Patna Court April 2002 Judgments
Union of India (Uoi) Vs. the Tata Iron and Steel Company Ltd.
Court: Patna
Decided on: Apr-17-2002
S.N. Pathak, J.1. These two appeals were heard analogous because common questions of law and fact are involved, except to the extent of monetary claim in the aforesaid two appeals, and therefore, this common judgment shall dispose of both the appeals.2. The Union of India, through the General Manager, South Indian Railway, is the appellant in both the appeals. In Misc. Appeal No. 22 of 1998, the order of the Railway Claims Tribunal passed on 4th November, 1997 has been challenged. By the aforesaid order, the Railway Tribunal has granted compensation of Rs. 1,77,219.90, including litigation cost of Rs. 16,110.90. This compensation amount was allowed on the short delivery of the consignment of Steel Bars booked from TISCO. Ltd. in wagon No. 59367 from C.F.D., Tata, for its delivery to Metalex Agencies of TISCO. Ltd. at Cochin under FR No. 328077 dated 3.7.1989. The consignment contained 58.400 MT of Steel Bars of Rs. 4,09,968.00. In Misc. Appeal No. 23/1998, order dated 4.11.1997 passed...
Tag this Judgment!Kishun Lall Vs. Chairman and Managing Director, Uco Bank and ors.
Court: Patna
Decided on: Apr-15-2002
R.N. Prasad, J.1. The petitioner was employee of the Bank. He was posted as Asstt. Manager at Cheriya Bariarpur Branch. The Bank came with a scheme allowing its employees to exercise option for pensionary benefit by September 30, 1994. According to the petitioner, he exercised option and filed petition to the aforesaid effect on September 27, 1994. He sought voluntary retirement and he voluntarily retired with effect from April 30, 2001. After retirement, he learnt that his petition for exercise of option was not considered and as such petitioner moved this Court for issue of direction to the respondents to accept pension option, Annexure-1, and to pay pensionary benefit.A counter-affidavit has been filed on behalf of the respondents wherein stand has been taken that no petition exercising option was filed by the petitioner, the same was not received in the zonal office nor in the Head Office and as such the case of the petitioner for pensionary benefit was not considered as pension o...
Tag this Judgment!Surajdeo Singh @ Surya Nath Singh Vs. State of Bihar
Court: Patna
Decided on: Apr-12-2002
M.L. Visa, J.1. The sole appellant of this appeal is aggrieved by the judgment and order dated 20.7.1987 passed by 4th Additional Sessions Judge. Bhagalpur in Sessions Case No. 241 of 1981/4 of 1986 convicting him under Sections 302/109 of Indian Penai Code (in short 'IPC') and 302/34, IPC and sentencing him to undergo rigorous imprisonment for life for the offence under Sections 302/109, IPC. No separate sentence has been passed against the appellant for the offence under Sections 302/34, IPC.2. The case of the prosecution, as stated in FIR in short is that on 14.9.1978 at about 8 p.m., the informant Jamaluddin (PW 11) alongwith Riazat AN Haider, the deceased, boarded a local train at Bhagalpur Railway station for coming to Pirpainty. They both entered a second class compartment in which they sat on their seats in from of each other. When, the train reached Kahalgaon Railway station, about 20.25 passengers entered the compartment. When the train was to reach Shivnarayanpur Railway St...
Tag this Judgment!Anil Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-12-2002
R.N. Prasad, J.1. The petitioner has moved this Court for issue of direction to the respondents specially Respondent Nos. 6 & 7 to allow the petitioner to work as Junior Engineer in the Patliputra Building Division, South Baily Road, Patna of the Building Construction Department of the State Government.2. The petitioner is Junior Engineer in the cadre, of Road Construction Department. His service was placed to the Building Construction Department. He was working there as Junior Engineer. The Ehgineer-in-Chief-cum-Addl. Commissioner-cum-Spl. Secretary, Road Construction Department vide order dated 30.6.2001 on the recommendation of the Establishment Committee and in the interest of public work and on administrative reason transferred the services of 35 Junior Engineers including the petitioner to Patna Regional Development Authority in view of the order passed in C.W.J.C. No. 7528/98, Annexure-1. Pursuant to the order, Annexure-1, petitioner was relieved. However, he did not join pursu...
Tag this Judgment!Abhimanyu Choudhary @ Abhimanyu Prasad Choudhary and ors. Vs. State of ...
Court: Patna
Decided on: Apr-12-2002
Prabhat Kumar Sinha, J.1. This is a petition under Section 482 of the Code of Criminal Procedure (referred to as 'the Code', in short) for quashing order dated 7.2.1997 recorded by Sri D.N. Barai, Special Judge, Bhagalpur under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Complaint case No, 1 of 1997 whereby the learned Judge had directed the officer-in-charge of Harijan Police Station to register an FIR, investigate the case and to submit a report under the provisions of Section 156(3) of the Code, as well to quash the entire criminal procedure against the petitioners in pursuant thereto including order recorded by the Chief Judicial Magistrate, Bhagalpur dated 7.6.2000 in Protest-cum-Complaint Case No. 240 of 2000 whereby and were under the learned Court had ordered, after enquiry, for issuance of summonses against the petitioners for various offences under the Indian Penal Code as well under the Scheduled Castes and Scheduled Tribes (Prevention of A...
