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Patna Court September 2000 Judgments

Sep 04 2000

Dilip Keshri and anr. Vs. State of Bihar and ors.

Court: Patna

Decided on: Sep-04-2000

M.Y. Eqbal and A.K. Prasad, JJ.1. This Writ application has been pending since 1998. It is in the nature of Public Interest Litigation, wherein prayer has been made for issuance of direction for construction of high-level permanent bridge at Namkum over Subemarekha river on Ranciii-Purulia road.2. Admittedly, this bridge was constructed much prior to independence and it has not been disputed that the bridge is in such a dilapidated condition since more than 21 years that at any time it may collapse. Taking into consideration the urgency of the situation, this Court time to time issued necessary direction to the respondents. On the last day, i.e. on 18.5.2000, a Bench of this Court passed the following order:13/18.5.2000 Heard counsel for the parties. Pursuant to order dated 8.5.2000, Secretary, Department of Road Construction Department, Government of Bihar, has appeared in person and has tiled show-cause. In the show-cause, it is stated that the part of Ranchi-Purulia road from Kanta...

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Sep 04 2000

Union of India (Uoi) Vs. Bhala Brothers

Court: Patna

Decided on: Sep-04-2000

S.K. Chattopadhyaya, J.1. Heard the learned Counsel for the parties on the limitation petition.2. For the reasons stated therein, the delay in filing the appeal is condoned and the limitation petition stands disposed of.3. Heard the learned Counsel for the parties on the merit of appeal and with their consent this appeal is being disposed of at the stage of hearing under Order XLI Rule 11 of the Code of Civil Procedure itself.4. Facts of the case lies in a narrow compass. The respondent claimant filed an application before Railway Claims Tribunal, Patna for payment of compensation of Rs. 10,000/- and an odd on the ground that there was short delivery of total 157 bags from two consignments of iodised salt. It is not in dispute that those two consignments were booked on the railway on 20th February, 1996 at Bania to be delivered at Tatisilwai in the District of Ranchi, After getting delivery of the said consignments the claimant sent notice on 2.8.96 and 3.8.96 respectively under certi...

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Sep 04 2000

Divisional Manager, National Insurance Co. Ltd. Vs. Sukhdeo Prasad Ran ...

Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna

Decided on: Sep-04-2000

A.N. CHATURVEDI, President 1. This appeal by opposite party-appellant (Divisional Manager, National Insurance Company, Hazaribagh), is directed against the order dated 4.7.1996 passed by District Forum, Koderma at Hazaribagh in Complaint Case No. 9of 1996/63 of 1995 whereby the District Forum has directed the opposite party-appellant to pay Rs. 1,57,859/- to the complainant (respondent) as medi-claim amount with interest @ 18% from November, 1994 till payment. There is further direction for payment of Rs. 5,000/- as compensation and Rs. 2,000/- as cost. 2. It appears that the complainant (respondent) filed a complaint petition before the District Forum on 5.4.1995 alleged therein that he was insured by National Insurance Company, Hazaribagh Division under Medi Claim Insurance Scheme, category vide policy No, 171100/8500005/93 which was for the period 19.5.1993 to 19.5.1994. During the insurance period he (complainant) had massive heart attack for which he was under the treatment of a n...

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Sep 02 2000

Smt. Rukmini Devi Vs. the Bihar State Housing Co-operative Federation ...

Court: Patna

Decided on: Sep-02-2000

Radha Mohan Prasad, J.1. In this writ petition, the petitioner has sought for a direction to the respondent-Federation to release all documents concerned relating to her house, which are still lying in the office of the respondents irrespective of the fact that entire finally calculated and demanded amount of dues of the Federation has already been paid by her.2. In short, the relevant facts are that the petitioner took loan of Rs. 50,000/- and her husband was guarantor of the said loan. The husband of the petitioner died on 30th October, 1985. According to the case of the petitioner, the said loan was taken by her as per the scheme of the Bihar Cooperative Housing Finance Society Ltd. The respondent-Federation stepped into the shoes of the said Society and as such, they are bound by the terms as provided for in the Scheme, contained in Annexure-1. As per the said Scheme, benefit of Group Life Insurance was that after the death of the member, the remaining loan amount shall not be req...

