Patna Court October 2001 Judgments
Ram Sayani Devi and anr. Vs. Ram Kumari Devi and ors.
Court: Patna
Decided on: Oct-19-2001
Ashok Kumar Verma, J.1. The opposite parties appellants have filed this Misc. Appeal against the order dated 16-2-1994 passed in Succession Certificate Case No. 20 of 1990 by the District Judge, East Champaran at Motihari whereby the learned District Judge had allowed the prayer of the applicants- respondents for grant of succession certificate and held that Late Jugal Kishore Thakur had died while on duty and as such his two widows are entitled to get pension as half and half and that applicant Ram Kumari Devi as nominee in respect of his Group Saving Scheme is entitled to the amount of the Group Saving Scheme. The learned District Judge has also held that all his legal heirs i.e. the applicants and opposite parties are entitled to get General Insurance, Gratuity, G.P.F. and pay of late Jugal Kishore Thakur amounting to Rs. 99,000 according to their legal share.2. The applicants of Succession Certificate Case No. 20 of 1990 who are respondents in this appeal had filed the Succession ...
Tag this Judgment!Vindyawashini Prasad @ Vindhyawashini Prasad Verma Vs. Shashi Kant Ver ...
Court: Patna
Decided on: Oct-18-2001
Indu Prabha Singh, J.1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code'). In this application a prayer has been made to recall the judgment dated 2B-2-2000 passed by me in Cr. Revision No. 684/96 by which I set aside the order dated 7-10-1996 passed by the Judicial Magistrate 1st Class, Hajipur in G.R. Case No. 781/91, Tr. No. 189/96. By this order the learned Magistrate had called for Book-I from the registration office with regard to the sale-deed dated 25-6-1988 executed by Bharat Choudhary in favour of a Samiti known as Lok Nayak Jai Prakash Grih Nirman Samity Ltd., Hajipur (in short the Samily).2. In this petition it has been contended that a number of decisions were cited before me in Cr. Revision No. 684/96 in support of the contentions of the petitioner. However, by the judgment under recall passed by me I did not take into consideration the aforesaid rulings and decisions of the Hon'ble Supreme Court which has resulted in ...
Tag this Judgment!Ritesh Kumar and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-17-2001
S.N. Jha, J.1. These two writ petitions on behalf of students of Maulana Azad College of Engineering and Technology, Anishabad, Patna have been heard together and are disposed of by this common order. In CWJC No. 6127 of 2000 the prayer is for direction upon the respondent- Magadh University to regularise the academic sessions for the students of 1997- 2001 batch of the Bachelor of Science (Engineering) course, and to hold the second year examination. In CWJC No. 11105 of 2001 the prayer is for a direction to hold the final year examination for the students of 1996-2000 batch of the B.Sc. (Engineering) course.2. The case of the petitioners is that they were admitted to the B.Sc. (Engineering) course in the respective session on the basis of Combined Engineering Entrance Examination in the Maulana Azad College of Engineering and Technology (in short, the College). The College has been duly approved and recognised by the All India Council for Technical Education (AICTE). It also enjoys ...
Tag this Judgment!Shri Ramji Rice Mills and ors. Vs. Bihar State Financial Corporation a ...
Court: Patna
Decided on: Oct-17-2001
Radha Mohan Prasad, J.1. In this writ petition, petitioners have prayed for issuance of an appropriate writ quashing the order dated 24-9-1998, contained in Annexure-5 whereby and whereunder Managing Director, Bihar State Financial Corporation, hereinafter referred to as 'the Corporation', (respondent No. 2) decided to sell the mortgaged/hypothecated assets of M/s Shri Ramji Rice Mill in favour of Chandrama Singh (respondent No. 5) and also the decision of the Executive Committee communicated vide Memo No. 625 dated 31-10-1998 (Annexure-6) by which the aforesaid decision of sale was approved and further for issuance of a writ of mandamus commanding the Respondents to transfer the unit, namely, M/s Shri Ramji Rice Mill, Chhitani to the petitioners at the sale price offered by respondent No. 5 and to reschedule the remaining arrears to be recovered in instalments from the petitioners.2. In short, the case of the petitioners is that they are original promoters of M/s Shri Ramji Rice Mill...
Tag this Judgment!Dr. Kishore Kumar and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-16-2001
Aftab Alam, J.1. These writ petitions arise from a common controversy and the twenty-nine petitioners in all the six petitions who are holding the teaching posts of Reader and Professor in different colleges under the Magadh University seek similar reliefs. All these cases were, therefore, heard together and are being disposed by this judgment.2. The issue at the core of the controversy in all these writ petitioners is whether the lecturers whose service were absorbed in the University or the college concerned under the three statutes for regularisation of services of purely temporary lecturers are entitled to take into account the period of their service rendered before absorption (for the sake of convenience hereinafter referred to as 'the previous service') for the purpose of computing the period of qualifying service for promotion to the posts of Reader and Professor under the merit promotion or the bime-bound promotion statutes, even though the previous service might not be in a...
