Patna Court September 1993 Judgments
Narayanapur Ghat Chitouni Navik Samittee Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-30-1993
S.B. Sinha, N. Pandey and Shashank K. Singh, JJ.1. This application along with C.W.J.C. No. 7440 of 1988 has been placed before us for considering the question as to whether the Full Bench decision of this Court in Ranjit Singh v. State of Bihar, reported in 1987 P.LJ.R. 230 has correctly been decided or not.2. Having heard the counsel for the parties, We are satisfied that it is not necessary to decide the said question in C.W.J.C. No. 1146 of 1989 and, therefore, we are disposing of the matter by this judgment.3. Petitioner claims itself to be a co-operative society. According to the petitioner, a policy decision was taken on 27.3.1971 by the State of Bihar to run Narayanpur Ghat Chitouni Ferry (hereinafter referred to as 'the said ferry, which is contained in Annexure-1 to the writ application. Pursuant to the said policy decision 16 persons were appointed as Boatmen. It appears that various authorities recommended in different manners as to whether the ferry in question should run...
Tag this Judgment!S.D.O. Telephone Vs. Rohit Kumar Agrawal
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Sep-28-1993
B.N. Sinha, President: 1. This appeal is directed against order dated 24th June, 1992 passed by the District Forum, Begusarai in Case No. 12 of 1992. The appellant here was the opposite party and the respondent here .was the complainant before the District Forum. 2. The facts of the case may be briefly stated. The complainant is the subscriber of telephone No. 2224. He received bill dated 1.12.91 for the period 16.7.91 to 15.9.91 of Rs. 1,412.00 and bill dated 1.12.91 for the period 16.9.91 to 15.11.91 of Rs. 2103/-. The bill dated 1.12.91 also included a trunk call charge of Rs. 45/- which was in respect of another telephone No. 2124 which does not belong to this complainant. These two bills were highly inflated and excessive and also included the trunk call in respect of another telephone. His telephone was out of order from August, 91 to October, 91 in respect of which he filed complaint before the S.D.O. Telephone and also sent a registered letter to the Divisional Engineer, Teleph...
Tag this Judgment!Najeeb Zaman Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Sep-24-1993
S. B. Sinha And Narayan Roy, JJ. 1. In this application the petitioner has prayed for a direction upon the respondents to grant electrical connection to him. and for issuance of an appropriate writ for quashing the directions of the Electrical Executive Engineer vide memo No. 944, dated 21-6-1993 as contained in Annexure 7 to the writ application.2. The fact of the matter lies in a very narrow compass.3. Mohd, Qaiser Zaraan, brother of the petitioner had applied before respondent No. 1 for grant of electrical connection and pursuant thereto an agreement dated 2-11-1978 was entered into by and between respondent No. 1 and the said applicant. Initially, a connected load of 35 H. P. was granted which was lateron increased to 97 H. P, Another agreement was catered into on or about 9-3-1992 whereby respondent No. 1 was agreed to supply to Qaiser Zaman for running an Ice Plant with a connected load of 8 H. P. According to the petitioner the said connections were taken by his brother in his ...
Tag this Judgment!(Mrs.) Shashi Bala Choudhary Vs. Ramgarh Cantonment Board and ors.
Court: Patna
Decided on: Sep-24-1993
S.B. Sinha, J.1. This application is directed against an order dated 27-2-1993 (Annexure-7) passed by respondent No. whereby and whereunder it had reviewed its earlier resolution dated 4-3-1992 as contained in Annexure-3 to this writ application.2. The fact of the matter lies in a very narrow compass.3. The petitioner and the respondent No. 6 jointly prayed for allotment of a shop belonging to the respondent 1. The said shop No. 7 is commonly known as Nanda Hotel, the premises whereof was previously let out to one Rajendra Singh Nanda. In view of some financial stringency, he constituted a partnership firm wherefor he approached the petitioner and the respondent No. 6 and pursuant thereto a partnership deed dated 13-6-1987 by and between the petitioner and respondent No. 6 was entered into. The said Rajendra Singh further transferred his lease-hold interest in favour of respondent No. 6, on 3-6-1987 upon taking his due share in relation thereto. Allegedly, the petitioner and the resp...
Tag this Judgment!Prabhat Kumar Roy Vs. Ranchi University and ors.
Court: Patna
Decided on: Sep-24-1993
S.B. Sinha, J.1. The petitioner in this application originally prayed for a direction upon the respondents to make payment of salary to him from December, 1990 till date and further directing them not to prevent the petitioner from working and/or from discharging his duties as Assistant Auditor. Subsequently an application for amendment of the writ petition has been filed wherein the petitioner has sought for issuance of an appropriate writ for quashing the notification dated 20-6-1993 issued by the Registrar, Ranchi University, terminating his services with effect from December, 1990 as contained in Annexure-13 thereto,2. Petitioner is said to have been appointed as an Assistant Auditor in the scale of pay of RE. 785-1210 by the respondent University by office order dated 9-8-1989, which is contained in Annexure-1 to the writ application. Petitioner's father was Registrar of the University and prior to his superannuation he sought for permission of the Vice-Chancellor to proceed on ...
