Patna Court April 2001 Judgments
Bihar Pensioner Samaj and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-27-2001
Radha Mohan Prasad, J.1. Initially the petitioners being aggrieved by the Resolution of the Government of Bihar, contained in Finance Department Memo No. 4159 dated 5-5-1998 (Annexure-1) with respect to the effective date for raising the limit of retirement gratuity from 1 lakh to 2.50 lakh i.e. 16 1/2 times of the emoluments or Rs. 2.50 lakh whichever is less and for treating the dearness pay for the purpose of death-cum-retirement gratuity of its employees who retired/died on or after 1-4-1987 instead of 1-4-1995 as implemented in the case of the Central Government employees challenged its validity. Later the petitioners filed an amendment application challenging the validity of the Finance Department Resolution No. PC-01/99-11556 Vi Pe dated 22-12-1999 (Annexure 11) whereby the State Government decided to notionally revise the pension, family pension and gratuity with effect from 1-1-1996 of its employees who retired or died in harness on or after 1st January, 1996 but gave actual ...
Tag this Judgment!Controller of Examination, Bihar Combined Entrance Competitive Examina ...
Court: Patna
Decided on: Apr-26-2001
1. This appeal under Clause 10 bf the Letters Patent of the Patna High Court has been preferred against the order dated 10-1-2001, passed by a learned Single Judge of this Court, in C.W.J. C. No. 10858 of 2000 (Ms. Priyanka Prasadv. State of Bihar and Ors.), whereby the relief of admission to the branch of choice in the Bihar College of Engineering, Patna, has been granted to the writ petitioner (respondent No. 1 herein).2. The combined Engineering Competitive Examination is held by appellant No. 1 herein, a statutory body, for admission to the Government Engineering Colleges in the State of Bihar. The appellant had issued a prospectus with respect to the Combined Engineering Competitive Examination, 1999 (hereinafter referred to as 'the 1999 examination'), Clause 14.4 of which is relevant in the present context and is set out hereinbelow for the facility of quick reference:It is manifest from a plain reading of the aforesaid condition that 50% of the seats of each discipline/branch w...
Tag this Judgment!Maitri Charitable Trust and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-26-2001
Aftab Alam, J.1. Petitioner No. 1 before this Court is a Charitable Trust registered under the Indian Registration Act, 1888. Petitioner No. 2 is a citizen of India and one of the Trustees of the Trust. He states that he is duly authorised to file this writ petition on behalf of the trust.2. The trust was registered on 23-12-1993, it was originally established by a gentleman called Mr. Lama Thubten Zopa Sherpa who is foreign national. Later on, amendments were made in its constitution and under the amended constitution, no foreign national can be its trustee. Presently, all its four trustees are Indian citizens.3. The Trust has acquired through purchase certain immovable properties in the District of Gaya. But, it is facing difficulties in getting the sale-deeds duly registered under the Indian Registration Act. It is stated that initially the District Registrar declined to accept the transfer-deeds for registration and the petitioners were forced to move before the Districts Magistra...
Tag this Judgment!Pramod Kumar Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-25-2001
Radha Mohan Prasad, J.1. The petitioner who retired as Junior Engineer on 31-10-1993 while posted in Minor Irrigation Circle, Muzaffarpur, is aggrieved on account of deduction of Rs. 27,436.13 pension and adjustment of Rs. 13,640/- from the sanctioned amount of leave encashment against the temporary advance received by him and has thus sought for direction to the respondents to pay him the said amount.2. The petitioner during the period of his service had taken advance for execution of certain work and the dispute is with respect to utilisation of amount. According to the petitioner the work was executed and the amount advanced to him was utilised. The respondents also admit that the work has been done and bills were submitted by the petitioner but the work done by him was not for which the advance was received by him. Annexure-4 which is the letter of the Superintending Engineer, Minor Irrigation Circle, Muzaffarpur, also supports the said facts. However, the matter was inquired into...
Tag this Judgment!Yugal Kishore Vs. Union of India
Court: Patna
Decided on: Apr-25-2001
The issue, being raised is on the applicability of the Kar Vivad Samadhan Scheme, 1998. Between the petitioner Yugal Kishore and a firm named Bharat Enterprises, the Income Tax Department did not accept the two as different entities. In effect, even the petitioner accepts that the department declared the firm Bharat Enterprises as bogus. All this happened during the course of assessment proceedings between one or the other whether Yugal Kishore or Bharat Enterprises.2. A constituent of the petitioner has been to the High Court earlier in a case numbered Tax Case No. 25 (Pat.) of 1998, (Bharat Enterprises v. CIT). Today, Yugal Kishore files the present writ petition.3. The Kar Vivad Samadhan Scheme, 1998 is basically an amnesty. If an assessee applies under it within the stipulated time, the benefits of the scheme are available.Today, the court made two inquiries that if between the assessee, i.e., the petitioner and earlier Bharat Enterprises had filed a matter before the High Court u...
Tag this Judgment!Sushil Kumar Pandey Vs. Union of India and ors.
