Patna Court August 2001 Judgments
Arun Kumar Vs. Allahabad Bank and ors.
Court: Patna
Decided on: Aug-31-2001
R.N. Prasad, J. 1. The petitioner was posted as Assistant Manager at Karahani Branch during the period July, 1994, to July 1996. It was detected that the petitioner committed certain acts of omission and commission during the period of his posting at Karahani Branch. A disciplinary proceeding was initiated for the same. Charge-sheet was furnished to him. The charge was that he misused his official position and acted with mala fide intention, paid large amounts to a family pensioner far in excess of pension amount payable to her and claimed excess amounts from the Government Treasury in the name of other pensioners of the Branch, he paid pension amount to the person knowing that he was not pensioner and was not entitled to any amount of pension. He disbursed arrears of pension twice to certain pensioners with full knowledge of the facts that like amount of pension/commutation of pension was already paid to the pensioners through the vouchers prepared by him. Inspite of furnishing of c...
Tag this Judgment!Balkrishna Singh Vs. the Indian Oil Corporation Ltd. and ors.
Court: Patna
Decided on: Aug-31-2001
R.N. Prasad, J.1. The petitioner has moved this Court for quashing the order dated 1 -8-1996, Annexure-1, whereby the service of the petitioner has been terminated from the date of issue of the letter.2. The relevant facts of the case are that the petitioner filed an application pursuant to the advertisement published in October, 1992 by the Indian Oil Corporation Ltd.; for appointment claiming to be by caste Kharwar, scheduled Tribe. The petitioner appeared in the written test as well as interview. He was offered for appointment on the post of Operator 'D' (Production Trainee) vide letter dated 17-2-1993, Annexure-5, on a stipend of Rs. 600 per month. In the said letter it was categorically mentioned that his appointment is provisional and is subject to the caste/tribe certificates being verified through the proper channels and if the Certification reveals that the claim to belong to Scheduled Caste or Scheduled Tribe, as the case may be, is false, the services would be terminated fo...
Tag this Judgment!Alakhraj Devi and ors. Vs. Ram Surith Singh and ors.
Court: Patna
Decided on: Aug-31-2001
S.N. Pathak, J.1. This second appeal is directed against the judgment dated 27th July, 1987 passed by the Sub-Ordinate Judge- IV, Aurangabad, in Tittle Appeal No. 13 of 1982/1 of 1987, whereby the learned Sub-ordinate Judge confirmed the judgment passed by the Additional Munsif, Aurangabad, in Title Suit No. 105 of 1979/136 of 1980. The plaintiffs of the suit were the appellants in the lower Court and they are the appellants before the Court as well.2. The case of the plaintiff-appellants, in substance, was that Plot Nos. 315, 323,324 and 325 were the lands of one Lakhmini Kuer, mother of the plaintiffs. She transferred 1 Katha 1 Dhur and Dhurki of land out of Plot No. 315 to Jagdeo Singh, father of defendant Nos. 1 and 2, who has joint with his brother Hit Narayan Singh. She also transferred 3 Katha 15 Dhurs of land out of plot Nos. 323, 324 and 325 to the joint family of Jagdeo Singh and his brothers and the aforesaid land was in possession of defendant Nos. 1 to 3 who are in the de...
Tag this Judgment!Bal Mukund Jha Vs. the Bihar State Electricity Board and ors.
Court: Patna
Decided on: Aug-31-2001
R.N. Prasad, J.1. The petitioner was an employee of the Bihar State Electricity Board, He was posted as Personnel Officer. He retired from service with effect from 31-12-1996. The petitioner filed a writ petition being C.W.J.C. No. 6551/96 making prayer therein to grant him promotion on the post of Deputy Director (Personnel) as junior to him was granted promotion. The said writ petition was disposed of on 20-4-1998, Annexure-2. The relevant portion of the order is quoted here-in-below:this Court is of the view that if charge-sheet has been issued against an employee or the charge has been found against any such employees in any criminal Court, then in such cases the consideration of the case of an employees for his promotion can be deferred but not in any other case. Here it is not the case of the respondent Board that during the tenure of service of the petitioner, any charge-sheet was served upon him or any charge-sheet was found against him in a Court of law in any criminal procee...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Fida HussaIn and anr.
Court: Patna
Decided on: Aug-30-2001
Radha Mohan Prasad, J.1. Heard the learned Counsel for the appellant and the learned Counsel appearing for respondent No. 1.2. In this appeal, the appellant insurance company has assailed the validity of the order dated 10.3.1999 passed under Section 140 of the Motor vehicles Act directing payment of Rs. 50,000 as interim compensation by issuing cheque in the name of the claimant, Fida Hussain, the father of the deceased, within 60 days from the order, failing which he will also become entitled to receive interest on the said amount at the rate of 16 per cent per annum from the date of the order.3. It has been submitted on behalf of the appellant that in absence of a claim by filing application for compensation under Section 166 of the Motor Vehicles Act, the claim under Section 140 cannot be entertained independently. In support of this, learned Counsel for the appellant has relied upon a decision of the learned single Judge in the case of Oriental Insurance Co. Ltd. v, Chulchul Dev...
Tag this Judgment!Raghu Nath Singh and ors. Vs. Siabar Singh and ors.
