Patna Court December 1994 Judgments

Harendra Kumar Pandey and ors. Vs. State of Bihar and ors.

Court: Patna

Choudhary, S.N. Mishra, J.1. In this writ application, the petitioners have questioned the legality/validity of the appointments of 234 persons on various posts by respondent No.2, namely, the Speaker of the Bihar Legislative Assembly in between 15.6.1990 and 1.11.1990 and for quashing the Office Order No.l Accounts 15/90-39, Vidhan Sabha, Patna, dated 14.9.1990 by which respondents Nos. 6 to 10 were appointed as Assistants in the Accounts Section of the Bihar Legislative Assembly, Patna, (hereinafter referred to as 'the Assembly') including the letters of appointment of Respondent Nos. 11 to 17, dated 15.11.1990. Copies of he said orders of appointment are made Annexure-2 series to this writ application.2. In order to appreciate the controversies and submissions raised on behalf of respective parties, It is necessary to mention some relevant faces and the case of the respective parties on the basis of the pleadings. The petitioners are duly qualified for the posts, which were filled ...

Jaikisore Gattani and anr. Vs. Shrimati Godawari Devi

Court: Patna

S.K. Chattopadhyaya, J. 1. Heard Mr. Debi Prasad, learned counsel for the appellant and Mr. N.K. Prasad, learned counsel for the respondent. With their consent, this second appeal is being disposed of at the stage of hearing itself under Order 41, Rule 11 of the Code of Civil Procedure. 2. This second appeal is directed against the judgment and decree dated 16-12-1993, whereby the learned Judicial Commissioner, Ranchi has confirmed the judgment and decree passed by the trial court. 3. The plaintiff-respondent filed (Eviction) Title Suit No. 34/86 against the appellants-defendants for evicting them from a shop on the ground of default in payment of rent and also of breach of term of tenancy. According to the plaintiff, the tenants were required to pay Rs. 135/- per month but they have defaulted in payment of the same from Oct. 1985 to April, 1986. The plaint was amended subsequently and the case of the plaintiff was that though the defendants were required, to run a shop but they had ...

Mohd. Manwarul Haque and ors. Vs. State of Bihar and ors.

Court: Patna

B.L. Yadav, J.1. This is an application under Article 215 of the Constitution of India read with Section 12 of the Contempt of Court Act, 1971 (compendiously the Act). The prayer in the application is that Shri Rajani Ranjan Prasad, District Magistrate, Katihar (Respondent No. 2) and Shri Akshaya Kant Mishra, District Panchayat Officer, Katihar (Respondent No. 3) be punished for having deliberately and wilfully disobeyed the order of this Court dated 10th December, 1993 passed in C.W.J.C. No. 7513 of 1993.2. The portrayal of the essential facts are that the applicants were appointed as Dalpatis in their respective Gram Panchayats by the Executive Committee of the Gram Panchayat and their appointments were approved by the District Panchayat Officer, Katihar by exercising his power under Rule 4(1) of the Bihar Panchayat Village Welfare Force Rules, 1949. The applicants were sent for training in Central Training Institute at Ranchi and completed the same and were awarded certificates. Th...

Maheshwar Prasad Singh Vs. the Hindustan Petroleum Corporation Ltd. an ...

Court: Patna

Nagendra Rai, J. 1. Both the writ applications are connected matters and as such with the consent of the parties they were heard together at the stage of an admission itself and arc being disposed of by thiscommon order. In C.W.J.C. No. 2401 of 1994 Mahcshwar Prasad Singh has prayed for a direction to the respondents Hindustan Petroleum Corporation Limited, the Oil Selection Board (East) and the Officers of the Hindustan Petroleum Corporation Limited to appoint him a dealer of retail outlet of petroleum products at the place mentioned in the advertisement and to cancel the appointment of Rakesh Kumar (Respondent No. 5) as a dealer of the retail outlet. 2. C.W.J.C. No. 7503 of 1994 has been filed by Rakesh Kumar for quashing the order of the District Magistrate, Begusarai dated 16-8-1994 by which he has ordered that grant of 'no objection certificate' shall be considered after disposal of case by the High Cour.t and has stopped construction of retail outlet by him and for a direction ...

New India Assurance Co. Ltd. Vs. Md. Yunus and ors.

Court: Patna

S.K. Chattopadhyaya, J.1. The appellant is the New India Assurance Co. Ltd. (in short 'the insurance company'). It has challenged the judgment dated 29.7.1987 and the award dated 10.8.1987 by reason of which the Claims Tribunal has awarded a sum of Rs. 1,12,000/- to the claimants as compensation under Section 110-A of the Motor Vehicles Act.2. The claimants (respondent Nos. 1 and 2) filed a claim case for grant of compensation on account of death of their son, Zasikuddin Ansari. According to the claimants, the deceased was the driver of a taxi bearing registration No. BHM 9039 belonging to respondent No. 3. While returning to his house on 26.1.1982 the said vehicle dashed against a tree by the side of the road as a result of which the deceased succumbed to his injuries. It is the case of the claimants that the deceased was getting a salary of Rs. 1,100/- per month and the vehicle was insured with the insurance company.3. The insurance company as well as the owner filed their respectiv...

