Patna Court March 1999 Judgments
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Bokaro Steel Plant of Steel Authority of India Ltd. Vs. Presiding Offi ...
Court: Patna
Decided on: Mar-23-1999
Nagendra Rai, J.1. The management-petitioner has filed the present application for quashing the award rendered by the Labour Court, Bokaro Steel City (respondent No. 1) in Reference Case No. 32/1994 directing the petitioner to consider the case of M.K. Choudhary, Teacher Staff, represented by Bokaro Ispat Kamgar Union, B.S. City (hereinafter referred to as the Union), favourably designating him as Volley Ball Coach or promoting him to Identical Executive Cadre Post w.e.f. July 31, 1992 when Jaideep Sarkar was made Volley Ball Coach and pay him difference of wages with other consequential benefits within three months from the date of announcing the award. A copy of the said award has been annexed as Annexure-21 to the writ application.2. The Government of Bihar vide notification dated February 28, 1994 referred the following Industrial Dispute between the petitioner management and the Workmen Union for adjudication:'Whether not to give the designation of Volley Ball Coach to M.K. Choud...
Dr. Atar Singh Yadav Vs. the Chancellor (Governor), Bihar Universities ...
Court: Patna
Decided on: Mar-23-1999
Shiva Kirti Singh, J.1. Heard Counsel for the parties.2. The petitioner, though this writ application, has claimed for grant of differential amount of gratuity on the basis of 35 years of service in terms of Article 5(ii) of the Statute for the grant of retirement benefits to the university employees dated 25.11.1982 which are in force from 14.11.1980.3 The short facts of the case are that the petitioner was earlier in Bihar Education Service where he admittedly joined the services on 19.11.1949. Subsequently, he has joined Magadh University as a University Professor in the Department of Botany with effect from 6.11.1969 and retired from the said post under Magadh University on 31.3.1984. During the aforesaid 14 years 2 months of service under Magadh University the petitioner had also proceeded to foreign service on two occasions once as Pro-Vice-Chancellor in the Patna University for about 2 years and 3 months during 1975 and 1977 and on another occasion as Vice Chancellor of Agricul...
Central Coalfields Limited and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-22-1999
R.A. Sharma, J.1. By these writ petitions, the petitioners have challenged the validity of the Bihar Coal Mining Area Development Authority (Amendment) Act, 1992 (hereinafter referred to as the Amendment Act) and the rules framed thereunder, namely, the Bihar Mineral Area Development Authority (Land Use Tax) Rules, 1994 (hereinafter referred to as the Rules). The prayer seeking appropriate writ and/or order declaring Section 89 of the Bihar Coal Mining Area Development Authority Act, 1986 (hereinafter referred to as the Act) as amended by the Amendment Act as ultra vires is also there. Consequential and incidential relief seeking quashing of the demand notice, assessment order and the notice requiring filing of returns has also been claimed.2. As the controversy involved in all these writ petitions is the same, it is not necessary to State the facts of each of these petitions excepting the writ petition, C.W.J.C. No 783 of 1994(R) (Central Coal Field Ltd. v. The State of Bihar and Or...
Haribansh Narayan Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-22-1999
A.K. Ganguly, J.1. This writ petition has been filed by the petitioner for quashing the advertisement published in the second week of June 1997, and also the selection procedure initiated thereunder, and also for issuance of mandamus and necessary direction commanding the respondents to appoint the petitioner to the post of Director of State Institute of Educational and Technical, Bihar, Patna (hereinafter referred to as the SIET).2. Before going into controversial facts, this Court notices certain facts which are not in dispute.3. Pursuant to the advertisement for selection and appointment to the post of Director, SIET, the petitioner applied, and the Selection Committee in the its meeting held on 21.5.1996 recommended the name of the petitioner for appointment to the post of Director, SIET as early as possible having regard to the urgent need for a full-time Director of SIET. The recommendation of the Selection Committee is annexed to the writ petition as Annexure-4.4. It appears th...
Ram Bhawan Rai and ors. Vs. State of Bihar
Court: Patna
Decided on: Mar-19-1999
B.P. Singh and Ashish N. Trivedi, JJ.1. This appeal by the appellants is directed against the judgment and order or the 2nd Additional Sessions Judge, Vaishali at Hajipur dated 27th/30th August, 1994 in Sessions Trial No. 69 of 1992 whereby the learned Additional Sessions Judge has convicted the appellants and sentenced them as stated hereinafter.Appellant No. 1, Ram Bhawan Rai, has been found guilty of the offence under Section 302 I.P.C. and has been sentenced to undergo rigorous imprisonment for life on that count. He has also been found guilty of the offences under Sections 147 and 379, I.P.C. and has been sentenced to undergo one year rigorous imprisonment on each count. The remaining appellants have been convicted under Sections 302/149, I.P.C. and each of them has been sentenced to undergo rigorous imprisonment for life Appellant No. 2, Ram Sarekh Rai, has been convicted under Section 379, I.P.C. and has been sentenced to undergo one year rigorous imprisonment. Ram Sarekh Rai a...
Gandhi Sharmik Swalambi Samittee Ltd. and anr. Vs. the State of Bihar ...
