Patna Court September 1999 Judgments
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Bikaner-assam Road Lines India Ltd. Vs. Union of India (Uoi)
Court: Patna
Decided on: Sep-28-1999
Nagendra Rai, J.1. Three petitioners have filed the present application for quashing the seizure memo, dated 12-7-1999 (Annexure-7), issued by the Superintendent (Technical), Customs (P) Division Motihari, under the authority of the Assistant Commissioner of Customs (P) Division, Motihari, by which 220 bags of betel-nut (17,886 kgs. ) and one Tata truck bearing registration No. AS-01G-3945, were seized for violation of Government of India, Ministry of Finance, Notification No. 9/91, dated 22-1-1991, issued under Section 11 of the Customs Act, 1962, read with Section 3(1) of the Import & Export (Control) Act, 1947; for declaring the seizure of the aforesaid betel-nut and the vehicle as illegal and, thereafter, to release the aforesaid articles and the vehicle during the pendency of the writ application.2. The petitioner's case is that petitioner No. 1 is a Company incorporated under the Companies Act and engaged in transportation business having its Head Office at Bikaner in the State...
Management of Tata Iron and Steel Company Ltd. Vs. Presiding Officer, ...
Court: Patna
Decided on: Sep-27-1999
S.J. Mukhopadhaya, J. 1. A petition under Section 17B of the Industrial Disputes Act, 1947 (I.D. Act for short) has been filed on behalf of the General Secretary, Jamshedpur Contractors' Workers Union, Jamshedpur for payment of wages to the workmen pending proceeding of the present writ petition.2. Earlier similar application was filed before this Court which was taken up. The case was admitted on February 10, 1999 and early date of hearing was fixed February 26, 1999. In view of such order fixing date of hearing, the Court did not choose to pass any interim order at that stage.3. On February 26, 1999 when the case was taken up for hearing, as the Court was not in a position to dispose of the matter, adjourned the case for March 18, 1999. However, it was observed that if for one or other reason, the case was not being taken up for hearing, the Respondents may press the application under Section 17B of the Industrial Disputes Act. The parties were also given liberty to move Hon'ble C....
Jmd Alloys Ltd. Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Sep-27-1999
Aftab Alam, J. 1. The petitioner is a companyincorporated under the India Companies Act. It has a High Tension Industrial connection of electricity for running induction furnace (s) for manufacturing steel ingots. 2. The officials of the Bihar State Electricity Board ('the Board', hereinafter) inspected the petitioner's factory premise's on August 26 and 27, 1999 and following the inspections a F.I.R. was lodged in which it is alleged that the petitioner was engaged in theft of electricity. On the following day, being 28-8-1999 the electricity line of the petitioner was disconnected at about 4 P.M. and three days later it was given the bill, dated 31-8-1999 (Annexure 11) for a sum of Rs. 8,85,77,131.00. This bill is raised on the basis of the penal provisions as contained in Clause 169 of the Board's tariff pursuant to the charge of theft of electricity on the basis of the inspection report, seizure memo and some other materials as would be discussed in due time. The petitioner has f...
Bhattu Manjhi Vs. State of Bihar
Court: Patna
Decided on: Sep-24-1999
R.N. Sahay, J.1. These two appeals have arisen from Sessions Trial No. 244/1981 and 41/1988 disposed of by the 6th Additional Sessions Judge, Nalanda, Biharsharif by judgment and order dated 27th May, 1989 and all the three appellants have been convicted under Section 395 of the Indian Penal Code and sentenced to seven years' R.I. Bhattu Manjhi is the appellant in Cr. Appeal No. 220 of 2989 whereas Jethan Manjhi and Ramashish Ram @ Mater Khanna Kahar are the appellants in Cr. Appeal No. 223 of 1989.2. The case of the prosecution has been stated in paragraph No. 2 of the judgment of the trial Court as extracted below:The case of the prosecution as per the F.I.R. marked Ext. 2 is that Arjun Sao, P.W. 7 was sleeping in his grocery shop situated at village Bedauli, P.S. Asthawan, District Nalanda, to which he belongs in the night of 31-12-1980/1-1-1981. His house is situated at some distance from his grocery shop. In the mid-night of 31-12-1980/1-1-1981, he heard that cry of weeping from...
Bal Krishna Singh Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Sep-23-1999
1. This is an application under Section 19 of the administrative Tribunals Act, 1985, praying to quash the order dated, 21st January, 1994 [Annexure-1], of the respondent no. 3, whereby, the applicant, being Senior Audit Officer, was put under deemed suspension to remain in force until further order. This order was passed in terms of Sub-rule (2) of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. As against this order of suspension, the applicant had made an appeal before the departmental authority, who rejected the appeal for revocation of the suspension by an order dated, 1st May, 1995 (Annexure-2), and, therefore, there was a prayer to quash the order of the appellate authority as well. Be it also recorded that the applicant, during the continuation of the suspension order retired on superannuation from service on 31st July, 1997, i.e. during the pendency of this O.A.2. The basic allegation, leading to the order of suspension of the applicant...
