Patna Court January 2002 Judgments
Bihar Computer Software and Diagnostics Ltd. Vs. State of Bihar and or ...
Court: Patna
Decided on: Jan-18-2002
Ravi S. Dhavan, C.J. 1. A petition was filed by the appellant numbered asC.W.J.C. No. 15634 of 2001. It was by an order of 8 January, 2002 for the reason that the petition did not disclose any enforceable right. The order on the writ petition is reproduced below: 'Heard learned counsel for the petitioner, learned S.C. 2 for the Bihar Government, and learned Sr. SCCG for the Union of India.The writ petition docs not disclose any enforceable right. In that view of the matter, this writ petition is dismissed.'2. A Letters Patent Appeal has been filed challenging the order. In the grounds of appeal the contention of the appellant is that the learned Judge, while passing the impugned judgment and order, has completely failed to appreciate the issues involved in the present case: that the learned Judge has failed to consider the fact that the respondents after due consideration of offer of petitioner and reasonable conclusion has asked the petitioner-appellant to submit nine projects for m...
Tag this Judgment!Dr. Chandreshwar Mishra Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-17-2002
S.N. Jha, J.1. This writ petition was filed for quashing the order of suspension, dated 3-1-1998, pending departmental proceedings. During pendency of the case, the proceedings came to an end and the petitioner was dismissed from service on 23-5-2000. By filing amendment petition, he has challenged the said order. The facts of the case, shortly stated, are as follows.2. The dispute in hand is the outcome of appointment of 38 Warders in Bhagalpur Central Jail. In 1984, the then Superintendent of the Bhagalpur Central Jail, Sri P.K. Ganguly, appointed 39 persons as Warders. As all of them failed to clear the tests held in June 1986, they were discharged from service on 26-6-1986. This was done pursuant to the Government directive contained in wireless message No. 617 dated 23-6-1986 of the Home Secretary. It is said that the order of discharge was passed on misreading of the aforesaid message, and a clarification to this effect was made by the Special Secretary, Home (Jail) Department v...
Tag this Judgment!Samsul Haque Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-17-2002
R.S. Garg, J.1. The petitioner who was declared as returned candidate, was candemned in the election petition as a law breaker and a person who committed misconduct during the course of counting of votes. The election petition filed by the present Respondent No. 4 was basically based upon the material pleading that there were some bunglings in counting of the votes, some votes which were cast in favour of the election petitioner were mixed in the lots of the returned candidate and despite his application for recount the Returning Officer, for the reasons best known to him, did not order for recount. The present petitioner/returned candidate contested the election petition on all possible grounds and inter alia pleaded that there were no illegalities in counting votes and as the application for recount of the vote did not provide any substance or material to persuade the Returning Officer for recount, the application was rightly not considered.2. As the parties joined sales, certain is...
Tag this Judgment!Arun Kumar Ojha and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-17-2002
Nagendra Rai, J.1. The appellants are aggrieved by the order dated 27th April, 2001 passed by a learned Single Judge of this Court in a batch of writ applications including CWJC No, 12779 of 1999 by which he, has quashed the panel of successful candidates for the post of Jeep driver pursuant to adverstisement No. 1 of 1997 and directed the respondent-Bihar Public Service Commission (for short, the Commission) to take steps for fresh selection in the light of the observations made in the order. Both the appellants are successful candidates and appellant No. 1 was added as intervenor-respondent in the writ application and appellant No. 2 has directly filed the appeal challenging the order of the learned Single Judge.2. Eradication of tuberculosis was taken up as a part of the 20-Point Programme in planned expenditure. Dr. A.A. Mallick holding a rank of Deputy Director in Health Department was the Director of the Tuberculosis Centre at Patna and activities of the said Centre was extende...
Tag this Judgment!State of Bihar and ors. Vs. Shashi Mohan Thakur and ors.
Court: Patna
Decided on: Jan-17-2002
Nagendra Rai and R.S. Garg, JJ.1. The Letters Patent Appeal and the writ petition are connected matters and as such they have been heard together and are being disposed of the this common order.2. The appellants of the appeal and petitioners of C.W.J.C. No. 13733/2001 are to be referred to as the appellants and respondent No. 1 in the appeal as well as in the writ petition is to be referred to as writ petitioner-respondent hereinafter for the sake of convenience.3. The appeal is directed against the order dated 24-7-2001 passed by the learned Single Judge in C.W.J.C. No.'7293/2001, whereby the writ application filed by the writ petitioner-respondent has been allowed and a direction has been issued to appellant No. 2, the Commissioner-cum-Secretary, Health, Medical Education, Family Welfare, Bihar, Patna, to return the lands in question to the Secretary, Revenue Land Reforms Department, Bihar, Patna, within the time specified in the order the Secretary, Revenue Land Reforms Department...
Tag this Judgment!Smt. Jagatrani Devi and ors. Vs. Naresh Yadav and ors.