Court: Patna
Decided on: Mar-19-1999
N. Pandey, J.1. This writ petition has been filed for quashing the order of the Mines Commissioner, dated 6.2.1999 in Rev. Case No. 36 of 1999, as contained in Annexure-1, whereby and whereunder the order of the District Magistrate Panta, dated 4.2.1999, contained in Annexure-10 was set aside. A prayer has also been made to quash the order of the same authority, dated 10.2.1999, contained in Annexure-2, whereby the order issued in Memo No. III, dated 8.2.1999 by the Assistant Mining Officer, as contained in Annexure-13, was stayed holding that the District Magistrate had no jurisdiction to make a fresh settlement of the sand ghats in favour of the petitioner-Society with a direction that the authorities would ensure that no disturbance is created to the Bihar State Mineral Development Corporation (in short 'Corporation') which had taken settlement of the concerned ghats.2. Since what has happened in this case must open the eyes both of the Government as well as the people of large, th...
Kanhai Singh Vs. the State of Bihar
Court: Patna
Decided on: Mar-19-1999
1. Appellant, Kanhai Singh has been convicted under Section 302/34 IPC and sentenced to undergo imprisonment for life by the judgment and order dated 4th October, 1986 of the IVth Addl. District and Sessions Judge, Patna, in S.T. No. 336/81. Co-accused Ramayan Singh died during the pendency of the trial.2. The prosecution case, in brief, is that in his ferdbeyan (Ext. 3), which was recorded at 12.30 in the night on 21.5.79, at the place of occurrence at village Khaprail Chak, P.S. Phulwari Sharif, District Patna, the informant, Sampat Sao (P.W. 4) stated that at about 11 in the night on 20.5.79, while he was preparing to retire in bed, he heard gun-firing shot. He along with his nephew Gopal Sao (P.W. 1) came out of house. They heard the cry of Shiv Narain Sao (deceased), brother of the informant 'Dauro Ho, Kanhai Singh and Ramayan Singh are killing me.' They rushed towards east and saw in the electric light the accused persons running towards north. They indentified them. Accused Ram...
Branch Manager, National Insurance Co. Ltd. Vs. M/S. Biswas Medicines
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Mar-18-1999
A.N. Chaturvedi, President: 1. This appeal by opposite party is directed against an order dated 23.12.1994 passed by District Forum, Munger in Complaint Case No. 168 of 1994. By the impugned order the District Forum directed opposite party appellant (Branch Manager, National Insurance Company) to pay to the complainant (respondent) a sum of Rs. 6,000/- towards the loss of articles (medicine) removed from his shop and Rs. 10,000/- by way of compensation for the injuries caused to the employee in the shop of the complainant. The District Forum has further directed for payment of Rs. 500/- as cost. 2. The complainant filed a complaint petition before the District Forum, Munger, in a printed form claiming Rs. 24,163.02 paise as value of goods lost, Rs. 591.33 paise as mediclaim, Rs. 10,000/- as compensation besides cost. What was his case is not clear from the complaint petition in printed form. There is no statement of facts with the complaint petition. There is copy of F.I.R. and some ot...
Ram Bilash Singh and anr. Vs. State of Bihar
Court: Patna
Decided on: Mar-17-1999
1. This appeal is directed against the judgment of conviction and order of sentence dated 6th September, 1986 by 3rd Additional Sessions Judge, Purnea in Sessions Trial No. 246 of 1984 by which both these appellants were convicted under Sections 302/34 of the Indian Penal Code and were sentenced to undergo imprisonment for life. One accused Pagla Singh alias Dularchand Singh was acquitted of all charges, giving him benefit of doubt and these two appellants, who were also charged for committing murder of Ram Saran Singh, were held not guilty by the trial Court and were acquitted of said charge by the same judgment.2. Shortly stated, the case of prosecution, as disclosed in the fardbeyan (Ext. 5) of P.W. 4, informant Darogi Singh, was that on 15-7-1983 about 4-00 p.m. when he was purchasing vegetables in Khabaspur Hat along with Prithvi Singh (since dead), he was informed by a woman that dead bodies of a male and a female were lying in the way and two children were there who were weepin...
Bihar Gases Ltd. Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Mar-15-1999
Aftab Alam, J. 1. This writ petition relates to the petitioner's claim for remission in terms of clause 13 of the High Tension Agreement and this is the second time that the matter has come to this Court. 2. The petitioner is a consumer of electricity under high tension agreement. It made claim for remission in maximum demand charges and the guaranteed energy charges for the years 1986-87 to 1992-93 in terms of Clause 13 of the agreement. The petitioner's claim for remission was earlier disposed of by the General Manager cum Chief Engineer by his order dated 19-4-1994. Aggrieved by that order the petitioner challenged it before this court in CWJC No. 5509/1994. 3. In the order dated 19-4-94 the General Manager found that the hours of non-supply of electricity for the period in question were as follows : Year As verified by the Board1986-86 559 hrs. 23 minutes1987-88 603 hrs. 33 minutes1988-89 441 hrs. 25 minutes1989-90 554 hrs. 00 minutes1990-91 2354 hrs. 56 minutes1991-92 2119 h...
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