Patna Court January 1995 Judgments
Amareshwar Singh and anr. Vs. Bihar State Housing Board and ors.
Court: Patna
Decided on: Jan-18-1995
Nagendra Singh, J.1. With the consent of die parties this application is being disposed of at the stage of admission itself.2. Heard learned Counsel for the parties.3. Both the petitioners have filed the present writ application against the Bihar Slate Housing Board through its Chairman (respondent No. 1) and its officers for a direction to charge the price of the House sites allotted to the petitioners at the rate which was charged by in the year, 1980 from the other allotees' and further to restrain them not to charge from the petitioners with regard to the Houses sites allotted to them at the rate applicable in September, 1992. They have also prayed for giving them interest at the rate of 18% on the earned money deposited by the petitioners in the year, 1980.4. In this case necessary facts for disposal of the present writ application are stated as follows:5. Under the provisions of the Bihar State Housing Board Act, the respondent Housing Board has been constituted with sole object...
Tag this Judgment!DeonaraIn Roy Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-18-1995
S.K. Homchaudhuri, J. 1. This application under Articles 226 and 227 of the Constitution of India is directed against the order dated10-12-1979 (Annexure 2) passed by the Land Reforms Deputy Collector in Case No. 19 of 1979, allowing the application of respondent No. 5 under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, the appellate order dated 19-5-1980 (Annexure 3) 'passed by the Additional Collector, Hajipur in Ceiling Appeal No. 71 of 1979-80 and the order dated 27-6-1983 (Annexure 4) passed by the learned Member, Board of Revenue, Bihar, in Case No. 166 of 1980. 2. To appreciate the case of the petitioner, it is necessary to narrate the undisputed facts of the petitioner's case in brief. The petitioner purchased a plot of land measuring 20 decimals bearing plot No. 465 of Khata No. 161 for a consideration of Rs. 3,000/- as per registered sale-deed executed on 6-3-1979 by respondent No. 6. (According to the petition...
Tag this Judgment!Rajmani Harijan and anr. Vs. Bihar Public Service Commission and ors.
Court: Patna
Decided on: Jan-18-1995
B.P. Singh, J.1. The petitioners herein have prayed for cancellation of the list pf candidates selected by the respondent-Bihar Public Service Commission, and recommended for appointment as Assistant Public Prosecutor on the basis of the special competitive examination held in the year 1991. It may be noticed that the aforesaid special competitive examination was held only for candidates belonging to the Scheduled Castes and Scheduled Tribes. The petitioners have further prayed that their names may be included in the merit list since the candidates who secured lesser marks have been recommended for appointment. The respondent-Commission have justified its action stating that the petitioners had not submitted the necessary caste certificate which they were required to do within the prescribed period.2. The facts of the case are not in dispute. The petitioners claim that they are Hrijan, and as such they are members of Scheduled caste. Pursuant to the advertisement they had submitted th...
Tag this Judgment!Smt. DulhIn Basmatia Alias Basamato Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-17-1995
K. Venkataswami, C.J. and S.N. Jha, J. 1. This is an appeal under Clause 10 of the Letters Patent. It arises out of an application under Articles 226 and 227 of the Constitution of India. The facts giving rise to the appeal, shortly stated, are there.2. Respondent No. 3 Keshav Chandra Pratap Singh made a transfer by sale of 0.42 acre land of plot No. 1244 of village Ratangarh in the district of Bhojpur in favour of respondent No. 2, Raja Ram Singh, The appellant made an application under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (in short 'the Ceiling Act') claiming right of pre-emption on the ground of adjacency to the vended plot. The claim was resisted by the purchaser on the ground that he was a Sikmidar i.e. an under-Raiyat not only of the vended plot but also the adjacent plot bearing plot No. 1243. According to him, as a Sikmidar, he has acquired certain rights and privilege in the land. The Deputy Collector Ine...
Tag this Judgment!Saurabh Tak Vs. Nifft and ors.
Court: Patna
Decided on: Jan-16-1995
P.K. Deb, J.1. The petitioner is a student of respondent No. 1 and he has come to this Court for asking him to repeat in the third year Classes when he could not appear in the 2nd Semester examination of the third year course due to his ailment. He was ailing admittedly for about three months.2. It is the contention of the petitioner that the representation of the petitioner for allowing him to attend IVth year Class and to appear in the Next Semester examination to clear his IInd Semester of third year Class was rejected by order dated 19.8.1994 illegally without giving proper consideration to his ailment.3. Mr. A.K. Sinha, the learned Counsel appearing on behalf of the petitioner has given much stress on Rule-B of the Page-7 of Regulation and Syllabus of the respondent, wherein there was scope for allowing on medical ground the prayer of the petitioner.4. In the counter-affidavit, the contention of the petitioner has been denied and stated that the prayer of the petitioner could not...
