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Mar 03 1993 (HC)

S. Ali Imam Vs. Lalit Narayan Mithila University and ors.

Court : Patna

S.B. Sinha and G.C. Bharuka, JJ.1. In this application the petitioner has prayed for issuance of an appropriate writ for quashing an order passed by respondent No. 3 dated 2-2-1993 whereby the petitioner was disallowed to appear at clinical and viva voce examination of D. Ortho course.2. The facts of the matter lines in a very narrow compass.3. The petitioner after passing his MBBS examination appeared in Post Graduate Medical Admission Test in the year 1991. He was selected for admission in Diploma in Anaethesiology. The petitioner, however was selected in Diploma in Anaethesiology. The petitioner was a regular student of Diploma in Anaesthesiology course for about six months. According to the petitioner he completed the course in Diploma in Orthopaedic in October, 1991 and thereafter he was sent up for examination held in the month of January 1992. He was also issued an admit card and thereafter appeared in three theoritical examination. According to the petitioner, however, he was ...

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Mar 03 1993 (HC)

R.K. Budhia and Company Vs. State of Bihar and ors.

Court : Patna

B.N. Agrawal and N. Roy, JJ.1. Heard the parties.2. This writ application has been filed for giving a direction to the respondents for unsealing the office premises of the petitioner and release of the articles belonging to the petitioner lying in its office. Further prayer has been made for release of the bus bearing registration No. BPN 8422 which has been seized.3. It is said that the petitioner has not received any notice of the certificate proceeding other than the notices enumerated in annexures '1' series.Yesterday when the case was heard, we directed learned Government Advocate, appearing on behalf of the State, to obtain instruction from the District Certificate Officer as to under what circumstance petitioner's office premises has been sealed and the articles kept therein have been seized. We also directed the learned Government Advocate to obtain instruction as to whether any notice has been given to the petitioner in the certificate proceeding or not. Pursuant to our direc...

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Mar 02 1993 (HC)

Ahmad Ali Akhtar and anr. Vs. Union of India (Uoi) and anr.

Court : Patna

B.C. Basak, C.J.1. A series of writ petitions were filed in this Court in respect of several notifications issued under Section 3 of Unlawful Activities (Prevention) Act, 1967 (hereinafter referred as 'the said Act'), whereby certain organisations were declared as 'Unlawful Associations' within the meaning of the said Act. This particular writ petition has been filed by two petitioners, namely, one Ahmad Ali Akhtar, who has described himself as President, Bihar Zone of Jammat-e-Islami-Hind (hereinafter referred to as the said 'Association') and by one Sri Qamrul Hoda, who has described himself as President, Patna Circle of the said Association. The constitutionality of the said Act and the notification issued thereunder have bean challenged on various grounds in this petition. The petitioners have challenged the notification dated 10th December, 1992, issued under Section 3(1) read with proviso to Sub-section (3) of Section 3 of the said Act, whereby the said Association was declared ...

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Mar 02 1993 (HC)

Lakh Narayan Karan Vs. Union of India (Uoi) Through the Special Secret ...

Court : Patna

Nagendra Rai, J.1. The present application has been filed for quashing the order dated 6-9-1983, contained in Annexure-8, passed by the Commanding Officer, 19-Vayu Raksha Regiment (respondent No. 5), by which he has sentenced the petitioner to suffer rigorous imprisonment for four months by confinement in a civil prison and dismissed him from the service in a summary Court Martial proceeding as well as the order dated 16th December, 1983 passed by the GOC-in-C, HQ. Northern Command, rejecting the petition filed by the petitioner against the aforesaid imposition of the penalty.2. The petitioner was appointed as a Gunner (Clerk-General Duties) in the Air Defence Regiment in the Indian Army. He took annual leave for 60 days in the month of January-February, 1983, and came to his village home at Bankatti, district Madhubani, and over-stayed the leave upto first week of April, 1983. Thereafter, he joined his duty. The Commanding Officer on production of medical certificate regularised his ...

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Mar 02 1993 (HC)

K.N. Farms Industries (Pvt.) Ltd. Vs. State of Bihar and ors.

Court : Patna

S.B. Sinha, J. 1. Whether a Tank is 'land' within the meaning of Section 2(f) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the said Act) is the Principal question involved in this application. 2. The petitioner is a land-holder It filed a return alleging that it is in possession of 443.90 acres of land. 3. A draft publication was made whereafter an objection was filed by the petitioner under Section 10(2) of the said Act on 9-7-1975 inter alia alleging therein that certain tanks and ridges have wrongly been included in the said draft publication. 4. By an order dated 9-10-1982 passed in Ceiling case No. 250 of 1973, the Additional Collector held that the tanks in question come within the purview of the definition of 'land'. In terms of the said finding a notification under Section 11 of the Act was issued. A Gazette notification dated 16-3-1983 thereafter was published in terms of the provisions of Sub-sect...

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Feb 26 1993 (HC)

Ajay Kumar Minz Vs. State of Bihar and ors.

