Patna Court February 2003 Judgments
Md. Hadi Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Feb-18-2003
S.N. Jha, J. 1. The dispute in this case relates to the proportionate pensionary liability of the Government of Bihar. The petitioner, a former employee of the Government of Bihar, seeks direction upon the respondents to calculate final pension taking into account the service rendered by him under the Government of Bihar from 16-9-1946 to 28-2-1955. 2. The facts of the case are not in dispute. Shortly stated, the petitioner was appointed as Assistant Marketing Inspector at Regional Grain Supply Office, Gaya in the service of the Government of Bihar on 16-9-1946. The Regional Grain Supply Office was merged with the Supply and Control Department under the Collector, Gaya and the service of the petitioner was transferred alongwith other employees to it In the year 1952, Government of India, Department of Food, opened Central Storage Depots at Gaya and other places i the State of Bihar under the management of State Government through the Collector of the District. These godowns were mana...
Tag this Judgment!Sk. Faisal Vs. the State of Bihar
Court: Patna
Decided on: Feb-18-2003
I.P. Singh, J. 1. The sole appellant has been convicted under Sections 376/511 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for seven years. 2. The prosecution case, in short, is that on 2-6-1989 at about 2 p.m. while the prosecutrix Sitara Khatoon, aged about 14 years, had gone to graze her she goat at Larayamui Bandh, the appellant caught her from behind and gagged her mouth and dragged her to Kharor, near bushes. Thereafter, he tried to commit rape upon her, but in the process of scuffle on her resistance, the rape could not be committed. It has been submitted that when she raised alarm, several persons including her father and brother, who were working in the vicinity came and caught hold of the appellant. Thereafter, the prosecutrix narrated the entire incident to her brother and father and also to the villagers, who had assembled there. The matter was also tried to be settled by the Panchayat level, but the same was not decided. Thereafter, ...
Tag this Judgment!Ram Narayan Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Feb-18-2003
Chandramauli Kr. Prasad, J. 1. This application has been filed for quashing the orders dated 19-7-2000 and 8-8-2000 (Annexure-7 series) whereby the petitioner has been asked to appear before a Medical Board for ascertaining his age. 2. Short facts giving rise to the present writ application are that by communication dated 6th of August, 1998, petitioner was communicated that he has been retired from service of the Bihar State Electricity Board, hereinafter referred to as the Board w.e.f. 30th of April, 1990. By another order dated 13-5-1998, the Board took decision to recover 50 per cent of the emoluments to the petitioner between the period 30th of April, 1990 to 4th of August, 1998. In the service record of the petitioner, according to the Board, the date of birth was recorded as 8th of April, 1930 but the same was interpolated and was written as 8th of April, 1939. A report to the said effect was given by the Forensic Science Laboratory. 3. Petitioner aggrieved by the order retir...
Tag this Judgment!Kedar Pati Pandey Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-17-2003
R.M. Prasad, J. 1. The petitioner, who retired from the service of Bihar State Board of Religious Trust. Patna as Inspector on 1-2-1995, is aggrieved on account of nonpayment of his post retrial dues, such as gratuity, amount against unutilised leave and unpaid salary from August, 1992 to February, 1995.2. The Respondent Board has filed counter affidavit and supplementary counter affidavit to which the petitioner has filed rejoinder. A counter affidavit has also been fled on behalf of the State of Bihar (Respondent No. 1) to which a copy of the order passed in C.W.J.C. No. 2601 of 1987 has been annexed as Annexure-A. wherein this Court on details consideration has held that it is obligation of the Board to pay salary of its employees, and, therefore, this Court cannot issue mandate on the State Government to release the amount for payment to its employees.3. The claim of the petitioner is not disputed. Mr. Singh, learned Senior Counsel appearing for the Board, has fairly conceded that...
Tag this Judgment!Smt. Jamuna Murmu Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Feb-17-2003
R.M. Prasad, J. 1. In this writ petition, petitioner is aggrieved by stoppage of payment of family pension from January, 1997.2. In short, the relevant facts are that the petitioner claims to be the widow of late Baijnath Kisku, who was a sepoy in Indian Military Service and died in the year 1957, Family pension was sanctioned to the petitioner in the year 1962 and since then she continued to get the same regularly till December, 1996. However, from January, 1997, her family pension was suddenly stopped, whereupon she on enquiry learnt that the treasury was unable to make payment of pension in absence of disbursal copy of P.P.O. No. F/304/62 (T.S. No. 285 A). She learnt that the Treasury Officer, Bhagalpur vide his letter No. 2486 dated 2-1-1999 had requested Chief Controller of Defence Accounts (Pension), Allahabad (U.P.) for issuance of duplicate copy of PRO and also reminder vide letter No. 2333 dated 4-9-2000 (Annexure 1). It appears that the petitioner also visited the office of...
Tag this Judgment!Manish Mohan Sharma and ors. Vs. Ram Bahadur Thakur and ors.
