Patna Court May 2001 Judgments
Dhruva Kumar Srivastava Vs. Chairman, B.S.E.B.
Court: Patna
Decided on: May-30-2001
Radha Mohan Prasad, J.1. In this writ petition, petitioner is aggrieved on account of delay of almost 11 years in finalising his application for commutation of pension vide letter No. 1249 dated 30-8-1999 and consequently denial of second commutation of pension after 10 years due in the year 1999 itself, besides denial of condonation of shortage of 3 months 19 days for qualifying 20 years of service which would have raised the service period to 25 years.2. In short, the case of the petitioner is that while he was in service of the Board as Executive Engineer and was not being given any job he opted for voluntary retirement in the year 1988 and after four months, he was sanctioned pension vide PPO No. 572 dated 17-11 -1988. He applied for commutation of his pension but was finally allowed vide letter No. 1249 dated 30th August, 1999 by the Respondent-Board without any interest and on the basis of shorter period of service rendered by him, which has further denied him of second commutat...
Tag this Judgment!Awadhesh Prasad Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: May-30-2001
Radha Mohan Prasad, J.1. In this writ petition, prayer is to issue a writ of mandamus or any other appropriate writ or direction commanding the Respondents to pay the petitioner the amount deposited in the G.P.F. accounts with interest @ 18%, interest at market rate on delayed payment of post-retirement benefits, namely, pension, gratuity, leave encashment and to quash that part of the impugned order dated 9-3-1999, contained in Annexure-1, whereby and whereunder a sum of Rs. 49,844.50 from the amount of unutilised earned leave salary has been deducted. Petitioner has filed application for amendment in which he has challenged the validity of the order dated 4-11-1999 (Annexure-23) rejecting his representation dated 7-6-1999 against the impugned order dated 9-3-1999 (Annexure-1).2. In short, the relevant facts are that the petitioner retired from the post of Registrar, Finance Department with effect from 31-1-1995 and submitted his relevant papers for payment of post-retirement benefit...
Tag this Judgment!Umeshwar Singh and anr. and Vs. State of Bihar and anr.
Court: Patna
Decided on: May-18-2001
A.K. Sinha, J.1. Both these appeals were heard together as both of them arise out of the common judgment passed by 4th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 4 of 1981, whereby he convicted the appellants, namely, Indra Mohan Jha, Narendra Singh and Surendra Singh under Sections 302/34 of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for life. During the pendency of the appeals the appellant No. 1, Umeshwar Singh of Criminal Appeal No. 370 of 1991, died and as such the appeal against him abated.2. In short, the prosecution story, as unfolded in the fardbeyan of Ram Kumar Singh recorded by ASI of Sadar Police Station. Muzaffarpur on 7-4-1978 at 1.00 p.m. at Sadar Hospital, Muzaffarpur, is that, about 15 days prior to the alleged occurrence, the informant was going on a bullock cart through the field of Mahanth Ram Chandra Das, when Harendra Singh @ Nanhki became ready to quarrel with him at the instance of Genesh Singh and Mathu...
Tag this Judgment!Syeda KamruddIn Ashraff Vs. Bibi Syed Khatoon and ors.
Court: Patna
Decided on: May-17-2001
S.K. Katriar, J.1. This application under Order XXIII, Rule3 of the Code of Civil Procedure has been preferred by respondent No. 1 of F.A. No. 285 of 1980 (Syeda Kamruddin Ashraffv. Bibi Syeda Khatoon and ors.), challenging adjustment of the appeal which has ended in a compromise between the parties vide order dated 9-4-1997.2. This application has been filed by the respondent No. 1 of the appeal who was a co-plaintiff. I shall go by the description of the parties occurring in the appeal. Respondent No. 1 had instituted Title Suit No. 157/69/160/76 along with others which was decreed by judgment dated 4-2-1980, and the plaintiffs were given about 90% of the suit property which is a plot of land in the township of Patna measuring about 80 decimals of land. The defendants preferred the present F.A No, 235 of 1980 in this Court. The plaintiffs are the respondents in the appeai. Some of the respondent died during the pendency of the appeal and the heirs have been substituted. The responde...
Tag this Judgment!Ram Nandan Prasad and anr. Vs. Ram Bilas Yadav
Court: Patna
Decided on: May-16-2001
S.K. Katriar, J.1. The plaintiffs are the appellants against a judgment of reversal. This appeal is directed against the judgment dated 30-1-1997, and the consequential decree, passed by learned Additional District Judge V, Aurangabad, in Title Appeal Nos. 33 of 1989/9 of 1992/26 of 1996 Ram Bilas Yadav v. Ram Nandan Prasad and Anr. whereby he has set aside the judgment dated 11-4-1989, and the decree dated 21-4-1989. passed by learned Additional Munsif III, Aurangabad, in Title Suit No. 48 of 1983/57 of 1989 Ram Nandan Prasad and Anr. v. Ram Bilas Yadav. The learned Munsif had decree the suit, declared the title and possession of the plaintiffs, and permanently injuncted the defendant from going upon the disputed properties. Hence, the plaintiffs appeal. We shall go by the description of the parties in the trial Court.2. This suit was originally brought against the sole defendant in respect of 14 acres of land bearing Plot No. 45, Khata No. 41, of village Teterya, P.S. Nabinagar dist...
