Patna Court November 1998 Judgments
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Surendra Mishra Vs. State Bank of India and ors.
Court: Patna
Decided on: Nov-06-1998
Radha Mohan Prasad, J. 1. After the matter was fully heard in detail it was noticed by me from the order contained in Annexure 1 that earlier Mr. Basudeo Prasad, learned senior counsel had appeared on behalf of the Bank in the connected matter. Normally I do not hear matters in which Mr. Prasad is associated. Accordingly, I expressed my inability to hear this matter to the learned Counsel for the parties. However, Dr. Jha, learned senior counsel appearing for the petitioner and Mr. Sinha senior counsel appearing for the Bank submitted that they have absolutely no objection if the matter is heard by this Bench and decided on merits. Under such circumstances, on their persuation this matter has been heard by this Court on merits. 2. In this writ petition the grievance of the petitioner, who is an employee in the subordinate cadre of the State Bank of India, is that he has been denied of the other benefits resulting from his confirmation in service with effect from February 13, 1970 as ...
Surendra Tiwary Vs. Raj Kumari Devi and ors.
Court: Patna
Decided on: Nov-05-1998
M.Y. Eqbal, J.1. This Miscellaneous appeal is directed against the judgment and order dated 12.7.1991 passed by the Subordinate Judge I, Barh, in Succession Case No. 13 of 1988, whereby the Court below after rejecting the objection filed by the objector-appellant al lowed the application filed by the petitioner-Respondent 1st set under Section 372 of the Indian Succession Act, 1925.2. The facts of the case lies in a narrow compass. The applicant Respondent No. 1 Raj Kumari Devi filed an application under Section 372 of the Indian Succession Act, 1925 for the grant of a succession certificate in respect of the assets of the deceased Panna Devi fully described in the Schedule of the application. The details of the movable properties left by the deceased are cash deposits in the Punjab National Bank and State Bank of India, post offices and deposits under Group Insurance Scheme and the amount of gratuity. Respondent No. 1, and Respondent No. 6 are the own nieces of the deceased Panna Dev...
Umesh Rai Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Nov-03-1998
R.M. Prasad, J.1. In this Writ petition, prayer on behalf of the petitioner is to direct the Respondents to pay the salary, D.A., Bonus and other-admissible dues with yearly increment for the period 28.8.1992 to 14.10.1995, during which the petitioner was kept under illegal dismissal and to promote him with effect from the date his juniors were promoted in the year 1994, and pay the consequential benefits/salary. It appears that the departmental proceeding was initiated against the petitioner and in the said proceeding he was finally dismissed from service, the validity of which he challenged in C.W.J.C. No. 13183 of 1992. The said writ petition was finally heard and allowed vide judgment and order dated 17th July, 1995, contained in Annexure-1, and the impugned orders passed by the disciplinary authority, appellate authority and the revisional authority affirming that order of dismissal were quashed. Pursuant to the said judgment, the petitioner approached the Commandant, Group Headq...
Dr. J.P. Gupta Vs. Sri Sunil Kumar
Court: Patna
Decided on: Nov-03-1998
M.Y. Eqbal, J.1. This Revision application at the instance of the Judgment Debtor-petitioner has been filed against the order dated 16.5.1998 passed by the Munsif, Danapur, in Execution Case No. 8 of 1997, whereby he has held that the said execution case is maintainable and the compromise decree is executable.2. The facts of the case lie in a very narrow compass. The decree-holder-Opp. party filed Title suit No. 166 of 1981 in the Court of Munsif, Danapur, for a decree of eviction against the petitioner from the house property on the ground of default in payment of rent and bona fide personal necessity. The said suit was ended in compromise and a compromise decree was passed on 28.8.1985. In terms of the compromise decree the petitioner was allowed to continue possession of the suit premises for a period of ten years on execution of registered deed of lease. In terms of the compromise the registered deed of lease was executed by and between the parties. After expiry of the period of l...
Classic Automobiles Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-03-1998
R.A. Sharma, J. 1. The petitioner, during the years 1996-97 and 1997-98, imported cars and other goods from D.C.M. Daewoo Motors Ltd. into the local areas (Dhanbad Municipality) from outside the State of Bihar for sale without paying entry tax. In order to recover the said tax dues amounting to Rs. 4,74,323.67 (rupees four lacs seventy-four thousand three hundred twenty-three and sixty-seven paise) and Rs. 1,30,169.40 (rupees one lac thirty thousand one hundred sixty-nine and forty paise) for the assessment years 1996-97 and 1997-98 respectively, two identical orders dated March 25, 1998 have been issued under Section 27 of the Bihar Finance Act, 1981 (hereinafter referred to as 'the Finance Act') by the Assistant Commissioner of Commercial Taxes, Dhanbad, attaching the bank accounts of the petitioner in the Oriental Bank of Commerce, Dhanbad (hereinafter referred to as 'the Bank') and directing the bank to pay the amount mentioned in the said orders out of the attached bank account...
Ramashish Rai Vs. Baijnath Mishra and anr.
