Patna Court April 2001 Judgments
President 42nd MaIn B.P.S.C. Examination Sangharsh Samiti Vs. State of ...
Court: Patna
Decided on: Apr-23-2001
1. This appeal under Clause 10 of the Letters Patent of the Patna High Court is with respect to the order dated 30-3-2000, passed by a learned Single Judge of this Court in C.W.J.C. No. 10610 of 1999 (President, 42nd Main BPSC Examination Sangharsh Samittee, Patna and Ors. v. State of Bihar and Ors.), whereby the writ petition for cancellation of the result of the 42nd Main Bihar Public Service Commission Examination published on 9-10-1999, and also for declaration that the entire process of the examination was illegal, has been dismissed.2. The Bihar Public Service Commission (hereinafter referred to as the 'B.P.S.C') had published an advertisement (Annexure-1 to the writ petition), inviting applications for the 42nd combined (preliminary competitive) examination for different posts. The six writ petitioners were applicants, had appeared at the preliminary test on the scheduled date, and were declared successful. The result of the preliminary test is marked Annexure-2 to the writ pet...
Tag this Judgment!Ramesh Chandra Prasad and anr. Vs. Chancellor and ors.
Court: Patna
Decided on: Apr-19-2001
Narayan Roy, J.1. I have heard Counsel for the parties in all these writ applications.2. In these writ applications, common impugned order of the Chancellor, Patna University, issued vide No. RU-65/98-64/GS dated 8-4-2000 is under challenge, therefore, these writ applications have been heard together and are being dispose of by this common order.3. It appears that in the cases of the petitioner of Civil Writ Jurisdiction Case No. 2969 of 2001 and the petitioners of Civil Writ Jurisdiction Case No. 12405 of 2001, a notification was issued by the Patna University vide notification, contained in memo No. G/163 dated 31-3-2000 in the light of order dated 30th March, 2000 passed by this Court in Civil Writ Jurisdiction Case No. 10671 of 1999 as well as in the light of the resolution of syndicate of Patna University dated 29-7-1999 accepting the notification of the Bihar State University (Constituent Colleges) Service Commission, regarding shifting/revision of the date of promotion of these...
Tag this Judgment!Lal Babu Priyadarshi and anr. Vs. Badshah Industries and ors.
Court: Patna
Decided on: Apr-19-2001
1. With the consent of the parties , this appeal was finally heard at the stage of hearing of stay matter, and is being disposed of at this stage itself. 2. This appeal under Section 72(2) of the Copyright Act, 1957, (hereinafter referred to as 'the Act') has been filed against the order dated 29-9-2000, passed by the Copyright Board (for short 'the Board') at Calcutta, allowing the petition filed by respondent No. 2 for rectification of the Copyright Register by expunging the entry relating to artistic work No. A-J 3875/97, issued in favour of appellant No. 1. Proprietor of Shri Om Perfumery, having its office and business in the town of Patna. 3. The appellants filed an appeal against the said order earlier before the High Court of Judicature at Calcutta. An objection was raised on behalf of respondents No. 1 and 2 that the appeal was not maintainable due to lack of territorial jurisdiction. The objection was upheld. Thereafter, the present appeal has been filed. 4. Appellant No. 1...
Tag this Judgment!Rajmuni Devi and ors. Vs. Jogendra Raut @ Yogender Yadav and ors.
Court: Patna
Decided on: Apr-18-2001
S.N. Pathak, J.1. This Miscellaneous Appeal is directed against the order passed by Shri P.N. Shukla, 2nd Additional District Judge, Siwan, in,Miscellaneous case No. 4 of 1989 (Title Appeal No. 14/89). The impugned order was passed on an application dated 4-10-1989 preferred by Yogendar Yadav, one of the respondents before this Court, who was appellant in the appeal referred to above.2. The relevant facts are that in the aforesaid appeal, there was an application filed by Yogendar Yadav earlier that the suit under appeal and the appeal both had abated because the subject-matter of the suit and the appeal were the subject-matter of Consolidation proceedings. The application was earlier rejected by the appellate Court. However, there was a review petition by Yogendar Yadav on 4-10-1989 and this was registered as miscellaneous case in which the impugned order has been passed. The Additional District Judge allowed the review petition and held that both the appeals and the suit had abated....
Tag this Judgment!Ajay Kumar Vs. Canara Bank and ors.
Court: Patna
Decided on: Apr-16-2001
1. This appeal is directed against the order dated March 8, 2001, passed by a learned single Judge in C.W.J.C. No. 918 of 2001, rejecting the claim of the appellant for appointment on compassionate ground. 2. Two writ applications being C.W.J.C. No. 13522 of 2000 and C.W.J.C. No. 918 of 2001 were filed for appointment on compassionate ground. The former was filed by one Sanjeev Kumar Sinha against the State Bank of India, whereas the latter was filed by appellant- Ajay Kumar against the Canara Bank. Both the writ applications were heard together and disposed of by a common order dated March 8, 2001 by the learned single Judge, whereby he allowed the claim of Sanjeev Kumar Sinha (C.W.J.C. No. 13522/2000), but rejected the claim of the appellant in C.W.J.C. No. 918/2001 for his appointment on compassionate ground. The appellant is aggrieved by the order rejecting his claim for appointment on compassionate ground. 3. The admitted fact is that the father of the appellant, namely, late Shi...
