Patna Court September 2002 Judgments
Chandra Deo Yadav Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-19-2002
Chandramauli Kumar Prasad, J.1. In this writ application, prayer of the petitioner is for issuance of a writ in the nature of mandamus commanding the respondents to make payment of salary of the petitioner which has been withheld since October, 2001 and the current salary.2. It is the stand of the petitioner that for payment of the arrears of salary and current salary, he had filed several representation, last representation being dated 10.8.2002 (Annexure-1). It is his grievance that till date neither the representation has been disposed of nor payment of the salary has been made.3. Having heard learned Counsel for the petitioner Junior Counsel to G.P. VI, and taking into consideration the facts and circumstances of the case, I deem it expedient that the respondents particularly, Respondent No. 2 and 4 take decision on the representation of the petitioner, if already not taken within four weeks from the date of receipt/production of a copy of this order. I direct accordingly.4. In ca...
Tag this Judgment!Veena Kumari Jha Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-19-2002
Narayan Roy, J.1. Heard Counsel for the parties.2. Initially this application was filed for a direction to the respondents to make payment of arrears of salary to the petitioner since February 1998 and also the current salary. However, during the pendency of this writ application, the petitioner was terminated vide order, as contained in Memo No. 3173 dated 1.12.2000, which was made available to the petitioner in January 2001, and, therefore, by amendment application the order of termination, as contained in Annexure-18 has been challenged.3. Short facts giving rise to this application are as follows:The petitioner after passing Matriculation examination joined the Primary Teachers Training College, Madhepura for two years' training in 1975 and pursuant to the advertisement dated 21.10.1976, issued in Aaryavarta, inviting applications for preparation of panel for appointment as Assistant Teachers in Primary/Middle Schools in the District of Purnea the petitioner applied. The petitione...
Tag this Judgment!Ram Kishun Lal Vs. State of Bihar and anr.
Court: Patna
Decided on: Sep-17-2002
B.N.P. Singh, J.1. After petitioner and one Munilal Yadav were put on trial on accusation of hatching conspiracy and executing a deed of sale on 16th April, 1990, the trial Court recorded verdict of guilt under Sections 467 and 120B of the Indian Penal Code (IPC) and sentenced both of them to suffer rigorous imprisonment for a term of six months and also to pay a fine of Rs. One thousand each, in default of which they were to suffer rigorous imprisonment for three months. When the matter was carried in appeal the 3rd Additional District and Sessions Judge, Gopalganj, while affirming the finding of the Court below under Section 467 IPC against the petitioner, acquitted him of the charges under Section 120B IPC. As for Munilal Yadav, finding of guilt and also sentence recorded by the trial Court were set aside.2. For appreciation of the issue involved in this proceeding, a brief narration of facts is being made which has also been broadly spelt out in the judgment of the Court below. A ...
Tag this Judgment!Sheoji Sah Vs. State of Bihar
Court: Patna
Decided on: Sep-17-2002
Someshwar Nath Pathak, J.1. The appellant Sheoji Sari has assailed the order of conviction and sentence passed by the 4th Additional Sessions Judge, Ara, dated 13.7.2001, in Sessions Trial No. 230 of 1999, whereby he was convicted under Section 376 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years.2. The prosecution case originated on the fardbayan of the victim Twinkle Kumari (P.W. 5) to the effect that on 1.7.1999, she was called by the accused appellant to his house where she was asked to bring oil. When she went to the house of Sheoji Sah, the latter pulled her inside his house and bolted the exit door planks from inside. Subsequently he whipped out a Chura and pointed it towards her and made her lie on the ground. The accused after undressing her subjected her to criminal assault. When he failed to have complete coitus, he oiled his private parts as also the private parts of the informant. Subsequently she raised alarm which made the accu...
Tag this Judgment!Janeshwar Pandit and anr. Vs. State of Bihar
Court: Patna
Decided on: Sep-16-2002
S.N. Pathak, J.1. The appellants have assailed the order of conviction and sentence passed by the 2nd Additional Sessions Judge, Bhojpur at Ara, rendered in Sessions Trial No. 146 of 2000. The appellants were convicted for the offences under Sections 304B and 201 of the Indian Penal Code and they were sentenced to undergo rigorous imprisonment for seven years and one year respectively. The sentences were directed to run concurrently.2. The prosecution case originated on the written report (Ext. 1) of the brother of one Asha Devi, who was married to appellant No. 2 Ram Kumar Pandit on 11.5.1999. On 12.5.1999 the informant (P.W. 4) went to the house of the father-in-law of his sister, appellant No. 1, Janeshwar Pandit, with 'Kalewa', Janeshwar told this informant that he will not allow him (the informant) to meet his sister because the materials agreed to be supplied at. the time of marriage were not supplied (T.V. Golden ring etc.). However, after much persuasion, the informant was all...
