Patna Court November 2002 Judgments
Gupteshwar Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-26-2002
Shiva Kirti Singh, J. 1. Heard learned Counsel for the petitioner learned Counsel for the State and learned Counsel appearing for Accountant General Bihar.2. Petitioners in all these writ petitions claim to have been appointed as temporary Muharrirs/Sangrahaks in the various revenue division of the State of Bihar. They claim that pursuant to policy decision of the Water Resources Department, Government of Bihar dated 2-5-1992 (Annexured-3) their services were regularised some time in the year 1992-93 and after completing the permissible period of service they ail have retired but they are not being paid their pension on the ground that after regularlisation they have not completed ten years of service so as to make them eligible for pension under the Bihar Pension Rules. The prayer in these writ petitions is to direct the respondents to pay the retirement and pensionary benefits including gratuity to the petitioners without delay and for that relief petitioners have relied upon judgm...
Tag this Judgment!Ramchandra Chowdhary and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-26-2002
Shashank Kumar Singh, J. 1. Heard the learned counsel for the petitioners and the counsel for the respondents,2. The present writ application has been filed for a direction to the District Magistrate, Nalanda at Biharsharif to consider the case of the petitioner for appointment as Class-IV employees for which applications had been invited vide Advertisement dated 6-12-1995, as contained in Annexure-1.3. The contention on behalf of the petitioner is that they were duly registered in the Shram and Niyojan Department, District Niyojnalaya, Nalanda since long and their registration was being renewed every year. It has further been contended that no the recommendation of the panel committee made on 11-1-1997 an empanelment was made and as the petitioners name was not in the same they had no option but to move this Court for a direction to the respondent Collector for their empanelment.4. It would not be out of place to mention here that for empanelment registration was the pre-requisite an...
Tag this Judgment!Pooja Engineers Private Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-26-2002
Nagendra Rai, J.1. The petitioner, a Private Limited Company carrying on business of manufacturing and sale of bakery products, has filed the present writ application for a direction to quash Circular No. Bikri-kar/Vapsi/1/99-109 dated 7-1-2000 (Annexure 7-A), issued by the Commissioner of Commercial Taxes (Respondent No. 2), laying down a procedure for the refund of the sales tax amounts, which were found to be collected unauthorisedly from the purchasing-dealers as well as for a direction to the respondent-authorities to refund, to the petitioner the amount of sales tax collected unauthorisedly. 2. The admitted fact is that the petitioner-firm is engaged in manufacturing bakery products from Maida, which is the raw-material. The petitioner is a registered dealer under the provisions of the Bihar Finance Act. It was also registered as a small scale industrial unit in 1987. The State Government with a view to accelerate the industrial production in the State issued Industrial Policy g...
Tag this Judgment!Bihar Rajya Zila Parishad Abhiyantran Seva Sangh and ors. Vs. Raj Deo ...
Court: Patna
Decided on: Nov-25-2002
Ravi S. Bhavan, C.J. 1. This letters Patent Appeal has been filed against the order of 21st July, 2000 on CWJC No. 6299/2000, Bihar Rajya Zila Parishad Abhiyantran Seva Sangh and Ors. v. The State of Bihar and Ors. On a claim of petitioners that they stood absorbed in the Road Construction Department and that this is not being done, the petitioners-appellants had prayed for a writ which the learned Judge declined to grant. According to the learned Judge the petitioners ought to have moved an application for initiating contempt proceedings on the judgment which they rely upon. The writ petitioner was dismissed. 2. The petitioners were relying on a judgment which was delivered on an earlier and another writ petitioner, CWJC No. 1371/87, filed by the same petitioners, this is a judgment dated 8-2-2000 delivered by their lordships Hon'ble B.P. Singh & Hon'ble A.K. Ganguly, JJ. The petitioners-appellants were seeking, in effect, that another writ of mandamus be issued for the compliance of...
Tag this Judgment!Munsi Hasda and anr. Vs. the State of Bihar
Court: Patna
Decided on: Nov-21-2002
M.L. Visa, J. 1. Both these appeals, arising out of same judgment dated 8-4-1993 and order dated 12-4-1993 passed by 5th Additional Sessions Judge, Purnea in Sessions Trial No. 265 of 1991 convicting and sentencing both the appellants to undergo rigorous imprisonment for life under Section 302 read with Section 149, Indian Penal Code, rigorous imprisonment for three months under Section 147, Indian Penal Code and rigorous imprisonment for one month under Section 323, Indian Penal Code and ordering for all these sentences to run concurrently have been heard together and are being disposed of by this common judgment. 2. The case of prosecution, in short, as disclosed by the Fardbayan of informant, Arjun Mandal (P.W. 15) is that on 20-4-1990 at about 1.30 a.m., the informant, alongwith Umesh Ram (P.W. 6), Krishna Kumar Mandal (P.W. 7) and Vibhishan Mandal (P.W. 8) was going to a Magistrate deputed in the village to complain that Adivasis (members of a tribal community) were extending the...
