Patna Court March 2000 Judgments
Gautam Singh and ors. Vs. Central Coalfields Ltd. and ors.
Court: Patna
Decided on: Mar-28-2000
M.Y. Eqbal, J. 1. In this writ application, the petitioners,who are 8 in numbers, seek issuance ofappropriate writ directing the respondents toreinstate and regularise the services of thepetitioners who have worked under therespondents from January 1992 to 1997 andfurther to pay all back wages consequent uponreinstatement. 2. The petitioners' case is that they were appointed in January 1992 by the White Industries Australia Ltd., Piparwar Project of CCL and they continuously worked till December 1997. It is stated that Respondent No. 5, White Industries Australia Ltd. is a registered project of respondent-CCL which was established for construction, maintenance and repairing of quarters of Australian experts situated within the Piparwar Project. Petitioners were appointed in different posts lamely, electrician, carpenter, plumber, DG Boy, cleaner, etc. and were paid their salary regularly by the then contractor. The petitioners claimed that they worked for CCL at their instance, salar...
Tag this Judgment!Ranjeet Singh Alias Ranjan Singh Vs. State of Bihar
Court: Patna
Decided on: Mar-28-2000
Someshwar Nath Pathak J.1. This appeal is directed against the order of conviction and sentence passed by Sri Binoy Kumar Sinha, 2nd Additional Sessions Judge, Arrah in Sessions Trial No. 79/95. The appellant was convicted under Section 366A and 376, I.P.C. and sentenced to undergo R.I. for 7 years in each of the above sections. The sentences were directed to run concurrently.2. The case of the prosecution, as per the written report of the informant, is that the informant is a teacher posted at Shurkunda in the district of Hasaribagh. His mother, wife and father along with his daughter live at village home, Narainpur, in the district of Bhojpur. His neighbour, one Ranjit Kumar alias Ranjan Kumar Singh has his Sasural is in village Basaurah where the informant's sasural is also situated. The informant's wife is on visiting term with Ranjeet Kumar alias Ranjan Kumar Singh. The informant's daughter Vina Kumari aged 16 years used to go to the house of Ranjeet Kumar in the company of her m...
Tag this Judgment!National Rubber Industries and anr. Vs. State Bank of India and anr.
Court: Patna
Decided on: Mar-27-2000
S.N. Mishra, J. 1. The defendant-applicants are the petition is in this Civil revision application which arises out of an order dated 2-6-1999 passed in Misc. Case No. 8 of 1998, whereby the learned Subordinate Judge, Deoghar, has transferred the record of the aforesaid Misc. case to the Debt Recovery Tribunal, Patna, in view of the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the Act'). 2, The relevant facts for the disposal of the instant civil revision application, which are not in dispute, are that Opposite party No. 1 State Bank of India, filed a suit being Money Suit No. 24 of 1995 against the defendants-petitioners as well as Opposite party No. 2 for a decree of Rs. 9,22,357/- and other reliefs Including interest arising therefrom. The said suit was decided ex parte on 26-9-1996 and the defendants, thereafter, appeared on 17-11-1996 and filed a petition under Order IX, Rule 13, CPC for setting aside the ex ...
Tag this Judgment!Miss Priyanka Prasad Vs. State of Bihar and anr.
Court: Patna
Decided on: Mar-27-2000
Shiva Kirti Singh, J.1. This writ application under Article 226 of the Constitution of India has been filed by a student who took the Combined EngineeringCompetitive Examination, 1999 (hereinafter referred to as the Examination 1999) conducted by respondent No. 2 on 4-7-99. Results have been published on 14-8-99 and the petitioner by virtue of her position on merit has been admitted to one of the engineering courses in the Bihar College of Engineering, Patna. The grievance of the petitioner is that Respondents have not prepared the result and offered admission to the students of Patna University on a preferential basis as per institutional preference provided by Clause-14.4 of the Prospectus published by the Respondent for the examination of 1999, a copy whereof is Annexure-1 to the writ application. According to petitioner Clause-14.4. of the prospectus if implemented by the respondents may enable her to get admission into a course or branch of Engineering of her choice. Accordingly,...
Tag this Judgment!Banshidhar Singh Vs. State of Bihar
Court: Patna
Decided on: Mar-24-2000
Prabhat Kumar Sinha, J.1. This application has been filed by Bansidhar Singh, the then District Magistrate, Madhopura, under Section 482 of the Code of Criminal Procedure, praying therein for quashing the entire proceeding in criminal case bearing No. C 101 of 1994 as were the order dated 16-6-1994 passed therein, by the Chief Judicial Magistrate (Addl. Chief Judicial Magistrate), Madhopura, whereby and whereunder the learned Magistrate had taken cognizance of offence under Sections 419, 420, 468, 182, 120B and 109 of the Indian Penal Code against this petitioner and others.2. The facts of the case in brief are as follows :-F.I.R. in Madhopura P.S. Case No. 17 of 1986 was filed by one Dhanushdhari Singh, the then Incharge District Supply Officer, Madhopura, against Rajendra Prasad, Lalit Agarwal and Bir Narain Mandal, the last being the Supply Inspector, Madhopura, for the offences punishable under the aforesaid sections of the Indian Penal Code as well under Section 7 of the Essentia...
