Patna Court January 2001 Judgments
Ram Udit Singh Vs. Bihar State Co-operative Marketing Union Ltd. and o ...
Court: Patna
Decided on: Jan-17-2001
Radha Mohan Prasad, J.1. In this writ petition, petitioner has prayed to direct the Respondents to pay his salary for the period from October 1995 to till date and also to pay his current salary. It is also prayed that a direction may be issued to the Respondents to pay interest on the back wages and to award cost.2. Counter-affidavit has been filed on behalf of Respondent-Biscomaun, in which claims of the petitioner for payment of salary has not been disputed. However, the stand taken in the counter-affidavit is that since the year 1994-95 all the business of Biscomaun have been closed rather collapsed on account of stringent financial crisis prevailing in Biscomaun. Under such circumstances, salary of 2350 regular employees of the Biscomaun has not been paid since September 1995.3. Earlier, this matter was heard on 11.1.2001, when Mr. Shahi, learned Counsel for the Biscomaun realizing the difficulty to contest the claim requested for time to discuss the matter with the officials and...
Tag this Judgment!P.R. Catering Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-16-2001
P.K. Deb, J.1. This application has been filed by the above named petitioner under Section 482, Cr.P.C. for quashing the order dated November 13, 1995 passed by the then Chief Judicial Magistrate, Patna, in complaint case No. 1275(H)/95 whereby cognizance has been taken of an alleged offence under Sections 23 and 24 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'the Act') and also Issuance of summon to the petitioners to appear before the Court and face trial. 2. As this matter relates to single Bench,: it was heard by Hon'ble CHOUDHARY S.N. MISHRA, J. on March 6, 2000 who passed the following order. 'In this case the question for determination is as to whether the petitioner who was awarded a contract work of catering service in Brahmputra Mail is a contractor within the meaning of Section 2(c) of the Contract Labour (Regulation and Abolition) Act, 1970. Having regard to the question involved and having further regard to the fact that no aut...
Tag this Judgment!Rekha Basu and anr. Vs. Hari Ram Belbariar Alias Hari Ram Belwariar
Court: Patna
Decided on: Jan-15-2001
S.K. Katriar, J.1. This Misc. First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure has been preferred against the order dated 10-11-2000 passed by the learned Subordinate Judge XII, Patna, in Misc. Case No. 4 of 2000 (Rekha Basu and Anr. v. Hare Ram Belbariar), whereby the present appellant's (the defendant's) application under Order Q, Rule 13 read with Section 151 C.P.C. for setting aside the judgment and decree passed on 22-5-2000 in T.S. No. 12 of 1996, has been dismissed.2. The respondents herein (the plaintiffs) had instituted Title Eviction Suit No. 12 of 1996 in the Court of Subordinate Judge, Patna, for eviction of the appellants herein from the suit premises on the ground of expiry of the period of lease within the meaning of Section 11(1)(e) of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as the '1982 Act). The defendants-appellants entered appearance and contested the suit. The plaintiff-respondent dosed his evidenc...
Tag this Judgment!Gauri Shankar Tiwary Vs. the Chairman-cum-managing Director, State Ban ...
Court: Patna
Decided on: Jan-12-2001
Ravi S. Dhavan, C.J. and Aftab Alam, J.1. It is unfortunate that this Court has to record the present order in a never ending story of a never-ending litigation even after the litigation was terminal when the Supreme Court dismissed the special leave petition.2. There appears to be some vehemence with which the matter is being presented to the Court, thus, leaving the Court with no option but to reiterate the record of the litigation and this Court will do it by taking recourse to the orders which are on record.3. The first writ petition had been filed by the petitioner at the Ranchi Bench as the High Court then stood. That was C.W. J.C. No. 2410 of 1996(R). The order as had been passed by the Ranchi Bench on 21.12.1996 reproduced:In this writ application, the petitioner has prayed for quashing of the order dated 19th February, 1996 passed by the respondent No. 4 Chief Manager State Bank of India whereby the request made by the petitioner for showing the agreement relating to terms an...
Tag this Judgment!Raj Kumar Singh Vs. Bhupendra NaraIn Mandal University and ors.
Court: Patna
Decided on: Jan-12-2001
S.N. Jha, J. 1. This writ petitioner on behalf of the sole petitioner has been riled seeking direction on the respondents to publish his result of B. Sc. Chemistry (Hons.) Examination. 2. The relevant facts which are not in dispute are these. The petitioner took admission in the B.Sc. Chemistry (Hons.) course in D.S. College, Katihar under B.N. Mandal University in the Session 1993-96. The B.Sc. Chemistry (Hons.) course consists of three parts, at the end of each part, University examinations are held which the candidate is required to pass. In terms of Regulation 7.1 a student who does not clear the examination cannot be admitted to the next Part, that is, if he does not clear Part I examination he cannot be admitted to Part-II. However, if he falls in or fails to appear at hot more than two subjects at Part I/II examination he may be promoted to the next higher class provided that he is not eligible for admission to Part III, unless he has passed the Part-I examination in the subje...
