Patna Court February 1995 Judgments
Maliram Parsurampuria and ors. Vs. the State of Bihar
Court: Patna
Decided on: Feb-10-1995
Ashish N. Trivedi, J. 1. Since similar questions of facts and law are involved in these two miscellaneous case, they are being decided by this common judgment. 2. Reference under Section 18 of the Land Acquisition Act made by the District Land Acquisition Officer, Sitamarhi to the Court was registered as Misc. Case No. 4/18 of 1979 and was pending in the Court Sub-Judge, sitamarhi. On 2-2-I97^|_he appellant was absent and the Trial Court passed the following order dismissing the reference for default :-- ^^vkosnd gkthjh nsrs gSa] foi{khdksbZ iSjoh ugha fd;s A okn iqdkjk x;k A ckj&ckj iqdkjus ij Hkh mHk; i{k dhvksj ls dksb mifLFkr ugha gq;s A vr% Hkw vtZu okn voe iSjoh essa [kkjht fd;ktkrk gS A g- Mh- ih- flUgk A &n...
Tag this Judgment!Koshi Refinery Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Feb-10-1995
Ashok Kumar Ganguly, J. 1. Heard learned counsel for the parties and perused the materials on record. This matter should be disposed of at the admission stage and I do so by passing the following order: 2. This writ petition was filed with the following prayer:-- '(i) Respondents 1 to 4 be directed to enhance the allotment of Slack Wax from 10 Metric Tonnes to the petitioner or alternatively if the respondents are not in a position to allot the required quantity of Slack Wax, the respondents be directed to grant permission to the petitioner to import it and for that necessary permission be given to him. (ii) The auction sale notice contained in Annexure-7 of this writ petition with regard to the petitioner unit be quashed. (iii) Respondent No. 5 he directed to accept the payment with simple interest only and to charge the amount as stated above till the quota of Slack Wax is enhanced. (iv) For any other relief/reliefs to which the petitioner is found entitled under law in the facts a...
Tag this Judgment!Laxami Narayan Rice Mills and anr. Vs. the State Bank of India, Deogha ...
Court: Patna
Decided on: Feb-10-1995
Ashish N. Trivedi, J. 1. Title (Mortgage) Suit No. 138 of 1986 was filed by the State Bank of India, plaintiff-opposite party, against Laxami Narayan Rice Mill, a partnership firm and its partners Sri Kailash Kumar Khowala and Sri Ram Avtar Khowala which is pending in the Court of Subordinate Judge-V, DeoghaRule 2. During the pendency of the suit defendant No. 3 Sri Ram Avtar Khowala died on 18-9-1991. It is claimed on behalf of the petitioners that defendant No. 2, through the other partner of the firm, had duly intimated the fact of the death of defendant on 1-10-1991 to the plaintiff-bank, yet no steps were taken for substitution of the legal heirs of the deceased defendant No. 3 and again on 16-3-1992 information regarding the death of defendant No. 3 was sent to the plaintiff-bank yet again no steps were taken for substitution. 3. It appears that defendants 1 and 2 appeared in the court below on 16-2-1994 after substituted service by publication and filed a petition on 24-5-199...
Tag this Judgment!Sheo Chand Prasad Gupta Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-09-1995
P.K. Deb, J.1. There is chequered history of this case when the petitioner abovenamed is knocking at the door of the High Court over and again for redressal of his grievance.2. For appreciation of the points involved, the short facts are necessary to be stated in the case.The petitioner was serving as Halka Karamchari in the Anchal office at Daltonganj where he joined on 17.8.1957. During the period between 1966 to 1968, the petitioner was posted as Karamchari at the Anchal Office at Nagarutari. During that period allegations were raised against the petitioner, to the effect that he had embezzled with government revenues etc. Accordingly, on request of the Sub-divisional Officer, D.C .L.R. Garhwa inquired into the complaints and made a report on 17.2.1970. On the basis of that report, the petitioner was suspended on 18.4.1970 and then the petitioner was served with a chargesheet' concerning the allegation of omission and commission alleged to have been made by him daring his posting a...
Tag this Judgment!Somra Oraon Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-09-1995
P.K. Deb, J.1. The grievance of the petitioner in this Writ application is that he was appointed as Lecturer in the subject of Oraon (Kurukh), a regional language in Mandar College, a Constituent college under the respondent No. 3, Ranchi University and he was serving as such till date, but he has not been paid his salary since July, 1991, so the relief claimed is that he should be paid his salary since July, 1991 till date and continued to be paid henceforth.2. The petitioner's case is that he was appointed as a Lecturer while Mandar College was an affiliated college under the Ranchi University in the year 1982 on temporary basis and afterwards after due process of advertisement etc. he was appointed on regular post and is working as such. Mandar College then declared as a Constituent College under Ranchi University and that the names of all the teaching and non teaching staffs including that of the petitioner was referred by the Ranchi University to the Government for approval, but ...