Court: Patna
Decided on: Jan-16-2002
S.N. Pathak, J.1. This miscellaneous appeal is directed against the order dated 8-1-1998 rejecting prayer of injunction by the appellants.2. The case of the plaintiffs in the lower Court was that they are raiyats of the suit lands as mentioned in Schedules 1, 2 and 3 of the plaint. The defendants were interfering with the peaceful possession of the suit lands as mentioned in the afores(sic) schedules and were attempted to harvest the crops standing over the schedules of the lands. So, in a petition the defendants were sought to the restrained from dist(sic) the peaceful possession of the plaintiffs and from harvesting the crops (sic) thereof.3. The lower Court after hearing both the parties rejected the prayer of injunction on the grounds, inter alia, that the suit was not maintainable under Section 48-E of the B.T. Act because the bataidari right of the defendants had to decide only by the Revenue Courts. The lower Court also rejected the prayer of injunction on the ground that the ...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Gautam Singh and ors.
Court: Patna
Decided on: Jan-16-2002
Radha Mohan Prasad, J.1. This appeal is directed against the judgment and award passed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), in Claim Case No. 6 of 1997 by the 5th Additional District Judge-cum-Claims Tribunal, Chapra, whereby he has held that total compensation to which the claimant is entitled comes to Rs. 2,47,000 and not Rs. 6,60,000 as claimed by him. He has also been allowed interest at the rate of 12 per cent per annum with effect from 28.1.1997 till the date of actual payment less the amount of ad interim compensation, if any, paid to him pursuant to the order dated 1.8.1998. The appellant company has been held liable to pay the compensation.2. In short, the relevant facts are that the claimant was injured in an accident on 26/28.1.1994 involving head-on collision of two trucks one bearing registration No. BRB 4908 and other bearing registration No. BHD 4551 near village Kendua under Akbarpur Police Station within the distri...
Tag this Judgment!Ram Nandan Singh Vs. Ram Nandan Singh and ors.
Court: Patna
Decided on: Jan-15-2002
S.K. Katriar, J.1. Heard learned Counsel for the parties. The plaintiff-respondent is the petitioner This civil revision application is directed against the order dated 24-8-2000, passed by the learned Additional District Judge 3rd Court, Begusarai, in Misc. Case No. 1 of 1996, whereby he has restored MTA No. 36 of 1989 to its original file.2. The present petitioner had instituted Title Suit No. 24 of 1960/12 of 1989 in the civil Court of Begusarai which was decreed. The present opposite parties had preferred Title Appeal No. 36 of 1989 in the Court of learned District Judge, Begusarai. By order dated 1-12-1995, the same was dismissed for non-prosecution on account of non-appearance of the learned Counsel for the appellants. The appellants thereafter, filed an application under Order XLI, Rule 19 CPC before the same Court for restoration of the appeal to its original file which was registered as Misc. Case No. 1 of 1996. The same was allowed by order dated 9-9-1998, subject to paymen...
Tag this Judgment!Mahendra Kumar Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-15-2002
R.N. Prasad, J.1. The petitioner is an employee of the respondents-Bihar State Scheduled Caste Co-operative Development Corporation Ltd. He was suspended vide order dated 12-5-1999, Annexure-5, on the ground that a criminal case has been instituted against the petitioner and one Sarju Manjhi on the charge that they by committing forgery have withdrwn Rs. 2,05,000/- from the Bank. In the writ petition, it has been stated that allegation against the petitioner in the criminal case is false. Moreover, neither departmental proceeding has been initiated against him nor charge-sheet has been furnished to him. The criminal case is pending for investigation. The petitioner has been granted anticipatory bail. The petitioner has thus filed writ petition for quashing the order, Annexure-5.2. In the counter-affidavit and supplementary affidavit, it has been stated that the petitioner has been suspended on the ground that a criminal case has been lodged against him on the charge that he and one Sa...
Tag this Judgment!Sachidanand Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-11-2002
R.S. Garg, J.1. Heard the learned Counsel for the parties.2. After hearing the parties on I.A. No. 5766 of 2001, it appears from the record that M.J.C. No. 489/90 was dismissed in default, therefore, the petitioner submitted the present petition for its restoration. During the pendency of this restoration petition the respondent No. 5, Hari Narayan Srivastava who, in fact, arrayed as respondent as Administrative Officer, Kosi Area Development Agency, Saharsa, died. This Court by order dated 15-10-2001 directed that steps for substitution of legal heirs of deceased be taken.3. Learned Counsel for the petitioner submits that Sri Lalan Kumar Verma who was representing the petitioner had expired, therefore, neither information could be sent to the petitioner nor proper steps could be taken. Learned Counsel for the petitioner submits that after death of his father who was representing the petitioner he wrote certain letters to the petitioner and after contacting him prepared the petition a...
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