Tag this Judgment!Pro Agro Seeds Co. Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-16-2002
1. The petitioner, a seeds company, registered under the Companies Act, 1956, having its registered office at Gurgaon and which deals in selling maize seeds and other products on wholesale basis in the State of Bihar and other States, has filed the present writ application for quashing the notices dated February 21, 2002, contained in annexure 1 series, asking the petitioner to pay sales tax at 9 per cent on the maize seeds. The amount demanded on making calculation on the said basis has been mentioned in the aforesaid notice. 2. The petitioner's case is that the maize seeds sold by the petitioner are being assessed to sales tax at 4 per cent and the demand of tax at 9 per cent has been made by the respondent-assessing authorities on the basis of a letter of the Commissioner of Commercial Taxes being instruction No. 198 dated May 7, 2002. The said notification is contrary to the earlier Notification No. 1026/ 77/14545 dated December 26, 1977, according to which the rate of sales tax ...
Tag this Judgment!Lakhindra Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-16-2002
Narayan Roy, J.1. Heard Mr. Banwari Sharma, learned Counsel for the petitioner and JC to AAG II for the State.2. By this writ application, the petitioner has prayed for quashing the notification dated 17.8.2002, as contained in Annexure-2, whereby and whereunder the petitioner has been transferred from the post of Additional Chief Medical Office, Sitamarhi to the post of Deputy Superintendent, Sadar Hospital, Buxar.3. Learned Counsel appearing on behalf of the petitioner submitted that from the impugned annexure, so far the petitioner is concerned, it would be manifest that no officer senior to this petitioner in the category of Scheduled Caste has been posted as Additional Chief Medical Officer, and, therefore, his posting on the post of Additional Chief Medical Officer was illegal, and, therefore, he is being transferred to the post of Deputy Superintendent, Sadar Hospital, Buxar. It is submitted by learned Counsel appearing on behalf of the petitioner that from the provisional seni...
Tag this Judgment!Guru Charan Prasad Vs. the Bihar State Co-operative Land Development B ...
Court: Patna
Decided on: Sep-16-2002
Aftab Alam, J.1. Heard Mr. Chittaranjan Sinha, learned-senior counsel appearing in support of the writ petition and Mr. Yugal Kishore, learned Counsel appearing for the respondents.2. The petitioner worked as Senior field Officer in the Bihar State Co-operative Land Development Bank Society. He was superannuated from service with effect from 31.1.2002, taking his date of birth to be 27.1.1944. According to the petitioner, his date of birth is 27.1.1946 and on that basis he will attain the age of superannuation in January 2004.3. The petitioner was appointed in the year 1973 and the controversy regarding his correct date of birth has arisen at a very late stage, at the time of his retirement, it appears that on 29.4.1999 the Bank issued a list of the employees who were due to retire in the year 2002. The name of the petitioner figured in this list at Serial No. 49 and his date of retirement was shown as 31.1.2002. According to the petitioner, he became aware of the fact that his name h...
Tag this Judgment!Sudha Devi and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-16-2002
Aftab Alam, J.1. The Patna Regional Development Authority (hereinafter the Authority) started its latest demolition drive at Frazer Road, running through the heart of Patna. Interestingly the demolition derive was launched, professedly, in pursuance of an order passed by this Court.2. On 21.7.2002 a public notice issued by the Authority appeared in the Hindustan and the Times of India, two daily newspapers, one in Hindi and the other in English. As this notice forms the basis of the demolition campaign, it will be useful to reproduce it in full. The notice losely translated in English reads as follows:In view of the order passed by the Hon'ble High Court on 17.7.2002 in CWJC No. 2290 of 1990 (Arun Kumar Mukherjee v. State of Bihar and Ors.) a thorough investigation of the parking places and set-backs in the buildings situate on both sides of Frazer Road shall be made by the Patna Regional Dev. Authority on 22.7.2002 from 10 in the forenoon to 5 in the after-noon. Hence, the owners of ...
Tag this Judgment!Oriental Insurance Company Ltd. Vs. Vijay Bahadur Rai
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Sep-16-2002
D.P.S. Choudhary, President: 1. This appeal has been preferred against the order dated 8.9.1998 passed by District Forum, Buxar in Complaint Case No. 62/1998. 2. The admitted facts of the case are that (i) the complainant was the owner of truck No. BRIA-5619; (ii) the truck was insured with Oriental Insurance Company (appellant); (iii) the truck met an accident on 23.5.1996 during the period of its insurance; (iv) the Insurance Company appointed two Surveyors and they submitted their report. The first Surveyor Madhurendra Roy inspected the damaged truck on 12.6.1996 after about 20 days of the accident and submitted the report on 6.8.1996. This report has been filed on behalf of the appellant during the hearing of the complaint (Annexure-1). Second Surveyor Satish Raj Chauhan inspected the damaged truck and submitted the report. The second report is on record. 3. The District Forum have considered both the reports in detail and held that complainant is entitled for Rs. 35,100/- as the c...
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