New India Assurance Co. Vs. Md. Yunus and ors.

Court: Patna

S.K. Chattopadhyaya, J.1. The appellant is the New India-Insurance Company Limited (shortly 'the Insurance Company'). It has challenged the judgment dated 29.7.1987 and the award dated 10.8.1987 by reason of which the Claims Tribunal has awarded a sum of Rs. 1,12,000/- to the claimants as compensation under Section 110A of the Motor Vehicles Act.2. The claimants (respondents 1 and 2) filed a claim case for grant of compensation on account of death of their son Zasikuddin Ansari. According to the claimants the deceased was the driver of a taxi bearing registration No. BHM 9039 belonging to respondent No. 3. While returning to his house on 26.1.1982 the said vehicle dashed against a tree by the side of the road as a result of which the deceased succumbed to his injuries. It is the case of the claimants that the deceased was getting salary of Rs 1100/- per month and the vehicle was insured with the Insurance Company.3. The Insurance Company as well as the owner filed their respective sta...

Jamshedpur Engg. and Machinery Vs. Deputy Commissioner of

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (1995)53ITD227(Pat.)

2. At the outset, the ld. counsel for the assessee submitted before us that ground Nos. 1 & 2 relating to disallowance of sales-tax and labour welfare fund under Section 43B of the Act were not being pressed. They are accordingly rejected.3. The main dispute is contained in ground Nos. 3 to 6 and relate to an addition of Rs. 47, 83,916 on account of refund of Central Excise Duty.The original assessment was completed under Section 143(3) on 27-2-1989 on total loss of Rs. 12,76,550. Thereafter, the CIT passed an order under Section 263 of the Act on 18-3-1991 setting aside the assessment, inter alia, for the reason that unpaid statutory liabilities of Rs. 50,16,888 had not been included in the total income and, therefore, the assessment was erroneous and prejudicial to the interest of revenue.The section of the Act under which the amount should have been added was riot mentioned either in the order under Section 263 or in the show-cause notice sent earlier. Thereafter a fresh assess...

indra Kumar Vs. Union of India (Uoi) and ors.

Court: Patna

A.K. Ganguly, J. 1. Since common questions of law are involved in both these writ petitions, they are being disposed of by this common judgment.2. Heard teamed counsel for the parties in these matters.3. After hearing learned counsel for thepetitioners at length, we found that sincevarious questions have been raised in thesewrit petitions, we ought to dispose of the sameby a reasoned order.4. Learned counsel for the Election Commission of India (Respondent No. 2 herein) has handed over to this Court a copy of the order dated 1st August, 1994 passed, by the Hon'ble Surpeme Court in Transfer Petition (G) Nos. 151-52 of 1994. We have perused that order carefully. The said order of the Hon'ble Supreme Court refers to two petitions, one of which was filed in Calcutta High Court and another in Kerala High Court challenging the notification issued by the Election Commission dated 29th August, 1993 and in that context the Hon'ble Supreme Court was pleased to observe that if any such petition...

M. Neethi Chandra Vs. the State of Bihar and ors.

Court: Patna

S.N. Jha, J. 1. These four writ applications raising a common grievance on behalf of 21 petitioners have been heard together and are disposed of by this common judgment.2. Admission to professional courses, particularly the medical course, has been subject of debate and dispute at various levels. Courts have issued directions and laid down guidelines from time to time. It has, however, not been possible to evolve a fool proof procedure of admission. These writ petitioners who have been selected for admission to different post Graduate Medical Courses are aggrieved by allotment of course and/or college.3. Candidates are selected for admission to the various Post-Graduate Courses in medical education in the State of Bihar on the basis of a test known as Post Graduate Medical Admission Test (PGM AT, in short) held every year. As per the prospectus inviting applications for the 1992 Test, 50% of the seats were reserved for the candidates of Scheduled Castes (14%), Scheduled Tribes (10%) ...

Bihar State Financial Corporation Vs. Jute Mill Mazdoor Sabha and ors.

Court: Patna

A.K. Ganguly, J.1. This Letters Patent Appeal has been filed by the Bihar State Financial Corporation (hereinafter referred to as the said Corporation) impugning the judgment dated September 1, 1989 passed in C.W.J.C.No. 2159 of 1988.2. Briefly stated the facts of the case are as follows:-- Jute Mill Mazdoor Sabha, Katihar, a registered body having registration No. 1242 had filed the writ petition along with some workers of Katihar Jute Mill (hereinafter referred to as the said Mill) with a prayer for a direction upon the respondents including the appellant herein for making payment of the wages of the workmen and for payment of further dues of the E.S.I. Corporation and also with a further prayer for starting production and making available the raw materials and other items for saving the said mill from becoming a sick one.3. The appellant was respondent No. 2 in the writ petition.4. The said Jute Mill, incorporated under theIndian Companies Act was run privately by theChamarias of C...