Patna Court November 1994 Judgments

Sunil Kumar Agrawal Vs. Chief General Manager Telecom, Patna and Other ...

Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna

B.N. Sinha, President: 1. The solitary question in this appeal is if the complainant-appellant who has installed phonePCO/STD is a consumer under the Consumer Protection Act, 1986 (hereinafter called the Act). 2. The facts leading to this appeal may be noticed with utmost brevity. The appellant here, complainant before the District Forum, was granted licence by the respondent here the Opposite Party before the District Forum, to instal a pay phone booth at Jhumritilaiya and to operate pay phonePCOandSTD calls. The complainant accordingly installed the pay phone booth and started to operate pay phone PCO and STD, under the terms and conditions of the licence. It appears that under the terms of the licence the complainant was permitted to charge Re. 1/- per unit besides the usual fixed charges from the callers for the calls made from the pay phone and make payment to the respondent after collecting the charges for calls made by the public as per metered calls recorded in the exchange a...

Bishandeo Choudhary and ors. Vs. State of Bihar and ors.

Court: Patna

N. Pandey, J.1. By means of these writ applications under Articles 226 and 227 of the Constitution of India, the petitioners have raised a grievance, that the respondents have practised discrimination in violation of Articles 14 and 16 of the Constitution of India, refusing to pay them salary in the scale of pay prescribed for similarly placed employees like Supervisors appointed under the Adult Education Scheme. They have also invoked the doctrine of 'equal pay for equal work as enshrined under Article 39(d) the Constitution.The contempt application (MJC 702/89) was filed for appropriate action against the respondents of C.W.J.C. No. 8315 of 1988 on the allegation that they made an attempt to violate interim order dated 17.11.1988 passed in that case.2. All these writ applications and the intervention applications, although on behalf of different petitioners but for the same relief, have been heard together and, therefore, are being disposed of by tiles common judgment.3. To have a b...

State Bank of India Vs. State of Bihar and ors.

Court: Patna

Reported in: 1995(43)BLJR171; (1996)ILLJ144Pat

1. This Letters Patent Appeal was filed against the judgment dated October 23, 1987 passed by a learned Single Judge in CWJC No. 5433 of 1986.2. The main point of controversy in the impugned judgment is about the effect of the notification dated August 13, 1985 issued in exercise of power under Section 4(2) of the Bihar Shops and Establishments Act, 1953 (hereinafter referred to as the said Act) on the proceeding pending before the Presiding Officer, Labour Court, Muzaffarpur who is an authority under the said Act.3. In order to understand the nature of controversy between the parties, it is necessary to note only a few facts.4. The respondent No. 3 in this appeal joined the services of the State Bank of India (hereinafter referred to as the said Bank) at Balasore sometime in February, 1986. Thereafter on transfer he had come to Muzaffarpur. While respondent No. 3 was working as the then Agent of Muzaffarpur Branch, the management of the said Bank asked respondent No. 3 to explain his ...

The Governing Body of the Budha Institute of Dental Science Vs. the St ...

Court: Patna

A. K. Ganguly, J. 1. The subject matter of challenge in this writ petition is an order dated 7th February, 1993. The said order is passed by the Government of Bihar, Health Medical Education and Family Welfare Department wherein it is stated that the Additional Secretary of the Department is satisfied that Buddha Institute of Dental Science and Hospital, Kankarbagh does not have the minimum requirement and facility laid down by the Government of India and Indian Dental Council and so the affiliation granted to the said institute stands cancelled.2. The factual aspects of the case are not much in dispute and are narrated below.3. The case of the petitioner is that the Buddha Institute of Dental Science and Hospital (hereinafter called the said Institute) established by Gautam International Pratisthan, a Society of Buddist Minority Community, is the second Institute of its kind in the State of Bihar. The only other institute of its kind is the Government Dental College Patna.3. Some ti...

Managing Committee of Telco Urdu Middle School and anr. Vs. State of B ...

Court: Patna

R.N. Sahay, J.1. The Managing Committee of TELCO Urdu Middle School has filed this application for quashing the order of the third Respondent dated 24.12.1993 (Annexure-6A) whereby the order of dismissal of 4th Respondent as headmaster of the School passed by the Managing Committee has been stayed. The impugned stay order was passed after the 4th Respondent failed to obtain interim injunction in the Title Suit filed by him before the Munsif, Jamshedpur.2. The first petitioner is the Managing Committee of Telco Urdu Middle School which is a religious minority Institution and has been declared as such by the Education Department on 19.2.1978. In 1976, Bihar Non-Government Elementary Schools (Taking Over of Control) Act, 1976 was enacted by the State Legislature. Rules have been framed thereunder and executive instructions have also been issued. In the Act, so far as minority elementary schools are concerned, there is no provision of any Governmental control over the Management of the Sc...

Binodanand Jha Vs. Union of India (Uoi) and ors.