Court: Patna
Decided on: Apr-25-2001
1. The question which arises for consideration in this appeal is as to whether the cause of action or part of cause of action has arisen within the territorial jurisdiction of this Court so as to entitle it to entertain and decide the writ application. The learned Single Judge by the impugned order dated 1-3-2001 in CWJC No. 9616 of 1999 held that no part of cause of action has arisen within the territorial jurisdiction of this Court and accordingly dismissed the writ application for want of territorial jurisdiction.2. The facts giving rise to the present appeal are that the appellant' was enrolled in the Bihar Regiment on 26th November, 1997 and taken on strength as a Sepoy in this unit on 9th November, 1998 at Cooch Bihar (West Bengal). During Kargil War (Vijay Operation), the appellant was despatched to participate in the said operation on 20-5-1999 and was moved to Battalik Sector. One of his fellow Sepoy Arvind Kumar Pandey belonging to the district of West Champaran died on 29th...
Tag this Judgment!Girwar Yadav @ Giro Yadav and ors. Vs. Anirudha Prasad Mandal and ors.
Court: Patna
Decided on: Apr-24-2001
Ashok Kumar Verma, J.1. The appellants, who were the defendants 1st party in Title Suit No. 12 of 1991 have filed this Misc. Appeal against the ord*r dated 18-8-1994 passed in Misc. Case No. 1 of 1991 by the Additional District Judge, Madhepura whereby the learned Additional District Judge had ordered them to be detained in civil Imprisonment for three months under Order XXXIX, Rule 2-A of the Code of Civil Procedure.2. According to the appellants, the plaintiffs had filed an injunction petition in the Title Suit, which was rejected by the learned Munsif by order dated 27-2-1991. Against the order of rejection of the prayer for injunction, the plaintiffs preferred Misc. Appeal No. 2 of 1991 and during pendency of the Misc. Appeal, the appellants filed an application dated 13-5-1991 for granting status quo, which was heard on 20-5-1991 and the Advocate of the defendants-respondents, who are appellants in this appeal made an oral undertaking that during pendency of the Misc. Appeal with...
Tag this Judgment!Raj Kaliya Devi and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-23-2001
Anil Kumar Sinha, J.1. This revision application is directed against the judgment and order dated 23-11-1998 passed by the llnd Additional Sessions Judges, Patna in Cri. Appeal No. 134/1997 whereby he dismissed the appeal arising out of the judgment and order dated 23-7-1997 passed by the Judicial Magistrate, 1st Class, Danapur in G.R. Case No. 1421/94 whereby the learned Magistrate convicted the petitioner No. 1 under Section 341 of the Indian Penal Code and sentenced her to simple imprisonment for one month and petitioner Nos. 2 and 3 were convicted under Section 323 of the Indian Penal Code and sentenced them to undergo S.I. for four months each, whereas petitioner No. 4 was convicted under Section 323, I.P.C. and was sentenced to undergo R.I. for one year.2. It was submitted by the learned Counsel appearing for the petitioners that the injuries sustained by the informant were found to be simple in nature by the doctor who admitted in his evidence that the injuries were possible by...
Tag this Judgment!Sita Ram Paswan Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-23-2001
Nagendra Rai, J.1. The appellant has filed the present appeal under Clause 10 of the Letters Patent of the Patna High Court against the order dated 27-3-2001 passed by a learned Single Judge of this Court in CWJC No. 3912 of 2001 dismissing the writ application filed by the appellant challenging the order dated 6-2-2001 (Annexure-5 to the writ application) passed by the Transport Commissioner, respondent No. 3 herein, dismissing him from service by taking recourse to the provision of Second proviso to Article 311(2) of the Constitution of India.2. The appellant was posted as Enforcement Sub-Inspector in the District of Gopalganj since 1996. On 12-1-2001, respondent No. 3-Transport Commissioner, issued an order directing the appellant to join at headquarters at Patna within three days from the date of issuance of the order. The said order was served upon the appellant. On 15-1-2001, the appellant jointed in the department at Patna and on the following day, he proceeded on leave without...
Tag this Judgment!Phulwasi Devi @ Phulbasi Devi Vs. Ashan Devi and ors.
Court: Patna
Decided on: Apr-23-2001
P.K. Deb, J.1. This appeal has been preferred by the abovenamed appellant (opposite party 1st Set) against the order dated 2-6-2000 passed by Sri Mahatam Prasad, Sub-ordinate Judge, IX Patna in Misc. case No. 18 of 1996 filed under Order XXI, Rule 99 read with Section 151 of the Code of Civil Procedure for redelivery of possession of the disputed land in question.2. The appellant Phuiwasi Devi filed Title Suit No. 22 of 1987 for specific performance on an agreement for sale regarding the land situationed at plot Nos. 54, 55 and 60 Khata No. 507 of village Dhakanpura (Boring Road), part of holding Nos. 116/108, circle No. 249, ward No. 34 of Patna Municipal Corporation having an area of 8 khatas 11 dhoors. Originally, the land in question was owned by the respondents second set, namely, Bani Dey, her son Debashish Dey and daughter Jayshree Roy, of whom are now residing in Calcutta. Originally, the land in question was purchased by one Banilata Devi, paternal aunt of late Ashish Kumar D...
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