Patna Court September 2001 Judgments
Binay Kumar Singh and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-06-2001
Narayan Roy, J.1. Heard learned Counsel for the parties.By this writ application, the petitioners have prayed for quashing of order, as contained in Memo No. 781 dated 12-6-2000, whereby and whereunder petitioner No. 1 has been terminated as also direction has been given for recovery of the amount paid to him, and the order, as contained in Memo No. 789 dated 12-6-2000, whereby and whereunder petitioner No. 2 has been terminated and direction have been given for recovery of the amount paid to him.2. It is submitted by learned Counsel appearing on behalf of the petitioners that petitioner No. 1 appointed as Clerk and petitioner No. 2 was appointed as Peon on the basis of the recommendations of the Divisional Establishment Committee and names were called for from the Employment Exchange and on the basis thereof, the petitioners applied and they were interviewed and were finally selected by the Divisional Establishment Committee and, accordingly, they were appointed to the aforesaid post...
Tag this Judgment!Suresh Narayan Singh Vs. Hari Babu Pathak
Court: Patna
Decided on: Sep-05-2001
P.K. Sinha, J.1. This is an application under Section 482 of the Criminal Procedure Code ('the Code', in short) preferred by Sureshwar Narayan Singh, accused in Complaint Case No. 644(c) 96, brought by the complainant, opposite party No. 1 Hari Babu Pathak, for quashing the order dated 17-8-1996 recorded by Shri N.N. Singh, Judicial Magistrate, 1st Class at Patna, whereby and whereunder the learned lower Court finding that there were materials on the record to proceed with the case under Section 420 of the Code, ordered for issuance of summons against the petitioner.2. The facts in the case, in short, are that the aforesaid complaint was filed with allegation that the accused had given certain plots to a private builder-company situated at, Ashok Raj Path, Patna. After construction of the aforesaid market-cum-residential complex, the petitioner accused also got some shops in his share, who induced the complainant to purchase Shop No. 2 on ground floor and a deed of agreement in that r...
Tag this Judgment!Sunil Agarwal and ors. Vs. the State of Bihar and anr.
Court: Patna
Decided on: Sep-05-2001
P.K. Deb, J.1. Prosecution lodged by filing Complaint Case No. 396(C)/1998 by the Opposite Party No. 2 has been sought to be quashed by filing this petition under Section 482 of the Code of Criminal Procedure.2. Admittedly the petitioners being the Officers of M/s Mittal Marketing and Sales Corporation had entered into an agreement with the Hindustan Antibiotic Limited (in short HAL) as handling agent for having a godown at Patna to retain the stocks of medicine and as per the instructions of the HAL, the goods are to be supplied to the customers as per the direction of the HAL. According to the petitioners, some of their dues were not paid by the HAL. On the other hand, the HAL had different grievance against the petitioners to the effect that they were preparing false bills etc. etc. For an amount which allegedly was due to the petitioners, a huge stock in the godown of the petitioners had been allegedly consumed by the petitioners and according to the complainant-opposite party No....
Tag this Judgment!The State of Bihar and ors. Vs. Ganga Bishun Mahto and ors.
Court: Patna
Decided on: Sep-05-2001
Nagendra Rai, J.1. The appeal is barred by limitation.2. After having heard learned Counsel for the parties and taking into consideration the averments made in the limitation petition, the delay in filing this appeal is condoned.3. This appeal is directed against the order dated 18-4-2001 passed in CWJC No. 3934 of 2001 by a learned Single Judge of this Court allowing the writ application filed by the writ petitioner respondent No. 1, herein, and directing the appellants to issue necessary sanction order for payment of remaining 10% of the amount of pension and gratuity and the full amount of G.P.F. to him and also to sanction commutation of pension within the period specified in the order failing which the concerned officer will not draw his salary till the compliance of the order passed by him and he shall be liable to pay cost of Rs. 1,000/- to respondent No. 1 from his own pocket.4. The facts necessary for disposal of the present application are that respondent No. 1 Ganga Bishun ...
Tag this Judgment!North Bihar Chamber of Commerce and Industries and ors. Vs. State of B ...
Court: Patna
Decided on: Sep-04-2001
Sachchidanand Jha, J. 1. In these two writ petitions on behalf of North Bihar Chamber of Commerce and Industries which is an association of persons carrying on trade, business or industry, and two of its members who are partners in wholesale and retail cloth business having shops at Muzaffarpur, the petitioners are aggrieved by the revised rate of minimum wages fixed under the Minimum Wages Act, 1948 (in short 'the Act'). Under challenge are the notification dated October 30, 1989 in CWJC No. 580 of 1990, and dated July 19, 1993, in CWJC No. 11130 of 1993, enclosed as Annexure-1 to the writ petitions in both the cases. 2. A brief introduction of the Act so far as relevant for the purpose of these cases may be appropriate at the outset. The Act has been enacted for fixing minimum rates of wages in the scheduled employments specified in the schedule appended to the Act under Section 3 which is the charging Section of the Act. The appropriate Government is empowered to fix minimum rates...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Suresh Kumar and ors.
Court: Patna
Decided on: Sep-04-2001
S.N. Pathak, J.1. This miscellaneous appeal has been filed by Oriental Insurance Co. Ltd., opposite party No. 3 of the Claim Case No. 14 of 1993.2. The relevant fact was that the claimants of the aforesaid claim case had preferred an application under Section 166 of the Motor Vehicles Act, 1988, for compensation on account of the death of his minor child, 4 years old, who was allegedly killed in an accident that occurred on 7.5.1993. The accident was caused by a motor vehicle bearing registration No. BPK 6874. The Claims Tribunal decided the claim of the applicant Suresh Kumar on the basis of evidence adduced and directed the appellant company to pay compensation of Rs. 1,55,000 with interest at the rate of 12 per cent per annum from 31.5.1993 till realisation.3. The appellant before me submitted that the learned Tribunal adopted a wrong approach in calculating the amount of compensation. The alleged accident took place in the year 1993 when the Motor Vehicles Act, 1988, was in force ...
Tag this Judgment!Smt. Rina Roy and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-04-2001
Narayan Roy, J.1. Heard Counsel for the parties.2. By this writ application, the petitioners have prayed for issuance of a direction upon the respondents to consider their case for appointment to the post of Teachers (Home Science) in different secondary schools of the State of Bihar for which they have been selected by respondent No. 4, Vidyalaya Seva Board (hereinafter referred to as 'the Board') in the recruitment test conducted pursuant to Advertisement No. 2/91 dated 1-1-1991.3. It is submitted by learned Counsel for the petitioners that the petitioners were selected for appointment to the post of Teachers (Home Science) in different nationalised secondary schools by the Board and their names were shown in the panel as successful candidates. It is further submitted that respondent No. 4 recommended the case of the petitioners and other successful candidates for appointment to the post of Teachers (Home Science) but somehow or the other, the matter is being delayed by the appointi...
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