Patna Court March 1994 Judgments
Prabhu Sharan Tiwari Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-16-1994
G.C. Bharuka, J.1. The petitioner was an Assistant Teacher in Navin Ganesh Pathshala, Kadamkuan, Patna which seems to have been taken over by the Government sometime in 1975 under the provisions of Bihar Non-Government Elementary School (Taking Over of Control and Management) Act, 1976. He has retired on 31.12.1992. At the time of his appointment he was merely Matriculate. Subsequently he enhanced his qualification by passing I.A. in 1966 and completed Teachers Training in 1976. According to the petitioner, pursuant to enhancement of his qualification he filed an application before the District Superintendent of Education (hereinafter, in short, referred to as respondent-D.S.E.) for granting him the I.A. trained scale. By order dated 22.9.1980 (Annexure '3') the D.S.E. allowed him the I.A. trained scale from 1.1.1977.2. Being aggrieved by grant of I.A. trained scale to the petitioner one Paras Nath Pandey and Anr. who were Assistant Teacher of Elementary School in the district of Patn...
Tag this Judgment!Praveen Kumar Jha Vs. Patna University and ors.
Court: Patna
Decided on: Mar-16-1994
G.C. Bharuka, J.1. This writ application has been filed by the petitioner for issuance of a writ of mandamus directing the respondents Patna University and its authorities to publish the result of the petitioner of B.Com. (Hons.) examination.2. The petitioner had undertaken the course of B.Com. (Hons.) Part I in 1988 by getting himself enrolled as a student in Vanijya Mahavidyalaya College of respondent which is one of the constituent colleges of Patna University. He appeared in Part I examination which had commenced on 8.11.1989. According to the petitioner though he passed in all the papers but in the subject Financial Accounts he could secure only 33 percent. Accordingly, he opted to appear for re-examination in the said subject in the next examination held on 20.1.1991 and secure 61 percent. Subsequently he appeared in B.Com. (Hons.) Part II and Part III examinations which commenced on 16.3.1991 and 12.5.1992 respectively. According to the petitioner though he has passed in all th...
Tag this Judgment!JainaraIn Manjhi Vs. State of Bihar and anr.
Court: Patna
Decided on: Mar-16-1994
G.C. Bharuka, J.1. In this writ application the prayer of the petitioner is that he should be treated as the headmaster of Adarsh High School, Lakhoria (Deoghar) by giving him he benefit of founder headmaster.2. I need not detain myself in setting out all the facts of the case because the petitioner had earlier moved this Court with the similar prayer vide C.W.J.C. No. 2328 of 1979 which was disposed of on 14th November, 1984 (Annexure-2) and the authorities were directed to consider the claim of the petitioner on merits. Pursuant thereto, the Respondent, Director, Secondary Education, by his order dated 15.10.1987 as contained in Annexure-2 to this writ petition, has rejected the claim of the petitioner by holding that he did not fulfill the requisite condition for treating him as founder headmaster since he did not have seven years' teaching experience continuously in the school from the date of its establishment. Permission was granted for the establishment of the said school on 1....
Tag this Judgment!Sanskrit Shikshak Sangh Saharsa-supaual Through Its Secretary and ors. ...
Court: Patna
Decided on: Mar-16-1994
G.C. Bharuka, J.1. The present writ application has been filed by the petitioners seeking a direction upon the respondents to pay salary to petitioners No. 3 to 14 who are said to be working as peons in different primary-cum-middle Sanskrit schools of Supaul District.2. As per the statement made in the writ application petitioners No. 3 to 14 had been appointed as peons in non-government Sanskrit schools situated in the district of Supaul by the respective Managing Committees. It is stated that these schools were granted recognition by the State Government with effect from 1.1.1985 being out of 205 such schools enumerated in the Education Department's resolution dated 23rd March, 1985.3. The grievance of the petitioners is that despite grant of recognition to the aforesaid schools, the State Government is not permitting the respondent-Sanksrit Shiksha Board (hereinafter referred to as 'the Board' only) to release the salary of the petitioners as a grant to those schools. It also appea...
Tag this Judgment!Managing Committee of Bhagwan Budh Primary Teacher's Education College ...
Court: Patna
Decided on: Mar-16-1994
G.C. Bharuka, J.1. This writ application was originally filed for issuance of a writ of mandamus commanding upon the respondents Bihar School Examination Board to allow the candidates of the petitioner to appear at the ensuing examination for the academic session 1989-91 and 1990-92 pertaining to teachers training and to publish the result. But subsequently an amendment petition was filed whereby the petitioner has sought to challenge the order dated 7-4-1993 (Annexure 8) passed by the State Government in Human Resources Development Department by which the application of the petitioner for grant of recognition/permission contemplated under the provisions of the Bihar Non-Government Physical Training Colleges and Non-Government Teacher's Training Colleges and Non-Government Primary Teacher's Education Colleges (Control and Regulation) Act, 1982 (hereinafter the Act only) read with Bihar Non-Government Teachers Training Colleges and Non-Government Primary Teachers Education College (Con...