Tag this Judgment!Malti Kumari Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-16-2001
1. Whether a divorced daughter of a Government servant dying in harness is entitled to appointment on compassionate ground is the significant question which arises for consideration in this letters patent appeal. A learned Single Judge of this Court has dismissed the writ petition of the appellant whereby she had sought direction for her appointment on compassionate ground, observing that a married daughter is not one of the dependants of the deceased government servant in terms of the circular and the claim of the appellant that she is not on good terms with her husband is a pretext to get appointment. The appellant filed review petition being Civil Review No. 203 of 2000 pointing out, inter alia, that a competent Court has already granted decree of divorce. The learned Single Judge dismissed the review petition observing that the divorced daughter cannot be equated as unmarried daughter. He noted that no averment regarding any decree of div'orce by the competent Court had been made ...
Tag this Judgment!Post Master, G.P.O., Patna Vs. Dr. Prateep Kumar
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Apr-16-2001
A.N. Chaturvedi, President: 1. This appeal by the opposite party is directed against an order dated 26.9.1994 passed by District Forum, Patna, in Complaint Case No. 817 of 1992 whereby the District Forum has directed the opposite party-appellant to pay a sum of Rs. 3,000/- as compensation to the complainant. 2. It appears that the complainant (respondent in this appeal), filed a complaint before the District Forum alleging non-delivery of two registered parcels bearing Registration Nos. 118 dated 26.3.1992 and 4382 dated 2.6.1992 sent to him by post from New Delhi by the Joint Registrar, Indira Gandhi National Open University. As per allegation in the complaint petition, the said registered parcels contained study materials concerning the course Diploma in Distance Education. The first registered parcel dated 26.3.1992 was sent back to Indira Gandhi National Open University with the report that the recepient had left when in fact the recepient was working there. The second registered p...
Tag this Judgment!State of Bihar and ors. Vs. Vijay Kumar Jha and ors.
Court: Patna
Decided on: Apr-12-2001
1. The appeal under Clause 10 of the Letters Patent of the Patna High Court has been preferred against the order dated 28-6-2000, passed by a learned Single Judge of this Court in CWJC No. 4563 of 1998 (Vijay Kumar Jha v. State of Bihar), whereby the appellant (the State of Bihar) has been directed to consider the claim of the three petitioners for regularisation against sanctioned posts.2. The three petitioners claim to be working on daily wages as class IV employees in the Revenue and Land Reforms Department, Government of Bihar, since 1983, and pray that the State Government may be directed to regularise their services against sanctioned class IV posts. They had earlier moved this Court for the same relief by preferring CWJC No. 10791 of 1994 (Vijay Kumar Jha v. State of Bihar) and the analogous writ petitions. The case of the petitioners was that a panel was prepared for appointment against class IV posts after advertisement and following the selection process. The stand of the St...
Tag this Judgment!State of Bihar and ors. Vs. Oswal Chemicals and Fertilizers Ltd. and o ...
Court: Patna
Decided on: Apr-12-2001
Nagendra Rai, J.1. The State of Bihar and its officers, namely, the Agriculture Production Commissioner and Director of Agriculture are the appellants and they have filed the present appeal under Clause 10 of the Letters Patent of the Patna High Court against the order dated 22-6-1999, passed by a learned Single Judge, by which, he has set aside the orders passed by the Ropistering authority and the appellate-authority under the provisions of the Fentnsosen (Control) Order, 1985, (hereinafter referred to as the 'Control Order), cancelling the certificate of registration granted to the respondents to carry on the business of selling fertiliser under E.C.A. quota as a wholesale dealer in the State of Bihar.2. Respondent No. 1 is a Company registered under the Companies Act and respondents No. 2 and 3 are the Director and employee of the said Company. They fifed for writ application for quashing the order dated 29-3-1999 passed by appellant No of the Agriculture Production Commissioner d...
Tag this Judgment!Pappu Mehtar Vs. Subash Prasad Yadav and anr.
Court: Patna
Decided on: Apr-11-2001
P.K. Deb, J.1. This appeal has been preferred against the judgment and order dated 24.1.1998 passed by the then Additional District Judge-cum-3rd Additional Claims Tribunal, Bhagalpur in Claim Case No. 37 of 1992 whereby the Tribunal has dismissed the claim case but without cost.2. The admitted position remains that the younger brother of the appellant, namely, Prem Mehtar died in a motor accident and the claim case was filed by the appellant seeking compensation to the tune of Rs. 2,00,000. It was also an admitted fact that the deceased was aged about 17 years and he was earning by doing private work as a sweeper and it is also in evidence that as per his contribution, his sister was married 10 years ago from the date of the accident. Regarding compensation, the learned Tribunal held that accident occurred due to negligence of the driver and the vehicle concerned was at the relevant time insured with the respondent No. 2, New India Assurance Co. Ltd. The income of the deceased was al...
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