Patna Court April 2003 Judgments
Umeshwar Dayal Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-30-2003
Ravi S. Dhavan, C.J. 1. This letters patent appeal has been filed to challenge the order dated 4 March, 2003 in CWJC No. 1843 of 2003, Umeshwar Dayal Singh v. The State of Bihar and Ors. The order is reproduced : 'The petitioner seeks direction for his compassionate appointment on the death of his mother in harness. The claim has been rejected twice on the ground that the petitioner's father too is in Government employment and thus in view of the relevant clause of circular No. 11293 dated 5-10-1991 he is not eligible for compassionate appointment. It is submitted on behalf of the petitioner that the parents of the petitioner separated in 1990 itself whereafter the father stopped maintaining the petitioner. This fact was verified in the inquiry. Reference was made to Annexure-3, which is copy of letter of the Anchal Adhikari, Durgawati dated 25-3-2000 before the Establishment Deputy Collector Kaimur, Bhabhua. It states that the petitioner's mother Kamla Devi separated from her husba...
Tag this Judgment!Ram Mukhiya and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-30-2003
Ravi S. Dhavan, C.J. and R.N. Prasad, J. 1. There is insufficiency in the pleadings before the High Court to certify that the action to convert Ali Nagar Prakhand Matsyajivi Swablambi Sahkari Samiti Ltd. into Self Supporting Co-operative Society may be incorrect. The conversion was permitted under the Bihar Self Supporting Cooperative. Societies Act, 1996.2. Conspicuous by its absence are facts that the society in fact had at its meeting of the managing committee decided to seek consent of the members of the society for converting it into a self supporting society under the 1996 Act. Two pleadings which are mentioned in the application before the Court of Registrar, Cooperative societies, Bihar in revision Case No. 78 of 2001 are relevant. These are reproduced: 'That after the enactment of the Bihar Self Supporting Co- operative Societies Act, 1996 majority of the members of the Alinagar Prakhand Matsyajivi Sahyog Samiti Limited wanted that the Society be converted into self supporti...
Tag this Judgment!Chkaradhar Jha Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-29-2003
Narayan Roy, J. 1. Heard Counsel for the parties.2. The petitioner prays for issuance of direction upon the respondents to consider his case for promotion from the post of Assistant Sub-Inspector of Police to Sub-Inspector of Police with effect from 20-8-1994 with all monetary benefit.3. Learned Counsel appearing on behalf of the petitioner submitted that juniors to the petitioners were considered for promotion to the post of sub-Inspector of Police, whereas the case of the petitioner was ignored. It is also submitted that in the last meeting of Departmental Promotion Committee (hereinafter to be referred to as 'DPC') dated 17-2-2002 against some of the juniors to the petitioner were considered and promoted to the post of Sub-Inspector of Police and due promotion was not granted to the petitioner even though his case was considered saying that the writ application filed by the petitioner is pending.4. A counter affidavit has been filed on behalf of the respondents stating therein the...
Tag this Judgment!Most. Anarsa Devi and ors. Vs. Most. Radha Devi and ors.
Court: Patna
Decided on: Apr-29-2003
R.N. Prasad, J. 1. The Letters Patent Appeal has been filed against the judgment and decree dated 10-4-1991 passed in F.A. No. 300/81 whereby the judgment and decree dated 16-5.1981 passed in T.S. No. 66/46 of 1978/80 declaring the compromise judgment and decree passed on 12-1-1978 in T.S. No. 33/77 null and void, has been reversed. 2. During pendency of Letters Patent Appeal, Appellant No. 1, namely, Ram Udgar Mahto and Respondent No. 1, namely, Ram Prasad, Rai died., Their heirs were substituted. However, Ram Udgar Mahto and Ram Prasad Rai hereinafter shall be referred to as Appellant No. 1 and Respondent No. 1 respectively for the sake of brevity and clarity. 3. Ram Prasad Rai (deceased) Respondent No. 1, filed T.S. No. 33/77 against the appellants for specific performance of contract stating therein that the Appellant No. 1, Ram Udgar Mahto (deceased) who was in need of money for paying sudbharana money approached him for sale of 2 bighas 12 kathas 12 1/2 dhoors of land describe...
Tag this Judgment!United Breweries Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-29-2003
1. Heard learned counsel for the parties.2. The petitioner who is a registered dealer under the Bihar Finance Act, 1981 (for short, 'the Finance Act') as well as under the Bihar Tax on Entry of Goods into Local Areas for Consumption, use or Sale Therein Act, 1993 (for short, as 'the Act') has filed the present writ application for a direction to the Collector, Patna, respondent No. 3 and the Assistant Commissioner of Excise, Patna, respondent No. 4, to renew its licence in Excise Form No. 19-C (licence for distribution of duty paid IMFL and beer to wholesale licencee) as prescribed under the Bihar Excise Act for the financial year 2003-2004. Further prayer has been made to direct the Deputy Commissioner, Commercial Taxes, East Circle, Patna City, Patna, respondent No. 6 to issue sales tax clearance certificate for the financial year 2002-2003 and to supply necessary sales tax forms to the petitioner-company.3. The petitioner is a company registered under the Indian Companies Act, 195...