Shri Chandra Shekhar Mandal Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Sep-23-1999
1. By this OA, the applicant is challenging the order of his dismissal from Railway service dated 12.6.1998 issued by the Ad-hoc Disciplinary Authority, And Deputy Principal, Primary School, Eastern Railway, Jamalpur (respondent No. 4).2. The last post held by the applicant before his dismissal was that of Technician Fitting II, Eastern Railway, Jamalpur Workshop. He was convicted along with another accused on 3.9.1996 in a criminal case filed against them in the Court of Sub-Divisional Judicial Magistrate, Munger under Section 304 (A) IPC, and they were sentenced to undergo two years or rigorous imprisonment and to pay a fine of Rs. 2500/- to the family of the person whose death was caused by their negligence.They filed an appeal to the Sessions Court, and the appeal was dismissed on 16.8.1997 by the 3rd Addl. Sessions Judge to whom it was assigned. They filed a Criminal Revision to the Patna High Court, and on 14.1.1998 the High Court granted bail to them on a bail bond of Rs. 5000/...
Ramesh Chandra Rajak Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Sep-23-1999
1. The applicant, who had already been selected and appointed as well to the post of Extra-Departmental Mail Carrier (for short, EDMC) to the Bowakalan EDBO in the district of Dhanbad by an order dated, 10th August, 1991 (Annexure-A/8) of the respondent No. 6, has impugned the order dated, 31st January, 1994 (Annexure-A/12), of the said respondent, whereby, his services have been terminated with immediate effect under Rule 6 of E.D. Agents (Conduct and Service) Rules.2. The termination order, as referred to above, has been passed for two reasons as contained in the notice dated, 17th December, 1993 (Annexure-A/10), issued by the respondent No. 6 to the applicant. This speaks that the employment notice dated, 10th July, 1991, issued by the Postal authorities at the initial stage, requesting the concerned Employment Exchange to sponsor name for selection to the post, was bad, inasmuch as, the educational qualification, mentioned in the notice, was VIIth standard with preference to matri...
Bibi Amrunnisan and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-23-1999
R.N. Sahay, J.1. Both the writ applications at the instance of purchasers from the land-holders involve a common question of law and are being disposed of by this common order.2. Admittedly the petitioners in each case had purchased land from the land-holders after 9-9-1970, Transfers were made by the land-holder in contravention of Section 5 (ii) of the Bihar Land Ceiling Act, 1961. It appears that the proceeding for determination of surplus land was initiated against the vendor of the petitioners without notice to the petitioners. It also appears that the land-holder did not disclose that he had transferred the land to any person. After conclusion of land ceiling proceeding, the Collector declared 47.50 acres land as surplus land of the land-holder and allowed him to retain 30 acres and odd. Gazette Notification under Section 15( 1) of the Act was published and the lands of the land-holders, namely, Chandra Madhav Prasad and Dina Nath Prasad were declared surplus.3. The petitioners...
Birju Paswan Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-23-1999
N. Pandey, J.1. In this petition under Article 226 of the Constitution, the petitioner has prayed for quashing the advertisement dated 3-4-1997, published in a daily newspaper 'Aaj' on behalf of the State Project Director, Bihar Education Project Council, inviting applications for appointment to the posts of Assistant Programme Officer, Resource Person and Assistant Resource Person on short-term contract/deputation basis and to command the respondents to apply the reservation policy of the State Government in favour of the candidates of Scheduled Castes, Scheduled Tribes and Backward Classes in terms of the Bihar Education of Vacancies in Post and Services (for S.C. S.T. and Other Backward Classes) Act, 1991, Bihar Act 3 of 1992, in short 'Reservation Act', against such vacancies. I have heard the learned Advocates appearing for the parties. Therefore, with their consent this application is being disposed of at this stage.2. Before coming to the rival contentions, it would be apt to ...
Pramod Jha and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-22-1999
B.P. Singh, J.1. The petitioners in these writ petitions are persons who were engaged to work on the project known as 'The Dakranala Pump Irrigation Project' which is an irrigation project of the Government of Bihar, designed to pump water out of river Ganga with a view to irrigate lands in the area with the aid of canal net work. The main work site of the project is located in the District of Munger near the confluence of rivers Dakranala and Ganga. The project was approved by the Central Water Commission, New Delhi, in the year 1966 and was accorded administrative approval from the Water Resources Department of the Government of Bihar. Under the project, 43.20 kms. of main canal, 76.86 kms. of distributory canals and 151.06 kms. of village channels were to be constructed in the first phase of the project. Thereafter, in the second phase, 22.23 kms. of branch canals, 26.25 kms. distributory canals and 30 kms. village channels were to be constructed. The project also involved installa...
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