Tag this Judgment!Dilip Kumar Mishra and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-12-2001
N. Pandey, J.1. This writ petition was filed for a direction to the respondent-State to grant recognition to all the 12 Prathamik-Sah-Madhyama Sanskrit Schools (represented through the petitioners in this case). Grievance was made although applications for grant of recognition in this regard were pending before the Government since the year, 1985, but no order was passed. In the meantime, several others similarly situated schools were recognised.2. All the petitioners; schools, as stated, were established in the year, 1977-78 at the respective places in different Districts. By virtue of Ordinance No. 84/1980, the State Government constituted an autonomous Board for the development and better supervision of Sanskrit education up to Madhyama Standard in this State. Under the provisions of Sub-clause (2)(a) of Clause 6 of the said Ordinance, the Bihar Education Sanskrit Board was vested with the powers to grant recognition to Sanskrit Schools with the prior approval of the competent auth...
Tag this Judgment!Mohd. Tahir, Etc. Etc. Vs. State of Bihar and ors. Etc.
Court: Patna
Decided on: Jan-12-2001
Narayan Roy, J.1. All these three writ applications have been heard together as common questions of law and facts are involved and they are being disposed of by this common order.2. Heard Mr. Parmeshwar Prasad, Learned Counsel for the petitioners and Mr. Ram Balak Mahto, learned Senior Counsel appearing on behalf of respondent No. 3 to 5.3. The order as contained in Annexure-4 in each of the writ applications, passed by the Sub-Divisional Magistrate, Bhagalpur in purported exercise of his power under Section 4 of the Bihar Government Premises (Rent Recovery and Eviction) Act, 1956 (hereinafter referred to as the 'Act'), are under challenge.4. The main thrust of argument of learned Counsel for the petitioners is that the Sub-Divisional Magistrate has no jurisdiction to pass the order impugned as the shop premises of the petitioners are the properties of Bihar Agriculture Produce Market Committee, Bhagalpur. It is further submitted that the shop premises were settled to the petitioners ...
Tag this Judgment!State of Bihar and ors. Vs. Devendra Kumar Mishra
Court: Patna
Decided on: Jan-12-2001
1. This appeal has been preferred on behalf of the State of Bihar against the order dated 15-9-1999 in C.W.J.C. No. 9782 of 1998, whereby the writ petition was allowed with a direction to treat the date of birth of the respondent (writ petitioner) as 31st December, 1940.2. In this case, there is a delay in filing the appeal, therefore, a petition under Section 5 of the Limitation Act was filed for condonation of the delay. Learned counsel appearing on behalf of the respondent vehemently opposed the Petition and contended that the appellants are required to show sufficient and good cause for condonation of each day's delay, failing which the appeal is fit to be dismissed as time, barred. In support of the contention, learned Counsel also relied upon a decision of this Court in the case of Bihar State Electricity Board, Patna, through its Chairman and Ors. v. Baxi S.R.P. Sinha, Advocate and Anr. 1999(1) P.L. J.R. 60 and yet another decision of the Supreme Court in the case of State of H...
Tag this Judgment!Jogendra Prasad Alias Bhola and ors. Vs. Kamlesh Kumar and ors.
Court: Patna
Decided on: Jan-11-2001
P.K. Deb, J. 1. Heard both parties. 2. This revision petition has been preferred against the order dated 30-9-1999 passed by the Addl. District Judge X, Patna in Probate Case No. 119 of 1992 whereby on the death of executor who filed a probate case, his-son who happens also a legatee of the deceased Will maker had filed a petition for his substitution and to proceed with the probate case has been allowed. On subsequent occasion it is stated at the Bar that a petition had also been filed by the legatee for grant of letters of administration on the basis of the Will. 3. Learned Senior Counsel for and on behalf of the petitioners has challenged the impugned order on the ground that in a probate case which had been filed by an executor, the same cannot be changed to a case of letters of administration and in that respect he has referred to a Division Bench decision of this Court but it appears from that judgment that Section 232 of the Indian Succession Act had never been taken into cons...
Tag this Judgment!Haribansh Narayan and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-10-2001
Aftab Alam, J.1. The four petitioners before this Court are members of the Bihar Administrative Service who were appointed on the basis of the 23rd Combined Competitive Examination held by the Bihar Public Service Commission in the year 1975. They dispute the date assigned to them for entering the cadre of Deputy Collector. Earlier, the petitioners were given 1.12.1977 as their date of entry in the cadre of Deputy Collector, later by notification, dated 5.9.1999 (Annexure-1), their date of entry was advanced to 1.4.1977. According to the petitioners, however, their correct date of entry in the cadre of Deputy Collector should be 1.4.1976 and not 1.4.1977 as assigned to them by the impugned notification.2. The claim of the petitioners would appear to be quite misconceived and untenable only if one takes into account a few dates. The advertisement for the 23rd Combined Competivie Examination was issued on 16.6.1974. The examination was held in January 1975 and on the basis of the recomm...
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