Patna Court July 2001 Judgments
Pramod Kumar Sharma and ors. Vs. State Bank of India and ors.
Court: Patna
Decided on: Jul-04-2001
R.N. Prasad, J.1. Radhe Shyam Sharma was an employee of Respondent-Bank. He was posted on the post of Teller. The petitioner No. 1 is his son and petitioner No. 2 is his wife. He died in harness on 17-11-1993. In the month of January, 1994, petitioner No. 2 filed an application for appointment of her son on compassionate ground. The petition for appointment on compassionate ground was rejected on 4-3-95(Annexure 1). The petitioner No. 2 filed a representation thereafter. On the said representation, an inquiry was made with regard to financial position of the deceased employee by the Deputy General Manager, who submitted a report (Annexure 2). The representation of the petitioner No. 2 was rejected on 11-6-97 (Annexure 3). In the year 1998 she again filed a representation to the Finance Minister which was remitted to the bank for disposal. The said representation was rejected on 30-3-99 (Annexure 4). The petitioners thereafter filed the writ petition on 19-4-2001 for issue of a directi...
Tag this Judgment!Toshan Sah Vs. Jiwachh Sah
Court: Patna
Decided on: Jul-04-2001
Someshwar Nath Pathak, J.1. This second appeal has been preferred against the judgment of the first appeal No. 24/2 of 1985/86 passed by Sri Jagmohan Bir. The defendant of the title Suit No. 54/83 had preferred the first appeal. The appeal was allowed and, therefore, second appeal has been filed by the plaintiff of the suit. It was decreed in his favour by the trial Court.2. The suit was filed for seeking specific purpose of contract. The facts giving rise to the suit in a narrow compass were that on 2-3-1983 there was an agreement between the parties that the suit land would be sold to the plaintiff for Rs. 3000/-. On 4-3-1983 a sale-deed was scribed, presented before the Registrar and registered. It was agreed that the plaintiff shall give Rs. 3000/- to the defendant on 5-3-1983 and then latter shall hand over the registration receipt (equivalent) to the plaintiff, so that he may take out the sale-deed from the registration office, The plaintiff went to tender this amount to the def...
Tag this Judgment!Saraswati Devi and ors. Vs. Baidya Nath Pd. and ors.
Court: Patna
Decided on: Jul-04-2001
Someshwar Nath Pathak, J.1. This Second Appeal is directed agajnst the judgment passed by Sri P. Xaxa, Ist. Additional District Judge. Siwan, in title appeal No. 78 of 1984. The defendants of the title Suit No. 152/10 of 1970/84 are the appellants before this Court. The aforesaid suit was decreed by the trial Court by its judgment dated 30-6-1984. The first appellate Court also confirmed the aforesaid decree and then the defendants of the suit have preferred this second appeal.2. The facts of this case are that one Bala Kamakar the grand-father of Ramlal Kamakar (plaintiff) had mortgaged the suit land in favour of one Prabhu Sah on 20-11-1925. Prabhu Sah died and he was succeeded by his descendants, defendant Nos 4 to 6 of the suit. When the plaintiff went to tender the mortgage money to the defendant second set (4 to 6) on 30-5-69, the latter told the plaintiff-respondent that the deed was assigned to the ancestor of defendants 1 to 3, Brij Bhushan. Then the plaintiff went to tender ...
Tag this Judgment!Tirthanand Singh and ors. Vs. Sk. Zer Mohammad and ors.
Court: Patna
Decided on: Jul-03-2001
Someshwar Nath Pathak, J.1. These two appeals were heard analogous because in both the suits under appeal, issues were identical and the parties were also the same. So this common judgment will govern both these appeals.2. The learned trial Court had decreed the suit (T.S. No. 5 of 1983 and T.S. No. 6 of i 983) and, on appeal being preferred by the defendants of the suit, the first appellate Court reversed the judgment of the trial Court and dismissed the appeal.3. That in a nut-shell, the case of the plaintiff-appellant in both the suits before the trial Court, as mentioned above, was that he had sold the suit land in favour of defendant-respondents for Rs. 3000/- and through a separate agreement, it was agreed by the defendant-respondent that he will reconyey the suit land to the plaintiff-appellant after receiving the consideration money by the 30th Magh 1390 M.S. (Fasli Year); However, when he went to tender the consideration money to the defendant-respondent, the latter failed to...
Tag this Judgment!National Insurance Company Ltd. Vs. Giribala Singh and ors.
Court: Patna
Decided on: Jul-03-2001
Someshwer Nath Pathak, J.1. This Miscellaneous appeal has been preferred by the National Insurance Company against the award passed by the Additional District Judge-IV cum-Claims Tribunal in Claim Case No. 3 of 1987. The Insurance Company has not challenged the quantum of award granted to the claimants of the claim case. It has simply maintained in the appeal that its liability is limited only upto Rs. 50,000/-, as per Section 95(2)(v)(i) of t:he Motor Vehicle Act, 1939.2. In substance, the wife, minor sons and widowed mother of deceased Surendra Kumar Sinha had filed the claim case, alleging therein that the deceased who was riding a Motorcycle was knocked down by trekker bearing Regd. No GHY 1882 driven by O.P. No. 2. An application being preferred by those claimants, the Tribunal, on contest, by all the parties to the case, gave an award of Rs. 3,00,000/- (three lacs) with interest @ 9%, if the amount is paid within three months from the date of order and 12 per cent, if not paid w...
Tag this Judgment!Lakshmi Roy Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-02-2001
Sachchidanand Jha, J. 1. The petitioner is Chairman of the Bihar Public Service Commission. He was appointed on the post on 24-1-1997. On 11-11-2000 he was taken into custody by the CBI in connection with a criminalcase. RC 43 (A)/97/Pat, relating to the irregularities in the Engineering Entrance Examination. At the relevant time the petitioner was Principal, Regional Institute of Technology, Jamshedpur. After the Investigating Agency i.e. CBI failed to submit chargesheet within the period of 90 days the petitioner was granted bail in terms of Section 167(2) Cr. P.C. on 12-2-2001. On the next day. he joined the office purporting to 'resume his duties' with information to the State Government, the Governor etc. In the meantime, after the petitioner was taken Into custody, respondent No. 4 Raja Ram Prasad had been appointed as Incharge Chairman of the Commission till further orders. A dispute arose between the petitioner and respondent No. 4 as to performance of the duties of the Chair...
Tag this Judgment!Ram Pati Mishra and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-02-2001
Narayan Roy, J.1. Heard Mr. Ram Balak Mahto, learned Senior Counsel appearing on behalf of the petitioners, and JC To AAG II for the State.2. Orders, as contained in Annexures 8 and 9, are under challenge.3. It is submitted by learned Counsel appearing on behalf of the petitioners that the authorities without enquiring into the matter as to whether the petitioners were appointed validly in consonance with Articles 14 and 16 of the Constitution, directed not to take work from them and not to pay them salary. It is further submitted by learned Counsel for the petitioners that the petitioners are appointees on Class IV posts of the year 1964 and subsequently, they were regularised pursuant to direction of this Court, as contained in Annexure-3. Now, all of a sudden, directions have been issued asking them not to take work from them and not to pay their salary.4. JC to AAG II, on the contrary, submitted that a large number of irregularities have been found in Chapra Division and a large n...
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