Patna Court May 1994 Judgments
District Manager Telecom Vs. Hari Shankar Sharan Singh
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: May-24-1994
B.N. Sinha, President 1. This appeal is directed against order dated December, 1992 passed by the District Forum, Patna in Complaint Case No. 506 of 1991 in which the respondent here was the complainant and the appellant here was the Opposite Party before the District Forum. 2. The case of the complainant may be briefly stated. The complainant is the owner of telephone No. 231568 and he filed a case before the District Forum complaining that the telephone bill dated 9.10.90 for Rs. 2246.00 and telephone bill dated 11.11.90 for Rs. 10,157.00 are inflated and excessive. The telephone bills from 1975 to 1990 has always been between Rs. 200.00 to 400.00. The complainant protested before the O.P. against these two bills but no rebate was given to him in respect of the bill dated 9.10.90 and rebate of 4530 calls were given to him in the telephone bill dated 11.11.90. On these grounds the complainant filed this case before the District Forum for setting aside these two bills and for directing...
Tag this Judgment!Arijit Dutta and ors. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: May-20-1994
Chy. S.N. Mishra and Mukundakam Sharma, JJ.1. In this writ application the petitioners challenge the process of admission of students in the Bachelor of Engineering/Bachelor of Architecture courses for the sessions 1992-93 and 1993-94 and contend that the same is vitiated by illegalities, irregularities and bunglings.2. The case of the petitioners is that in response to the admission notice dated 10-1-93 issued by and on behalf of the Birla Institute of Technology, Mesra (shortly 'B. I. T. Mesra') (a deemed University) inviting applications for admission in the Bachelor of Engineering course for the Sessions 1993-94, the petitioners submitted their applications. Entrance examination for such admission was held en 29-5-1993 and 30-5-1993. The petitioners appeared and to their expectation they should have obtained not less than 75% marks in the said entrance examination. Further case of the petitioners is that in the prospectus it was clearly mentioned that the admission would be made ...
Tag this Judgment!Commissioner of Wealth-tax, Bihar-i, Patna Vs. Jagdish Prasad Choudhar ...
Court: Patna
Decided on: May-19-1994
Asok Kumar Ganguly, J. 1. This is a reference at the instance of the revenue.2. The question which has been referred to this Court under Section 27(1) of the Wealth-tax Act, 1957 (hereinafter referred to as the saidAct) is set out below :-- 'Whether on the facts and in the circumstances of the case, the Tribunal was justified in cancelling the penalties imposed under Section 18(1)(a) of the Wealth-tax Act, 1957 on the ground that no reasonable opportunity of being heard was given by the successor Wealth-tax Officer before passing the Order imposing penalties under Section 18(1)(a) of the aforesaid Act to the assessee for the assessment years 1968-69 to 1970-71?'3. The facts of this case, which are not very much in dispute, are stated as follows:-- For the late filing of wealth-tax returns, penalty proceedings were initiated against the assessee for the assessment years 1968-69, 1969-70, 1970-71. On or about 14th March, 1973 three similar show cause notices were issued by Mr. N. Dubey,...
Tag this Judgment!Ashirvad Enterprises Vs. the State of Bihar and anr.
Court: Patna
Decided on: May-18-1994
K.S. Paripoornan, C.J.1. The petitioner firm is a small scale industrial unit. It is a registered dealer under the Bihar Finance Act, 1981, and under the Central Sales Tax Act, 1956. In this writ application, the petitioner assails Annexure '5', an order passed by the second respondent-Deputy Commissioner of Commercial Taxes, Special Circle, Patna, dated 9-6-1991. By the said order, the second respondent has declined the prayer of the petitioner for the issue of Form XXVIII-B under Rule 45 of the Bihar Sales Tax Rules, 1983. The ground of rejection was that the dealer has not deposited the admitted tax on or after 1-9-1991, by wrongly pleading the facility of set-off afforded by S. O. No. 123 dated 5-3-1990.2. The petitioner-firm is engaged in manufacturing P. V. C. Pipes and fittings, H. D. P. E. Pipes and fittings and L. D. P. E. pipes and fittings. It is stated that the petitioner was availing the benefit of S. O. No. 787, dated 10-9-1986, which was an incentive afforded to the sm...
Tag this Judgment!Syed Iqbal Ali Imam Raza Vs. State of Bihar and anr.
Court: Patna
Decided on: May-18-1994
S.N. Jha, J. 1. The Supreme Court by its judgment in All India Judges' Association v. Union of India, AIR 1993 SC 2493 : (1993) 4 SCC 288 : (1993 Lab IC 2321) has raised the superannuation age of subordinate Judicial Officers to 60 years subject to assessment and evaluation by the respective High Courts as to the potential of the officer for continued useful service. The petitioner, then posted as District and Sessions Judge, Katihar, has been denied the benefit of the increased age of superannuation. A communication to the above effect was sent by the Registrar Patna High Court, on 23rd November 1993. He challenged the said decision in the Supreme Court in Writ Petition (Civil) No. 5 of 1994 which was permitted to be withdrawn on 7th January 1994 with liberty to move the High Court. Accordingly, the pelitipner has filed this writ petition under Articles 226 and 227 of the Constitution. Copy of the said letter of the Registrar has been marked Annexure-12 to the writ petition. 2. Th...