Tag this Judgment!Badarpur thermal Power Station and anr. Vs. Central Government Industr ...
Court: Patna
Decided on: Jan-13-1995
R.N. Sahay, J. 1. The Central Government vide notificationdated April 5, 1980, referred a dispute betweenthe petitioners and workmen under Section 10(4) of the Industrial Disputes Act for adjucationto the Central Industrial Tribunal, Dhanbad.The terms of reference were as follows:- 'Whether the demand of the workmen ofBadarpur Thermal Power Station CoalMonitoring Cell, Dhanbad forregularisation to the post of LoadingInspector in the grade applicable to a regularemployee of the Badarpur Thermal PowerStation, New Delhi with benefits ofdearness allowance, house rent allowanceetc. is justified? If yes to what relief theseworkmen are entitled to?' 2. The Industrial Tribunal by an award dated March 23, 1992 (Annexure-1) answered the reference in favour of the workmen and directed the petitioner-Management to regularise all the concerned workmen except one in clerical grade-II with effect from the dateof the reference. The award has been challenged by the petitioners on the ground that it...
Tag this Judgment!Manoj Kumar Thakur Vs. Shibani Devi
Court: Patna
Decided on: Jan-13-1995
Sachchidanand Jha, J.1. In a matrimonial suit for decree of divorce the Court below has passed an interim order directing payment of maintenance pendente lite at the rate of Rs. 300/- per month and also expenses of the proceeding quantified at Rs. 4000/- under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'). The husband has come to this Court in revision.2. Before I proceed to dispose of the case on merits, I may mention that earlier, pursuant to the orders of this Courts both the parties appeared in person before me along with their respective fathers in order to enable the Court to make endeavour for amicable settlement between them. During course of the Session, which was held in camera, in my Chambers, learned Counsel for the parties also were present. However, on account of recalcitrant attitude of the husband and his father the endeavour to bring about settlement between the parties was given up and this case was posted for hearing on merits.3. ...
Tag this Judgment!Divisional Engineer Telegraph, Chapra Vs. Ravindra Nath Singh
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Jan-13-1995
B.N. Sinha, President: 1. This appeal is directed against order dated 12th August, 1992 passed by the District Forum, Saran at Chapra in Case No. 136 of 1990 in which the appellant here was the opposite party and the respondent here was the complainant before the District Forum. 2. The facts of the case as putforth by the complainant before the District Forum may be noticed with relative brevity. The complainant is the subscriber of Telephone No. 2953 with STD facility since October, 1988, but the telephone service was never satisfactory. The complainant had however no complaint against the telephone bills of that telephone before Dasahara 1989. In Dasahara 1989 two linesmen of the telephone department came to the complainant and demanded Bakhshish which was refused by the complainant. Thereafter the complainant received inflated and excessive bills regarding which he complained to the officers of the Telephone Department who informed the complainant that it was beyond their power to r...
Tag this Judgment!Laldeep Bhagat Vs. State of Bihar
Court: Patna
Decided on: Jan-12-1995
Ram Nandan Prasad, J.1. This appeal has been filed against the judgment and order of conviction and sentence dated 11.9.1989 passed by the 3rd Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 142 of 1989. The appellant has been convicted for the offence under Sections 302, 376 and 201 of the Indian Penal Code and has been sentenced to undergo imprisonment for life, rigorous imprisonment for ten years and five years under the aforesaid sections respectively. The sentences were ordered to run concurrently.2. The case of the prosecution is that the informant P.W. 11 went to the police station along with villagers and the appellant on 13.3.1988 and gave his Fardbeyan at about 9.45 A.M. stating, inter alia therein, that on 11.3.1988 his sister Nazma Khatoon had gone to Kurthani Gudri Bazar for selling Bananas. She did not return to her house in the evening. He searched her but he could not find her any trace. On 13.3.1988 while he was coming to the police station, Binda Paswan ...
Tag this Judgment!Govind Prasad Sinha Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-12-1995
R.M. Prasad, J.1. In the present writ application the petitioner has prayed for quashing of the order passed on Ist November, 1994, vide Annexure-9, whereby he has been placed under suspension for the second time on the same ground.2. Mr. Sudhir Kumar Katriar, learned Counsel appearing for the petitioner, has contended that earlier also the petitioner was placed under suspension by order dated 5th June, 1991, as contained in Annexure-4, on account of the pendency of Vigilance Case No. 2/91 against him. The said order of suspension was revoked on 8th January. 1993 by an order passed by the Government, as contained in Annexure 7. Thereafter the impugned order of suspension has been passed on the same ground on which the petitioner was placed under suspension on 5.6.1991.3. A counter-affidavit on behalf of the respondents has been filed in which it is stated that earlier the petitioner was placed under suspension on institution of the vigilance case against him. In paragraph 8 of the sai...
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