Patna Court May 2000 Judgments
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Miss Kumud Vs. State of Bihar and ors.
Court: Patna
Decided on: May-10-2000
A.K. Ganguly, J.1.The subject-matter of challenge in this writ petition is an order dated 14.6.1994 by which the Secretary, Department of Higher Education Government of Bihar, Patna has refused the prayer of the petitioner for her absorption as a Lecturer in Ganga Devi Manila College, Kankarbagh, Patna (hereinafter called the said College). By the said order, it was held that the appointment of respondent Nos. 6 and 7, namely, Smt. Renu Sinha and Smt. Prabha Sahay respectively are adjusted against the two sanctioned posts in the department of Ancient Indian History in the said College.2. Certain relevant facts are noted below:Pursuant to advertisement dated 22.7.1985 published in the daily Searchlight by the said College authorities, the petitioner applied for the post of Lecturer in Ancient Indian History in the said College. The said advertisement was published by the Secretary of the Governing Body of the said College. The assertion of the petitioner is that at the time of her appl...
Lalu Prasad Alias Lalu Prasad Yadav Vs. State of Bihar Through C.B.i. ...
Court: Patna
Decided on: May-10-2000
S.K. Singh, J.1. Heard the parties.2. The present application has been filed for release of the petitioner on regular bail in connection with Special Case No. 5 of 1998, arising out of R.C. 5(A) 98 (AHD), Patnadated 19.8.98 under Sections 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988.3. A First Information Report was lodged by Sri B.N. Kharakwal, Deputy Superintendent of Police, C.B.I. New Delhi on 19.8.1998 to the effect that during the course of investigation of Animal Husbandy Deptt. (Shortly 'A.H.D.') cases, materials have been brought on the record to the effect that the petitioner during his incumbency as the Chief Minister of Bihar between the period 1990-1996 acquired huge assets, both movable and immovable by corrupt or illegal means, which are disproportionate to his known source of income which has not been accounted for.4. The First Information Report further goes to show that the petitioner owns immovable properties in the form of house and pl...
Oriental Insurance Co. Ltd. Vs. Archana Rajan and ors.
Court: Patna
Decided on: May-10-2000
S. Dhavan, C.J. and Aftab Alam, J. 1. In these Letters Patent Appeals all controversies raised by the insurance company for the purposes of impugning the judgment on the Miscellaneous Appeal No. 457 of 1998; Oriental Insurance Co. Ltd. v. Archana Rajan and Miscellaneous Appeal No. 458 of 1998; Oriental Insurance Co. Ltd. v. Anita Devi stand answered by the recent judgment of the Apex Court in Rita Devi v. New India Assurance Co. Ltd., 2000 ACJ 801 (SC). The contention in the present appeal is that the fact that a cold blooded murder may have taken place inside the vehicle which has been insured with the company does not cast any obligation on the insurance company under a contract of indemnity. The impugned order is dated 17.5.1999. 2. The Apex Court in its recent judgment has held that the insurance company is liable to pay compensation to the heirs of a person murdered with intent of causing violence upon the occupants, as this is an accident. In the circumstances the court cannot ...
Dr. Uma Shankar Verma Vs. the Birsa Agriculture University and ors.
Court: Patna
Decided on: May-09-2000
Narayan Roy, J.1. We have heard learned Counsel for the parties.2. This appeal is directed against the order dated 16.8.1999 passed in CWJC No. 545 of 1998 (R) whereby and whereunder the learned Single Judge of this Court dismissed the writ application of the writ petitioner-appellant holding that the appointment of the appellant was irregular and against the mandates of Articles 14 and 16 of the Constitution of inasmuch as that the appointment of the appellant was made on the basis of stop-gap arrangement and not in pursuance of the advertisement. However, the learned Single Judge of this Court directed the respondents to fill up the posts of Medical Officers on regular basis pursuant to advertisement No. 1/97, if not yet filled up, immediately and if the petitioner has applied in pursuance of the said advertisement No. 1/97, his ease be considered along with others and due relaxation of age shall be allowed to the petitioner as he continued for about nine years under the University....
Dr. Rajesh Narayan Vs. State of Bihar and ors.
Court: Patna
Decided on: May-09-2000
S.J. Mukhopadhaya, J.1. The petitioner has challenged the selection for appointment as made in favour of Respondents 6 to 9 as Senior Residents, Department of General Surgery and Reproductive Biology, Urology and G.I. Surgery under Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna (I.G.I.M.S. for short).2. The sole question raised that the selection, in question, and appointment have been made solely on the basis of interview, without resorting to any other test, like written test.3. It appears that in pursuance of a notice dated 27th June, 1998 published in the local daily 'THE TIMES OF INDIA', the petitioner and others applied for appointment as Senior Resident in different Departments, as stated above. Three separate interview letters were issued for appointment of petitioner in respect of three Departments on 8th August, 1998. The interview held on 18th August, 1998 between 10.30 a.m. to 1.30 p.m. and second from 2.30 p.m. to 4.30 p.m., in which the contesting Respond...