Court: Patna
Decided on: Feb-14-2003
Chandramauli Kr. Prasad, J.1. Appellants have preferred this appeal under Section 10F of the Companies Act, aggrieved by the order, dated December 22, 2002, passed by the Principal Bench of the Company Law Board, New Delhi, in Company Petition No. 56 of 1996, whereby the application filed by the appellants under Section 634A of the Companies Act for enforcement of the order dated August 19, 1999 has been rejected.2. Facts which are necessary for the decision of this appeal are hereinafter enumerated. Ram Bahadur Thakur Ltd., is a company incorporated and registered under the Companies Act (hereinafter referred to the Act) having its registered office at village Jitwarpur, District Samastipur in the State of Bihar. Ram Bahadur Thakur, Ltd. (hereinafter referred to as the company) had two groups of shareholders, namely the appellants together with their Associates hereinafter referred to as the 'MMS Group' (named after the initials of late Madan Mohan Sharma) and respondents 2 to 4 tog...
Tag this Judgment!Dr. Atia Begum Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-14-2003
Narayah Roy, J.1. Heard Counsel for the parties.2. By this application, the petitioner has substantially prayed for issuance of a direction upon the respondents to implement the decision taken in meeting held on 1-12-1995 under the Chairmanship of the Director, Higher Education, Human Resources Development Department, Government of Bihar. A further prayer has also been made to promote the petitioner from Class III to Class II post as per recommendation madeon 1-12-1995.3. It is submitted by learned Counsel appearing on behalf of the petitioner that the petitioner is serving under K.P. Jayaswal Research Institute, Patna, on Class III post and as per the decision taken in the meeting dated 1-12-1995 virtually it was virtually it was resolved to notify the post held by the petitioner, as one of the posts of Subordinate Education Service, higher category and, therefore, the authorities could have notified the post and the petitioner could have been promoted to Cla'ss II post. It is furthe...
Tag this Judgment!Mohan Prasad Srivastava Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-14-2003
P.K. Deb, J. 1. Both the cases are taken up together as they relate the same grievance of retired benefits of the petitioner. 2. Admittedly, the petitioner was appointed by the Industries Department of the State of Bihar on purely temporary basis in the month of October, 1961 in the post of Store Keeper under Bicycle Sanjojana Scheme vide Annexure-1 and immediately after appointment in the month of October, 1961 when Bihar State Small Industries Corporation Limited (hereinafter to be referred as the 'Corporation') was set up then all the Sanjojana Scheme so were amalgamated with the Corporation and vide Annexure-3 all the employees both temporary and permanent of the Industries Department being appointed under various Schemes had been transferred to the Corporation. Regarding the temporary staff as that of the petitioner following term was imposed during the course of transfer as per Annexure-3 itself dated 22-1-1962: Temporary Staff.--The services of all temporary staff of the Indu...
Tag this Judgment!Life Insurance Corporation of India Vs. Biresh Kumar Sinha
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Feb-14-2003
D.P.S. Choudhary, President: 1. This appeal has been preferred by the O.P. - appellant (L.I.C.) against the order dated 25th September, 1996 passed by District Forum, Bhagalpur in Complaint Case No. 106/1995 directing the appellant to pay a sum of Rs. 10,000/- with 18 per cent interest to the complainant besides Rs. 500/- as litigation cost. 2. The brief fact of the case is that complainants wife, Sushila Ambastha, had an insurance policy bearing No. 510380362 which commenced from 28.11.1990 for a sum of Rs. 10,000/-. The mode of payment of the premium was quarterly. The life assured deposited eleven quarterly premiums till 2.12.1992. She died on 13.12.1992. The complainant submitted death claim in prescribed form and other queries of the LIC were also complied with by the complainant. The complainant also approached the LIC office several times but did not get the sum assured. Thereafter he had filed the case before the District Forum. 3. In pursuance of the notice LIC appeared and fi...
Tag this Judgment!Dilip Goswami and anr. Vs. Nil
Court: Patna
Decided on: Feb-10-2003
S.N. Jha and P.N. Yadav, JJ. 1. A common question of law has been raised for consideration in these two cases and, as such, they have been heard together and are disposed of by this common judgment. The question is whether without adjudication of the status and rights of an under-raiyat under Section 48-E of the Bihar Tenancy Act (in short 'the Act'), application by him under Section 48-D of the Act is maintainable. In view of the conflicting opinion on the point a learned Single Judge referred these cases to Division Bench for an authoritative pronouncement and that is how the cases have come before this Bench. 2. Though the result of the cases would ultimately depend on their facts, we consider it appropriate to first decide the question of law. The relevant provisions of the Act may be noticed at one place as under:-- '48-C. Acquisition of right of occupancy by under-raiyats.--Every person who, for a period of twelve years, whether wholly or partly before or after the commencement ...
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