Court: Patna
Decided on: Nov-03-1998
M.Y. Eqbal, J.1. This civil revision application is directed against the order dated 28.9.1996 passed by 3rd Additional District Judge, Saran in Miscellaneous Appeal No. 108/94 whereby he set aside the order dated 6.10.94 passed by Munsif. III. Chapra in Title Suit No. 76/94 by which defendant opposite party was restrained from alienating the suit land till further order is passed in suit.2. The plaintiff petitioner filed the aforementioned suit against the defendant opposite party for a decree of Specific Performance of Contract and also for confirmation of possession with respect to the suit lands measuring an area of 8 katha, 1 dhur towards north of plot No. 1615 appertaining to khata No. 182 situated in Mauza Hakma, District Saran. The plaintiffs case, in brief, is that he purchased a portion of plot No. 1615 towards eastern side and constructed his residential house. On 20.12.93 uncle of defendant No. 1 agreed to sell his share towards southern side of the said plot to the plaint...
Bindeshwar Roy Vs. the State of Bihar and anr.
Court: Patna
Decided on: Nov-03-1998
S.N. Jha, J.1. The Sessions Judge has set aside the order of the Magistrate taking cognizance of the offences under Sections 420 and 468 of the Indian Penal Code against opposite party No. 2. The complainant-petitioner has come to this Court in revision.2. The Sessions Judge has taken the view that since the complaint relates to filing of a forged document punishable under Section 468 of the Indian Penal Code, an offence described in Section 195(1)(b)(ii) Cr.P.C. in view of the provisions of Section 195, private complaint was not maintainable. He has also observed that the document on the basis of which the complainant claims his right and interest has not been brought on record. None of the two grounds is tenable.3. Mr. S.K. Katriar, learned Counsel for opposite party No. 2 in support of the proposition that private complaint was not maintainable placed reliance on Gopalkrishna Menon v. D. Raja Reddy : [1983]3SCR836 . Mr. Gupta learned Counsel for the petitioner submitted that the sa...
Badri Narayan Saha and anr. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Nov-02-1998
R.A. Sharma, J. 1. The petitioners have filed this writ petition challenging the order dated May 29, 1990, passed by the Government of Bihar under Section 10 of the Industrial Disputes Act (hereinafter referred to as the Act) referring the dispute regarding the lock-out declared by them in their industry. The impugned order also contains direction under Sub-section (3) of Section 10 requiring the parties to stop strike/lock-out. There is also a challenge to the validity of Section 10(3) of the Act. On September 20, 1990, when this writ petition was heard for admission, the learned counsel for the petitioners made a statement confining this writ petition to that part of the impugned order by which direction has been issued under Section 10(3) of the Act. As this writ petition was filed in 1990, we enquired from learned counsel about the present state of affairs as regards the dispute which was referred to the Labour Court. The learned counsel stated that in view of the pendency of thi...
Chotan Nonia and ors. Vs. the State of Bihar
Court: Patna
Decided on: Nov-02-1998
1. All the five appellants in this appeal are own brothers and they are residents of village Najardih Tole Balchand Bigha, P.S. Nawadah in the district of Nawadah. Informant Tori Nonia along with his wife and grand son lived in the same Tole of the same village. In the night between 16-17th April, 1985 Tori Nonia was sleeping on Osara of his house while his wife Kunti and grand son Radhe Shyam were sleeping in the room adjacent to Osara. His son was employed somewhere in Dhanbad on the relevant date. His son used to send money to his father from time to time.2. In the night at about 1.00 a.m. Tori Nonia noticed two persons entering his house through the window of mud wall of his house. Both the miscreants reached where Tori Nonia was sleeping and started pressing his neck to which Tori Nonia protested, whereupon miscreants caused injuries on his neck hand etc. He raised alarm whereupon his wife Kunti Devi and grand son Radhe Shyam, who were sleeping inside the room woke up. Kunti Devi...
Life Insurance Corporation of India and ors. Vs. Shri Deepak Kumar Sin ...
Court: Patna
Decided on: Nov-02-1998
R.A. Sharma, J.1. Shri Deepak Kumar Singh, the sole respondent in this appeal was appointed as a Development Officer by the Life Insurance Corporation of India (hereinafter referred to as the Corporation) on probation for a period of one year from 11.8.1994 to 10.8.1995. His probation was extended for another one year from 11.8.1995 to 10.8.1996. Before the expiry of the extended period of probation his services was terminated vide letter dated 7.8.1996. Being aggrieved thereby he filed C.W.J.C. No. 3986 of 1996 (R) before this Court, which was allowed and the impugned order was quashed by the learned Single Judge vide judgment dated 28.8.1997. Being dissatisfied with the judgment of the learned Judge the Corporation has filed this appeal under Clause 10 of the Letters Patent.2. We have heard learned Counsel for the parties.3. The respondent was appointed on probation with a condition of achievement of work target fixed by the Corporation. The letter of appointment (Annexure-1 to the ...
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