Ajoy Kumar Verma Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: May-08-2000
S.K. Katriar, J.1. This Court at the very outset records its displeasure against the approach of the learned Counselfor the Reserve Bank of India and the State Bank of India in this matter which was evident on the previous occasion also. During the course of submissions on 1.5.2000, they went to the extent that it would not be possible for the two Banks to serve notices on its functionaries because they are impleaded by name. This Court desists from making any further observations in the hope that they shall realise the gravity of the situation and make submissions in the present matter in a more responsible manner. This writ petition relates to injecting counterfeit in the Indian currency system which is amongst the vitals of any nation, and an attempt to destabilise the country's economy is discernible. Has anyone to be reminded that no individual has any entity without his notion. The Counsel for the Banks seem to have positioned themselves in this matter like an adversarial litiga...
Subhash Chandra Das Vs. Auto Syndicate and Another
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: May-08-2000
A.N. Chaturvedi, President: 1. This appeal by the complainant is directed against an order dated 11.1.1995 passed by District Forum, Patna, in Case No. 708 of 1992 whereby the District Forum dismissed the complaint with cost holding the same as frivolous and vexatious. 2. On 24.9.1992 the complainant-appellant filed a complaint before the District Forum alleging therein that he purchased one Bajaj Chetak Scooter from Auto Syndicate (opposite party No. 1) on 16.3.1991 under hire purchase scheme. Prior to the purchase of the scooter, he on 12.3.1991 paid to Auto Syndicate (opposite party No. 1) Rs. 500/- in cash vide receipt (Annexure-I) for Bajaj Chetak Scooter and Rs. 250/- in cash vide receipt (Annexure-II) towards road tax, registration fee and other incidental charges. Apart from that, he on 15.3.1991 paid Rs. 262.20 paise in cash vide receipt (Annexure-III) for accessories etc. Besides that, he paid to Auto Syndicate Rs. 315/- + Rs. 315/- for the insurance of the scooter vide Chequ...
Amarnath Saw Vs. State of Bihar and ors.
Court: Patna
Decided on: May-07-2000
Sachchidanand Jha, J.1. This writ petition has been filed seeking direction to the respondent to restore possession of house at Mohalla Machchuatoli bearing holding No. 76 A within Ward No. 3 at Cantonment Road, Danapur, to the petitioner.2. The case of the petitioner, shortly stated, is as follows. His father Narayan Sah purchased the house in question under a registered sale-deed dated 23.11.70 from one Sitaram Sah. Respondent No. 9 Om Prakash Goswami fraudulently got a sale-deed in the name of his wife respondent No. 8 Smt. Shanti Devi, from Narayan Sah on 28.4.93 without paying any consideration money to him. The petitioner, however, continued to remain in possession of the house. When he came to know about the fraudulent act of the respondents, he filed a suit bearing Title Suit No. 120 of 1993 seeking declaration that the sale-deed dated 28.4.93 is sham and fraudulent and no title had passed to respondent No. 8. In the alternative, he prayed for relief in terms of Section 4 of t...
Haricharan Chamar and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: May-05-2000
S.N. Jha, J.1. There are twenty three petitioners in this case. They seek quashing of the order of the Collector, Kaimur at Bhabhua dated 16.8.99 in Miscellaneous (land ceiling) case No. 57 of 1998-99, cancelling the Red Cards relating to the lands of late Ramayan Ojha declared surplus under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (in short 'the Ceiling Act'). The relevant facts, briefly stated, are as follows:2. Land Ceiling case No. 5/76/74 of 1973-74/1974-75/1982 was initiated against late Ramayan Ojha for determination of his ceiling area under the Ceiling Act. The land-holder was allowed three units for self and two sons namely, Harihar Ojha and Suryabansh Ojha by the Deputy Collector Land Reforms (DCLR) Bhabhua exercising the powers of the Collector under the Act. The State of Bihar preferred appeal before the Collector, Rohtas challenging the correctness of grant of unit to Suryabansh Ojha. The appeal was all...
Umesh Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: May-05-2000
S.N. Jha, J.1. This writ petition is directed against the order of the sub-divisional Officer, Buxar dated 11.6.99 cancelling the licence with respect to a shop under the Public Distribution System. The order has been passed in the light of the decision of the State Government contained in letter of the Additional Secretary, Food, Supplies and Commerce Department vide letter No. 4571 dated 21.8.92. The State Government, it appears, has taken a policy decision not to grant more than one licence under the Public Distribution System to members of the same family and where it has been already granted to cancel the same.2. Shri N.K. Agrawal submitted that issue is settled by decision of this Court in Md. Mumtaj v. State of Bihar C.W.J.C. No. 2492 of 1997(R), reported in 1999 EFR 746. He also relied on Lal Babu Prasad v. State of Bihar 1989 PLJR 125.3. The decision in Md. Mumtaj v. State of Bihar (supra), is of no help to the petitioner. The decision was rendered while considering the valid...
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