Patna Court April 2003 Judgments
Binod Kumar Nayak Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-28-2003
Aftab Alam, J. 1. A statement of one's loan account, one would expect to get from the bank/financial institution in the normal course. But in this State it is seldom, if ever, that the borrower is able to get a copy of his loan account. Curiously, in a large number of cases coming to the notice of this Court the statement of the loan account was not furnished to the borrower even when a certificate case was instituted by the bank/financial institution for recovery of its dues. In the absence of the statement of account, the borrower, facing the highly coercive recovery proceeding is at a disadvantage to see whether or not the interest was charged correctly and payments, if any, made by him were duly accounted for. The case in hand only illustrates the point.2. The petitioner took an agricultural term loan of Rs. 1,90,000/- from the State Bank of India, Agriculture Development Branch, Basopatti, Madhubani. The loan was granted on March, 2, 1996 and in terms of the loan agreement it wa...
Tag this Judgment!Md. Halim Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-28-2003
Ravi S. Dhavan, C.J. and R.N. Prasad, J. 1. The delay is condoned. 2. As the writ petition was sans details, the learned Judge dismissed the writ petition with the following order: 'Heard Mr. Md. Kamran for the petitioner, learned junior counsel to Government pleader No. II, and Mr. A.K. Jha for the Accountant General, Bihar, Patna. According to the writ petition, the petitioner was appointed as an Extra clerk by the Department of Registration on 17-3-1961 (Annexure-1). He was thereafter made a temporary clerk by order dated 16-1-1981 (Annexure-2). He was finally made permanent clerk in the Department of Registration vide order dated 13-1-1999 (Annexure-2/A), It is further stated in the writ petition that he superannuated from the services of the Bihar Government with effect from 30-11-1999, while working as permanent clerk. The petitioner complains before this Court that his post-retirement benefits have been fixed on the basis of the service rendered by him from 16-1-1981 to 30-11-...
Tag this Judgment!The Bihar State Co-operative Land Development Bank Ltd. and anr. Vs. A ...
Court: Patna
Decided on: Apr-25-2003
Nagendra Rai and R.S. Garge, JJ. 1. This order shall dispose of LPA 540/ 2001 arising out of CWJC 4791/2001 decided on 7-5-2001 where under the order Annexure 2 has been quashed by the learned single Judge; LPA 541/2001 arising out of CWJC 2059/2001 decided on 7-5-2001 whereunder the order Annexure-2 has been quashed; LPA 542/2001 arising out of CWJC 1371/2001 decided on 7-5-2001 whereunder the order Annexure 1 has been quashed; LPA 543/2001 arising out of CWJC 1120/2001 decided on 7-5-2001 whereunder the order Annexure 1 has been quashed; LPA 544/2001 arising out of CWJC 1118/2001 decided on 7-5-2001 whereunder the order Annexure 1 has been quashed; LPA 545/2001 arising out of CWJC 3573/2001 decided on 7- 5-2001 whereunder the order Annexure 7 has been quashed; LPA 551/2001 arising out of CWJC 6621/2001 decided on 17-5-2001 whereunder the order Annexure 1 has been quashed; LPA 552/2001 arising out of CWJC 1634/2001 decided on 7-5-2001 whereunder the order Annexure 21, 22 and 23 have...
Tag this Judgment!Mohan Mohan and Co. Pvt. Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-25-2003
1. Heard learned counsel for the parties. The petitioner has filed the present writ application challenging the order dated January 28, 2003 passed by the Additional Commissioner, Commercial Taxes, Bihar, Patna, in exercise of revisional power under Section 46(4) of the Bihar Finance Act, 1981 by which he has rejected the revision application filed by the petitioner on the ground of delay in approaching him.2. In view of the nature of order which we propose to pass, it is not necessary to state facts in detail.. Suffice it to say that the petitioner is registered under the Bihar Finance Act, 1981, hereinafter referred to as 'the Act' and assessment proceeding was initiated and ex parte order of assessment had been passed on January 28, 2000 under Section 17(3) of the Act for the assessment year 1997-98. The petitioner did not challenge the said order in appeal. The petitioner filed revision application in December, 2002.3. It is admitted at the bar that no period is prescribed for fi...
Tag this Judgment!Harinagar Sugar Mills Ltd. and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-25-2003
Nagendra Rai, J. 1. The petitioners in both the cases, which are companies registered under the Indian Companies Act and are engaged in the manufacture and sale of sugar, have filed the present writ applications for quashing the notification dated 25-7-2001, issued by the Government in exercise of poser under Sub-section (1) of Section 3 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') in respect of the scheduled goods listed therein so far as the same is applicable to the industries of the petitioners. Later on, they challenged the vires of the amended provisions of the said Act brought by Bihar Act 10 of 2001. The copies of the amendments brought in the Act as well as the notification issued under Sub-section (1) of Section 3 of the Act have been annexed in both the writ applications. However, hereinafter reference will be made to the annexures appended in C.W.J.C. No. 6540 of 2002. 2. The fact...
