Patna Court March 2000 Judgments
Central Coal Fields Limited Vs. Lilawati Devi and ors.
Court: Patna
Decided on: Mar-10-2000
Narbdeshwar Pandey, J. 1. This is an appeal under Clause 10 of the Letters Patent of the Patna High Court on behalf of the defendants against the judgment and decree dated October 7, 1991 in first appeal No. 118 of 1981 (R), whereby and whereunder, the judgment of the learned Additional Subordinate Judge, GIRIDIH, in Title Suit No. 20/1 of 1976/79 was set aside. 2. Briefly stated that facts of the case is that late Krishna Bihari Jaiswal (plaintift) was employed as Mechanic Grade-I under the N.C.D.C. Ltd. and allotted a quarter bearing No. 112. A case was lodged against his brother, Sadhu Sharan Jaiswal in the year, 1962 and he was dismissed from service. The said case was lodged on the allegation that the aforesaid Sadhu Sharan Jaiswal had committed a criminal trespass in the aforesaid Quarter No. 112, which was in possession of the plaintiff on allotment. According to the plaintiff, the suit against Sadhu Sharan Jaiswal was absolutely on a false ground, since Quarter No. 112 was a...
Tag this Judgment!Nawal Kishore Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-10-2000
R.N. Sahay, J.1. By this application under Article 226 of the Constitution of India, the petitioner, who at the relevant time was Secretary, Bihar Legislative Council, has impugned the validity of the communication contained in the letter of the Registrar, Patna High Court dated 10.12.1996 (Annexure-4), whereby it was communicated to the petitioner by the High Court that having assessed and evaluated the services of the petitioner in the light of the decision of the Supreme Court dated 24.8.1993 in All India Judges Association case AIR 1993 SC 2493, the Court has been pleased to decide not to allow him benefit of enhancement of retirement age from 58 years to 60 years, thereby the petitioner has ceased to be a member of the Judicial Service on completion of age of 58 years. The petitioner has prayed for quashing of the said communication and has further prayed for a writ of mandamus or any other appropriate writ commanding the High Court to grant enhancement of service to the petition...
Tag this Judgment!Rudra Nand Mishra Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Mar-09-2000
S.K. Chattopadhyaya, J.1. The petitioner being aggrieved by the order dated 10.2.1993 passed by the respondent No. 3, rejecting his prayer for grant of freedom-fighter pension has moved before this Court in the present writ application.2. The petitioner, claiming himself to be a freedom-fighter, applied for such pension on 29.7.1981 asserting inter alia that as student he took active part in freedom fighting of 1942 and as such was involved in Madanpur P.S. Case No. 404 of 1942 and remained underground from 27.10.1942 to 28.5.1943. For such long absence from school, a forced school leaving certificate was issued by the headmaster of the school on 28.5.1943, mentioning therein that for involvement of the student in agitation, he was not promoted to Class-XI as he did not appear in Annual Examination. Thereafter, the petitioner became a full fledged member of the political party, working for the country.3. Further case is that his application for pension was received by the State Govern...
Tag this Judgment!Ram Kumar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-08-2000
M.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for quashing the order dated 11/12.6.99 as contained in Annexure-8 to the writ application by which the petitioner has been directed to complete the work of construction of Angan Bari Centres within a specified time failing which step shall be taken for instituting F.I.R. The petitioner has further prayed for issuing necessary direction upon the respondents to revise the rate for construction of Angan Bari Centres in terms of the Government letter dated 1.11.95.2. The petitioner is working as Junior Engineer in Zila Parishad, Hazaribagh on deputation. It appears that as per letter dated 15.7.97 issued by the Secretary, Welfare Department, Government of Bihar, all the District authorities were directed to construct Angan Bari Centres, the total construction of which was assessed at Rs. 1,48,000/-. Pursuant to that letter, the Zial Parishad was authorised to construct 78 Angan Bari Centres in the different districts an...
Tag this Judgment!Govind Madhav Jha Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-08-2000
Sudhansu Jyoti Mukhopadhaya, J.1. The petitioner retired from the services of the State from the post of Under Secretary, but was not paid total retiral benefits. Being aggrieved, he preferred C.W.J.C. No. 238 of 1996 for payment of retiral benefits, which was disposed of along with other cases on 17th October, 1996 in terms with general direction given in the case of Most. Rukmini Devi reported in 1996 (1) PLR 363.2. Total retiral benefits having not paid, the present contempt application was preferred, alleging willful, deliberate dis-obedience of Court's order by the opposite parties.3. In the show-cause, opposite parties while, tendered unqualified apology gave details of step taken for payment of benefits.4. Admittedly, the total benefits have been paid by opposite parties except 5% of pension. The opposite parties have taken plea that 5% of pension has been with-held under Rule 139-B of Bihar Pension Rules for which show-cause notice was issued on 24th October, 1994 and final or...
