Patna Court April 1993 Judgments
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Gopi Krishna Pathak and ors. and Dhirendra Prasad Singh and ors. Vs. R ...
Court: Patna
Decided on: Apr-16-1993
Radha Mohan Prasad, J.1. All the three writ applications have been heard together and are being disposed of by this common judgment/ order as the questions involved are identical as also the facts are; more or less, similar.2. In the said writ applications the grievance of the petitioners is, that their salary with effect from August, 1991October, 1991 hat been withheld by the respondents without any valid reason and-thus the action; at the respondents in this regard is wholly unjustified. C. W. J. C. No. 873 of 1992 (R), a further prayer has been made for quashing of the;' order dated 18-10-1991 issued by the Registrar, Ranchi University (respondent No. 3) whereby he has issued direction to the Principal of Markham Commerce College, Hazaribagh not to make payment to such teaching and non-teaching staff whose names do not figure in the list approved by the Government and the consequential order of the Principal, as contained in Annexure 6; stopping the payment of salary of the petitio...
Dr. Awadh Kishore Prasad Yadav and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-16-1993
B.C. Basak, C.J.1. These are series of writ petitions where question of facts and law are generally common and accordingly, they were heard together. However, in this judgment we shall deal with only two of the petitions which relate to Patna University. In these two writ petitions the challenge is against the order of the Patna University demoting the petitioners from the respective posts held by them.FACTS-C.W.J.C. No. 1921/932. In writ petition C.W.J.C. No. 1921 of 1993 the case made out by the petitioners is as follows, The petitioners are 14 in number and they have challenged the order issued by the Patna University dated 15th February, 1993 (Annexure-10 to the writ petition) issued under the signature of the Registrar of Patna University, being respondent No. 7, whereby the promotion of a large number of teachers from the rank and post of Lecturers to the rank and post of Readers in different Departments of the Constituent Colleges of Patna University, including the petitioners...
Brij Mohan Prasad Vs. State of Bihar
Court: Patna
Decided on: Apr-15-1993
Nunumani Prasad Singh, J.1. This application in revision is directed against the judgment and order dated 4th January, 1986 passed by the 4th Additional Sessions Judge, West Champaran, Bettiah whereby he dismissed the appeal affirming the conviction of the petitioner under Section 16(1)(b) of the Prevention of Food Adulteration Act, 19.4 (herinafter to be referred to as the 'Act') and sentence to undergo R/I for six months as passed by the learned sub-divisional Judicial Magistrate, Bettiah in Case No. 36 of 1980.2. On 8th April, 1977, the complainant Pashupati Prasad, Food Inspector, Chanpatia visited the grocery shop of the petitioner and after giving notice, he demanded the sample of mustard oil from the petitioner for chemical examination by the Public Analyst. But the petitioner refused to give him any sample. The complainant, after obtaining necessary sanction from the Chief Medical Officer cum Civil Surgeon, filed prosecution report (Ext. 1) before the Chief Judicial Magistrat...
Surendra NaraIn Yadav and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-13-1993
S. B. SINHA, J. 1. Both these writ applications involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment. 2. The fact of the matter lies in a very narrow compass. 3. By reason of two deeds of sale dated 10-9-1981 the petitioners purchased plot No. 240 appertaining to Khata No. 182 of Mouza Jagbati P.S. Manihari. The said plot No. 240 is in three parts the northern portion of the said plot measures 30 decimals and the southern portions thereof measures 1 acre, in between the aforesaid two lands lies 50 decimals of the land which was purchased bythe uncle of the petitioner. The deeds in question were registered on 5-5-1982 in terms of Sections 61 and 62 of the Indian Registration Act. On 24-5-1982 the applications for pre-emption were filed by the respondent Nos. 5, 6, 7 and 8. The said pre-emption applications had been allowed by reason of the impugned orders dated 16-8-1982, 27-4-1983 and 17-5-1984 as contained i...
Mukh Ram Sharma Vs. Project and Development India Ltd. and anr.
Court: Patna
Decided on: Apr-13-1993
1. Heard counsel for the petitioner and the respondents.2. This writ petition has been filed making a grievance of non-payment of gratuity, travelling allowance and other post retirement benefits. When the matter was taken up on 18.3.1993, counsel for the petitioner stated that the dues other than gratuity and travelling allowance had been cleared. In view of the stand of the respondents that the out standing dues could not be cleared as the petitioner did not vacate the quarters for about 9 years even after his retirement, a Bench of this Court directed the petitioner to vacate the premises on or before 31.3.1993 with a further direction that in that event the respondent No. 1 shall clear all outstanding dues.3. A supplementary affidavit was filed on behalf of the petitioner stating that in terms of the said order the petitioner vacated the quarters on 30.3.1993. The respondents have filed an affidavit today stating that as against the claim of Rs. 32,289.23 p. as gratuity, the peti...
United India Insurance Co. Ltd. and Others. Vs. Ajoy Kumar Nandi.