Tag this Judgment!Kanhai Rai and ors. Vs. Dharampal and ors.
Court: Patna
Decided on: May-16-2001
Nagendra Raj, J. 1. The appellants have filed the present appeal under Clause 10 of the Letters Patent of the Patna High Court against the order dated 22-8-2000, passed by a learned single Judge, by which he has allowed the appeal (M.A. No. 494 of 1999) filed by the New India Assurance Co. Ltd. (respondent herein) against the order dated 25-6-1999 passed by the Motor Accidents Claims Tribunal (for short 'the Tribunal') under Section 140 of the Motor Vehicles Act 1988, (hereinafter referred to as 'the Act') directing it to pay the Interim compensation on no fault basis and further held that the Insurance Company is not liable to pay the interim compensation under the aforesaid section and it is the owner alone who is liable to pay the same. 2. The facts giving rise to the present appeal lie in a narrow compass. Respondent Dharampal owned a truck bearing registration No. DL-1 G-A/9319. On 18-8-1997, he look an Insurance Policy from respondent No. 2 in terms of the provisions of the Act...
Tag this Judgment!Rajendra Prasad Mandal Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: May-16-2001
Shiva Kirti Singh, J.1. The sole petitioner is presently an Assistant (Tech) in the Regional Development Office of Central Silk Board (hereinafter referred to as 'the Board'), Patna. He has prayed for quashing of memorandum dated 10-8-1999 contained in Annexure-1 whereby his representation for promotion to the post of Assistant Superintendent (Tech) has been rejected. His further prayer is to command the respondents to promote him to the aforesaid post from the date when respondent No. 7, a junior of the petitioner, was granted such promotion, along with all consequential reliefs.2. It is not in dispute that petitioner is senior to respondent No. 7 and had the petitioner not been awarded and communicated the adverse remarks contained in Annexure-4 dated 1-3-1996, he may have been selected for the promotion in question for which the Departmental Promotion Committee (DPC) met on 25-6-1999. From Annexure-1, The memorandum under challenge in this writ application, it is clear that petitio...
Tag this Judgment!Chandrama Tiwary Vs. the Bihar State Electricity Board and ors.
Court: Patna
Decided on: May-15-2001
Radha Mohan Prasad, J.1. In this writ petition, the petitioner is aggrieved on account of complete the part of the respondents authorities of the Bihar State Electricity Board (in short 'the Board') in deciding his claim relating to commutation of pension and payment of the amount of leave encashment.2. The petitioner retired from the service of the Board on 31-1-2001. The Board, vide its resolution No. 1319 and 1321 dated 26-5-1999, which disagreeing with the report of the inquiry officer in respect of charge No. 2 and also after change No. 1 has held the petitioner guilty and imposed him with the punishment of compulsory retirement from the Board's service with immediate effect. The petitioner filed C.W.J.C. No. 5602 of 1999 in this Court challenging the validity of the said resolutions. This Court, vide order dated 3-7-2000, contained in Annexure 2, quashed the said resolutions and remitted the matter back to the respondents authorities for passing fresh order after complying with ...
Tag this Judgment!The Bihar State Housing Board and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: May-14-2001
1. These two appeals under Clause 10 of the Letters Patent of the Patna High Court arise out of a common judgment dated 31-1-2001, passed by a learned Single Judge of this Court, whereby he has allowed the two writ petitions before him and has directed the authorities to regularise the services of the petitioners by completing the formalities, if any, within two weeks of the receipt/production of a copy of the judgment.2. L.P.A. No. 240 of 2001 is in respect of C.WJ.C. No. 11952 of 1999, wherein six petitioners joined together and prayed for quashing of item No. 20 of the resolution of the Bihar State Housing Board (hereinafter referred to as 'the Board') passed in its 187th meeting held on 27-9-1999 (Annexure-5 to C.WJ.C. No. 10596 of 1999), which is to the effect that the work from the petitioners may be taken on contract basis w.e.f. 1-11-1999 as per the need. It was further prayed for a direction to the respondents-appellants to regularise the services of the petitioners-responden...
Tag this Judgment!Farhana Nasreen and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: May-11-2001
P.K. Deb, J.1. This petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of the order dated 12-10-1999 passed by the Judicial Magistrate, Katihar in Complaint Case No. 13/99 taking cognizance of the offences under Sections 120B, 406, 420 and 468 of the Indian Penal Code against the petitioners and notices have been sent to the petitioners.2. Petitioner No. 1. Farhana Nasreen is the wife of petitioner No. 2, Md. Mohiuddin. Petitioner No. 1, Farhana Nasreen owns and possesses land as depicted in the complaint case in the Katihar town. Petitioner No. 1 had executed a power of attorney in favour of her husband, petitioner No. 2 and that petitioners had appointed one Phool Khan (who happens to be accused No. 1 in the case and not the petitioner) as their caretaker at Katihar, since the petitioners reside at Docrdarshan Road-Rourkela, Orissa. As per the complaint petition, in the month, of May, 1998, the complainant entered into an oral contract at the in...
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