Patna Court May 2003 Judgments
Bihar Rajya Panchayat Parishad Vs. Election Commission and ors.
Court: Patna
Decided on: May-01-2003
Ravi S. Dhavan, C.J. and R.N. Prasad, J. 1. These proceedings are specifically about the void which exists in the Legislative Council of Bihar. Bihar has a bicameral legislature. Without the Legislative Council its composition for the last two decades has avoided compliance of the Constitution of India as required under Article 171; particularly the representation at from members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify. This aspect is noticed in Sub-clause (a) of Clause (3) of Article 171. The seats in Legislative Council in Bihar were without representation in this context and lie vacant for more than two decades. The last, time the Legislative Council has a full house, was in 1982. What has been noticed in the previous paragraph is not all. The third tier of Government was also missing in Bihar for last two decades. Even after the Constitution was amended by inserting the Chapters on Panchayats and Municipalit...
Tag this Judgment!Subodh Kumar Mishra @ Subodh Mishra Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: May-01-2003
Ravi S. Dhavan C.J. and R.N. Prasad, J. 1. The petitioner-appellant Subodh Kumar Mishra @ Subodh Mishra joined the Army on 29 July, 1982 and while he was posted at the Mechanised Jnfantry Regiment at Ahmednagar, he took ill. He was adjudged as mentally disabled on account of depression as a consequence of alcoholism. He was discharged from the service w.e.f. 17 February, 1992 on medical grounds. The reason why he was discharged from the service was given to him. The petitioner-appellant applied for disability pension. This prayer was rejected by an order of the sanctioning authority, that is, Principal Comptroller of Defence Accounts (Pension) by an order of 18 November, 1992.2. The petitioner-appellant had been put to a medical examination and his psychiatric examination reveals that depression was due to injury sustained in alcoholic intoxication. This fact is mentioned in the counter-affidavit in reply to the petition. The petitioner-appellant was also advised that should he be ag...
Tag this Judgment!Shyama Charan Sinha Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-01-2003
Ravi S. Dhavan C.J. and R.N. Prasad, J. 1. Shyama Chandra Sinha who was the Deputy General Manager with the Bihar State Co-operative Bank Limited, Patna filed CWJC No. 11221 of 2002, Shyama Chandra Sinha v. The State of Bihar and Ors. upon a grievance that the Bank had educated a sum of Rs. 30,000/- from his post retirement benefits and this could not be done.2. This amount needs to be explained. While an employee of the bank Shyama Chandra Sinha stood a guarantor to a principal debtor. This, in effect, under the law meant that should the principal debtor not pay, the guarantor was always there and the loan which was given by the bank was safe and it was safer still as the Deputy General Manager of the Bank had stood guarantee,3. The learned Judge declined to interfere in the recovery which was made from the petitioner. Aggrieved the petitioner has filed the present Letters Patent Appeal.4. Before the Court a novel argument has been made that this amount cannot be recovered as it is ...
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