Court : Patna

G.C. Bharuka, J. 1. The present writ applications have been filed by the petitioners for quashing of the order dated March 23, 1990 (Annexure-2) by which the respondent Director-General or Police has terminated the appointment of all constables appointed on the basis of selection made between the period October 17, 1989 to October 19, 1989 in the District of Jehanabad. 2. The facts giving rise to the present disputemay first be stated in short. Pursuant to an advertisement made for appointment of constables inthe District of Jehanabad, several persons including the petitioners appeared before a Selection Committee between the period October 17,1989 to October 19, 1989 and after various testsand verifications, on the basis of a panel prepared by the said Committee, 105 persons weredeclared to be fit for appointment. A copy of the selection list has been filed as Annexure-1 to thewrit application. Out of the said 105 persons, 87joined the posts pursuant to appointment lettersreceived b...

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Feb 26 1993 (HC)

Abdul Samad and ors. Vs. State of Bihar and ors.

Court : Patna

S.B. Sinha, J.1. This application is directed against the orders dated 12-9-1990 passed by the respondent No 5 and as contained in Annexure-3, the order dated 2-8-1991 passed by the respondent No. 3 and as contained in Annexure-4 to the writ application as also the order dated 24-9-1992 passed by the respondent No. 2 and as contained in Annexure-5 to the writ application as also the notification dated 18-8-1991, 2. The facts of the matter lie in very narrow compass.Late Mohd. Maqbul Rub, the father of the petitioner executed deed of gift dated 18-4-1963 in favour of the petitioner Nos, 1 to 3 as contained in Annexure-1 to the writ application. He executed another deed of gift dated 24-3-1972 as contained in Annexure-2 to the writ application. Yet by reason of the another deed of gift dated 25-J-1972 he gifted the property mentioned therein in favour of petitioner Nos. I to 4 which is contained in Annexure-2/1 to the writ application, 3. A land Ceiling proceeding was initiated against ...

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Feb 26 1993 (HC)

Mahanth Motilal Goswami Vs. State of Bihar and ors.

Court : Patna

S.B. Sinha, J. 1. The petitioner in this application has sought for issuance of a writ of certiorari for quashing the order dated 31-8-1992 passed by Sri Radha Kant Yadav special officer whereby he removed the petitioner as a trustee of Nosetarh Math. 2. The fact of the matter lies in a very narrow compass, 3. The petitioner is said to be a Chela of Mahant Madhaw Goswami who was the previous Mahanth of the Nosetarh Math. The said Mahanth Madhaw Goswami died in July, 1991. 4. A village committee allegedly in a meeting held on 9-7-1989 in that regard appointed the petitioner as a Mahanth of the said Math. A letter dated 24-9-91 to the aforementioned effect was also sent to the respondent No. 2 which is contained in Annexure-2 to the writ application. 5. The petitioner thereafter was appointed a temporary trustee by the Special Officer in terms of S. 33 of the Bihar Hindu Religious Trust Board Act by an order contained in the letter dated 24-9-1991 as contained in Anne-xure-3 thereof. 6...

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Feb 25 1993 (HC)

Ram Briksh Yadav and anr. Etc. Vs. State of Bihar and ors.

Court : Patna

S.B. Sinha, J. 1. These two writ applications involving common question of fact and law are taken up for hearing together and are being disposed of by this common judgment. 2. These applications are directed against an order dt.8-8-1985 passed by Respondent No. 4, order dt. 9-8-1991 passed by Respondent No. 3 and the resolution dt. 27-7-1992 passed by Respondent No. 2 as contained in Annexures 1, 2 and 4 respectively whereby and whereunder an application for pre-emption filed by Respondent No. 5, Sita Ram Yadav was allowed. 3. The fact of the matter lies in a very narrow compass. 4. Respondents Nos. 9 and 10 purchased the land in question from Respondents Nos. 6 to 8 by reason of a registered deed of sale dt. 16-10-1973. Registration of the said document was completed in terms of Section 61 of the Registration Act on 22-11-1973. On 9-1-1974 Respondents Nos. 9 and 10 executed adeed of sale in favour of petitioners by virtue of two registered deed of sale for a consideration of Rs....

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Feb 25 1993 (HC)

Anant Pd. Sah Alias Anant Kumar Gupta Vs. Devendra Nath Gupta and ors.

Court : Patna

U.P. Singh, J. 1. Both these revision applications are directed against a common order passed by the Subordinate Judge in Title Suit No. 26/91 directing the petitioner to deposit the arrears of rent as also the current rent under Section 15 of the Bihar Building (Lease, Rent and Eviction) Control Act. The defence has also been struck off. 2. Mr. S.C. Ghosh, learned counsel appearing for the petitioner has contended that the suit as such was not maintainable under the Bihar Building Rent Control Act since the leased out property to the petitioner was only a parti land bounded with walls and, therefore, the same would not be covered within the definition of 'building' as defined under Section 2(b) of the Act.3. In order to prove the fact that only the parti land was leased out to the petitioner, reliance was placed on the lease deed itself and the map of the land in question. It was pointed out that only parti land bounded with walls were leased out to the petitioner and, later, the pe...

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