Patna Court February 1995 Judgments
Bimlesh Chandra Ojha and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-03-1995
R.N. Sahay, J.1. The petitioners have moved this Court for quashing the notification issued on 25.7.1989 (Annexure-2) whereby respondent Nos. 6 to 68 have been promoted to Gazetted Class II senior post in the pay scale of Rs. 1000-1820/- on the ground that the petitioners who are holding Gazetted post were denied just promotion in breach of Bihar Industries Service Cadre Rules 1987 framed under Article 309 of the Constitution of India.2. The relevant facts may now be noted. This is admitted that the petitioners were initially appointed as Assistant Superintendent in the pay scale of Rs. 335/- to Rs. 555/-. In due course they were promoted to Class II Junior post in the pay scale of Rs. 880-1510/-. It is also admitted that the respondents are working in Non-Gazetted post though drawing better pay then the petitioners.3. The learned Counsel for the petitioner has contended that in terms of Rule 11 of the Bihar Industries Service Cadres Rule 1987 promotion to any post shall be made from ...
Tag this Judgment!Mahendra Prasad Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-03-1995
Asok Kumar Ganguly, J. 1. Heard learned counsel for the parties and perused the affidavits filed in this case. In this matter, the learned counsel for the petitioner draws the attention of this Court to the two supplementary affidavits filed on 2-2-1995. As those supplementary affidavits were filed without obtaining leave of this Court, I am not taking into consideration the contents of those affidavits while passing the following order. However, in my view, this matter should be disposed of finally at the admission stage. 2. The grievance of the writ petitioner is that his date of birth which has been recorded on the basis of certain documents in the records of the erstwhile employer Mohini Sugar Mill has not been followed by the respondents authorities, namely, Bihar State Sugar Corporation Limited (hereinafter referred to as the said Corporation) while passing the impugned order of retirement. 3. The case of the petitioner, as it appearsfrom the writ petition, is that his date of ...
Tag this Judgment!Manoj Kumar Saraf, Vs. Magadh Stock Exchange Association and ors. and ...
Court: Patna
Decided on: Feb-03-1995
Sachchidanand Jha, J. 1. The petitioners, members of the Magadh Stock Exchange Association, a company incorporated under the Companies Act,1956 (hereinafter referred to as 'the stock exchange'), are aggrieved by the decision declaring them as defaulters and seek its quashing. In C.W.J.C. No. 1126 of 1991 the petitioner, in addition, also seeks certain declaration and quashing of some circulars of the stock exchange. 2. Despite a marathon hearing many aspects of the case touching upon the functioning of the stock exchange, in general, remained unclear to us. However, it is not necessary to go into the facts which are indeed complex and diverse, since, in my opinion, the writ petitions are fit to succeed on the ground of violation of the rules of natural justice alone. 3. The articles of association of the stock exchange, which are deemed to be rules under Section 2(g) of the Securities Contracts (Regulations) Act, 1956, under which the stock exchange has been established, read with i...
Tag this Judgment!M/S Shaheen Engineers Private Ltd. Vs. Bihar State Export Corporation ...
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Feb-03-1995
B.N. Sinha, President: 1. This complaint has been filed by the complainant against the opposite party claiming Rs. 9,98,919.83 as compensation for the loss claimed to have been suffered by the complainant due to negligence and deficiency of service on the part of the opposite party. 2. The facts of the complainants case may be briefly stated. The Bangladesh Railways, Chittagong was in need of 1.4 million CFT Stone Ballasts for their railway works. Hence they entered into a written contract signed on 28.8.88 with respondent No. 1 The Bihar State Export Corporation (BSEC) for supply thereof to them. The supply was to begin within 45 days from the receipt of letter of credit (L/C) and was to be completed within twelve months thereof and it was to be supplied at the average rate of 1.40 lacs CFT per month. The respondent No. 1 approached the complainant for supply of Stone Ballasts to which they agreed and accordingly an agreement was signed on 15.9.88 between them. According to the said a...