Court: Patna

R.N. Sahay, J.1. In this application, the petitioner has prayed for quashing the letter dated 1.10.1992 (Annexure-7) issued by respondent No. 4, Principal, Kendriya Vidyalaya Dipatoli, Ranchi, whereby he has terminated service of the petitioner as Post Graduate Teacher in history on the ground that one Shri L.L. Singh (respondent No. 5) has joined as Post Graduate teacher in history. Petitioner has also prayed that respondents be directed to allow him to continue in the said post.2. The petitioner was appointed by the Principal, Kendriya Vidyalaya, Dipatoli on 16.1.1991 as Post Graduate Teacher in History on Ad-hoc basis in the pay scale of Rs. 1640-2900. The appointment of the petitioner was for a limited period and the petitioner was again appointed vide office order dated 19.9.91 (Annexure-4). This appointment was terminated on 30.4.92. The post of Post Graduate Teacher in History was again advertised and after interview, an order of appointment dated 1.9.92 was issued appointing t...

Ajay Construction and Muzaffarpur Properties Private Ltd. Vs. Union of ...

Court: Patna

B.P. Singh, J. 1. These two writ petitions raise common questions and have been heard together. They are being disposed of by this common judgment. Civil Writ Jurisdiction Case No. 6734 of 1994 has been filed by the vendee, whereas Civil Writ Jurisdiction Case No. 4283 of 1994 has been filed by the vendor. The representative facts are taken from Civil Writ Jurisdiction Case No. 6734 of 1994. The petitioner has challenged the notice dated April 12, 1994 (annexure '8'), issued by the Deputy Commissioner of Income-tax (appropriate authority), and the order passed by him dated July 26, 1994 (annexure '11'), whereby the competent authority has ordered the pre-emptive purchase of the property in question. The petitioner has also prayed for a writ of mandamus commanding the appropriate authority to issue a 'no objection' certificate and directing the Sub-Registrar, Patna, to compulsorily register the sale deed in favour of the petitioner. The petitioner's grievance is that the order for pre-...

Brij NaraIn Sharma Vs. Mahesh Prasad Mandal, Chairman Bihar State Ware ...

Court: Patna

1. By the Court.-Heard counsels for the parties.2. The counter affidavit has been filed on behalf of respondent No. 1 as well as the State and the Advocate General appears on their behalf.3. The case of the petitioner is that respondent No. 1 was appointed as the Chairman of the Bihar State Warehousing Corporation by notification dated 10th September 1991. Learned Advocate General does not dispute that the notification dated 10th September 1991 was issued in anticipation of the approval of the Central Warehousing Corporation as required by Section 20(2) of the Warehousing Corporation Act 1962. It is also not disputed that approval was granted by the Central Warehousing Corporation on 9.12.92. We have, therefore, no manner of doubt that the term of three years for which respondent No. 1 was appointed as the Chairman of the Corporation expired on 9th September 1994. In fact the impugned notification (Annexure-1) has been issued by the State Government on 13th September 1994 which states...

Apurba Ranjan Sarkar Vs. Bank of India and ors.

Court: Patna

R.N. Sahay, J.1. The petitioner at the material time was posted as Assistant Manager, in Sakchi Branch of Bank of India. He is governed by the Bank of India Officers Service Regulation 1979 (in short the Regulation).2. On 20.2.1986 the petitioner applied for advance of Rs. 1300/- for the purpose of purchasing onward journey tickets for visiting Puri along with family. The amount was sanctioned and paid to the petitioner by the appropriate authority. Regulation (44) speaks of leave travel concession facility to the officers of the Bank of India. Sub-regulation (7) of Regulation (44) entitles staff to take advance against leave travel concession which reads as follows:(i). An officer, an request may be granted an advance to the extent of actual costs of return tickets for going to the place on destination/visit is declared by him on his undertaking to produce ticket and relevant money receipts.(ii). Where an officer proposing to travel by his own car/taxi he may be granted an advance up...

1) Ajay Construction (C.W.J.C. No. 6734 of 1994) (2) Muzaffarpur Prope ...

Court: Patna

B. P. SINGH J. - These two writ petitions raise common questions and have been heard together. They are being disposed of by this common judgment. Civil Writ Jurisdiction Case No. 6734 of 1994 has been filed by the vendee, whereas Civil Writ Jurisdiction Case No. 4283 of 1994 has been filed by the vendor. The representative facts are taken from Civil Writ Jurisdiction Case No. 6734 of 1994. The petitioner has challenged the notice dated April 12, 1994 (annexure "8"), issued by the Deputy Commissioner of Income-tax (appropriate authority), and the order passed by him dated July 26, 1994 (annexure "11"), whereby the competent authority has ordered the pre-emptive purchase of the property in question. The petitioner has also prayed for a writ of mandamus commanding the appropriate authority to issue a "no objection" certificate and directing the Sub-Registrar, Patna, to compulsorily register the sale deed in favour of the petitioner. The petitioners grievanc...