Patna Court July 1998 Judgments
Bihar Rajya Beyawhar Nyayalaya Lipik Umidwar Sangh Through Its Secreta ...
Court: Patna
Decided on: Jul-09-1998
Nagendra Rai, J.1. The petitioners have filed the present writ application for a direction to the Convenor (District Judge. Patna) of the Coordination Committee constituted under Rule 11 of the Bihar Civil Courts Staff (Class III and Class IV) Rules, 1992(hereinafter referred to as the Rule) as well as the Chairman of each Zonal Selection Committee who are members of the said selection committee for publication of merit list/panel of successful candidates prepared for appointment to the post of Class III employees in the different judgeships of the State of Bihar and for a further direction to the respondents to fill up the existing as well as the future vacancies from the said panel/list.2. The High Court of Judicature at Patna has framed the Rules in exercise of power under Section 235 of the Constitution of India. Rules 8 to 24 contain a provision of recruitment of Class III staff. Rule 25 provides that the High Court may direct that a different procedure for appointment as provide...
Tag this Judgment!Latif Mian ors. Vs. the State of Bihar ors.
Court: Patna
Decided on: Jul-08-1998
1. This appeal has been preferred by the appellants against the judgment and order of the learned Single Judge of this Court dated 13.1.1989 passed in C.W.J.C. No. 2612/82.2. It was reported to this Court that appellant No. l. Latif. Mian, is dead By order dated 5.1.1998 we had granted time to the counsel for the appellants to file a substitution petition but the same has not been filed In this view of the matter the appeal of appellant No. l, Latif Mian, abates.3. The facts of the case are that the appellants herein were granted Parchas under the Bihar Privileged Persons Homestead Tenancy Act, 1947 (in short 'the Act') by the Anchal Adhikari. Appellant No. 1was granted Parcha in respect of 9 decimals of land appertaining to Kheshra No. 20 in Case No. 531 of 1969-70. Similarly appellant No. 2 was granted a Parcha in respect of 10 decimals of land appertaining to Kheshra No. 18 in Case No. 530 of 1969-70. Appellant No. 3 was similarly granted a Parcha in respect of 5 decimals of land a...
Tag this Judgment!Pushpa Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-06-1998
1. Heard the learned Counsel for the appellant and the J.C. to the Government Pleader No. II for the respondents.2.The petitioner-appellant filed C.W.J.C. No. 1268 of 1972(R) seeking appropriate writ directing the respondent to appoint her in one of the posts of Sanskrit Teachers in Primary School in the district of Dhanbad. Incidental and consequential reliefs in connection therewith have also been claimed. The said writ petition having been dismissed, the appellant has filed this appeal.3.In this State, district-wise panels for appointment of assistant teachers in primary schools on the basis of residence of the candidates in the particular district were prepared. A Division Bench of this Court in Anil Kumar v. State of Bihar and Ors. 1987 PLJR 846, has declared such panels to be ultra vires being unconstitutional. But the appointments already made were not disturbed by this Court. Following the said decision of this Court, the Government of Bihar issued an order dated 2.7.1989 proh...
Tag this Judgment!Bihar State Electricity Board (Vigilance Wing) Vs. Asit Sarkar and ors ...
Court: Patna
Decided on: Jul-06-1998
R.A. Sharma, J.1. The petitioner has filed this revision challenging the order dated 3.3.1998, passed by the learned Special Judge (Vigilance), Ranchi, discharging the accused opposite party No. 1 Asit Sarkar.2. Vide order dated 5.5.1998, which is reproduced below, this Court had directed for issue of notice to opposite party No. 1 by registered as well as ordinary process : -- Issue notice to opposite party No. 1 as to why this revision application be not admitted and if possible, disposed of at the admission stage itself for which requisite etc. by registered cover as also ordinary process must be filed by Monday next, failing which this application shall stand rejected without further reference to a Bench.It has been stated that the notice pursuant to the above order has been served on opposite party No. 1 but none has appeared on his behalf.3. In view of the terms of the order dated 5.5.1998 this revision is, therefore, liable to be decided at the admission stage.4. I have heard t...
Tag this Judgment!Santosh Kumar Singh and ors. Vs. Bharat Coking Coal Ltd. and ors.
Court: Patna
Decided on: Jul-03-1998
R.A. Sharma and A.K. Prasad, JJ.1. The learned Counsel for the petitioners and the respondents have stated that the controversy involved in these writ petitions is one and the same. They have, therefore, been heard together and are being disposed of by this common judgment.2. The petitioners have filed these writ petitions seeking appropriate writ directing the respondents herein to rescind, recall and/or cancel the service charges imposed and realised in respect of sale and delivery of coal from the colliery pit heads and to declare that the realisation of service charge is illegal and without jurisdiction. Prayer for refund of all service charges recovered from the petitioners in respect of sale and delivery of coal from the colliery pitheads has also been made.3. For sale of coal by the collieries the appropriate authority has fixed the price of coal under the Colliery Control Order. The petitioners purchased the coal from the respondents' colliery. Their grievance is that the serv...