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Sep 01 2000

Arun Kumar @ Arun Kumar Barnwal Vs. State of Bihar and ors.

Court: Patna

Decided on: Sep-01-2000

Radha Mohan Prasad, J.1. In this writ petition, the petitioner has assailed the validity of the order dared 20th May, 2000 passed by the District Magistrate, West Champaran, Bettiah, contained in Annexure 13, whereby and whereunder the application filled by him (petitioner) for grant of licence for N.P. Bore revolver has been disallowed. The only reason for disallowing the licence for the said firearms is that the petitioner already possesses two fires-arms since before, which, according to the District Magistrate, is sufficient for self-protection.2. In short, the relevant facts are that the petitioner claims to be a farmer owning large farms and orchards falling in the district of West Champaran. With the growth of criminalization of the district, the petitioner started having troubles in shape of increasing intensity of threats from the dacoits in general and from the notorious Bhagad Yadav gang in particular, on account of which the petitioner shifted his residence from village to...

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Sep 01 2000

Devesh Kumar Singh Vs. State of Bihar and ors.

Court: Patna

Decided on: Sep-01-2000

Radha Mohan Prasad, J. 1. In this writ petition, petitioner prays for issuance of an appropriate writ, order or direction to the respondents to give him the benefit of continuity and seniority in service with consequential benefit of annual increment and first time-bound promotion from the date of his first joining as his services were terminated and the validity of which was challenged by him in this Court in C.W.J.C. No. 8373 of 1988 which was finally allowed and the impugned order of termination was quashed vide judgment and order dated April 27, 1995 contained in Annexure 1 and further prayer is for direction to the respondents to pay all his arrears till date with interest. 2. In short, the relevant facts are that pursuant to the order of appointment dated August 1, 1988 made by the Managing Director of Madhepura-Supaul Central Co-operative Bank Ltd., hereinafter referred to as the Bank', petitioner joined on the post of Assistant-cum-Cashier in the Bank on August 2, 1988. Howev...

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Sep 01 2000

Parmada Devi Vs. Bishwanath Singh and ors.

Court: Patna

Decided on: Sep-01-2000

S.K. Chattopadhyaya, J. 1. This appeal has been placed under the heading 'for orders' with the notes of the Stamp Reporter along with the order of the learned Registrar General dated 26.6.2000.2. The appellant has filed the instant appeal under Section 30 of the Workmen's Compensation Act (hereinafter referred to as 'the Compensation Act') being aggrieved by the order dated 29.7.99 passed by the Deputy Labour Commissioner-cum-Commissioner under the Act. A court fee stamp of Rs. 15 was affixed on the memorandum of appeal but the Stamp Reporter raised an objection by pointing out that the appellant is required to pay additional court fee of Rs. 235. The matter was agitated before the learned Registrar General on 7.12.99 and the Stamp Reporter was directed to report again in view of the submissions made on behalf of the appellant on the basis of a decision of this court. After making further report, the matter was again placed before the Lawazima Board on 26.6.2000 and the learned Regist...

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Sep 01 2000

Bindeshwari Prasad Sinha Vs. State of Bihar and ors.

Court: Patna

Decided on: Sep-01-2000

Sudhanshu Jyoti Mukhopadhyaya, J.1. This application has been preferred by the petitioner for direction on the Respondents to pay him the salary of higher post of Inspector of Police with effect from 1st December, 1987, the date from which he has been promoted.2. The brief fact of the case shows that the promotion of petitioner to the post of Inspector of Police was due since 1st December, 1987, but because of pendency of a departmental proceeding, the D.P.C. in its meeting dated 11th August, 1987 did not consider his case for promotion. Subsequently, the petitioner was awarded major punishment against which he preferred appeal, when the appellate authority converted the same with minor punishment of censure.3. In spite of conversion of punishment to that of minor punishment of censure, the case of petitioner having not considered for promotion to higher post of Inspector of Police, he filed representation, where in after the D.P.C. in its meeting dated 12th February, 1990 treated the...

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