Tag this Judgment!Durga Prasad Sah Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-29-2003
Ravi S. Dhavan, C.J. and R.N. Prasad, J. 1. This case should be an eye opener to the law makers of the nation and those who control the fiscal discipline of public finances. Time after time, this High Court has brought it to the notice of the governments in administration that there is something serious which needs to be addressed on the non-performing assets, that is to say, of loans which have been taken from public financing institutions and banks and such loans remain unpaid. The Court had asked this question from Counsel for the bank on what exactly be the position nationwide of amounts which stand in debt. On instructions this is indicated by Counsel for the State Bank of India as over Rs. 60,000 crores.2. This amount is contributing to the deficit financing in the nation's economy. If this amount of Rs. 60,000/- crores represents loans outstanding against bad debtors then this deficit has to be made up by resorting to taxes, direct or indirect. Innocent people who have nothing...
Tag this Judgment!Mostt. Patri Devi @ Girja Devi and anr. Vs. Ganesh Lal Pradhan and ors ...
Court: Patna
Decided on: Apr-29-2003
P.K. Deb, J. 1. This appeal has raised under Order XLIII, Rule 1 (s) of the Code of Civil Procedure against the order dated 26-7-2001 passed by Sub-Judge III, Araria, in Title Suit No. 183/2000 whereby and whereunder the plaintiffs-appellants prayer for appointment of Receiver as contemplated under Order XL Rule 1 C.P.C. has been rejected.2. Admittedly, the plaintiffs and the defendants are coming from the joint ancestors. Plaintiffs have claimed partition in respect of 7/26th share, According to the plaintiffs, as per averments made in the plaint as revealed from the impugned order that there was some difference in passing the joint family property jointly. But it was further claimed that about five years back the plaintiffs and the defendants have separated themselves in mess and business. But the Joint family property mostly agricultural lands have not been partitioned by metes and bounds by now, although seperate possessions are there. However, the joint family property partition...
Tag this Judgment!The State of Bihar Vs. Baidyanath Prasad Singh and ors.
Court: Patna
Decided on: Apr-29-2003
Ravi S. Dhavan, C.J. 1. In the manner in which the State desires the order on C.W.J.C. No. 12502 of 1993, Baidyanath v. Patna University, to be challenged the record does not reflect well on public accountability either of the State Government or the Patna University. While the Court has heard learned Counsel for the State of Bihar and the Respondent Nos. 1 and 2 appearance on behalf of the University was conspicuous by its absence. The issue in the writ petition plainly is whether the petitioners were entitled to two time bound promotions. The issue was allot settled when, the Secretary, Higher Education appeared before the Court on 17th July 1995 and an order of that date recorded on an undertaking of the Secretary, Commissioner and Secretary, Higher Education, State of Bihar reads: 'Mr. K.C. Saha, Commissioner and Secretary, Higher Education of the State of Bihar is present in Court, He submits that in principle, the State is committed to allow first time bound promotion and secon...
Tag this Judgment!Divisional Manager, United India Insurance Co. Ltd. Vs. Mostt. Sakina ...
Court: Patna
Decided on: Apr-29-2003
P.K. Deb, J. 1. Heard learned Counsel for both the parties. 2. In this appeal filed under Section 173 of the Motor Vehicles Act the quantum of compensation as has been fixed by the learned Tribunal has been challenged. 3. It appears that the quantum of compensation has been fixed on the basis of the theory of multiplication and multiplier of 17 the highest one as per formula has been used by the learned Tribunal. There was some confusion regarding the age of the deceased, As per post-mortem report the age of the deceased was 35 years. But recording to the evidence, the age of the deceased was 30 years. The Court found his age between 30 to 35 years and on considering the chart of multiplier 17 was used by the learned Tribunal. I do not find that such multiplier used by the learned Tribunal is on the higher side but definitely interest @ 15%, as has been fixed by the learned Tribunal, is on the higher side. It should not be more than 9%. 3. In that way, the quantum of compensation, ...
Tag this Judgment!Maa Ganga New Yatayat Swablambi Sahkari Samiti Ltd. and ors. Vs. the S ...
Court: Patna
Decided on: Apr-28-2003
Aftab Alam, J. 1. Heard Mr. Gajendra Kumar Jha, Counsel appearing for the petitioners, Mr. AAG I appearing for the State and Mr. Sanjay Kumar appearing for the BhojpurZila Parishad.2. The dispute in this case relates to settlement of a ferry, namely, Laxman-Chapra-Bahiyara Ghat. The settlement of the ferry for the year, 2003-04 has been made by the BhojpurZila Parishad in favour of one Suryavansh Rai on the basis of a public auction in which he was the highest bidder making an offer of Rs. 705,000/-against the reserve Jama of the ferry fixed at Rs. 3,85,250/-.3. Petitioner No. 1 is a self supporting Co-operative Society of Fishermen and petitioners 2 and 3 are members of the Society. The petitioner Society or its members did not take part in the auction. But, the petitioners insist that as long as the Society was willing to take settlement of the ferry on its reserve Jama, the Zila Parishad was obliged to make the settlement in its favour and it was not open to it to put the settlemen...
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