Patna Court February 2003 Judgments
Gautam Prasad Vs. the State of Bihar and anr.
Court: Patna
Decided on: Feb-21-2003
R.S. Garg, J. 1. Heard learned counsel for the parties, learned counsel for the petitioner, learned counsel for the State and learned counsel for the Respondent No. 2.2. The petitioner after purchasing certain properties made an application on 8-3-2000 in accordance with Section 186 of Bihar and Orissa Municipal Act, 1922 giving a notice to the municipality that he proposes to raise construction in accordance with the map and the plan. As any objection or rejection was not communicated to the petitioner, presuming a deemed sanction under the provisions of Section 188(3) of the Act the petitioner started raising construction. After the petitioner raised construction the authorities came out of slumber and started raising objections, one such objection communicated to the petitioner is contained in Annexure-3 letter No. 384 dated 8-5-2000. The petitioner was informed that without getting the map/plans sanctioned he was raising construction and alongwith his map he did not submit the ap...
Tag this Judgment!Smt. Radha Payari Devi Vs. Bihar State Financial Corpn.
Court: Patna
Decided on: Feb-21-2003
1. The dispute in this case relates to the dues of the Bihar State Financial Corporation (in short 'the Corporation') against M/s. Bihar Industrial Engineering Company, a small scale industrial unit at Bhagwan Bazar in Chapra town. The writ petition was filed for quashing a notice of sale of the mortgaged assets in terms of Section 29 of the State Financial Corporations Act, 1951. The petitioners also prayed for a direction upon the Corporation to accord permission for sale of 4 Bighas land out of the mortgaged lands to enable them to liquidate the dues. The writ petition was disposed of by a Bench of this Court on 18-3-1988. The Court observed that though in view of the past conduct of the petitioners it was reluctant to grant any relief, in view of the readiness to sell part of 7.5 acres mortgaged land it was desirable to give them a chance to repay the entire dues. Accordingly, the Court allowed the petitioners to pay the whole amount of loan with up-to-date interest by selling va...
Tag this Judgment!Mahanth Vijay Das Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-20-2003
R.S. Garg, J. 1. Heard learned Counsel for the parties. 2. The petitioner being aggrieved by the order dated 18-9-2002 passed by the Chairman/President of the Religious Trust Board removing the petitioner from the office of the trustee and directing constitution of a Trust Committee, has come to this court, inter alia submitting that the order as contained in Annexure-12 is not only contrary to the provisions of law but is also contrary to the earlier direction issued by this Court. It is noteworthy that on ancarlier occasion the petitioner cameto this Court in CWJC No. 8305 of 1998. The petitioner had challenged his removal from the office of the trustee. The order was passed by the Chairman Bihar State Board of Religious Trust in exercise of his power under Section 28(2) h (III) of the said Act. This Court observed that the petitioner's removal was illegal because the order was passed before the petitioner's show cause reached the authority. This Court also observed that the order...
Tag this Judgment!Ram Naresh Pandey Vs. Sita Ram Yadav and ors.
Court: Patna
Decided on: Feb-20-2003
P.K. Deb, J. 1. This petition has been filed under Sections 80, 80A and 81 of the Representation of People Act, 1951 (In short the 'Act') challenging the election of the returned candidate, namely, Sitaram Yadav. Respondent No. 1, from 75 Harlakhi Assembly Constituency in the last election of Bihar Legislative Assembly held in the year 2000. 2. The petitioner was one of the contesting candidates in the election in question and besides him there were eleven other contesting candidates whose names appear in paragraph-6 of the election petition itself and they have also been made party respondents in the present case. The Sub-Divisional Officer of Jainagar, Sub-Division was appointed /returning Officer in the election in question and as per Notification of Election Commission of India dated 12th January, 2000, election in Bihar was held with the following programmes: (i) Last date of filing Nomination paper - 3-2-2000 (ii) Date of scrutiny of Nomination papers - 4-2-2000 (iii) Last da...
Tag this Judgment!BipIn Kumar Singh and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-20-2003
Shashank Kumar Singh, J. 1. Both the writ applications were heard together and as the same and similar points arise in them and the same reliefs have been prayed for, as such, with the consent of the Counsel for the parties both are being disposed of by a common order. 2. C.W.J.C. No. 7910 of 2002 has been preferred for quashing the Letter No. 5376 dated 9-7-2002, issued by the Additional Commissioner, (Resources) Department of Finance, Bihar, as contained in Annexure-7 so Tar it relates to the petitioners, by which he has directed the District Magistrate to cancel all deputations done after 16-11-1999. A further prayer has been made that District Magistrate, Mungei be restrained from issuing any cancellation letter of deputation/joining of the petitioners in compliance of the aforesaid-direction. 3. Contention on behalf of the petitioners is that petitioners were appointed as Class-Ill employee in different years in Bihar State Pharmaceutical and Chemical Development Corporation Ltd....