Tag this Judgment!Dhrub Dubey Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-16-1994
G.C. Bharuka, J.1. This writ application has been filed by the petitioner for quashing the order dated 19-1-1993 (Annexure 3) passed by the Director, Primary Education (respondent No. 2) and the consequential order dated 4-3-1993 (Annexure 8) passed by the District Superintendent of Education by which the promotion granted to the petitioner in the grade of Headmaster has been cancelled.2. The petitioner is an Assistant teacher serving in Madhya Vidayalaya, Madhopur (Siwan). According to the petitioner, apart from the promotions granted to him from time to time in higher grades under Memo No. 2435 dated 30th June, 1983 issued by District Superintendent of Education, he was made the Headmaster of the School in question. Similar order seems to have been passed in respect of two more persons.3. Subsequently in C.W.J.C. No. 6973 of 1990, Sri Ram Naresh Thakur v. State of Bihar the aforesaid promotions including that of the petitioner were challenged before this Court on the ground that th...
Tag this Judgment!Hare Krishna Yadav and ors., Awadhesh Kumar Pandit and Ramesh Kumar Vi ...
Court: Patna
Decided on: Mar-16-1994
G.C. Bharuka, J.1. These writ applications have been filed by the petitioners for quashing the orders contained in Memo, dated 22-12-1990 and 23-12-1990 being Annexures 4, 2 and 3 to the respective writ applications by which the promotions granted to them in higher grades have been cancelled having been found to be irregular for various reasons stated in the impugned orders.2. The petitioners before us claim to be the assistant teachers serving in various elementary schools situated in the district of Purnea which are said to have been taken over by the State Government under the provisions of the Bihar Non-Government Elementary School (Taking Over of Management and Control) Act, 1976 (hereinafter in short the 'Act' only). The further case of the petitioners is that they were favoured with promotion in higher grades as per the communication made by the District Superintendent of Education, Purnea but the same has been cancelled by the impugned orders illegally.3. The facts and the qu...
Tag this Judgment!Krishna Mohan Prasad Sah and Others Vs. Commissioner of Income-tax.
Court: Patna
Decided on: Mar-12-1994
K. VENKATASWAMI C.J. - The question that has been referred to this court under section 64(1) of the Estate Duty Act, 1953, reads as follows :"Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in not granting exemption of Rs. 1,00,000 for the residential house under section 33(1)(n) of the Estate Duty Act, 1953, and limiting it only to the extent of the share of the deceased ?"Before narrating the facts, we would like to point out that this question appears to be no longer res integra.Brief facts are the following :The Assistant Controller of Estate Duty estimated the value of the residential house belonging to the Hindu undivided family of the assessee after following depreciation at Rs. 2,05,957. He granted exemption of Rs. 25,725 in respect of one-eighth share of the deceased in the house under section 33(1)(n) of the Estate Duty Act, 1953 (hereinafter referred to as "the Act"), and added a sum of Rs. 1,54,458 being the...
Tag this Judgment!Shivnath Ram Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-07-1994
Sachchidanand Jha, J.1. Whether an order of release on execution of bond under Section 4 of the Probation of Offenders Act. 1958 ('the Act' in short) precludes the Government from dismissing a convict employee or entitles him to reinstatement is the point under consideration in this writ petition.2. The facts giving rise to the petition are short. and simple. The petitioner along with his brother was put on trial for having committed offences under Sections 420 and 406 Indian Penal Code. According to the prosecution case, he had induced the complainant Thithan Paswan to pay him Rs. 2500/- as consideration for providing his unemployed son-in-law a job in the bank. The trial court found the petitioner as also his brother guilty of the offence under Section 420 I PC and sentenced them to undergo two years' rigorous imprisonment. The appellate court maintained the conviction but modified the sentence directing them to be released on execution of bond for keeping peace and good behaviour f...
Tag this Judgment!Ugra Mohan Jha Vs. Dighra, Zonal Manager, Central Bank of India and Ot ...
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Mar-07-1994
Mr. Justice B.N. Sinha, President: 1. The complainant has filed this case alleging deficiency in service on the part of opposite party Nos. 1 and 2 the two banks, and he has claimed compensation on the ground of financial loss and sought other reliefs mentioned in the complaint petition. 2. The case of the complainant may be briefly stated. The complainant happens to be the father of Sri Pramod Kumar Jha who is the proprietor of a Small Scale Factory known as M/s. Kumar Textiles in the Industrial Estate, Bhagalpur under Unemployed Engineers Employment Scheme since 1979. Sri Pramod Kumar Jha as the proprietor of that factory applied for working capital loan in 1972 from the Central Bank of India, Bhagalpur where he had his account. The Manager of the Bank took the running guarantee of one lac rupees. But the loan was not disbursed to him and he was informed that loan of Rs. 15,000/- only was sanctioned to him which he had already got in his account in the year 1972. In the year 1973 the...
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