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Apr-13-1993
B.N. Sinha, President: 1. This appeal is directed against order dated 3.6.92 passed by the District Forum, Dumkain Complaint Case No. 1 of 1992. The impugned order reads as follows: Haziri filed on behalf of both parties. A joint petition has been filed on behalf of both parties that the O.P. has agreed to pay compensation to the tune of Rs. 30,000/- (Rupees thirty thousand) only. Advocate for petitioner agrees to it. This amount must be paid by the next date which will be on 8.7.92. 2. This appeal has been presented before this Commission on 6.7.92 i.d, after the expiry of the period of one month from the date of the impugned order and therefore an application supported by an affidavit has been filed under Rule 8(4) of the Bihar Consumer Protection Rules explaining the circumstances under which the memo of appeal could not be presented before this Commission within a period of thirty days from the date of the impugned order. It may be mentioned that Section 15 of the Consumer Protecti...
Brahamdeo Paswan and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-12-1993
B.P. Singh and G.C. Bharuka, JJ.1. Heard Counsel for the parties.2. It is unfortunate that a case in which the first information report was lodged as early as on 15-10-1972 a serious offence of murder, is still pending disposal before the trial Court. It appears that there are eight accused persons named in the report, and out of them seven surrendered before the Court below on 31st, of October, 1972. It is also apparent that the trial was not delayed on account of the eight accused absconding. The police acted with promptness and the charge-sheet was submitted on 7th of March, 1973. This was followed by an order taking cognizance of offences under Sections 147, 148, 149 and 102 of the Indian Penal Code on the 3rd of April, 1973. The seven accused persons who had surrendered were granted bail on different dates in the year 1974. The matter remained pending and the police documents were not supplied to the accused till November 24, 1980 i. e., seven years and seven months after the ord...
Babulal Paswan @ Babulal Paswan and ors. Vs. State of Bihar ors.
Court: Patna
Decided on: Apr-12-1993
S.B. Sinha, J.1. This application is directed against an order dated 24-6-1986 passed by respondent No. 5 as contained in Annexure-5 to the writ' application whereby the said' authority in purported' exercise of his owner conferred under Section 6 of the Bihar Public Land Encroachment Act directed to remove the encroachment.2. The basic facts of the matter are not in dispute. The petitioners are Harijans and/or belong to backward classes. They are also said to be landless persons. The petitioners and six other persons filed in all 30 applications on 8-5-1982 before the Land Reforms Deputy Collector for settlement of the plots contained in khasra No. 36 khata No. 234 measuring 38.kathas 10 dhura situate in Companybagh within the Bhagalpur Municipality. The lands have been recorded as 'Anabad Bihar Sarkar'. Upon receipt of the said applications, an enquiry was made by the Land Reforms Deputy Collector (respondent No. 4) and accordingly Parwanas were issued in favour of the petitioners o...
Gupteshwar Ram @ Gupteshwar @ Gupta and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-12-1993
S.H.S. Abidi, J.1. Appellant Gupteshwar Ram has been convicted under Section 302 of the Indian Penal Code (for short I.P.C.) and Section 27 of the Arms Act and has been awarded sentence of rigorous imprisonment for life and two years rigorous imprisonment under each count. Appellants, Nand Kumar, Budhu Ram, Tribhuwan Ram, Mahendra Ram and Rajbali Prasad. Ram have been convicted under Section 302/149, I.P.C. and have been sentenced to rigorous imprisonment for life. Appellants, Gupteshwar Ram, Nand Kumar Ram and Budhu Ram have further been convicted under Section 108, I.P.C. and sentenced to two years rigorous imprisonment. Appellants Tribhuwan. Mahendra and Rajbali have been further convicted under Section 147, I.P.C. and sentenced for one year R. I. Appellant Mahendra has further been convicted under Section 323, I. P.C and sentenced to six months R. I. How-evever, all the sentences have been ordered to run concurrently. The other four accused, namely, Bhikari Ram, Umesh Ram, Radha R...
Commissioner of Income-tax Vs. Ashok Kumar Jalan
Court: Patna
Decided on: Apr-09-1993
G.C. Bharuka, J. 1. This reference has been made by the Tribunal under Section 256(1) of the Income-tax Act, 1961 (hereinafter to be referred to as 'the Act' only), seeking the opinion of this court on the following question of law : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in determining the cost of the shares at the market rate as on December 31, 1969, or it should be taken as nil ?' 2. Adverting first to the relevant facts : The assessee is a Hindu undivided family. The case relates to the assessment year 1975-76. One of the coparceners of the family, Ashok Kumar Jalan, had purchased 23,750 shares in Hindustan Malleable and Forgings Ltd., for a consideration of Rs. 41,875. Thus the cost of acquisition of each share came to Rs. 1.76. On December 31, 1969, he threw the entire shares in the common stock of the assessee family. Out of the total shares acquired by the Hindu undivided family, during the assessment years 1971-72, 1972-73 and...
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