Patna Court March 2003 Judgments
Vinay Kumar Varma Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-31-2003
Narayan Roy, J. 1. Heard Counsel for the parties. 2. The petitioner now confines this application only for issuance of direction upon the State authorities to pay his due-salary with effect from 15-1-1991 till the date of revocation of his suspension with effect from 21-10-2002 and for the subsequent period. 3. It is submitted by learned Counsel appearing on behalf of the petitioner that by virtue of order, as contained in Annexure-10, the petitioner was released from suspension with effect from 24-10-2002 and a punishment of withholding of two increments with cumulative effect was imposed upon him and he was directed to be adjusted in the Collectorate of Darbhanga, wherefrom he will claim for his salary from the date of his joining, but till date, the Collector, Darbhanga, has not accepted his joining nor his arrear of salary due from 15-1-1991 till date has been paid by the State Government. 4. A counter-affidavit has been filed on behalf of the State acknowledging therein the claim...
Tag this Judgment!Purushottam Mishra Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-31-2003
Narayan Roy, J. 1. Heard Counsel for the parties. 2. The order, as contained in Annexure-18, is under challenge, whereby and whereunder, the petitioner third time has been reverted to his substantive post of basic health worker. 3. It appears that the petitioner was substantially appointed on the post of basic health worker under the respondents in the year 1980 and thereafter by virtue of the order dated 18-12-1985, the petitioner was promoted to the post of clerk in the pay-scale of Rs. 580-860. After issuance of the order of promotion, the petitioner was reverted back to his substantive post with effect from 15-6-1986. The petitioner challenged the order of reversion before the State Administrative Tribunal and the State Administrative Tribunal vide its order, as contained in Annexure-4, directed the petitioner to file a representation before the authority and the authorities were directed to consider the same. Pursuant to which the representation of the petitioner was considered ...
Tag this Judgment!Mahendra Singh Vs. State of Bihar
Court: Patna
Decided on: Mar-31-2003
A.K. Sinha, J.1. The sole appellant, namely, Mahendra Singh has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.2. The prosecution story, as disclosed in the Fardbeyan-cum-dying declaration of the informant recorded by ASI Sheo Sagar Singh (PW 13) on 18.3.1995 at 9.15 a.m., is that the deceased, namely, Nayanpati Devi had given a sum of Rs. 1,600/- to the appellant six months ago. On 17.3.1995 at about 9.00 p.m. the appellant came to the house of the deceased who demanded her money which the appellant owned, where-upon, the appellant is alleged to have abused her and also thrashed her on the ground and thereafter the appellant poured kerosene oil on the body of the deceased from a 'Dhibri' and set fire. The deceased raised alarm on which the neighbours, namely, Dharohari Devi, Khalil Mian and others came and tried to extinguish the fire and seeing them the appellant fled away. The villagers informed the sister of the in...
Tag this Judgment!Dina Nath Prasad and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-31-2003
S.N. Jha, J. 1. The dispute in these cases, relates to regularisation of services. There are 21 petitioners in all. They claim to be non-teaching employees of Shivdeni Ram Ayodhya Prasad College (SRAP College), Bara Chakia, district East Champaran (hereinafter referred to as 'the College'). They seek quashing of the order, contained in Memo No. 573 dated 3-5-2001 of the Secretary, Higher Education Department, Government of Bihar, rejecting their claim for claim for regularisation of the services on Class III/IV posts, and the consequential letter of the Registrar, B.R. Ambedkar Bihar University dated 8-6-2001, and, further, a direction upon the respondents to absorb them in the service of the University. 2. The petitioners had approached this Court earlier too in different writ petitions which were disposed of with a direction to the State Government to consider their cases. The State Government in the Department of Higher Education by letter No. 532 dated 9-8-2000 constituted a thre...
Tag this Judgment!Basant Yadav and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-31-2003
Ravi S. Dhavan, C.J. 1. All these petitions whether filed as public interest litigation relate to one basic issue about the setting up of retail vends of liquor shops whether country liquor or foreign liquor.2. It needs to be placed on record and this aspect has now become relevant that the first of these cases came to the Patna High Court in 1985, almost twenty years ago. This was CWJC No. 323 of 1985 : Basant Yadav v. The State of Bihar and Ors.. This petition came from District of Gaya. The grievance of the petitioner in that petition was that liquor shops are being opened or have been opened indiscriminately in utter violation of the Bihar Excise Act, 1915 and rules under the Acts. There are Rule Nos. 407-F and 471-F of 1919. The petitioners having made out a prima facie case that the grievance indeed had to be looked into by the State respondents received an order that he may file his representation as an objection when fresh licenses are issued and any liquor shops are establis...
Tag this Judgment!Smt. Sita Devi Vs. the Bihar State Financial Corporation and ors.
