Patna Court December 2002 Judgments
Arbind Kumar Pandey Vs. Kameshwar Singh Darbhanga Sanskrit University ...
Court: Patna
Decided on: Dec-20-2002
Chandramauli Kr. Prasad, J. 1. This application has been filed for issuance of a writ in the nature of mandamus commanding respondent No. 4 to appoint the petitioner to the post of Principal, Mahanth Shatanand Giri Harihar Sanskrit Mahavidyalaya, Bodh Gaya and also to restrain respondent No. 5 from functioning as the Incharge Principal of the said Mahavidyalaya. By way of amendment petitioner has further prayed to quash the communication dated 28-8-2002 (Annexure-31)whereby the University in pursuance of the decision of the Senate had communicated to the Governing Body that petitioner is not eligible to be appointed as Principal because he is not a teacher in Sanskrit subject. 2. According to the petitioner, he was appointed as Lecturer in History by the Governing Body of Mahanth Shatanand Giri Harihar Sanskrit Mahavidyalaya (hereinafter referred to as the College) by order dated 11-11-1986 and in pursuance thereof he joined the College on 18-11-1986. The College Service Commission (...
Tag this Judgment!Sunder Yadav Vs. the State of Bihar
Court: Patna
Decided on: Dec-20-2002
B.K. Jha, J. 1. This appeal is directed against the judgment and order dated 21st January, 1998 passed by Sri Dharnidhar Jha, Additional Sessions Judge III, Saharsa, in Sessions Trial No. 87/1996 whereby the sole appellant, Sunder Yadav, has been convicted and sentenced to R.I. for life with fine of Rs. 15,000/- under Section 302 read with Section 34 of the IPC. In case of default in payment of find he has further been sentenced to R.I. for two years.2. The facts giving rise to the present appeal are that on 5-8-1995 at 8 a.m. the buffalo of the informant (deceased), Gajendra Yadav was tied in his cattle shed. His own brother, the appellant, also tied his buffalo in that shed whereupon buffaloes of both started fighting with each other. At this, the informant, Gajendra Yadav, asked the appellant to take away his buffalo from his cattle shed but he did not agree. Then the informant, Gajendra Yadav, himself went to take out the buffalo of the appellant from his cattle shed. In the mean ...
Tag this Judgment!Gayatri Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-20-2002
Chandrarnauli Kr. Prasad, J. 1. This application has been filed for issuance of a writ in the nature of certiorary for quashing the communication dated 9-8-2001 (Annexure-15), whereby the State Government has informed the Superintendent of Nalanda Medial College Hospital that the date of birth of the petitioner be treated as 1-1-1945, which has been recorded in her Service Book. Further prayer of the petitioner is for issuance of a writ in the nature of mandamus commanding the respondents to enter her date of birth 1-1-1953 in place of 1-1-1945 in her Service Book. 2. According to the petitioner, she was appointed as the Auxilary Nurse Midwife in Nalanda Medical College Hospital (hereinafter referred to as 'Hospital') on 1-2-1978. In her Service Book prepared on 12-5-1981, her date of birth has been mentioned as 1-1-1945 and according to the petitioner, when she came to know about it in the year 1982, she filed application for its correction. The Superintendent of the Hospital by its...
Tag this Judgment!Om Prakash Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-19-2002
S.N. Jha, J. 1. This MJC has been filed for initiating a contempt proceeding against the opposite party for allegedly violating the order of this Court dated 17-1-1996m CWJC No. 3891/94. 2. The above said writ petition was filed by the petitioner and others for quashing an order by which their services on the post of Warder in the Central Jail Muzaffarpur had been terminated, and for a mandamus to appoint them on the post on regular basis. While dismissing the writ petition this Court directed the Inspector General of Prisons, Bihar and the Superintendent, Central Jail, Muzaffarpur to give effect to the advertisement dated 31-10-1994 by making appointment of suitable candidates as early as possible preferably within four months of the receipt/production of a copy of the order. The Court observed,'Needless to say that the cases of the petitioners will be considered in accordance with law'. Earlier the petitioner had moved this Court challenging the same very order in CWJC No. 2605/92,...
Tag this Judgment!Jagdish Hari and anr. Vs. Administrator, Bhagalpur Municipal Corporati ...
Court: Patna
Decided on: Dec-19-2002
Radha Mohan Prasad, J. 1. As in both the writ applications the question involved is common, with consent of parties, they have been heard together for final disposal. 2. The petitioners, who retired from the service of the Bhagalpur Municipal Corporation on 31-1-1986 and 1-2-1986 respectively, are aggrieved by the denial of pension to them as per the provisions of the Patna Municipal Corporation Officers and Servants Pension, 1986 (hereinafter referred to as 'the Rules') made applicable to the Bhagalpur Municipal Corporation, vide notification dated 1-3-1988 of the State Government (Annexure-A to the counter-affidavit) in exercise of the power under Section 4 of the Bihar Municipal Corporation Act, 1978. 3. The Rules framed by Notification No. 396 dated 5th March, 1987 applied to all permanent employees of the Corporation and by virtue of Rule, 3, the said Rule came into force with effect from 1st January, 1986 AD. As per the provisions contained in Rule 4 (i), the Corporation employ...
