Patna Court June 2003 Judgments
Universal Drug House Pvt. Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-30-2003
Aftab Alam, J.1. Heard Mr. S.S. Asghar Husain, Senior Advocate appearing for the petitioner and Mr. J.D. Singh, Government Pleader No. 1 representing the State.2. The petitioner is a company engaged in manufacture, sale and distribution of drugs, medicines and pharmaceutical products. It has its manufacturing unit in West Bengal where it holds a licence to manufacture drugs for sale issued by the Director of Drugs Control, West Bengal. The petitioner has its sale out-let(s) in this State and it holds a licence to sell, stock or exihibit or offer for sale or distribute drugs issued by the Regional Licensing Authority in this State, The licence permits the petitioner to sell, stock etc. 51 different items indicated in the licence.3. This writ petition is filed challenging the order passed by the licensing authority (the Regional Licensing Officer, Drugs Control Administration, Patna Division, Patna) under his memo No. 674, dated 20-5-2003 (Annexure 4) cancelling the licence issued to t...
Tag this Judgment!United India Insurance Vs. Sukho Devi and ors.
Court: Patna
Decided on: Jun-27-2003
S.K. Katriar, J. 1. Heard learned Counsel for the appellant and learned Counsel for the respondents. 2. This appeal under Section 173 of the Motor Vehicles Act is directed against the judgment dated 30-9-1999 passed by the learned 3rd Additional District Judge-cum-Claim Tribunal, Darbhanga, in Claim Case No. 1 of 1936 (Sukho Devi and Ors. v. Lalan Kumar Sukla and Ors.) whereby a sum of Rs. 2,24,780 has been awarded to the claimants by way of compensation with interest at the rate of twelve per cent from the date of claim application till the date of recovery on account of the death of Birendra Mahto, husband of respondent No. 2. Another claim case, namely, Claim Case No. 2 of 1996 was filed for compensation on account of the death of Laxmi Mahto, whereby the claimants were awarded a compensation of Rs. 2,15,420 with interest at the rate of twelve per cent from the date of application till the date of recovery. Both the claim cases related to the same occurrence and the same vehicle, ...
Tag this Judgment!Tetari Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jun-27-2003
Radha Mohan Prasad, J. 1. The husband of the petitioner died in harness while posted as Assistant teacher in Primary School, Rajpara in the district of Arwal on 24-10-1991. Her grievance is that she has been kept deprived of the amount of G.P.F. for the period prior to 1976 and the remaining amount of gratuity of Rs. 1,000/ - besides interest on differential amount of salary for the period 1-1-1971 to 31-3-1973. 2. A counter-affidavit has been filed on behalf of District Superintendent of Education, Jehanabad (respondent No. 3) and District Provident Fund Officer, Jehanabad (respondent No. 5). From the counter-affidavit filed on behalf of respondent No. 5 it appears that authority for Rs. 24,695 (Annexure-A) for payment of G.P.F. for the period prior to 1976 with up-to-date statutory interest has been issued on 12-5-2003 in favour of District Superintendent of Education, Jehanabad. However, learned Counsel for the petitioner on instruction submitted that the said amount has not been ...
Tag this Judgment!Dr. Rajnandan Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jun-26-2003
S.N. Jha, J. 1. This writ petition has been filed for salary and allowances and facilities in the light of the decision of the State Government contained in Annexures 2 and 2/A. 2. The petitioner during the relevant time was Chairman of the Bihar State Agro Industries Development Corporation Limited. By Annexure-2 the Joint Secretary, Parliamentary Affairs Department, Government of Bihar, communicated the decision of the State Government to extend the facilities admissible to Cabinet Ministers/ Ministers of State to those Chairman of different Boards and Corporations, who had held the office of the Cabinet Minister or Minister of State respectively in the past. Such of the Chairman who had not held the office of Cabinet Minister or Minister of State in the past were also allowed the facilities available to Ministers of State. Annexure 2/A specified the particulars of the facilities of the Minister of State. The petitioner did not hold the office of Cabinet Minister or Minister of Sta...
Tag this Judgment!Jagarnath Durga Dutt and ors. Vs. Bihar Agricultural Produce Market Co ...
Court: Patna
Decided on: Jun-26-2003
S.N. Jha, J.1. This batch of seven writ petitions involving same dispute has been heard together. The dispute relates to competence of the Bihar Agricultural Marketing Board (hereinafter referred to as the Board) to fix guidelines for levy of the charges in respect of occupation of the shops and godowns at the market yard of different Market Committees and the validity of the demand notice including the certificate proceeding arising therefrom for realisation of the dues by the concerned Market Committees. The dispute arises in the context of the Bihar Agricultural Produce Market Act, 1960.2. The Bihar Agricultural Produce Market Act (hereinafter referred to as the Act or the Market Act) was enacted to regulate buying and selling of agricultural produce and the establishment of markets for agricultural produce in the State of Bihar and for matters connected therewith. Section 15 of the Act inter alia prohibits sale or purchase of any agricultural produce within the meaning of Section ...
Tag this Judgment!Dhrup NaraIn Chaudhary Vs. State of Bihar and anr.