Tag this Judgment!Bhagwan Singh and Others Vs. Union of India and Others.
Court: Patna
Decided on: Sep-24-1993
In these applications the partitions have, inter alia, questioned the vires of section 44AC and 206C of the Income-tax Act, 1961.It is admitted that the said question is pending before the Supreme Court of India in Transfer Petition No. 42 of 1984 : Bihar Excise Vendors Association v. Union of India and, as such, in these writ applications we are not deciding the said question. We further make it clear that this decision shall be governed by the ultimate decision which may be rendered by the Supreme Court of India in the aforementioned case. However, as the matter is now fully covered by several decisions of this court, we dispose of these writ applications to this stage.These writ applications relate to the Districts of Hazaribagh, Ranchi, Giridih, Dhanbad, Bokaro, Aurangabad, Gaya and other places. Sections 44AC and 206C of the Income-tax Act read thus :"Section 44AC. - Special provisions for computing profits and gains from the business of trading in certain goods. -(1) Notwit...
Tag this Judgment!Bhagwan Singh and ors. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Sep-24-1993
1. In these applications the petitioners have, inter alia, questioned the vires of Sections 44AC and 206C of the Income-tax Act, 1961.2. It is admitted that the said question is pending before the Supreme Court of India in Transfer Petition No. 42 of 1984 : Bihar Excise Vendors Association v. Union of India and, as such, in these writ applications we are not deciding the said question. We further make it clear that this decision shall be governed by the ultimate decision which may be rendered by the Supreme Court of India in the aforementioned case. However, as the matter is now fully covered by several decisions of this court, we dispose of these writ applications at this stage.3. These writ applications relate to the Districts of Hazaribagh, Ranchi, Giridih, Dhanbad, Bokaro, Aurangabad, Gaya and other places. Sections 44AC and 206C of the Income-tax Act read thus : 'Section 44AC.--Special provisions for computing profits and gains from the business of trading in certain goods.-(1) ...
Tag this Judgment!Mohd. Sagir Ansari Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-23-1993
S.B. Sinha and Narayan Roy, JJ.1. In this application the petitioner has prayed for a declaration that he is a permanent Head Master of S. S. High School, Kisko at Lohardaga and for quashing an order dated 4-5-1987 passed by respondent No. 3 not declaring him as a permanant Head Master.2. The petitioner had filed a writ application in this Court earlier for self-same relief being C.W.J.C. No. 2060 of 1993(R) and by an order dated 5-8-1993. The said application was dismissed inter alia on the ground that the petitioner did not fulfil the requirement of the founder Head Master in terms of Government Notification No. 511 dated 20-11-1981. It was further held that all aspects of the matter have been considered by the competent authority in his order dated 4-5-1987 as contained in Annexure 7 to the writ application. The petitioner has now filed writ application alleging that he was appointed by the Managing Committee of the School. The petitioner has now contended that he was appointed in...
Tag this Judgment!Dwarika Prasad Rajak Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-23-1993
S.B. Sinha, J.1. This application is directed against an order dated 4-8-1992 (Annexure-l) passed by the respondent No. 1 Transport Appeal No. 38 of 1989, as also the minutes of the meeting dated 14-9-1989 of the respondent No. 2 as contained in Annexure-2 to the writ application.2. The facts of the matter lie in a very narrow compass.3. The petitioner was granted permit for Bokaro Korba route by the respondent No. 2 in its meeting dated 21-7-1989 in respect of a bus bearing No. B. I. N. 965. A complaint was made by the respondent No. 5 to the effect that the petitioner has obtained the said permit by committing fraud. The chairman of the respondent No. 2 thereafter directed the State Transport Commission to inquire into the matter whereupon one Shri Bhola Singh was deputed by the State Transport Commissioner, According to the petitioner no fraud bad been committed by him in relation to the aforementioned vehicle. According to the petitioner/respondent No. 2, however, without awaiting...
Tag this Judgment!Ram Krishna Singh Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Sep-22-1993
S.B. Sinha, J. 1. This application is directed against an order dated December 2, 1992 (Annexure-7) passed by the Secretary, Bihar State Electricity Board, Patna (respondent No. 2) whereby and where under, the petitioner's services have been terminated. 2. The short facts relevant to be noticed in this case are as follows:- The petitioner who is a Correspondence Clerk was transferred from the Electricity Circle, Dhanbad to the Headquarters of the Electricity Board, By another office order dated April 13, 1992 (Annexure 4) he was posted to the Regional office of the Board at Ranchi. The petitioner allegedly was relieved with effect from December 10, 1991 but he neither joined the Board's Headquarters at Patna nor joined the Regional Office at Ranchi. It appears that an advertisement was issued in a newspaper to the effect that if by September 16, 1992 the petitioner does not joint to his transferred place, proceedings for termination of his service would be taken. According to the res...
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