Tag this Judgment!Sewait Sant Kumar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-20-2003
R.S. Garg, J. 1. Heard. 2. The petitioner being aggrieved by the letter (Annexure-5) dated 22-7-2002, issued by the Chairman/President of the Bihar State Board of Religious Trust and yet another letter (Annexure-6) of even date requiring the District Magistrate to issue instruction to the S.D.O. Hajipur to restrain the present petitioner from alienating the property in dispute and requiring the Deputy Registrar not to accept the documents for registration has come to this Court. 3. The petitioner says that after receiving the said letter the concerned authorities are acting in a manner contrary to law and in any case the Chairman of the-Trust Board had no authority to issue such a direction in form of request to the officers of the State. 4. It is contended by the petitioner that being aggrieved by the action of the Trust Board the petitioner filed a title Suit No. 260 of 1989 wherein the parties were heard and by judgment dated 14-12-1994 the learned 1st Munsif Hajipur granted a de...
Tag this Judgment!Laxmi Narayan Singh Vs. Patna Municipal Corporation and ors.
Court: Patna
Decided on: Feb-20-2003
R.S. Garg, J. 1. Heard learned Counsel for the parties. 2. The Chief Executive Officer, Sri A.B. Prasad and the Officer, who had issued the notice, Sri K.K. Singh are present in the Court. 3. The present matter depicts a very sorry State of affairs and projects very unhealthy working conditions in the Patna Municipal Corporation because the vires of inaction, non-action and not understanding the law and orders of this Court is not only affecting the health of the Corporation but even public health is adversely affected and people are required to rush to this Court for proper remedies. 4. The petitioner after receiving a notice dated 10-1-1997 with respect to a demand of Rs. 32,044.42 came to this Court in CWJC No. 2111/1997. It was the case of the petitioner that the objections raised by him have not been decided and so long as the objections are not decided, the demand cannot be raised. On 11-3-1997 in the said writ Application the learned Counsel for the Corporation submitted tha...
Tag this Judgment!Manoj Kumar Sharma Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-20-2003
Ravi S. Dhavan, C.J. and R.N. Prasad, J. 1. The petitioner-appellant has filed an appeal against the order dated 30th October, 2000 in CWJC No. 8818 of 2002; Manoj Kumar Sharma v. State of Bihar and Ors.. At this stage, it needs to be mentioned that the petitioner had filed a writ petition earlier CWJC No. 10452 of 2000 by which he had challenged his dismissal under memo dated 26th August, 2000, as a punishment for being dismissed from service from the post of Constable, Bihar Military Police. The previous writ petition, in effect, was about the enhancement of punishment by the Director General of Police upon a show-cause notice, the Court had indicated that the order must indicate the reason. 2. The later petition out of which the Letters Patent Appeal arises is, in fact, to challenge an order of the Director General of Police recording the reason justifying the ultimate punishment of dismissal from service. 3. Plainly the aspect is the issue, upon which the petitioner faced discipl...
Tag this Judgment!Life Insurance Corporation of India Vs. Dewanti Kuwar
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Feb-20-2003
D.P.S. Choudhary, President: 1. Appellant-Life Insurance Corpo-ration of India is the opposite party which has preferred this appeal against the order dated 27.11.1997 passed by the District Forum, Siwan in Complaint Case No. 684/1996, whereby and whereunder the Forum allowed the claim of the complainant in part and directed the appellant to pay the sum assured, i.e., Rs. 44,000/-, but refused to allow the claim of compensation. 2. The brief fact of the case is that husband of the complainant Bamdeo Tiwari filled up proposal form dated 31.3.1994 for effecting a Life Insurance Policy under Table No. 74-15 for a sum of Rs. 44,000/-. He declared his date of birth 4.1.1942 and mentioned his age as 52 years. (Annexure-I). The Life Insurance Corporation of India effected the policy. The life assured died on 8.8.1994 due to electric burn while attending his duty on 24.7.1994. He was an employee of Bihar State Electricity Board. On 3.1.1995 the Branch Manager of the LIC wrote a letter to the c...
Tag this Judgment!Smt. Savitri Singh Vs. Dr. Ranbir Pd. Singh and Others
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Feb-19-2003
D.P.S. Choudhary, President: 1. The complainant has filed the case with a prayer for a compensation of Rs. 19,11,950/- only under different counts as detailed in the Schedule-1 of the complaint petition. The complainant is widow of late Pradyumna Narain Singh, Advocate. He was suffering with the problem of enlarged prostrate. He consulted different doctors including Dr. Rohit Kumar, Dr. Mahendra Singh and Dr. S.S. Ambastha. He was examined at Indira Gandhi Institute of Medical Sciences, Patna where some tests were also conducted. He was administered some medicine. He also consulted O.P. No. 1 Dr. Ranbir Pd. Singh, Consultant Urologist of Patna on 26.3.1996 who advised certain pathological tests which were done vide Annexure-3. O.P. No. 1 found his all medical tests including blood pressure, blood sugar, heart problem etc. normal and declared him fit for operation. Dr. R.P. Singh informed the attendant of the patient that he would use electrolysis method for operation of the prostrate w...
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