Court: Patna
Decided on: Jun-26-2003
P.K. Sinha, J. 1. This revision application is directed against the order dated 28-9-2001 recorded by the Additional Chief Judicial Magistrate, Siwan in Maharajganj (G.B. Nagar) P.S. Case No. 26 of 1999 as well against the order dated 19-4-2002 recorded by 7th Additional Sessions Judge, Siwan in Cr. Appeal No. 57 of 2001 by which the aforesaid order of the learned lower Court was confirmed. 2. The brief history of the case is that the petitioner was an accused in the aforesaid case which was also under Section 302 of the Penal Code, allegedly having given knife blow to the deceased. The petitioner took a plea that on the date of occurrence he was a juvenile, hence should be given benefits of the Juvenile Justice Act, 1986 ('the Act' in short), the date of occurrence being 3-3-1999. As will appear from the annexed order of the learned Additional Chief Judicial Magistrate, Siwan dated 28-9-2001 that the enquiry under Section 32 of the Act was conducted by the then Chief Judicial Magist...
Tag this Judgment!Bennett Coleman and Co. Ltd. Vs. Presiding Officer, Labour Court and o ...
Court: Patna
Decided on: Jun-26-2003
S.N. Jha, J.1. As facts of the case in these two writ petitions between the same parties are common they have been heard together and are disposed of by this common order. CWJC No. 8417/91 by the Management of the Bennnett Coleman Company Limited (hereinafter referred to as the Management) arises from an award of the labour Court, Patna, directing reinstatement of respondent No. 2, Indu Bharti, (hereinafter referred to as the workman or respondent) with full back wages and other service benefits on a reference under the Industrial Disputes Act (hereinafter referred to as the I.D. Act). CWJC No. 1202/96 of arises from an order holding the respondent entitled to a sum of Rs. 66,000/- with interest @ 12% per annum till realisation in a proceeding under Section 33C(2) of the I.D. Act.2. The foundational facts of the case which are in dispute may shortly be stated as follows. On 24-3-1986 the respondent was appointed as a Trainee Sub-editor (Nav Bharat Times) by the Management for its Pat...
Tag this Judgment!S.K.G. Chini Mill Mazdoor Sang and ors. Vs. the State of Bihar and ors ...
Court: Patna
Decided on: Jun-25-2003
S.N. Jha, J.1. This batch of eight writ petitions involving a common dispute were heard together and are disposed of by this common order. The petitioners in effect and substance seek direction upon the respondents to take over the services of the employees and workmen of SKG Sugar Limited Lauriya, SKG Sugar Limited, Hathua and SKG Sugar Limited, Siwan, hereinafter referred to as the Undertakings.2. The Bihar Sugar Undertakings (Acquisition) Act, 1976 (Bihar Act XIII of 1977) (hereinafter referred to as the 1976 Act) was enacted by the State Legislature to provide for acquisition and transfer of certain sugar undertakings in the State of Bihar and for matters connected therewith and incidental thereto. The schedule appended to the Act contained list of eight sugar undertakings. In terms of Section 3 of the Act the undertakings listed in the schedule stood transferred to and vested in the . Government of Bihar/Bihar State Sugar Corporation Limited on and from the appointed day with all...
Tag this Judgment!Geeta Nath Jha Vs. Lalit Narayan Mithila University and ors.
Court: Patna
Decided on: Jun-25-2003
S.N. Jha, J. 1. The petitioner seeks direction upon the L.N. Mithila University to pay him salary from 23-7-2001. He is a Reader in the Department of Commerce in LNJ College, Jhanjharpur, under L.N. Mithila University. While in service of the University he contested the election for the office of Mukhiya from Mahrail Gram Panchayat within Andhrathadhi Block of Madhubani District and was declared elected on 15-5-2001. He took oath of the office on 23-7-2001 and has been holding the office of Mukhiya since then. 2. The case of the petitioner is that he contested the election after taking permission from the University. After election he has been performing the duties of two posts without any difficulty. If for any unavoidable reason he is not able to perform the duties of Mukhiya, the Up-Mukhiya can function in his absence. Thus petitioner's continuance as Mukhiya is not likely to cause any obstruction in discharge of his duties as Reader, and as he has been actually performing the dut...
Tag this Judgment!Shri Niwas Dubey Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-25-2003
S.N. Jha, J. 1. The dispute in this case relates to the superannuation age of Class III employees of the Magadh University and its colleges. 2. The short facts of the case are that the petitioner was appointed as Cashier in T.P.S. College, Patna on 27-10-1976. He joined the post on 1-11-1976. On 5-2-2003 he was informed by Annexure-2 that he would be retiring from service on reaching the age of superannuation of 60 years on 28-2-2003. The case of the petitioner is that the superannuation age of non-teaching employees of the University/College appointed prior to coming into force of Bihar State Universities Act, 1976, vide Section 67 of the Act, is 62 years. His date of birth being 5-2-1943 he is entitled to continue in service upto February, 2005. His retirement with effect from 28-2-2003 is thus premature and illegal. 3. The stand of the University is that the superannuation age of non-teaching staff appointed prior to 16-8-1976 is 62 years whereas those appointed on or after 16-8-1...
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