Tag this Judgment!Tata Engineering and Locomotive Company Ltd. and Etc. Vs. State of Bih ...
Court: Patna
Decided on: Jul-03-1998
B.P. Singh, J. 1. In this hutch of writ petitions, the legal issues being common, the writ petitions have been heard together and are being disposed of by this common judgement. The writ petitioners have challenged the constitutional validity of the Bihar Motor Vehicles Taxation Act, 1994. particularly Section 6 thereof whereundcr a tax at an annual rate has been levied on a manufacturer or a dealer in motor vehicles in respect of the motor vehicles in his possession, in the course of his business as such manufacturer or dealer under the authorisation of trade certificate granted under the Central Motor Vehicles Rules, 1989. The said Act shall he hereinafter referred to as 'the impugned Taxation Act.' The petitioners have also challenged the demands made under Section 6 of the impugned Taxation Act. The petitioner in CWJC No. 3788 of 1995 (R) is M/s. Tata Engineering and Locomotive Company, Ltd. a Company registered under the Indian Companies Act. The aforesaid Company claims to carry...
Tag this Judgment!Sintra Limited and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-03-1998
N. Pandey, J.1. By means of these petitions under Section 482 of the Code of Criminal Procedure, petitioners have challenged the validity of the impugned orders, taking cognizance under Sections 23 and 24 of the Contract Labour (Regulation and Abolition) Act, 1970 (in short 'the Act) and processes against them to face trial.2. Cr. Misc. No. 13829 of 1995 and 7734 of 1989 are on behalf of petitioner Sintra Limited, a company incorporated under the Indian Companies Act, 1956 and the President and Manager of the said Company, whereas Cr. Misc. Nos. 16033 of 1995 and 7248 of 1989 are on behalf of the subcontractors of M/s. Sintra Limited.3. The common case of the parties is that the contractors M/s. Sintra Ltd. and its sub-contractors are licensees under Section 12(1) of the Act, duly granted by the State Government. This is also not in dispute that petitioner Sintra Ltd. is engaged in carrying contract work of transportation and acting as handling agent for transhipment of coal, gypsum, ...
Tag this Judgment!Avinash Sood and ors. Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Jul-02-1998
1. Through this Review Application the applicants seek review of judgment dated 23.8.94, copy of which is Annexure P-1, in OA 180/CH/88, passed by this Tribunal. The applicants were appointed as Inspectors, Central Excise and Customs in 1972 and 1973 against direct quota. They plead that the appointment to the posts of Inspectors was, under the rules, 50% by promotion of Sub Inspectors, 25% by promotion from UDCs and other ministerial cadre and 25% by direct recruitment in the ratio of 2:1:1. In the year 1966, the Govt. appointed a Committee to consider the question of upgradation of the posts of Sub Inspectors as representations to that effect had been received, when a decision was taken to abolish the post of Sub Inspector and gave them options to join the post of LDCs etc. On the basis of the report of a Committee appointed to consider this, upgradation of all the posts of Sub Inspectors to the posts of Inspectors was decided throughout the country in different Collectorates under ...
Tag this Judgment!Husna Ara Begum ors. Vs. Kishori Devi ors.
Court: Patna
Decided on: Jul-02-1998
1. This Letters Patent Appeal is directed against the judgment and order of a learned Judge of this Court dated 29th January, 1991 in Appeal from Original Decree No. 532 of 1978 whereby the learned Judge dismissed the appeal preferred by the appellants herein. Respondent No.1 is the plaintiff who filed a suit for specific performance of an agreement, Ext-3 dated 8.11.1968 executed by defendant No. 1 in the presence of defendant No. 2. The legal representatives of defendant No. 2 are the appellants in this appeal while respondents 2 to 5 are the legal representatives of defendant No. 1.2. The case of the plaintiff was that defendant No. 1 was in need of money and therefore, In the presence of defendant No. 2, he agreed to sell the property described in Schedule I of the plaint comprising 16 hours of land containing a shop facing west and a Khandi adjacent to the shop situated within the town of Siwan for a sum of Rs. 15,000/- out of which a sum of Rs. 6000/- was paid in advance and agr...
Tag this Judgment!Kaushar Imam Hashmi and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-02-1998
M.Y. Eqbal, J.1. In this application filed under Section 482 of the Code of Criminal Procedure the petitioners have prayed for quashing the order dated 7.9.1996 passed in Bishanpur P.S. Case No. 58/94 whereby the learned Additional Chief Judicial Magistrate, Darbhanga took cognizance under Sections 147, 149, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act and issued summons against the petitioners and further transferred the case to the Court of Judicial Magistrate, 1st Class for commitment of the case.2. The aforesaid criminal case was registered on the basis of a first information report lodged by one Ram Pukar Choudhary alleging inter alia that on the relevant date he along with Sanjeet Kumar Choudhary and other persons went to Gumsar Pokhar to enable their cattle to drink water and for grazing. While they were returning from the said pond they arrived near southern-eastern Bhinda of the pond and in the meantime saw 20-30 persons belonging to minority community ...
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