Patna Court January 2002 Judgments
Bam Shankar Singh Vs. Bihar School Examination Board and ors.
Court: Patna
Decided on: Jan-24-2002
R.N. Prasad, J.1. The father of the petitioner, late Baleshwar Prasad Singh, was employee of Bihar School Examination Board, He died in harness on 21-3-1992. After death a petition was filed by one Jitendra Kumar, nephew of the late employee for appointment on compassionate ground. The said petition was considered and was rejected vide resolution of the compassionate committee dated 24-9-1997 as it was not in order. Moreover, nephew of the employee does not come within the purview of appointment on compassionate ground. The petitioner claiming to be son of the late employee filed an application on 8-2-1997. In the order, it has been stated that the claim of the petitioner abbut filing of the petition on 8-2-1997 is not correct. Accordingly, claim of the petitioner was rejected vide order dated 10-11-2001, Annexure-1. The petitioner ftas thus filed writ petition for quashing the order, Annexure-1, and for issuance of direction for appointment on compassionate ground.2. The whole objec...
Tag this Judgment!The Bihar State Financial Corporation and ors. Vs. A.K. Films and anr.
Court: Patna
Decided on: Jan-23-2002
Nagendra Rai, J. 1. The Bihar State Financial Corporation (hereinafter referred to as 'the Corporation') and its officers are appellants against the judgment dated 19.5.2000 passed by the learned Single Judge, by which he has quashed the order, dated 1.4.1995 issued by the Assistant General Manager (Z-VI) of the appellant-Corporation, rejecting the prayer of the respondent-Firm to give benefit of One Time Settlement Scheme (for short 'O.T.S. Scheme') dated 24.5.1995 issued by the appellant-Corporation as well as the notice asking the respondent-Firm to pay 25% of balance outstanding dues within one week, otherwise, assets of it would be sold. The learned Single Judge also directed the appellant to consider the case of O.T.S. on the basis of dues as it stood against the respondent-Firm on 1.4.1995, on which date the order of rejecting its claim under O.T.S. was passed. 2. The facts necessary for disposal of the present appeal are that one Arvind Kumar Sinha started a firm in the name...
Tag this Judgment!Sanjay @ Sanjay Kumar Yadav Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-23-2002
Narayan Roy, J.1. Heard Dr. Amrendra Kumar No. 1, learned Counsel for the petitioner and learned G.P. 9 for the State and also considered the counter-affidavit filed on behalf of the respondents.2. By this writ application the petitioner has prayed for issuance of a writ of mandamus commanding upon the respondents to appoint him on compassionate ground as his grand father died in harness.3. Short facts giving rise to this writ application are as follows. Grand father of the petitioner died in harness on 8-1-2001. The petitioner thereafter filed an application before the competent authority for his appointment on compassionate ground on account of the death of his grand father as he was the sole surviving dependent as father of the petitioner pre-deceased his grand father on 21-6-99. The application filed by the petitioner was scrutinised and respondent No. 5 forwarded the same to respondent No. 3 vide letter No. 246 dated 28-2-2001. The application filed by the petitioner, however, wa...
Tag this Judgment!Most. Nirmala Devi and ors. Vs. Virendra Kumar Tripathi and ors.
Court: Patna
Decided on: Jan-21-2002
S.N. Pathak, J.1. These two Miscellaneous appeals are directed against the orders dated 18th September, 1997 passed by the Additional District Judge, XI, Patna, in Succession Certificate Case Nos. 66 of 1993 & 138 of 1995. The opposite party of that case, namely, Bimla Devi is the appellant before this Court.2. The relevant facts of the case are that there was one Mahendra Narayan Sharma @ Mahendra Narayan Tripathi who died issueless leaving behind his wife Briji Kishori Devi who was living in Flat No. B-29, People's Co-operative Colony, Kankarbagh, Patna 20. On her death, one Birendra Kumar Tripathi filed the aforesaid succession case claiming herself to be the sole heir of Brij Kishori Devi, as her Dewar, (the full brother of her husband). This succession case was contested by the appellant and she also claimed to be the sole heir of Brij Kishori Devi, as the full sister of the deceased husband Mahendra Narayan Tripathi. Besides filing objection in the succession case filed by Viren...
Tag this Judgment!Jai Prakash Chamar Vs. State of Bihar
Court: Patna
Decided on: Jan-21-2002
Indu Prabha Singh, J. 1. This is an appeal from jail. The sole appellant has been convicted under Section 25(1-A) of the Arms Act and has been sentenced to undergo rigorous imprisonment for two years.2. The prosecution case, in brief, is that on 31-1-1989 at about 3 p.m. a raiding party went to Village Kutkuri within Rafiganj police station for apprehending appellant Jai Prakash Chamar of the said village as he was involved in a few cases of murder, dacoity and extremists activities in the area and was avoiding arrest. The raiding party consisting of 42 Security men of the 95 Batalian of Border Security Force and Platoon Commander proceeded to the house. It has been further alleged that when the Police Officers and members of the Border Security Force were at some distance from the house of the appellant, Jai Prakash Chamar, two persons were seen fleeing towards north west after scaling over the compound wall of his house and one person fled away towards east. The persons fleeing aw...
