Patna Court December 1994 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Danapur Nizamat Municipality and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-15-1994
1. A petition was filed for extention of some time which was fixed by this Court for holding election of the municipalities.2. In these cases, notifications issued by the State Government under Section 29(2) read with Section 386(1)(b) of the Bihar and Orissa Municipal Act, 1922 were challenged. By the aforesaid notification different Ad hoc Committees to look after the administration of the municipalities were constituted.3. It was held that the Government had full authority to constitute such Committees. Therefore, there was no defect in the notifications whereby different Ad hoc Committees were constituted by the State Government. But it was found that the term of duly constituted committees through electoral process had expired several years before. Therefore, it was considered that democratic process to conduct the election and constitute a body for administration of municipalities cannot be defeated or sidetracked for political consideration. The practice to substitute nominated...
Bal Mukund Sah and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-13-1994
S.N. Jha, J.1. This Writ petition involves questions relating to interpretation of Article 233 of the Constitution of India. The precise questions for consideration are (i) Whether it is open to the Governor i.e. the State Government to reserve posts in making direct recruitment's of Additional District Judges contrary to the advice of the High Court? and (ii) Whether the provisions of the Bihar Reservation of vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 (Bihar Act 3 of 1992) (hereinafter referred to as 'the Reservation Act') are applicable to the Judicial Service in the State of Bihar?2. The petitioners, who are advocates practicing in the Civil Courts at Jamui in the State of Bihar, have filed this writ petition in their personal capacity as also purporting to represent the interest of similarly situate advocates of the State seeking appropriate writ for quashing the advertisement dated June 16, 1994 inviting applicati...
Larson and Tubro Ltd. Vs. Commissioner of Commercial Tax and anr.
Court: Patna
Decided on: Dec-13-1994
K. Venkataswami, C.J.1. On an earlier occasion when this matter was heard by a Division Bench of this Court the learned Judges were of the view that the issue raised in this matter requires a decision by a larger Bench and on that view of the matter they passed an order of reference on 25.8.19872. The order of reference can be usefully set out as it contains the relevant facts in a nut-shell as well as the reason for referring the matter to a larger Bench. The order of reference reads as follows.8. 25.8.1987 The petitioner is a Public Limited Company. It has entered into a Works agreement with Tata Iron and Steel Company Limited, Jamshedpur for execution of certain works. The nature of the work is putting up structural constructions. In the course of execution of the Works Contract, the petitioner had to use cranes, tippers and trucks. The petitioner had been granted a certificate in terms of Section 13(1)(b)(ii) of the Bihar Finance Act, 1981. Subsequently, it filed a petition for am...
Prem Narayan and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-07-1994
S.N. Jha, J. 1. Article 16 of the Constitution of India provides for equality of opportunity for all citizensin matters relating to employment or appointment to any office under the State and prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth, residence or any of them except in cases falling in exceptions enumerated under Clauses (3) and (5) of the Article. Any preferential right to appointment to the person or class of persons born to particular parents would, thus strictly speaking, be contrary to the Constitutional mandate of Article 16. Appointment of dependent member of Government servants dying in harness on compassionate ground has nevertheless been upheld by this Court in Bijoy Kumar Singh v. The State of Bihar 1991 (1) PLJR 316 stating: 'The impugned circular, however, is not a bald preference to the dependents of employees of the State Government. It has not gone to the descent of the person preferred for appointment. It has taken no...
Prem Chandra Choudhary Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Dec-05-1994
Dharmpal Sinha, J.1. In this writ application the petitioner has sought relief for issuance of an appropriate writ or direction to the respondents who are officers of the Customs Department to return a jeep bearing registration No. BPFII of which the petitioner claims to be owner (vide copy of the registration certificate, Annexure-1 to the writ application).2. The relevant facts of the ease lie in a very narrow compass: The vehicle was seized on 9-9-1993 by the Inspector of Customs (Preventive) (respondent No.4) on India-Nepal Border at a place near Muzaffarpur in pursuance of the provision of Section 110(1) of the Customs Act, 1962 (for short, 'the Act') when it was found loaded with some computer parts, which, according to the custom officials (respondents), were foreign goods made in Malaysia and Japan and were being smuggled on the jeep. The driver of the jeep along with its two occupants were arrested.3. According to the case of the petitioner, the driver, namely, Chandeshwar Ma...
Ram Chandra Choudhary Vs. Union of India (Uoi)
Court: Patna
Decided on: Dec-05-1994
Dharampal Sinha, J.1. In this writ application the petitioner has sought relief for issuance of an appropriate writ or direction to the respondents who are officers of the Customs Department to return a jeep bearing registration No. BPF 11 of which the petitioner claims to be owner (vide copy of the Registration Certificate, Annexure-I to the writ application).2. The relevant facts of the case lie in a very narrow compass. : The vehicle was seized on 9-9-1993 by the Inspector of Customs (Preventive) (Respondent No. 4) on Indo-Nepal Border at a place near Muzaffarpur in pursuance of the provision of Section 110(1) of the Customs Act, 1962 (for short, 'the Act') when it was found loaded with Some computer parts, which, according to the custom officials (Respondents), were foreign goods made in Malaysia and Japan, and were being smuggled on the jeep. The driver of the jeep along with its two occupants were arrested.3. According to the case of the petitioner, the driver namely, Chandesh-w...
- ‹ Prev
- 1
- Next ›