Patna Court March 1995 Judgments

Ram Sagar Sinha Vs. State of Bihar and ors.

Court: Patna

Naresh Kumar Sinha, J.1. In this application under Articles 226 and 227 of the Constitution of India the petitioner prays for quashing the order dated 16.3.85 (Annexure-1) passed by respondent No. 2 and for a direction to pay the full salary to the petitioner after deducting the suspension allowance paid to him.2. The petitioner is a retired Headmaster of High School, Mahendrapur in the district of Begusarai. He was suspended with effect from 3.11.73 as he opposed the Secretary of the School in his attempt to embezzle the school amount. The petitioner filed a Title Suit against the order of suspension in which an interim injunction was first granted but was subsequently vacated. He also filed an application before the District Control Committee through the District Education Officer challenging the order of suspension. The Managing Committee of the school without notice to the petitioner and without holding any enquiry and hearing the petitioner discharged him on 29.8.74. Since the po...

Akhilanand Pandey and ors. Vs. Ranchi University and ors.

Court: Patna

Gurusharan Sharma, J.1. There are fifteen petitioners in this writ application. All of them claim to have been appointed as Lecturers in different subjects by the Governing Body of Sri Sadguru Jagjit Singh Namdhari College, Garhwa (hereinafter to be referred to as 'the College') in the manner indicated hereinbelow : ______________________________________________________________________ SI. Nos. Name of the petitioners Subjects Date of appoint- ment/joining. ________________________________________________________________________ 1. Akhilanand Pandey History 17.1.1981 (2nd Post) 2. Dr. Subaran Mahto Hindi 28.7.1981 (2nd Post) 3. Ghanshyam Pandey Hindi 27.6.1983 (3rd Post) 4. Ram Badan Mahto Philosophy 03.1.1983 (2nd Post) 5. Binod Kumar Geography 26.1.1984 (2nd Post) 6. BibhaKumari Philosophy 16.7.1984 (3rd Post) 7. Dr. Anil Kumar Verma History 17.12.1984 (3rd Post) 8. Mahendranath Tiwari Political Science 01.9.1984 (3rd Post) 9. Dilip Kumar Political Science 02.2.1986 (4th Post) 10. S...

In Re: Late Rajo Singh Ramautar Singh Alias Ganesh Shankar

Court: Patna

Sachchidanand Jha, J. 1. This order will dispose of the caveat filed by Smt. Manorama Devi objecting to grant of probate of the Will of late Rajo Singh. The applicant has challenged the locus standi of the caveator. The relevantfacts are as follows: Rajo Singh died issueless leaving behind a widow Smt. Gaytri Devi on June 5, 1974. Ramautar Singh alias Ganesh Shanker who claims to be his nephew filed the application for grant of probate of the Will said to have been executed by Rajo Singh on May 19, 1972. Notice of the application was issued to Gaytri Devi. A general citation was also published in the newspaper. On April 9, 1991 Gayatri Devi appeared and filed two petitions, one for transfer of the case to the District Judge, Gaya and the other, to dismiss the application for probate. By orders passed on December 13, 1991 and March 27, 1992 respectively, the petitions were rejected with an observation that she may file caveat in accordance with law. It may be stated here that the said...

Tata Iron and Steel Co. Ltd. Vs. State of Bihar and ors.

Court: Patna

R.N. Sahay, J.1.The constitutional questions in dispute in these group of writ applications under Articles 226 and 227 of the Constitution of India necessitate a consideration:(1) Whether Section 89(1) of the Bihar Coal Mining Area Development Authority Act, 1986 (Bihar Act 9 of 1986) (hereinafter to be referred to as the 'Bihar Act' wherein 'cess' is levied on annual despatches of coal and coke, is null and void being ultravires the Bihar Legislature since by virtue of Mines & Minerals (Regulation & Development) Act, 1957 (Central Act 67 of 1957), the Union has assumed complete control over regulation of mines and minerals leaving no space for the State Legislature to legislate on the said subject.(2) Whether Section 90(4) of the Act wherein water charges are realised from colliery owners for supply of water at the rate to be determined by the State Government, is void since it suffers from vice of unconstitutional delegation of legislative power.2. The assessee-petitioners have appl...

Arbind Kumar Singh @ Arvind Singh and ors. Vs. State of Biahr

Court: Patna

R.N. Prasad and Loknath Prasad, JJ.1. All the four appeals have been filed against the judgment and order dated 16.9.1991 passed by IIth Additional Sessions Judge, Patna in Sessions Trial No. 158 of 1989/Tr. No. 11 of 1989. They have been heard together and are being disposed of by this common judgment.2. The appellants in all the appeals, except Cr. Appeal No. 439 of 1991, have been convicted for the offence under Section 302/149 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life. Appellant, Ajay Singh, in Cr. Appeal No. 439 of 1991 has been convicted for the offence under Section 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life. The appellants in all the four appeals have further been convicted for the offence under Section 147 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one year, Ajay Singh in Cr. Appeal No. 439 of 1991 and Vijay Singh in Cr. Appeal No. 441...