Tag this Judgment!Commissioner of Income-tax Vs. Chandmal Rajgarhia
Court: Patna
Decided on: Feb-02-1995
K. Venkataswami, C.J. 1. In all these cases the assessee is the same but the assessment years are different. Though the questions of law for the different assessment years, in form, are differently worded, in substance, the question of law referred to this court is the same. For the assessment years 1975-76 and 1977-78 corresponding to Tax Cases Nos. 205 of 1981 and 65 of 1984, respectively, the common question of law referred to this court for opinion under Section 256(2) of the Income-tax Act, 1961 (hereinafter to be referred to as 'the Act' only), reads as follows : ' Whether in the facts and circumstances of the case, the Tribunal was in error in holding that the income from the mining business of the 'assessee was not assessable as income of an association of persons ?' 2. Likewise for the assessment years 1976-77, 1973-74 and 1971-72 corresponding to Tax Cases Nos. 62, 63 and 64 of 1984, respectively, the common question of law referred to this court for opinion under Section 2...
Tag this Judgment!New India Sugar Mills Ltd. and Etc. Etc. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-02-1995
B.P. Singh, J. 1. The petitioners in this batch of writ petitions are Sugar Companies, which have challenged the constitutional validity of the Bihar Molasses control Act, 1947 (hereinafter referred to as the State Act), mainly on the ground of legislative competence of the Bihar Legislature to continue the provisions of the Act after the enactment of the Industries (Development and Regulation) Act, 1951, and more particularly afterthe insertion of Section 18G in the aforesaid Act in the year 1953. They have also challenged the Bihar Molasses Control Rules 1955 framed under the Act, and the action taken by the Authorities of the State pursuant to the aforesaid Act and the Rules. The State Act has also been challenged on the ground of its being violative of Articles 14, 19(1)(g) and 301 to 304 of the Constitution of India. It is therefore, necessary to notice the factual background in which the legislative competence of the Bihar legislature has been challenged. 2. The Bihar Molasses ...
Tag this Judgment!State of Bihar and ors. Vs. Mahboob Alam
Court: Patna
Decided on: Feb-01-1995
Ashok Kumar Ganguly, J.1. All these Letters Patent Appeals have been filed challenging, inter alia, the judgment of a learned Single Judge dated 26.2.1993 passed in C.W.J.C. Nos. 2085 of 1990 and 3791 of 1990, Since they arise out of one and the same judgment and raise common questions, they have been heard together and are being disposed of by one judgment.2. The facts of the case are as follows:In terms of an advertisement made for appointment of constables in the district of Jehanabad, several persons including the writ petitioners applied and ultimately appeared before the selection committee. The selection committee held its proceedings between 17th October, 1989 and 19th October, 1989 and conducted various tests and verifications. Thereafter the selection committee prepared a panel of 105 persons who were declared fit for appointment, a copy of the selection list has been enclosed with the writ petitions. Out of the said list containing names of 105 persons, 87 persons were appo...
Tag this Judgment!Mohammad Khalid Vs. Nasima Khatoon
Court: Patna
Decided on: Feb-01-1995
A.N. Chaturvedi, J.1. This petition in revision is directed against the judgment dated 17th June, 1987 passed by die Judicial Magistrate, 1st Class, Barh in Case No. M. 41 of 1984, Trial No, 899/87 whereby the learned Magistrate has directed the petitioner to pay monthly maintenance allowance of Rs. 300 to die respondent and her minor daughter.2. It appears that the respondent was married to the petitioner according to the Muslim Personal Law and both the parties began to live as husband and wife. After some time, a daughter, namely, Sajida Khatoon was born. On 24-6-1984, the petitioner is alleged to have divorced the respondent at his residential house and thereafter the respondent left the house of the petitioner with her baby (daughter) and began to live with her mother. Thereafter on 12-11-1984, the respondent filed a petition under Section 125 of the Code of Criminal Procedure claiming the maintenance of Rs. 500 per month for herself and Rs. 200 as maintenance for her minor daugh...
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