Patna Court November 1995 Judgments
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Shashi Bhushan Singh and anr. Vs. Oil Selection Board, Bihar and ors.
Court: Patna
Decided on: Nov-03-1995
S.K. Homchaudhuri, J. 1. In this petition under Articles 226 and 227 of the Constitution of India the petitioners have approached this Court with a prayer to set aside the order dated 8-4-1994 passed by respondent No. 1 and to issue an appropriate writ or direction commanding respondents Nos. 1 to 4 to issue letter of indent in favour of the petitioners in respect of distributorship of L.P.G. (Indane) at Mango in Jamshedpur. 2. To decide the controversy raised in this petition, it is necessary to State the material facts in brief. The Indian Oil Corporation, a Government of India undertaking, under the Ministry of Petroleum, made an advertisement on 28-2-1988 for selection and appointment of L.P.G. distributors under the open category for Mango in Jamshedpur town and other places in the State of Bihar. In the said advertisement the eligibility criteria of the persons to be appointed such as nationality, age, education, domicile, permanent residence, annual income etc. were laid dow...
Chainu Singh Alias Chunni Singh Vs. Ashwini Kumar Jha and ors.
Court: Patna
Decided on: Nov-03-1995
R.N. Sahay, J. 1. This appeal arises out of an application for compensation under the Workmen's Compensation Act. The Original applicant, Geeta Devi, the daughter of the present appellant died during the pendency of the proceeding before the Labour Court, B. S. City and the present appellant was substituted in her place. The learned Labour Court has dismissed the application on the ground that the present appellant was not entitled to compensation under the Workmen's Compensation Act. 2. The learned Labour Court has completely misdirected himself in holding that the present appellant had no legal right to pursue the application on the death of his daughter. The appellant was not required to prove that he was dependent on the earning of her daughter. The question is whether he had the right to be substituted to in place of her deceased daughter. This was not a case of fatal accident. The deceased had claimed compensation for permanent disablement. In the instant case, the appellant wa...
Shanti Mishra Vs. Bihar State Road Transport Corporation and ors.
Court: Patna
Decided on: Nov-03-1995
S.K. Chattopadhyaya, J.1. The petitioner, widow of Sriram Mishra, an erst-while employee of Bihar State Road Transport Corporation (hereinafter referred to as the Corporation') has moved this application for payment of legal dues to her. She has also prayed for a direction to the Corporation to deposit the rent collected up-to 28.2.1990 by the Corporation to the Bihar State Housing Board.2. The basic facts, which require to be stated for the disposal of this case with consent of the parties, are that the husband of the petitioner retired on 28.2.1990 from the service. As retirement benefits were not paid to him, he moved this Court in CWJC No. 1943/90 (R) and the same was disposed of on 4.9.1991 by the learned Single Judge of this Bench directing the Corporation to pay provident fund and gratuity to the husband of the petitioner. The Corporation filed SLP No. 17242-A/92 against the said order. However, during pendency of the said SLP, the husband of the petitioner died on 27.10.1991 w...
Padam Sagar Suri Vs. Prayag Lal Rana and anr.
Court: Patna
Decided on: Nov-01-1995
Gurusharan Sharma, J.1. The plaintiff-opposite party No. 1 herein filed Partition Suit No. 61 of 1985 for partition of his half share in the properties detailed in Schedules A and B to the plaint against defendant No. 1. Opposite Party No. 2 herein. The petitioner was also impleaded as defendant No. 13 therein. It is true that with respect to certain dispute between the parties referred to in the Arbitration agreement dated 27.7.1983, the petitioner was appointed as sole arbitrator and he gave his award. A reference of the said award has been made in paragraph-9 of the plaint, but neither the said award has been challenged, nor any relief has been claimed against the petitioner in the suit. The petitioner is a Jain Sadhu. He is neither a co-sharer of the opposite party No. 1 nor belongs to his family, nor he is a purchaser nor interested in any of the suit properties.2. After receiving summons, the petitioner appeared in the suit and filed written statement, stating therein that he wa...
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