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Patna Court November 1998 Judgments

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Nov 02 1998

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

Court: Patna

Decided on: Nov-02-1998

R.A. Sharma, J.1. On March 14, 1991 in a fatal accident in Steel Melting Shop No. 3 of the factory belonging to the petitioners a worker Sagar Singh died. The Inspector of Factories (hereinafter referred to as the Inspector) on an enquiry found that the work in the factory was being done in an unsafe manner in contravention of the provisions of the Bihar Factories Rules. He prepared an enquiry report dated April 22, 1991 and sent it to the Managing Director and the General Manager of the petitioner-company (i.e. petitioner Nos. 2 and 3), who vide letter dated May 8, 1991 submitted their explanation and requested the Inspector for personal hearing if any further proceeding is to be taken in the matter. The Inspector vide his letter dated May 15, 1991 informed the petitioners that enquiry was held in presence of the petitioners' representative and no further opportunity of hearing is required in such matter. On the basis of the said report a complaint was filed against the petitioners ...


Nov 02 1998

Mustaqeem @ Md. Mustaqeem and ors. Vs. Akhilesh Kumar and ors.

Court: Patna

Decided on: Nov-02-1998

M.Y. Eqbal, J.1. This Civil revision application under Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, has been filed by the defendants-petitioners against the judgment and decree dated 21.12.1996 passed by the Munsif, Biharsharif, in Eviction Suit No. 13 of 1995, whereby he decreed the suit for eviction of the defendants from the suit premises.2. The plaintiffs-Opposite parties instituted the aforesaid suit for a decree of eviction on the ground of bona fide personal necessity. The plaintiffs' case, in short, is that plaintiff Nos. 1 and 2 Akhilesh Kumar and Lai Bahadur Shastri passed B.Sc. and B.A. Hons. examination in 1984 and 1994 respectively and plaintiff No. 3 Niraj Kumar passed the matriculation examination in 1988 but they are unemployed and they have been sitting idle. All the three brothers wanted to start their separate business under the guide of their father and their elder brother Chandra Shekhar Prasad. It is stated that the suit prem...


Nov 02 1998

Narendra Prasad Vs. the State of Bihar and ors.

Court: Patna

Decided on: Nov-02-1998

A.K. Prasad, J.1. By filing this writ petition, the petitioner has prayed for quashing the impugned orders of punishments imposed on him vide order dated 26.4.1990 by respondent No. 3 (Annexure 4) and which was modified by the appellate authority (respondent No. 2) vide Annexure 8, order dated 16.7.1991.2. The relevant facts for disposal of the application may be stated as follows:The petitioner was posted as Block Education Officer, Chas 2 at Dhanbad in 1975. He was put under suspension by respondent No. 3 vide order No. 751 dated 15.10.1986 (Annexure 1) on the allegations of corruption, bribery, and exploitation of teachers. A departmental proceeding was initiated against him. Memorandum in respect of 10 charges was served on him. He filed written statement in the proceeding and contested it. The Inquiry Officer (respondent No. 4) on the basis of the materials on record, found that the charge of getting his own service book reconstructed/substituted without sanction of the competent...


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