Court: Patna
Decided on: Aug-30-2001
Someshwar Nath Pathak, J.1. This second appeal is directed against the judgment dated 8th April, 1987, passed by the 2nd Additional District Judge, Gopalganj, in Title Appeal No. 60 of 1983/6 of 1986. By the aforesaid judgment the appellate Court dismissed the appeal filed by the plaintiffs of the Title Suit No. 68 of 1971. The trial Court dismissed the suit of the plaintiffs. So the appellants lost in both the lower Courts and then they have filed this second appeal.2. I find that in this second appeal, substantial question of law, formulated for decision was 'Whether the compromise decree passed in Title Suit No. 82 of 1947 will bind the plaintiffs and Defendant Nos. 1 and 2 irrespective of the fact as to whether the acquisition of the property was not by a registered deed.'3. The relevant facts relating to the issue of law formulated by this Court are worth mentioning. The case of the plaintiff- appellants was that one Satya Narayan Singh was the common ancestor of the plaintiffs a...
Tag this Judgment!Dr. Kedar Nath and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-29-2001
Aftab Alam, J.1. Except for the difference in the subjects of teaching these two writ petitions are exactly similar on all material points. These two cases were, therefore, heard together and are being disposed of by this common judgment.2. There are two petitioners in CWJC No. 8668 of 2000 and the controversy in this case relates to appointment to the post of tutor in Bio-chemistry; in CWJC No. 8715 of 2000 there is a single petitioner and it arises from a dispute regarding appointment as tutor in Forensic Medicine and Toxicology. The petitioners in both the writ petitions seek to challenge Notification No. 493(17)/Heath issued by the Deputy Secretary to the Government in the Department of Health, Medical Education and Family Welfare on 25.8.2000. A copy of this notification is at Annexure-6 in CWJC No. 8668 of 2000 and at Annexure-1 in CWJC No. 8715 of 2000. By this notification the Government decided to put to end the system of placing medical officers on deputation and cancelled w...
Tag this Judgment!Lakhan Lal and ors. Vs. Union of India (Uoi)
Court: Patna
Decided on: Aug-29-2001
Someshwar Nath Pathak, J.1. This second appeal-is directed against the judgment passed by the 1st appellate Court in Money Appeal No. 5/78 affirming the judgment of the trial Court passed by Munsif, Barn, in Money Suit No. 225/70.2. The case of the plaintiff-appellants was that the plaintiff-firm had despatched a consignment of 301 bags of Khesari dal at Barh Railway Station on 3-5-1969. This consignment reached its destination at Calcutta on 13th June, 1969 and was delivered on 18th June, 1969, as a result of which prices of Khesari dal fell down causing loss to the plaintiffs of Rs. 2738.19 paise. The appellants sustained this loss on account of sale of the consignment on a price less than what could have been fetched if the consignment had reached its destination in time. Further case of the plaintiff-appellants was that normally time of reaching the consignment from Barh to Calcutta was 1 1/2 months. However, on account of the negligence on the part of the Railway employees, the c...
Tag this Judgment!Ramlayak Ram and ors. Vs. Umrawati Devi and ors.
Court: Patna
Decided on: Aug-28-2001
S.N. Pathak, J.1. This miscellaneous appeal is directed against the judgment passed by Mr. Ajay Srivastava, Additional District Judge-I, Rohtas at Sassaram-cum-Claims Tribunal, in M.V. Claim Case No. 36 of 1993. The claim of the appellants for compensation on account of the death of Dharamchandra Kumar, their son, was rejected by the Tribunal; and hence this appeal.2. The relevant facts are that on 10th January, 1993 the deceased Dharamchandra Kumar, a student of Class IX, along with one Umesh Kumar, was proceeding on a bicycle from village Jagadeeh. When they reached the village Purnadeeh on the metalled road a truck bearing the registration No. BR 13H 9325 coming from the opposite direction dashed the cyclists as a result of which Dharamchandra Kumar died and his companion Umesh Kumar was thrown off the cycle. The deceased was earning a monthly income of Rs. 1,500/- by running a laundry. The applicants (appellants before this Court) had examined six witnesses. But of whom RW. 1 was...
Tag this Judgment!Mohammad MohiuddIn Siddiqui and ors. Vs. Karuna Rai and ors.
Court: Patna
Decided on: Aug-28-2001
Someshwar Nath Pathak, J.1. This miscellaneous appeal is directed against the judgment passed by the Claims Tribunal in Claim Case No. 99 of 1986/94.2. The aforesaid claim case was filed by one Md. Mohiuddin Siddiqui along with his wife, his minor sons and daughters and their case, inter alia, was that on 13.5.1986 at 12 noon Md. Siddiqui was travelling in a bus bearing registration No. BRZ 9394. When the bus reached near Suara Aerodrome, a truck coming from opposite direction came and crossed close to the body of the bus resulting in the amputation of the right hand of the claimant Siddiqui. The right hand of the injured was chopped off from the elbow portion. The injured was carried to Bose Clinic at Dehri and he suffered permanent disability. The claimant had examined several witnesses on the basis of which the court held that, of course, there was an accident involving the bus and the truck, but since the injured was dangling his right hand out of the window of the bus, it was his...
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