Court: Patna
Decided on: Mar-28-2003
Aftab Alam, J. 1. The Indian Contract Act is indeed an old Act of 1872. But that does not mean that its provisions have become otiose or are un-enforceable. The Bihar State Financial Corporation does not seem to realise this simple truth and that lies at the root of this litigation. 2. The petitioner was informed that her deceased husband had defaulted in the repayment of the Corporation's loan with regard to the unit held by him, namely, M/s. Sahu Mills, Vidyapati Nagar, Samastipur; that the Corporation had, therefore, decided to recover its loans by selling the unit in favour of M/s. Alliance Agro Industries (P) Limited from whom it had received the best offer in response to the auction sale notice published under Section 29 of the State Finance Corporation Act, 1951. The Corporation further informed the petitioner that before the sale of the unit was finalised in favour of M/s. Alliance Agro Industries, it would be open to her to retain the unit by clearing in full the balance outs...
Tag this Judgment!Associated Cement Company Limited Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-28-2003
1. The petitioner, a company registered under the Companies Act, has filed the present writ application for quashing the demands dated May 30, 2002 and June 24, 2002 issued by the Deputy Commissioner, Commercial Taxes, Patna Special Circle, Patna, directing the petitioner to deposit the amount of sales tax under the provision of the Bihar Finance Act which he has not paid by claiming the same to be adjusted towards the entry tax already paid by it under the provisions of the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 (hereinafter referred to as 'the Act').2. The necessary facts for disposal of the present application are that the petitioner being a company registered under the Companies Act has two manufacturing units one at Sindri and another at Jhinkpani, prior to bifurcation of the erstwhile State of Bihar the units were registered under the Bihar Finance Act and as well as under the Act and the consolidated registration was made at ...
Tag this Judgment!The Deputy General Manager, Canara Bank Vs. Mr. Vidya Bhushan Prasad a ...
Court: Patna
Decided on: Mar-28-2003
Nagendra Rai and C.M. Prasad, J. 1. Heard learned Counsel for the parties. 2. This appeal is directed against the order dated 26-3-2001 passed by the learned single Judge dismissing the review application filed by the appellant for review of the order date 16-1-1997 passed in C.W.J.C. No. 11923 of 1995, whereby the learned single Judge has ordered that the respondent employee of the appellant bank is entitled to payment of full salary for a period of suspension exceeding one year. 3. The brief facts leading to the filing of the present appeal are that the respondent Vidya Bhushan Prasad was employed as Clerk in Canara Bank. The Bank found that he had illegally/fraudulently withdrawn Rs. 4,53,068 from the Bank and accordingly on 31st May, 1993 he was put under suspension in contemplation of departmental proceeding. On 30th June, 1993 the Central Bureau of Investigation registered First Information Report with regard to the aforesaid fraudulent withdrawal of the amount under the provi...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Sunil Stores
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Mar-28-2003
D.P.S. Choudhary, President: 1. This appeal has been preferred by the O.P. (New India Assurance Company) against the order dated 27.8.1997 passed by District Forum, Darbhanga in Case No. 9/1996 whereby and where under the District Forum has allowed the complaint case and directed the appellant-O.P. to pay Rs. 3,32,475/- along with interest at the rate of 18 per cent from 19.10.1993 till the date of payment and also directed to pay Rs. 5,000/- as compensation and Rs. 2,000/- as cost of litigation. 2. The brief fact of the case is that cloth shop of the complainant was insured with the appellant. A theft was committed in the shop on 19.10.1993. F.I.R. was lodged with the police and an information was also sent to the Insurance Company. The shop was insured for Rs. Ten lakhs under burglary and it was valid upto 19.5.1994. The alleged theft took place during the period of insurance cover. The complainants contention was that cloth worth Rs. 3,07,475/- and cash amount worth Rs. 25,000/- wer...
Tag this Judgment!Kameshwar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-26-2003
Narayan Roy, J. 1. Heard Counsel for the parties. 2. The order of punishment, as contained in Annexure-1, issued vide Memo No. 82250 dated 5-8-2000, is under challenge, whereby and whereunder respondent No. 3 has passed order of punishment against the petitioner on conclusion of the departmental proceeding. 3. Learned Counsel appearing on behalf of the petitioner assails the order impugned mainly on two grounds--firstly, the copy of the inquiry report dated 10-1-2000 was not served upon him, and, secondly, the disciplinary authority has not given opportunity to the petitioner to represent his case as it proposed to impose punishment differing with the inquiry report. Learned Counsel appearing on behalf of the petitioner submitted that a copy of the inquiry report was required to be served on the petitioner and since it was not done, the principles of Natural Justice were violated in view of the judgments rendered in the case of the Union of India and Ors. v. Md. Ramzan Khan (AIR 1991...
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