Tag this Judgment!Bharat Manufacturing Company Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-16-2001
Radha Mohan Prasad, J.1. In this writ petition, petitioner has prayed for quashing the notification dated 20-7-2000, contained in Annexure-2, issued by the Health Medical Education and Family Welfare Department, Government of Bihar, prescribing the content of alcohol and packing size of the Ayurvedic Medicinal preparation out of self-generated alcohol.2. In short, the case of the petitioner is that it is an unit of Somras Ayurvedic Bhawan Pvt. Ltd. and is engaged in the manufacture of Ayurvedic medicinal preparations by self-generated alcohol for which has got a licence from the Respondent State Government. It has been contended by the learned Counsel appearing for the petitioner that Section 33N of the Drugs and Cosmetics Act, 1940, herein after referred to as 'the Act', empowers the Central Government to make rules for the purpose of giving effect to the provisions of law as contained in Chapter-I of the Act, which prescribes the method of establishment of the laboratories and the m...
Tag this Judgment!Dalip Singh Chaudhary Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Oct-14-2001
Chandramauli Kumar Prasad, J.1. In this writ application filed under Article 226 of the Constitution of India, petitioner prays for quashing of the order dated 16-12-1996 (Annexure-9), petitioner has been communicated that his customs House Agent Licence No. 2/CHA/82 is not fit to be renewed. His further prayer is to quash the order dated 28-8-1998 (Annexure-13), whereby petitioner has been informed that as licence condition has been violated, licence has been cancelled right from 19-5-1995 which cannot be renewed. His further prayer is to command the respondents to renew his customs House Agent Permanent Licence No. 2/CHA/82.2. According to the petitioner, he applied for a Customs House Agent licence in the year 1982 under Section 6 of the Customs House Agent Licensing Regulations 1965 according to which, the minimum qualification required for grant of licence is passing of matriculation examination. It is the assertion of the petitioner that his application was processed and the lic...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Fida HussaIn and anr.
Court: Patna
Decided on: Oct-12-2001
S.N. Jha, J.1. A short but significant question of law has arisen for decision in this appeal. The question is whether without filing a petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act'), application for 'no fault' compensation under Section 140 of the Act is maintainable.2. The short facts of the case are that one Chhotu Hussain died in a motor accident on 22.10.1998 near Kachahari Petrol Pump on G.T. Road at Sasaram. His father Fida Hussain, respondent No. 1 herein, lodged a criminal case, Sasaram P.S. Case No. 548 of 1998 under Sections 279 and 304A, Indian Penal Code. He also filed an application under Section 140 of the Act for fixed compensation of Rs. 50,000 on the principle of 'no fault liability' which was registered as Motor Vehicles Case No. 116 of 1998 before the Motor Accidents Claims Tribunal, Rohtas at Sasaram. On 10.2.1999 order in terms of Section 140 of the Act was passed. As the vehicle in question, a truck bearing registration No. UP 7...
Tag this Judgment!Nawdip Kumar Vs. Union of India (Uoi)
Court: Patna
Decided on: Oct-12-2001
1. This Letters Patent Appeal arises from the order of a learned Single Judge of this Court dismissing the Writ Petition of the appellant. 2. The dispute relates to a Commander Jeep bearing registration No. BR-05-5666. The jeep was found carrying contraband items viz. 157 kg. of Chinees Silkyard and 104 pieces Rainbow Camera MD 35F of Japanese make valued at Rs. 3,55,200/- on 6-9-97. The goods were seized under Section 110 of the Customs Act, 1962 under the reasonable belief that the goods were liable to be confiscated under Section 111(d) of the Customs Act as the same had been brought into India illegally from Nepal in contravention of the provisions of Notification No. 09/96-Cus., dated 22-1-96 issued under Section 11 of the Customs Act read with Section 3 of the Foreign Trade (Development and Regulation) Act, 1992. The jeep was also seized as being liable to confiscation under Section 115(2) of the Customs Act. On 26-9-97 an application was filed for provisional release of the jee...
Tag this Judgment!Chairman, L.i.C. of India and ors. Vs. Rajeev Kumar Bhaskar
Court: Patna
Decided on: Oct-12-2001
Sachchidanand Jha, J.1. This Letters Patent Appeal arises from the judgment and order of a learned single Judge of this Court allowing the writ petition of the sole respondent with a direction to Life Insurance Corporation of India (L.I.C.), appellant herein, to pay the sum assured under the insurance policy with interest at the rate of 12 per cent per annum from the date of death and costs of Rs. 5,000.2. The case of the writ petitioner (hereinafter referred to as 'the respondent'), briefly stated, is that his father late Upendra Sharma was a Lecturer in Ram Lakhan Singh Yadav College, Aurangabad. In the year 1992 he got his life insured under the 'Salary Savings Scheme' for Rs. 1,00,000. As per terms of the scheme the amount of premium was to be deducted from his salary by the college and deposited with the Aurangabad Branch, of L.I.C. Upendra Sharma died of heart attack on 9.7.1996. On 10.9.1996 the respondent lodged claim for payment of the amount and, on being asked, submitted t...
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