Patna Court May 1997 Judgments
Management of West Bokaro Colliery of Tisco Ltd. Vs. Presiding Officer ...
Court: Patna
Decided on: May-02-1997
M.Y. Eqbal, J. 1. In this writ petition, the petitioner, namely Management or West Bokaro Colliery of M/s. Tata Iron and Steel Co. Ltd., challenged the Award of the Presiding Officer, Central Government, Industrial Tribunal, Dhanbad, in Reference Case No. 191 of 1990. By the aforesaid Award the Tribunal directed the Management to reinstate the workman retrospectively with effect from the date of his dismissal and also for payment of 50% of his back wages including allied benefits from the date of his dismissal till the date he is reinstated in accordance with the Award.2. The facts of the case which gave rise to the instant case are as follows:In the month of February, 1986, respondent No. 2, workman under the petitioner was charge-sheeted by levelling the following allegations: 'On December 20, 1985 at about 2.45 p.m. you along with about 50 Villagers of Duni armed with Tangi, Farsa, Arrows, Bows and other lethal weapons , attacked Sri Rameshwar Prasad Singh, Havildar with the above...
Tag this Judgment!Bimlesh Kumar Saraf and ors. Vs. Chetana Saraf and anr.
Court: Patna
Decided on: May-02-1997
Loknath Prasad, J.1. This revision application has been filed by the petitioner who were described as accused in complaint case No. 503/9S filed bv the opposite party No. 1 Smt. Chetna Saraf pending before the Chief judicial Magistrate, Dhanbad.2. For proper appreciation of this application, it can be said that the aforesaid complaint was filed by the complainant, Chetna who is admittedly the married wife of petitioner No. .1 Bimlesh Kumar Saraf and other petitioners are father, brother and the wife of the brother of the husband-accused. Allegations were levelled by the married wife as against her husband and in-laws that at the time of marriage demand was made by wav of dowry a Maruti car and Rs. 1 lakh in cash besides some ornaments to which the father of the complainant could not comply. However, on pursuasion of others, marriage was solemnised. After the marriage when the complainant was in here matrimonial house at Muzaffarpur, she was occasionally tortured and even assaulted and...
Tag this Judgment!Ashok Mohan Ghosh Vs. Bishnu Pada Chowdhary
Court: Patna
Decided on: May-01-1997
Prasun Kumar Deb, J.1. This revision petition has been preferred by the petitioner abovenamed under Section 14 (8) of the Bihar Buildings (Lease, Rent and Eviction) control Act, 1982 (the Act) against the judgment and decree dated 30.3.1996 passed by the Additional Munsif, 2nd court, Ranchi, in Eviction Suit No. 61/5 of 1990-94 whereby the learned court below has decreed the aforesaid suit and directed the defendant-petitioner to hand over the vacant possission of the suit premises within two months next from the date of judgment.2. The plaintiff-opposite party filed Eviction (Title) Suit No. 61/5 of 1990-94 in the court of Munsif, Ranchi, for decree of ejectment of the defendant-petitioner from the suit premises on the ground of personal necessity alone as contemplated under Section 11 (1) (c) of the Act.3. The factual position remains as stated by the plaintiff in the plaint that the suit premises in which the petitioner is living with the family which has been fully described in th...
Tag this Judgment!Central Coalfields Ltd. and anr. Vs. Uma Devi and ors.
Court: Patna
Decided on: May-01-1997
Prasun Kumar Deb, J.1. This appeal has been preferred against the judgment and award dated 27.10.1990 passed by the then Additional Claims Tribunal, Hazaribagh, in Suit No. 79 of 1986, whereby compensation to the tune of Rs. 1,00,000/- has been ordered to be paid by the appellant No. 1 with interest at the rate of 12 per cent per annum from the date of institution of the case till its realisation.2. The appellant No. 1 is a Government company and a mining lessee in the State of Bihar in respect of various mines in the district of Hzaribagh. The appellant No. 1 company has got Terex machine which is used within the mine area to carry the overburden and dump the overburden outside. The Laiyo Jharkhand Project from where the case has arisen has got four such Terex machines. A claim was lodged by the claimant Uma Devi, that one Baleswar Singh, the husband of claimant-respondent No. 1 and the father of the other claimants, while going to the Jharkhand Colliery on 17.1.1986 was dashed by on...
Tag this Judgment!Santosh Kumar Vs. State of Bihar
Court: Patna
Decided on: May-01-1997
P.K. Sarin, J.1. This criminal revision application is directed against the order dated 19.2.1991 passed by Special Judge (E.C. Act), Patna, in Special Case No. 14 of 1989 whereby he has taken cognizance of an offence under Section 7 of the Essential Commodities Act (hereinafter referred to as the Act) against the petitioner.2. It appears that a prosecution report was lodged by Inspector (Food) C.I.D., Patna, at the Gardanibagh Police Station Alleging that the petitioner lifted coal from collieries and instead of bringing coal at his place of business he diverted the same to U.P. and thereby be committed an offence punishable under Bihar Trade Articles (Licenses Unification) Order, 1984 (hereinafter referred to as the Order). The copy of the first information report has been filed as Annexure-1. It was stated in the said report that the petitioner has contravened the provisions of Clauses 10 and 16(1) of the Order and the terms of the licence. The Police, after investigation, submitte...
Tag this Judgment!Nand Kishore Nag Vs. State Bank of India and ors.
Court: Patna
Decided on: May-01-1997
M.Y. Eqbal, J.1. In this latters patent appeal filed under Clause 10 of the Latters Patent Appeal of the Patna High Court Rules the appellant has challenged the order dated 1.10.1996 passed by the learned single Judge in C.W.J.C. No. 2113 of 1996 (R). The appellant is aggrieved by only that part of the order by which the learned single Judge, while holding that in the event, the Government appeal is not disposed of within four months the respondents shall withdraw the suspension order and further ordered that the respondents-bank shall proceed as per Clause 521(2) (c) of the Sastry Award.2. The relevent facts which are necessary for the disposal of this appeal are as follows:On 12.5.1980 appellant petitioner was appointed as Clerk cum-cashier in the State Bank of India and as such in the year 1982 he was posted in the State Bank of India, Doranda Branch, Ranchi. On 28.4.1984 a First information Report was lodged under Sections 467, 468 and 420 of the Indian Penal Code regarding forger...
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