Tag this Judgment!Sanjiv Kumar and ors. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: May-18-1994
K.S. Paripoornan, C.J. 1. There are three petitioners in this case. They question the constitutionality and propriety of the Bihar Official Language Amendment Act (Bihar Act 2 of 1981). The resultant notifications dated 17-4-1981, 12-6-1989 and 16-6-1989 issued by the Government in the department of official language are also assail-ed. The combined effect of the Act and the notifications is to declare 'Urdu' as the second official language in as many as 29 districts of Bihar. True copy of the Bihar Act 2 of 1981 is Annexure-1 and the notifications are Annexures 2, 2A and 2B. The petitioners contend that Act 2 of 1981 is ultra vires of the Constitution, since it is violative of Articles 343, 345 and 347 of the Constitution of India. It is stated that the Urdu speaking people form 9.95% whereas the Hindi speaking people constitute 79.85%. For exercising the power under Article 347 of the Constitution, 'substantial proportion of the population of a State' should desire the use of any l...
Tag this Judgment!President, Mahavidyalaya Shiksha Sudhar Sangharsh Samiti Vs. State of ...
Court: Patna
Decided on: May-17-1994
1. This writ petition purports to be a Public Interest Litigation filed by the President Mahavidyalaya Shiksha Sudhar Sangharsh Samiti, A. N. college, Patna through its President. The prayer is for the issue of a direction to the respondent-State of Bihar, District Magistrate, the police officials, University authorities and the Principal, A.N. College, for vacating Central Reserve Police Force Camp and the Bihar police camping in the premises of the A.N. College, Patna. 2. The petitioner states that on 18-6-1993 the students celebrated the birth day of Bihar Bibhuti Late Anugrah Babu on the Boring Road due to presence of police force in the college premises. According to the petitioner, the students of the college are agitating for removal of the police force from the college campus. The college building and vacant grounds are under the control of the Central Reserve Police Force in collusion with the 5th respondent. The presence of the Central Reserve Police Force in the education...
Tag this Judgment!Raj Kumar Agrawal Vs. Dr. B. Mukhupadhyay
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: May-17-1994
B.N. Sinha, President: 1. The Complainant has filed this case against the Opposite Party an eminent Orthopaedic Surgeon, alleging negligence in diagnosis and treatment by him and claiming compensation for the alleged loss and injury caused to him on that account. 2. The case as alleged by the Complainant in his complaint petition may be briefly stated. On 8.4.93 the Complainant sustained fracture injury on his left hand elbow region and after X-ray done on advise of local Pharmasist who was given first aid treatment and bandaging at Muzaffarpur. The Complainant came to Patna on 9.4.93 and contacted the Opposite Party in his clinic at Saidpur, Patna, and deposited his consultation fee. On examination of the Complainant's injury and X-ray report the Opposite Party directed the Complainant to report in Popular Nursing Home, Patna at 2.00 p.m. on the same day after getting some pathological tests done in Shanker Micro Pathological Laboratory, Patna. The Complainant accordingly got the path...
Tag this Judgment!Mohd. Isha Vs. Khursheed Anwar and anr.
Court: Patna
Decided on: May-16-1994
O.N. Asthana, J.1. This Criminal Revision is against the judgment and order of 6th Additional Sessions Judge, Siwan passed in Criminal Revision No. 32 of 1994 (Khurseed Anwar v. State of Bihar) delivered on 1st March, 1994, where the learned Additional Sessions Judge reversed the order of the Magistrate dated 13th January, 1994.2. The matter relates to release of the B us (criminal case property). The Magistrate gave the possession of this vehicle to Md. Isha by his order dated 13th January, 1994. In revision the learned Sessions Judge set aside the order of the Magistrate and delivered the possession of the case property (Bus) to Kurshid Anwar. On 14.10.93 Md. Isha lodged the police report under Sections 406 and 420, IPC against Sri Baijnath Prasad, Khurshed Anwar and two others. The relevant allegations in brief, are that on 24th August, 1993, these accused persons obtained thumb impression and signature of Jamadar Mian (father of the complainant) and took away his Bus on 13th Octob...
Tag this Judgment!Sri Gopal Churiwala @ S.G. Churiwala Vs. National Insurance Co. Ltd. a ...
Court: Patna
Decided on: May-11-1994
Ashok Kumar Ganguly, J.1. This appeal has been filed against the judgment and order dated 1st November, 1991 passed by Aftab Alam, J., on the writ petition filed by the appellant. On a perusal of the said judgment of the first Court, it appears that though various points were urged in the writ petition, counsel for the appellant-writ petitioner only picked up two points relating to his categorization/promotion. Those two points which were urged before the first Court were as follows:(a) A declaration that the appellant-petitioner's initial categorisation (in 1975) as Assistant Administrative Officer was bad and illegal and a consequential direction to assign him, from the date of the initial categorizations, the post of Administrative Officer with all the attending benefits.(b) The other point urged, in the alternative, was that a direction be given to the respondents to promote him to the post of the Administrative Officer with effect from 1-4-1976 wen persons Junior to the petitione...
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