Tag this Judgment!Prabhakar Singh Vs. Bihar School Examination Board and ors.
Court: Patna
Decided on: Apr-12-2002
R.N. Prasad, J.1. The petitioner appeared in the Bihar Secondary, School examination in the year 1975. His result was published. According to the petitioner, he filed petition before the Board for correction of date of birth in the matriculation certificate. The date of birth was 1.1.1961 instead of 1.1.1951. His elder brother's date of birth is 1.1.1955. In the documents of the school, his date of birth was correctly mentioned as 1.1.1961. News was published in the newspaper, namely, the 'Arya Varta' on 12.1.1999 issued under the Signature of the Secretary of the Board that the persons who have passed in the year 1997 or before and if there is mistake in the date of birth, such persons may file application for rectification. The petitioner thus filed petition before the Board for rectification of his date of birth. He annexed relevant documents for correction with the petition. However, the Board rejected his prayer for modification in the date of birth in matriculation certificate v...
Tag this Judgment!Christy Fried Gram Industry Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-11-2002
S.K. Katriar, J.1. Heard Mr. Ajay Tripathi for the petitioner and Mr. A.P. Jittu, learned SC II.2. This is the petitioner's third attempt. The Government of Bihar had published notice dated 25.3.1999 inviting tenders for supply of' ready-to-eat nutritious food' for the integrated child development scheme in the State of Bihar. The petitioner as well as another firm (M/s. Modern Food Industries Ltd.) submitted their tenders. The price quoted by the latter was Rs. 17 per k.g. with an escalation clause, whereas the petitioner quoted a firm price of Rs. 21.97 per k.g. The sample of other firm failed to pass the quality test because the protein content was not up to the ICDS norms. The petitioner's product was tested and found up to the required level of quality. No final decision was taken in the matter leading to CWJC No. 4 of 2000 in this Court which was disposed of by order dated 28.4.2000 (Annexure-5), with the direction to the Minister, Department of Welfare, Government of Bihar, to ...
Tag this Judgment!Kamleshwari Pd. Sinha and ors. Vs. Rukmini Debi and ors.
Court: Patna
Decided on: Apr-11-2002
S.N. Pathak, J. 1. This second appeal is directed against the judgment dated 13-1-88 passed by 1st Additional District Judge, Bhagalpur, in Title Appeal No. 57 of 1978 partly allowing and partly dismissing the appeal against the judgment of the trial Court dated 9-5-78 rendered in Title Suit No. 23/66. The plaintiff of the aforesaid title suit had filed the appeal before the District Judge and the same plaintiff prereferred this appeal before this Court. The trial Court had allowed and decreed the plaintiffs claim over plot Nos. 323 and 324 for an area of 84 decimals and 48 decimals respectively. The appellate Court extended this claim of the plaintiff-appellant to an area of 11 decimals of plot No. 325. It was thus that the first appellate Court partly allowed the appeal and partly dismissed the same.2. The case of the plaintiff-appellant in the lower Court was that Munshi Gorhi owned and possessed 5.84 decimals of land over plot Nos. 322, 323, 324 and 325. He sold 1.43 decimals of p...
Tag this Judgment!Priya Ranjan Sinha and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-11-2002
Aftab Alam, J.1. There are four petitioners before this Court. They seek to challenge an office order issued by the Deputy General Manager (Personnel and Administration) of the Bihar State Co-operative Bank Limited (hereinafter referred to as 'the Bank') under his Memo No. 6095, dated 24.1.2002 (Annexure-11). By the impugned order the deputation of six persons with the bank including the four petitioners, was terminated and they were relieved from the bank for-going back to their respective positions in the Bihar State Co-operative Marketing Union Limited (hereinafter to be referred as 'the Biscomaun').2. Now, it is well known that the Biscomaun is moribund, its employees, whatever there are left, who are posted in its field offices have not been paid any salary for the past several years. It is doubtful whether it would even be possible to observe the formality of the petitioners' joining at the Biscomaun. If the petitioners are able to join there, it is certainty that they shali not...
Tag this Judgment!Ram Kumar Singh Vs. the Bihar State Schedule Caste Co-operative Develo ...
Court: Patna
Decided on: Apr-10-2002
Aftab Alam, J.1. Heard Mr. Siya Ram Shahi, earned Counsel appearing in support of this writ petition and Mr. Shyama Prasad Mukherjee, learned Senior Counsel appearing for the respondent-Corporation.2. The petitioner seeks to challenge an office order dated 17.1.2002 (Annexure-13) issued by the Administrator of the Bihar State Scheduled Caste Co-operative Development Corporation Ltd. By the impugned order two earlier orders are recalled; one of the two recalled orders is dated 25.2.1999 (Annexure 9-A) issued by the Secretary of the Corporation by which the services of the petitioner were regularized as Accounts Assistant in the Engineering Cell of the Corporation, retrospectively with effect from 6.2.1985. The other recalled order is dated 6.4.1999 (Annexure-10) issued by the Administrator, then in Office by which the petitioner was given promotion as Accountant and was posted in the Engineering Cell, South Bihar Division, Ranchi. As a result of the recall of these two orders, the peti...
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