Tag this Judgment!Gajendra Thakur and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-08-2000
M.Y. Eqbal, J.1. In this writ application, the petitioners seek issuance of appropriate writ, in the nature of mandamus commanding upon the respondents to give promotion on the post of Class III grade in the scale of Rs. 1,200-1,800 from the date the junior persons have been given promotion with all consequential benefits.2. Petitioners' case is that they were appointed on Class IV post during the period 1975 to 1992. The respondents-authorities took a decision to give promotion to the post of Class III grade from the employees working in Class IV grade and accordingly the petitioners along with several other persons working on class IV post were interviewed and typing tests were taken and ultimately, a panel was prepared for giving promotion to class III post. It is stated that interview was held in the year, 1994 and the Departmental Promotion Committee found the petitioners eligible for the purpose of giving promotion on Class III-post. It is stated that several persons whose names...
Tag this Judgment!Branch Manager, National Insurance Co. Ltd. Vs. Ahmad HussaIn Ansari a ...
Court: Patna
Decided on: Mar-07-2000
G.S. Chaube, J.1. Heard on the limitation application at flag A as well as stay application at flag B.2. It is stated that the delay of 34 days in presenting this appeal had occurred primarily due to observance of procedural formalities for obtaining necessary sanction from the higher authorities of the insurance company. Therefore, in the circumstance of the case, the delay is condoned.3. As regards the stay application, it is stated that out of the amount of compensation of Rs. 1,50,000 the appellant has already deposited Rs. 50,000 with the Tribunal and Rs. 25,000 with this court. The impugned judgment and award discloses that the deceased was a non-earning minor student of IX class and the sole dependent on him, namely, his father was 65 years old. In this view of the matter, the certificate proceeding in Case No. 1 (WC)/1999-2000 pending in the court of Mr. S.B. Pathak, Certificate Officer, Dhanbad, shall remain stayed until further orders....
Tag this Judgment!Jagbandhu Mahatha Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-07-2000
Shiva Kirti Singh, J.1. Petitioner in this writ application is a Circle Officer in the service of State of Bihar. He has challenged and sought quashing of order contained in Memo No. 1231 dated 20.12.1999 (Annexure-1) insofar as it relates to the petitioner, an order for his transfer from the post of Circle Officer, Jugsalai (East Singhbhum) to the post of Circle Officer, Jhikpani (West Singhbhum) and also the consequential order dated 21.12.1999 (Annexure-2) by which another order of same date authorising the petitioner to assume unilateral charge of the post of Circle Officer, Jugsalai was cancelled in view of impugned order of transfer contained in Annexure-1.2. The facts of the case, in brief, are as follows. On 30.6.1999, the petitioner was transferred from Hilsa to Panki (Palamau) as per recommendation of Establishment Committee. Petitioner wanted to be posted at Jamshedpur or at nearby Anchal close to Jamshedpur on the ground that his old and ailing father stays at Jamshedpur a...
Tag this Judgment!State Bank of India and anr. Vs. Smt. Sushila Devi Kejriwal
Court: Patna
Decided on: Mar-07-2000
S.N. Pathak, J.1. This revision is directed against the judgment and decree passed by Sub-Judge VIII, Bhagalpur, in Title Eviction Suit No. 2/93/2/97.2. The relevant facts are that the plaintiff-opposite party No. 1 of this revision filed the aforesaid Title Suit seeking eviction of the State Bank of India (Revisionist No. 1) from the suit premises on the ground of termination of the fixed period of lease. The plaintiff had also sought rent at the rate of Rs. 8,950/- per month. More relevant facts are that the revisionists were tenant of the suit premises on a monthly rental of Rs. 4,000/-. However, the plaintiff was pressing the defendants (Revisionists) to enhance the rent and towards this end, a Fair Rent Case was also filed before the House Controller. However, there was a clause in the original lease for renewal of the lease deed after negotiation between the landlady and tenant. However, in spite of negotiation, there could not be any further execution of lease and since the rev...
Tag this Judgment!Manoj Kumar and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-07-2000
Shiva Kirti Singh, J.1. These two writ petitions involve common questions of fact and law and, therefore, with consent of parties, they have been heard together and are being disposed of by this common order at the stage of admission itself.2. Both the writ petitions have been filed by students. Both of them had taken the Bihar Combined Entrance Competitive Examination conducted by the Bihar Combined Entrance Competitive Examination Board (hereinafter referred to as 'the Board') in 1998 for admission into various engineering colleges in the State of Bihar. The petitioners did not find place in the first list of successful candidates but subsequently they were found eligible for admission on seats that remained vacant in Maulana Azad College, of Engineering and Technology, Patna (hereinafter referred to as 'the College'). The grievance of the petitioners is that the Board thrice fixed and communicated to the petitioners the date of counselling for admission against vacant seats in the ...
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