Kaushlendra Kumar Vs. Life Insurance Corporation

Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna

B.N. Sinha, President: 1. This case has been filed for a direction to the opposite party to pay to the complainant the amount under Insurance Policy No. 510004177 dated 13.8.88 taken by his father late Somari Mahto with 22% interest thereon from the date of the death of the insured. 2. The facts of the case as disclosed in the complaint petition may be briefly noticed. Somari Mahto who was father of the complainant had Insurance Policy bearing No. 510004177 dated 13.8.88 in his name from the opposite party-Life Insurance Corporation of India hereinafter referred to as the L.I.C.) opposite party No. 1 for a sum of Rs. 1,00,000/-. The complainant was the nominee of the life insured under this policy and the period of policy commenced on 28.5.88. The insured Somari Mahto died on 22.11.90 and the complainant informed about the death of his father to the L.I.C. in the month of January, 1991. As desired by the LIC the complainant in February, 1990 also filed duly filled up claim form furnish...

Divisional Engineer Telegraphs Vs. Sunil Kumar Sinha

Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna

Mrs. Kalpana Ashok, Member: 1. This Appeal is directed against the order of the District Forum, Gaya in Complaint Case No. 94 of 92 by which order the District Forum has allowed a compensation of Rs. 200/- to the respondent (complainant before them) as also proportionate deduction in rent on account of the telephone being non-functional between 4.8.92 and 19.8.92. 2. The facts of the case in brief are that the complainant-respondent Shri Sunil Kumar Sinha, Advocate complained to the District Forum that his telephone No. 21646 was non-functional for over one fortnight since 4.8.92. He, therefore, sought a direction that the defects of telephone No. 21646 be removed and he be awarded a compensation of Rs. 15,000/- as he is a busy lawyer. 3. In his written statement filed by the opposite party (appellant) it was contended that the telephone No. 21646 of the complainant was out of order between 4.8.92 and 19.8.92 on account of underground cable fault which could be detected after vigorous ...

Pyrites, Phosphates and Chemicals Ltd. Vs. the Bihar Electricity, Boar ...

Court: Patna

S.K. Chattopadhyaya, J.1. The point for consideration in this writ application is as to whether the petitioner is entitled for remission in annual minimum guarantee charges and maximum demand charges preferred by the petitioner.2. The fact of the case lies in a narrow compass. The petitioner-company entered into an agreement with the Bihar State Electricity Board (hereinafter referred to as the Board) for supply of High Tension electrical energy at 33 KVA supply. Originally the agreement was for a contract demand of 4000 KVA but subsequently the contract demand was revised at the request of the petitioner and fresh agreements were entered into. The said agreement was for:From 15.10.1988 to 28.2.1988-4000 KVA.From 1.3.1989 to 26.2.1992-9000 KVA.From 1.3.1992 to till date-7000 KVA.3. Bills were raised by the Board lor shortfall in annual minimum guarantee charges (in short AMG charges) for the period 1988 to 1992 based on uninterrupted supply of electricity by the Board for 24 hours eac...

Smt. Sudha Devi and anr. Vs. Smt. Shanti Devi

Court: Patna

B.L. Yadav, J.1. This is a defendant's Second Appeal preferred under Section 100 of the Civil Procedure Code, 1908 (hereinafter to be called as 'The Code' for short) against the decree dated 24.5.1993 passed by Shri Bhukhal Prasad, 7th Additional District Judge, Patna in the Title Appeal No. 4 of 1991, affirming the judgment and decree dated 13.12.1990 passed by Sri Indu Bhushan Dwivedi, Munsif, Patna City in Title Eviction Suit No. 42 of 1985. The suit was filed by the plaintiff-respondent for eviction of the defendant-appellants from the suit premises bearing Holding No. 222 consisting of six rooms on the ground floor and one room at the first floor with court-yard, stair-case, two latrines, bath room situate at Mohalla Bari Patandevi within Alamganj Police Station in the District of Patna.2. The averments in the plaint were that the plaintiff was the owner and in possession of the pucca house situate at Bari Patandevi Colony bearing Holding No. 222/A/20 and Ganga Bridge Colony unde...

Pyrites, Phosphates and Chemicals Ltd. Vs. Bihar Electricity Board and ...

Court: Patna

Reported in: 1995(2)BLJR1285

1. The point for consideration in this writ application is as to whether the petitioner is entitled for remission in annual minimum guarantee charges and maximum demand charges preferred by the petitioner.2. The fact of the case lies in a narrow compass. The petitioner-company entered into an agreement with the Bihar State Electricity Board (hereinafter referred to as the Board) for supply of High Tension electrical energy at 33 KVA supply. Originally the agreement was for a contract demand of 4000 KVA but subsequently the contract demand was revised at the request of the petitioner and fresh agreements were entered into. The said agreement was for:From 15.10.1988 to 28.2.1988-4000 KVA.From 1.3.1989 to 26.2.1992-9000 KVA.From 1.3.1992 to till date-7000 KVA.3. Bills were raised by the Board lor shortfall in annual minimum guarantee charges (in short AMG charges) for the period 1988 to 1992 based on uninterrupted supply of electricity by the Board for 24 hours each day and for 365 days i...