Tag this Judgment!Sahu JaIn Ltd. Vs. Rohtas Industries Ltd. and ors.
Court: Patna
Decided on: Mar-24-2000
A.K. Ganguly, J. 1. This appeal is directed against the judgment and order dated October 30, 1998, passed by the company judge by which his Lordship refused to recall the earlier order dated August 22, 1997, granting leave to both the respondents banks, namely, State Bank of India (hereinafter called the S. B. I.) and the United Bank of India (hereinafter called the U. B. I.) to proceed with their suits before the Debt Recovery Tribunal. The suits being Suit No. 793 of 1984 and Suit No. 627 of 1985 respectively were filed by the S. B. I. and U. B. I. before the Calcutta High Court against Rohtas Industries Ltd. (in liquidation) (hereinafter called the said company). Those suits were previously transferred before the Debt Recovery Tribunal, Calcutta (hereinafter called the said Tribunal) and on such transfer those suits were re-numbered as T. A. No. 256 of 1996 and T. A. No. 45 of 1996 respectively.2. Certain facts, which are relevant to the issue, are noted below :In 1984, one Ajit Ku...
Tag this Judgment!Om Prakash Bhadani Vs. Rajeev S. Ahuja and ors.
Court: Patna
Decided on: Mar-24-2000
Prasun Kumar Deb, J. 1. Both the civil revision petitions have been heard together at the admission stage as they are inter-related and inter-connected. 2. The background of these two petitions are necessary to be reiterated in short. The predecessor of the opposite parties filed Money Suit No. 24 of 1995, before the Sub-Judge, 1st, Bokaro at Chas for realisation of rent from September. 1993 to October, 1995 at the rate of Rs. 1.150/- per month as well as at the rate of Rs. 400/- per month in respect of electricity charges and also service charges as mentioned in Schedule D of the plaint. In the claim portion, there was a prayer in the following manner :-- 'For a decree for realisation of a sum of Rs. 57,189.46 paise as shown in Schedule hereunder with pendente lite rent and future interest.' The suit was contested and ultimately it was decreed. The implementing portion of the judgment is read as follows :-- 'Therefore, it is ordered that the suit be and the same is decreed with some...
Tag this Judgment!Ex-captaIn Prem Kumar Malik Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Mar-23-2000
Sanat Kumar Chattopadhyaya, J.1. In this writ application, the petitioner has prayed for a direction to the respondents concerned to grant pro-rata t retirement benefits/pension on the ground that he served for more than sixteen years continuously. Further prayer has been made to quash Annexures 6 and 8 series, by which the said relief has been refused by the respondents.2. The facts of the case may be stated briefly, which are as follows:According to the petitioner, he joined as Gentleman Cadet in the Indian Military Academy in pre-commissioned training course and was subsequently appointed/commissioned in the Indian Army on 26th April. 1964. On 11th November, 1969, he assumed charge of Assistant Company Commander in the Special Frontier Force as a Class I Gazetted Officer. His period of employment from 2nd September to 11th November. 1969 was condoned and seniority refixed in the new department through a notification. While he was on lien with Special Frontier Force, he was granted ...
Tag this Judgment!Jagannath Prasad Alias Jagannath Lal Vs. Under Secretary Government of ...
Court: Patna
Decided on: Mar-23-2000
S.N. Jha, J. 1. The dispute in this writ petition relates to the effective date of grant of freedom fighter's pension. The petitioner has been allowed such pension with effect from 1511-93 vide letter of the Under Secretary to the Government of India, Ministry of Home Affairs (Freedom Fighter Division) dated 14-1-94. According to him, he is entitled to the pension with effect from 1-8-80, the date when the revised freedom fighter's samman pension scheme became effective. 2. The claim for freedom fighter's pension with effect from 1-8-80 has to be summarily rejected in view of the fact that the petitioner made application for grant of such pension on 23-7-81 and in the case of Mukund Lal Bhandari v. Union of India, AIR 1993 SC 2127, it has been held in no uncertain terms that the pension cannot be paid retrospectively prior to the date of application. Though in my respectful opinion the judgment may not be read as an authority on the point that the pension has to be paid from the da...
Tag this Judgment!Sanjay Kumar Vs. Indian School of Mines and ors.
Court: Patna
Decided on: Mar-23-2000
M.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for issuance for an appropriate direction upon the respondents to regularize/absorb the services of the petitioner on permanent basis who has been working as Project Assistant with effect from 27.10.95 under Special Assistance Programme and further for payment of regular pay-scale to the petitioner.2. Petitioner's case is that in 1963 on the recommendation of the Education Commission and in consultation with the Universities, the University Grants Commission established a scheme for developing a limited number of university departments in Research and Training in selected fields Under the University Grants Commission Special Assistance Programme, the. petitioner was appointed on the post of Project Assistant in the Department of Applied Geology and he submitted his joining on 27.10.95 to respondent No. 1, the Indian School of Mines. It is contended that the project in which the petitioner has been working, is a conti...
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