Tag this Judgment!Jai Shankar Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-08-1995
Nagendra Rai, J.1. Heard the learned Counsel for the petitioner and the State. Perused the Writ petition and a copy .of the counter-affidavit supplied to me by the counsel for the Slate, as the counter-affidavit filed in the case is not with the file.2. The petitioner has filed the present application against the order dated 17-5-1994 of the State Government, contained in Annexure-11, issued under the signature of the Special Officer-cum-Deputy Secretary, Department of Water Resources, Bihar, Patna, by which the appointment of the petitioner has been cancelled on, the ground that the same was irregular.3. The facts, which are necessary for disposal of the present case are that the petitioner was appointed as Seasonal Circle Muharrir on temporary basis on 4-12-1969 in the office of Hazaribagh Anchal (vide Annexure-1). Thereafter, the authorities took steps for selection of Muharrir and Ors. according to the relevant rules and the petitioner appeared in the competitive examination and h...
Tag this Judgment!Madan Dhibar Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-08-1995
P.K. Deb, J.1. Both these writ applications are taken up together for disposal at the admission stage itself as the points involved in both the cases are almost same and of similar nature. The petitioners are also father and son2. Madan Dhibar, the petitioner in C.W.J.C. No. 2618/94 (R) had been settled with the tank in question situated at Bhurkunda appertaining to khata No. 41, plot No. 739/740 measuring an area of 1.93 acres for the year 1993-94 and the Jama from him was taken granting certificate to him on 29.7.1993 and as such according to the petitioner, he was granted settlement from 29.7.1993 till 28.7.1994 for one year but in the meantime, according to the petitioner, respondent No. 4 had been settled with the tank on long term basis for a term of 10 years, which according to the petitioner is against all norms and violative of the codified processes made by the Government of Bihar from time to time and such settlement of tank in favour of the respondent No. 4 was made withou...
Tag this Judgment!M/S. Delhi Law Times Office Vs. Sri Jagdish Prasad and Another.
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Feb-08-1995
B.N. Sinha, President: 1. This appeal is directed against order dated 20th December, 1992 passed by the District Forum, Patna in Complaint Case No. 400 of 92 in which this appellant alongwith respondent No. 2 were opposite party and the respondent No. 1 here was the complainant before the District Forum. 2. At the time of hearing nobody appeared on behalf of the appellant and the respondent No. 1 who appeared in person was heard and the order was reserved. 3. The appeal has been presented before this Commission on 18.3.94 i.e., after the expiry of the period of thirty days from the date of the impugned order and hence an application sup- ported by an affidavit has been filed under Rule 8(4) of the Bihar Consumer Protection Rules (hereinafter called the Rules) stating the facts on which the appellant relies to satisfy this Commission that it has sufficient cause for not prefering the appeal within the period of limitation as specified u/Section 15 of the Consumer Protection Act (hereina...
Tag this Judgment!Yugal Kishore Choudhary Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-07-1995
Asok Kumar Ganguly, J. 1. Heard learned counsel for the parties and also perused the affidavits filed by the respondents-parties including the affidavit filed by the intervenors. This matter is being disposed of finally at the admission stage by passing the following order :2. This writ petition has been filed by one Yugal Kishore Choudhary for the following reliefs :-- '(a) To command the respondents 2 and 3 to forthwith take appropriate steps to convene the meeting of the members of Dalsing-sarai Notified Area Committee which is a mandate under provisions of the Bihar and Orissa Municipal Act, 1922 (hereinafter referred to as the Act for brevity) to be held once in every month, but since 5-8-93 no meeting has been convened resulting in the development works to come to a grinding halt.(b) To direct the respondent No. 2'to hold an enquiry in regard to unauthorised and illegal cheques (without getting it sanctioned and countersigned) issued under the pen and signature of respondent No...
Tag this Judgment!Archi Nawal Kishore Kujar Vs. State of Bihar
Court: Patna
Decided on: Feb-06-1995
P.K. Deb, J.1. The appellant is an I.A.S. officer, who has been tried for a charge under Section 302/301 I.P.C. for intentionally committing murder of his wife, Joyes Kujur and ten of screening himself from the legal punishment by setting fire the dead body to show that she had caught fire accidentally and died of bum injury.2. The prosecution story in brief is that on 17.5.1990 at 1 a.m., the accused who was then posted at Ranchi walked from his residence and rushed to Lalpur Police Station and lodged a written report (Ext. 4) stating inter alia that his wife Joyes Kujur died of burn injuries at 11 p.m. in the last night i.e. 16.5.1990. As per the report, on that date in the evening, the deceased Joyes Kujur went to her mother's residence at Morhabadi and returned home at about 9 p.m. She then went to kitchen to prepare food for herself and the informant. The husband and wife alone were living in a rented house. The food was ready at 10.30 p.m. As desired by the accused when Joyes Ku...
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