Patna Court May 2003 Judgments
Binay Shankar Tiwari and Etc. Etc. Vs. State of Bihar and ors.
Court: Patna
Decided on: May-06-2003
R.S. GARG, J. 1. This order shall dispose of C. W. J. C. No. 9588 of 2002 (Binay Shankar Tiwari v. The State of Bihar and others) along with the nine writ applications, the descriptions of which have been mentioned above. 2. In all the writ application except in C. W. J. C. No. 9918 of 2002 (Raj Kishore Singh and others v. The State of Bihar and others) the applications filed by the petitioners before us, for accepting the surrender of the vehicles in accordance with Section 17 of the Bihar Motor Vehicles Taxation Act, 1994 (hereinafter referred to as 'the Taxation Act') have been rejected while in C. W. J. C. No. 9918/2002 no final orders on an application to accept the surrender have been passed. 3. The petitioners, various in number, are having different motor vehicles. The said motor vehicles are registered with the State Transport Authority/Regional Transport Officers. The vehicles undisputedly are in running conditions and if the surrender is not accepted then are liable to ta...
Tag this Judgment!Srimati Rehana Khatun Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-06-2003
S.K. Katriar, J. 1. Heard, Mr. Awadhesh Kumar Mishra for the petitioner, Mr. S.S.Naiyar Hussain, Govt. Pleader No. II for Respondent Nos. 1 to 4, and learned Counselfor Respondent No. 5 (Settlement Officer Jharkhand, Ranchi). According to the writpetition, the petitioner's late husband (Late Azijuddin Ahmad) was in the services ofthe Bihar Government who superannuated with effect from 31-12-1981 while he wasposted as Assistant Settlement Officer, Senna, Rachi. He died on 5-5-1995. Thepetitioner complains before this Court that no part of the post-retirement benefitsadmissible to her late husband, nor the benefits admissible to her in the capacity of the widow consequent upon the demise of her husband, has been paid to her in spiteof persistent efforts. 2. Learned Govt. Plaeader No. II appearing for Respondent Nos. 1 to 4 has placed on record and submits that this writ petition raises such stale claims that Respondent Nos. 1 to 4 are unable to deal with the situation, inter-alia, beca...
Tag this Judgment!Prem Prakash Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: May-06-2003
Narayan Roy, J. 1. Heard Counsel for the parties. 2. The petitioner, substantially, prays for revocation of the order of suspension dated 19-9-2000, as contained in Annexure 1, solely on the ground that till date the departmental proceeding has not proceeded. 3. Learned Counsel appearing on behalf of the petitioner submitted that by virtue of the order, as contained in Annexure 1 dated 19-9-2000, the petitioner was put under suspension' in contemplation of the departmental proceeding and it would appear from the materials on record and also the counter-affidavit that till date inquiry has not been concluded. Learned Counsel has drawn my attention to Annexure 11 dated 4-3-2003, which is the communication made by the inquiry officer to the Director (Administration), Secondary, Primary and Adult Education, Government of Bihar, Patna, wherefrom it appears that there is no headway in the departmental proceeding. 4. In the counter-affidavit, no plausible explanation has been given for ke...
Tag this Judgment!Divisional Manager, Oriental Insurance Company Vs. Rahul Ranjan Khad a ...
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: May-06-2003
D.P.S. Choudhary, President: 1. This appeal has been preferred by the appellant-O.P. Oriental Insurance Company (hereinafter referred to as Company) against the order dated 10.12.2002 passed by District Forum, Ara in Complaint Case No. 58/2002 directing the appellant to pay a sum of Rs. 1,65,000/- for the loss suffered by the complainant which is suffered due to flood and allowed the interest @ 18% and litigation cost of Rs. 1,000/-. 2. The brief fact of the case is that complainant has a cement and fertiliser store in the name and style of Rahul Ranjan Khad and Cement Store. He took loan from Punjab National Bank for this business for his livelihood. He has insured the store with the appellant for a value of Rs. three lacs. In the night of 5.10.2001 there was heavy rain which caused damage to the fertiliser and cement kept in the shop and godown attached to each other. On 6.10.2001 the complainant informed the appellant-Company of the occurrence. On the same date a Surveyor Sri S.K. S...
Tag this Judgment!Nitishwar Prasad Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: May-05-2003
Narayan Roy, J. 1. Heard Counsel for the parties.2. By this writ application, the petitioner has prayed for issuance of a direction upon the respondents to reinspect the school the question in order to give recognition and to permit the students of this school to appear in the ensuing annual examination to be held from 12-8-2002. However, in I.A. application the prayer has been moulded to the extent to issue direction to the State authorities to allow the students of the school in question to appear in the ensuing examination commencing from today.3. Mr. Ganesh Prasad Singh, learned Senior Counsel appearing on behalf of the petitioner, submitted that the students of the similarly situated institutions, specially owned by the State of Bihar, are being allowed to appear in such examination even though their affiliations have expired in September 1999.4. So far the first prayer of the petitioner that the school in question be reinspected is concerned, it appears from the counter affidav...