Tag this Judgment!Ram Surat Paswan Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-18-2002
S.N. Jha, J. 1. The petitioner seeks direction for his appointment as Chaukidar in Beat No. 5 (1) of Chanpatia Police Station on the retirement of his father on the post of Chaukidar in May, 2000: 2. The basis of the petitioner's claim is Letter No. 11287 dated 20-12-1995 of the Home (Police) Department, Government of Bihar. Reference may straightway be made to the said letter. The letter appears to have been issued upon sympathetic consideration of the demands made by an Association called Bihar State Dafadar Panchayat. It inter alia provides for one time appointment of a dependent namely, wife or son or brother or nephew or daughter's son as Chaukidar on the retirement of Chaukidar/Dafadar after 1-1-1990. It also provides for compassionate appointment of one of the dependents on the death of Dafadar in harness. In this case we are not concerned with that part of the letter. The only question for consideration is whether on the retirement of the incumbent Chaukidar any of his depend...
Tag this Judgment!Dr. Ranjan Kumar Akhaury Vs. Chief Commissioner of Income-tax and ors.
Court: Patna
Decided on: Dec-18-2002
1. The petitioner has filed the present writ application for quashing the demand notices dated November 4/10, 1999, passed by the Deputy Commissioner of Income-tax, Circle-2(1), Patna, (respondent No. 4), with regard to charging interest under Section 245D(6A) of the Income-tax Act, 1961 (for short 'the Act') for the period May, 1999, to October 1999, as well as for quashing the order passed by the Assistant Commissioner of Income-tax, Circle 1, Patna (respondent No. 5), dated April 18, 2002/May 2, 2002, rejecting the grievance petition dated November 24, 1999, filed by the petitioner in ; respect of charging of interest under Section 245D(6A) for the period May, 1999, to October, 1999. Copies of the demand notice and the said order have been annexed as annexures 7 series and 11, respectively, to the writ application. 2. The necessary facts for disposal of the present writ application are that the petitioner is a doctor engaged in a private practice since 1989. On August 10, 1994, th...
Tag this Judgment!Dr. Mrs. Santosh Prasad and ors. Vs. Commissioner of Income-tax
Court: Patna
Decided on: Dec-18-2002
1. The petitioner-Nalanda X'ray and Scan Research Centre of C. W. J. C. No. 12106 of 2002 is a partnership firm and Dr. S. N. Prasad (petitioner of C W. J. C. No. 12842 of 2002) and his wife Dr. (Mrs.) Santosh Prasad (petitioner of C. W. J. C. No. 12105 of 2002) are partners of the said firm. The points involved in all the three cases being the same, they have been heard together finally at the stage of admission and are being disposed of by a common order.2. The admitted fact is that the respondent-income-tax authorities conducted a search and seizure operation on the premises of Nalanda X'ray and Scan Research Centre, Patna, as well as the residence of Dr. S. N. Prasad, and his wife, Dr. (Mrs.) Santosh Prasad, on April 10, 1994. During the course of search, cash, gold ornaments, chemicals and other documents were seized in the joint names of Dr. S. N. Prasad, and his wife, Dr. (Mrs.) Santosh Prasad. They approached the Settlement Commission for settlement of the cases for the assess...
Tag this Judgment!Vijay Das Vs. Executive Engineer, Bihar State Electricity Board
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Dec-18-2002
D.P.S. Choudhary, President: 1. This appeal arises out of the order dated 28th January, 1998 passed by District Forum, Samastipur in Complaint Case No. 45/1996 dismissing the complaint petition. 2. The brief fact of the case is that on 12.11.1993 the complainant applied to the O.P.-respondent (Bihar State Electricity Board) at Dalsingsarai for electric connection on prescribed form after payment of requisite fee. He deposited the security money and service charges required for electric connection on 2.8.1994 and 16.8.1994 respectively. However, in spite of several personal requests, both oral and in writing, electric connection could not be provided to him. Thereafter he filed the complaint case. O.P. appeared and admitted the above facts. Their only contention was that a neighbour of the complainant, namely Natho Das had made protest on various grounds with regard to supply of electric connection to the complainant and also lodged F.I.R. with the D.S.P., Dalsingsarai. This fact is als...
Tag this Judgment!Shri Bishwanath Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-16-2002
Ravi S. Dhavan, C.J. and R.N. Prasad, J. 1. The appeal has been filed against the order dated 16-1-1995 passed in C.W.J.C. No. 10651 of 1993 whereby the claim of the appellant for regularisation as a 'Peon' in the school has been rejected.2. The claim of the appellant is that he was a Peon in the Ambika Middle School, Hilsar, Siwan. The school was taken over with effect from 1973 but his service was not taken over/regularised. The appellant earlier moved this Court for the said purpose in C.W. J.C. No. 7975 of 1992. The said writ petition was disposed of without granting any relief. Thereafter, the appellant again moved this Court in C.W, J.C. No. 10651 of 1993. The said writ petition was dismissed, which has been impugned in this Letters Patent Appeal.3. Learned Counsel for the appellant pointed out that since the appellant was working in the school as a Peon and as such under Section 4 of the Bihar Non-Government Primary School (Taking Over of Control) Act, 1976, his service shall b...
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