Tag this Judgment!Phuleshwar Jha Vs. Bihar Public Service Commission and ors.
Court: Patna
Decided on: Apr-24-2003
Narayan Roy, J. 1. Heard Counsel for the parties, 2. The grievance of the petitioner is against office order No. 736 dated 1 -3-2002, whereby and where under the juniors to the petitioner, namely, respondent Nos. 6 to 10, were promoted to the posts of Section Officers ignoring the case of the petitioner. The petitioner also seeks direction upon the respondents to promote him to the post of Section Officer with effect from 1-3-2002, from which date his juniors were promoted. 3. Learned Counsel appearing on behalf of the petitioner submits that in this regard the petitioner has filed several representations before the authorities concerned, as contained in Annexures 9, 10 and 11, but the same have not been considered and disposed of. 4. Considering the facts and circumstances of the case, respondent No. 2, Secretary, Bihar Public Service Commission, Patna, is directed to consider and dispose of the representation filed by the petitioner by a speaking order within a period of three mo...
Tag this Judgment!Uma Shanker Jha and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-24-2003
Ravi S. Dhavan, C.J. and R.N. Prasad, J. 1. This appeal has been filed against the judgment on CWJC No. 6568 of 1995 dated 8 April, 1996. While the appellants have not been able to make out a clear cut case that a writ ought to have been granted on the writ petition, the Court cannot help in observing that the pleadings made by the State were hap hazard, slip-shod and without responsibility.2. The State appears to have contradicted itself between the vacancy it accepts and later which were not available to be filled up by certain orders of the High Court.3. In so far as the petitioners-appellants are concerned they did make a back door entry. The same posts were directed to be advertised under the orders of the High Court. Thereafter, the issue gets enlarged. Within the forest department certain posts were to be filled from outside candidates also. Relevant merits between outside candidates and internal candidates were to be considered. If outside candidate did not fill up the posts ...
Tag this Judgment!Raghabendra Choudhary Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-24-2003
Narayan Roy, J. 1. Heard Counsel for the parties. 2. The petitioner by this writ application seeks direction upon the respondents to pay arrears of difference of salary from September 1985 to February 1999 on account of enhancement of the pay scale of the petitioner. 3. On own showing of the petitioner, it appears that the pay scale of the petitioner was enhanced on 22-9-1993 as first time bound promotion was granted to him. This writ application is, however, being filed after ten years for grant of the reliefs sought for in this writ application. This writ application is, therefore, liable to be dismissed on account of delay and laches. 4. Learned Counsel appearing on behalf of the petitioner submits that the petitioner has filed several representations, as contained in Annexures 7 series and 8 series. 5. It appears that the representation was filed by the petitioner in the year 1999 after lapse of six years. 6. Considering the facts and circumstances of the case, therefore, I ...
Tag this Judgment!Renu Devi and Etc. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-24-2003
Aftab Alam, J. 1. These two writ petitions arise from pre-emption proceedings with regard to different pieces of land from the same plot. These two cases were, therefore, heard together and are being disposed of by this common order.2. Renu Devi the petitioner in C.W.J.C. No. 11439 of 2002 and Kshema Devi the petitioner in C.W.J.C. No. 11459 of 2002 are the respective vendees. Deonath Jha who is the common respondent No. 5 in both the writ petitions is the pre-emptor and the deceased mother of respondent No. 6, again common in both the cases, was the vendor. The petitioners in the two cases lost before the D.C.L.R. who by his order, dated 24-4-2000 passed in Pre-emption Case No. 1/96-97 (giving rise to C.W.J.C. No. 11439 of 2002) and Pre-emption Case No. 2/96-97 (giving rise to C.W.J.C. No. 11459 of 2002) allowed the claim of pre-emption raised by respondent No. 5. The orders passed by the D.C.L.R. were set aside in appeal and the Additional Collector, Sheohar by his orders dated 21-1...
Tag this Judgment!Prof. Kishori Das and anr. Vs. the Union of India (Uoi), Through the M ...
Court: Patna
Decided on: Apr-24-2003
Ravi S. Dhavan, C.J. and R.N. Prasad, J. 1. This petition, it appears, may have served its purpose already by receiving publicity even before presentation before the Court. As the petition was in the process of being filed, its contents were flashed in the newspapers, in a free Democracy, perhaps the intention to file a case may be news, the Court will leave this aspect at that. But that a case was not taken up as a measure of urgency and a mention was declined, as reported in some sections of the Press, was not exactly correct reporting. The case was filed and it was found ' defective. The case file was taken out of Court to remove the defects. It was filed at the High Court after removal of defects yesterday, 23 April, at 4:50 p.m. after Court hours. Newspapers may report, but reporting also depends upon faith that what is put in print is correct. Reports in yesterday morning's newspapers on this matter were not. 2. This petition draws the attention of the High Court to a political...
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