Tag this Judgment!Shri Gupteshwar Bedua and ors. Vs. Magadh University and ors.
Court: Patna
Decided on: Nov-20-2002
Narayan Roy, J. 1. Heard Mr. Ganesh Prasad Singh, learned senior Counsel appearing on behalf of the petitioners and Mr. M.M.P. Sinha, learned Counsel appearing on behalf of the respondent University.2. By the order impugned as contained in Annexure 16 dated 24-7-2002, services of the petitioners along with others have been terminated.3. According to the petitioners, they were appointed on daily wages to perform the duties of Class IV employees in between 5-8-1980 and 21-11-1984 against the vacant sanctioned posts and they continued to work as such, and, in the meantime, the Advisory-cum-Development Committee of the University took interview of daily wages employees including the petitioners and prepared a select list on the basis of their merit and the same was sent to the University for their absorption and regularisation of their services which included the names of Petitioner Nos. 1, 2 and 3. Pursuant to the merit list prepared by the Advisory-cum-Development Committee, the Univers...
Tag this Judgment!Bihar State Electricity Board Vs. Lal Mohan
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Nov-20-2002
D.P.S. Choudhary, President: 1. This appeal has been heard ex parte, preferred against the order dated 17.7.1998 passed by District Forum, Saharsa in Complaint Case No. 11/1995 directing the appellant Bihar State Electricity Board to pay a compensation of Rs. 3,000/- to the complainant and Rs. 2,000/- as cost of the litigation and Choudharyfurther directed to waive the Boards dues amounting to Rs. 46,714/- only. 2. The brief fact of the case is that complainant-respondent had taken L.T.I.S. electric connection for running Surkhi Mills for commercial purpose by installing 10 H.P. motor and an agreement to this effect was executed between the parties and he was using electric consumption since June, 1984. As per agreement the complainant was bound to avail electric energy for a minimum guarantee period of two years plus one month notice period and required to pay the minimum guarantee charge/fixed charge and during this period if the complainant was not to use the electric consumption he...
Tag this Judgment!Kunti Tiwary and anr. Vs. General Manager, State Bank of India (D and ...
Court: Patna
Decided on: Nov-18-2002
1. Heard the parties. 2. The petitioners being aggrieved by the order (Annexure 3) dated April 19, 2002 passed by the General Manager (D & PB), State Bank of India, refusing appointment to one of the sons of the deceased employee who died in harness came to this Court in C.W.J.C. No. 9383 of 2002 and made a request that the order refusing the compassionate appointment deserves to be quashed as it does not take into consideration the criteria fixed in the policy of the respondent Bank. C.W.J.C. No. 9383 of 2002 after hearing the parties was dismissed by the learned single Judge on August 16, 2002. Therefore, the petitioners have come before this Court in letters patent appeal. 3. Learned counsel for the petitioners-appellants submits that a bare perusal of the policy would indicate that after the death of bread-earner not only cash assistance or liquidity in the hands of the family are to be seen but the other responsibility and the liabilities of the family including education of the...
Tag this Judgment!Chandrika Prasad Yadav Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-18-2002
R.S. Garg and Rajendra Prasad, JJ. 1. Heard learned Counsel for the appellant. 2. Being aggrieved by the order dated 7-10-2002 passed by the learned Single Judge in C.W. J,C. No. 5004/2002 granting the writ application filed by Mahendra Rai setting aside the judgment and order dated 6-4-2002 passed by the Munsif, Raxaul at Motihari, East Champaran in Election Case No. 6/2000 allowing the election petition filed by the writ Respondent No. 4 setting aside the election of the present writ petitioner and declaring the writ Respondent No, 4/present appellant as the returned candidate, has filed this appeal under Clause 10 of the Letters Patent. 3. The appellant-election petitioner filed an election petition before the Munsif inter alia submitting that the corrupt practices were writ large and as his request for recount was unceremoniously rejected by the Election Officer, the Munsif must interfere in the matter, direct recount of the votes, set aside the election and declare him elected. I...
Tag this Judgment!Ms. Soni Kumari Vs. Dr. Nagendra NaraIn Bhagat
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Nov-18-2002
D.P.S. Choudhary, President: 1. The complainant has filed the case alleging the following facts. That the complainants minor daughter Soni Kumari sustained injury on her left leg, on 7.10.1994 at Bhagalpur due to fall. She was rushed to a private clinic of Dr. Nagendra Narain Bhagat (O.P.), Orthopaedic Surgeon for needful. She was treated there for a consideration. The O.P. Doctor vide his prescription dated 7.10.1994 diagnosed that Soni Kumari has sustained fracture in shaft femur and accordingly advised for X-ray and did plaster on her left leg (Annexure-1). Soni Kumari regularly complained of very tight slab out of which her tibia-fibula part of leg had constantly been paining. After some time her muscle bulged out then she reported to the O.P. but he did not heed to the complaint made by Soni Kumari and ignored it on one pretext or another saying that such pain was usual with plaster of paris. After several complaints by the patient the doctor opened the plaster and it was found th...
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