Tag this Judgment!Vishwa Budha Parishad Vs. Commissioner of Income-tax and ors.
Court: Patna
Decided on: May-05-2003
1. The present writ application has been filed by the petitioner challenging the order dated December 17, 1999, passed by the Commissioner of Income-tax, by which the application filed by him for renewal of exemption under Section 80G(5) of the Income-tax Act, 1961, has been rejected after coming to a definite finding that the institution has made very low expenses out of the total donation received under Section 80G(5) of the Act. 2. After perusal of the materials on record, this court does not find any reason to interfere with the order in exercise of writ jurisdiction. Accordingly, this writ application is dismissed....
Tag this Judgment!Bengali Sao and anr. Vs. Ram Chandra Sao and anr.
Court: Patna
Decided on: May-02-2003
P.N. Yadav, J.1. In the rural Indian Society, the social evil popularly described as bride burning does not appear to have shown a descending graph. Despite legislative enactments providing for stringent penal provisions distressing and sordid tale of young married girls becoming victims of dowry death is continuing. Death of Meena Devi is one in the chain of married girls becoming victims of lust for money and other materialistic objects of their in-laws.2. The deceased Meena Devi, daughter of the informant Anandi Prasad (PW 1) of Nawadah was in the year 1983 married to the appellant Shambhu Kumar @ Shambhu Sao, son of Ram Chandra Sao resident of Gumti Road, Warsaliganj. Her Gauna was performed one and a half years after her marriage. Thereafter, spouses started leading conjugal life. As ill-luck would have it, soon after arrival of the deceasd Meena Devi in her matrimonial home her in-laws started subjecting her to cruelty and harassment to pressurise her to fetch scooter, televisio...
Tag this Judgment!Rajesh Kumar Tiwari and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: May-02-2003
M.L. Visa, J. 1. The present application by petitioners has been filed for initiating Contempt of Court proceeding against Opposite Parties No. 2 and 3 for wilfully and deliberately violating the order dated 2-12-1997 passed by this Court in Cr. Misc. Mo 20398 of 1997.2. The case of petitioners is that they were made accused in Dumka Sadar Police Station Case No. 97 of 1997 registered under Sections 406, 420, 120B, Indian Penal Code and they filed anticipatory bail application before this Court which was numbered as Cr. Misc. No. 20398 of 1997 and this application was heard on 2-12-1997 by a Bench of this Court (since retired) and the Court was pleased to issue notice to informant of aforesaid case after adding him as Opposite Party No. 2 in Cr. Misc. 20398/97 and it was further pleased to order that in the meantime, no coercive steps shall be taken against the petitioners (Annexure-1). On 9-12-1997, petitioners filed an application before the Court below annexing the photo copy of o...
Tag this Judgment!Sunil Kumar Mehrotra Vs. State of Bihar and ors.
Court: Patna
Decided on: May-01-2003
Aftab Alam, J.1. There is a single petitioner in C.W. J.C. No. 12155 of 2002. He is one of the sureties to the Loan given by the Bihar State Credit and Investment Corporation Limited (BICICO) to a company called M/s Sunil Polyplast Limited. In C.W.J.C. No. 5u1 of 2003 there are two petitioners. Petitioner No. 2, M/s Eastern Food Industries Pvt. Limited had taken a loan from the BICICO and Petitioner No. 1 is the surety for the repayment of the loan. The petitioners in both the cases seek the same relief under similar sets of facts and circumstances and the two cases raise a common question of law. These two cases, therefore, though heard at a gap of four days are being disposed of by this common judgment.2. The question of law that arises for consideration in these two cases is whether for the recovery of loan granted by the BICICO the surety (the guarantor) can be proceeded against under the provisions of the Public Demands Recovery Act on the basis of a clause in the loan agreement ...
Tag this Judgment!Arun Kumar Singh Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: May-01-2003
Chandramauli Kr. Prasad, J. 1. Prayer of the petitioner in this application filed under Article 226 of the Constitution of India is to quash the order dated 3-4-2002 whereby the petitioner has been visited with the penalty of compulsory retirement. Further prayer made by him is to quash the order dated 27-8-2002 and order dated 31-10-2002 whereby the appeal and the memorial preferred against the order of the disciplinary authority has been rejected.2. Short facts giving rise to the present application are that at the relevant time petitioner was a Constable in the Central Reserve Police Force (for short the Force). A departmental proceeding was initiated and by memo dated 8-10-2001 (Annexure-1) memo of charges served which contained three charges. First charge pertained to petitioner's absence from duty on different shifts for 118 days and deserting the force for the same number of days Punishment of withholding of salary on three occasions earlier was also the subject matter of char...
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