Tag this Judgment!Ramesh Chandra Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-21-2002
S.N. Jha, J.1. The dispute in this writ petition relates to seniority between the petitioner and respondent No. 7 Suresh Prasad (hereinafter referred to as 'the respondent'). The petitioner seeks quashing of the decision of the Departmental Board dated 23-8-2001 holding the respondent senior to him and the consequential order dated 3-9-2001, copies whereof are Annexures 16 and 17 to the writ petition. The petitioner also seeks direction upon the respondents concerned to promote him to the post of Divisional Fire Officer holding him senior to the respondent on the basis of his out of turn promotion on the post of Assistant Divisional Fire Officer with effect from 8-9-1995. The facts of the case, so far as relevant, briefly stated, are as follows.2. The petitioner was appointed as Fire Station Officer in the Bihar Fire Service, a post equivalent in rank to the post of Sub-Inspector of Police on 28-6-1976. He joined the post on 12-7-1976. He was granted 1st time-bound promotion on comple...
Tag this Judgment!CaptaIn Kamaleshwara Prasad Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-21-2002
R.N. Prasad, J.1. The Petitioner has impugned the order dated 11-2-1999 passed by respondent No. 4, Annexure-1 to the writ petition, whereby his claim for grant of time-bound promotion has been denied or the ground that concurrence of the Government for grant of time-bound promotion has not been made as yet.2. The petitioner was an employee of the respondent-Corporation. He retired on 30-9-1993. After retirement/he filed writ petition bearing C.W.J.C. 575/97 for issuance of direction for payment of retirement dues and also for grant of time-bound promotion. The said writ petition was disposed of on 2-7-1997, Annexure-21, directing the Administrator to determine the entire retirement dues of the petitioner and also to consider his claim with regard to time-bound promotion and dispose of the same by a reasoned order. Pursuant to the said order, the order, Annexure-1, has been passed denying the claim of the petitioner for grant of time-bound promotion. In the writ petition averment has...
Tag this Judgment!National Insurance Company Ltd. Vs. Most. Sumila Kuer and ors.
Court: Patna
Decided on: Jan-18-2002
Radha Mohan Prasad, J.1. This appeal is directed against the judgment and award dated 20th August, 1999 passed in M.V. Claim Case No. 9 of 1999 by 6th Additional District Judge-cum-Additional M.V. Claim Tribunal, Aurangabad.2. The case of the applicant in the said claim case is that on 22-5-1998 while deceased Ramesh Kumar Singh along with his father got down from Arbind Baba Baidyu Nath Travels at G.T. Road By-pass, Aurangabad in order to catch another bus to complete his journey to his home at about 3.30 p.m., Chauhan Bus bearing Registration No. BR-26-H-6255 owned by one Smt. Deobashi Devi, wife of Jugal Kishore Singh of Aurangabad town and driven by her driver most rashly and negligently dashed said Ramesh Kumar Singh who died on the spot.3. It is not in dispute that the bus in question was insured with the appellant-Company. The Tribunal on detailed consideration has awarded a sum of Rs. 2,57,600/-with interest at the rate of 10% per annum since the date of filing of the claim t...
Tag this Judgment!Ram Saran Bharti Vs. Food Corporation of India and ors.
Court: Patna
Decided on: Jan-18-2002
P.K. Deb, J. 1. The short point involved in this writ petition is with regard to fixation of pension to the tune of Rs. 417 in favour of the petitioner. According to the petitioner, as per Sub-clause 5(a) and (b) of Clause 12 of the Employees Pension Scheme, 1995, the petitioner is entitled to a minimum pension of Rs. 600 per month, if not more. 2. The petitioner was admittedly a member of the Indian Army. He served there from March 18, 1963 to August 31, 1965 and then discharged with an endorsement that he was fit for re-employment on the civil post. Accordingly, he was appointed as a watchman in the Food Corporation of India on June 22, 1976. After attaining the age of 58 years on superannuation the petitioner made various representations for grant of pensional benefits as contemplated under the said Scheme as prepared under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. But, when the grievances of the petitioner had not been redressed, he came up before th...
Tag this Judgment!Sareefan Bano and ors. Vs. Shiv Nandan Mandal and ors.
Court: Patna
Decided on: Jan-18-2002
Radha Mohan Prasad, J.1. This appeal is directed against the judgment and decree in affirmance passed in Tital Appeal No. 19 of 1996/21 of 1998 by the 7th Additional District Judge, Munger arising out of Title Suit No. 57 of 1985.2. Defendant 1st party are the appellants.3. Plaintiff filed the suit for declaration of title over Schedule A property of the plaint and, further, sought for eviction of the defendants from the property mentioned in Schedule C of the plaint and also for mesne profit of Rs. 500 for wrongful possession of defendant 1st party over the portion of the suit property taken in delivery of possession in Title Execution Case No. 33/74 along with the cost of the suit.4. It is not in dispute that this the property originally belonged to Udit Narayan Sah and his son Raj Kumar Sah, defendant 3rd party.5. The admitted case of the parties is that one Udit Narayan Sah and his son Raj Kumar Sah were the owner of the entire suit house in which different tenants were in occupa...
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