Patna Court August 2003 Judgments
Smt. Shakuntala Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-07-2003
Aftab Alam, J.1. Smt. Shakuntala Devi is the widow of the Surya Bhushan Sinha who had filed this writ petition seeking direction(s) to the respondents for payment of the retiral dues. He died during the pendency of this case and his widow got herself substituted in his place for prosecuting the claim.2. Surya Bhushan Sinha retired on 28-2-1993 while he was working as a Clerk in Nalanda Medical College Hospital. After more than four years of his retirement he was paid Rs. 10,191/-. This amount was paid to him as provisional pension (90%), gratuity (90%) and leave encashment, after deducting Rs. 61,129/-, which according to the concerned authorities was paid to him as excess salary on the basis of the two time-bound promotions wrongly allowed to him. When no further payments of his retiral dues were made, he filed this writ petition before this Court in January, 2000 and shortly thereafter he died on 22-4-2001. Thus, in the nine years during which he survived after his retirement in 19...
Tag this Judgment!Sai Iron (India) Limited Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-06-2003
Aftab Alam, J.1. This writ petition has been filed challenging the order, dated 21-2-2003 passed by the Director of Industries, Bihar (Copy at Annexure-13/A). By the impugned order the Director of Industries rejected the claim of power subsidy for the period March 1996 to December, 2000 amounting to Rs. 8,00,500/-, made by the petitioner under the State Government's Industrial Incentive Policy, 1993. The claim is rejected on two grounds: (i) on corning into force of the industrial Policy, 1995 the petitioner failed to exercise its option and did not give in writing that it would avail of the benefits under the Industrial Policy, 1993 and (ii) in any event the industrial Policy, 1993 had expired on 31-3-1998 while the claim of the petitioner was upto December 2000 i.e. for a period beyond the term of 1993 Policy.2. The State Government in the department of Industries announced Industrial Policy, 1993 under which a number of incentives/benefits were promised and provided to the industr...
Tag this Judgment!Lakhan Thakur and ors. Vs. the State of Bihar
Court: Patna
Decided on: Aug-05-2003
I.P. Singh, J. 1. Appellant Nos. 1 and 2, namely, Lakhan Thakur and Chamari Thakur have been convicted under Section 326 of the Indian Penal Code and sentenced to undergo R.I. for six years each. Appellant No. 3, namely, Lal Bihari Thakur has been convicted under Section 324 of the Indian Penal Code and was sentenced to undergo R.I. for three years. 2. Prosecution case, in short, is that on 9-10-1987 at about 1.30 p.m. the informant had come to Jehanabad Civil Court to appear in a case along with his brother Chotan Thakur and Dimagi Thakur in the Court of the C.J.M., Jehanabad for their bail. After filing their attendance in the Court they were taking tea in a tea stall in the Court compound. His co-villager Lai Bihari Thakur, Lakhan Thakur and Chamari Thakur came there, armed with scissors along with Ram Kewal Thakur, Bhagwan Thakur and Ram Payare Thakur in the tea stall. It has been alleged that the accused Lal Bihari Thakur assaulted with scissors in the back of the informant ca...
Tag this Judgment!Bihar Public Service and anr. Vs. Vinoy Kumar Singh and anr.
Court: Patna
Decided on: Aug-04-2003
A.R. Lakshmanan, J. 1. This appeal was filed by the Bihar Public Service Commission (hereinafter referred to as 'the Commission') against the judgment and order dated 5-12-1994 of the High Court of judicature at Patna passed in letters patent appeal No. 147 of 1988 whereby a Division Bench allowed the said appeal of respondent No. 1/writ petitioner (Vinoy Kumar Singh) and consequently set aside the judgment and order dated 28-8-1988 of the learned Single Judge of the High Court dismissing the writ petition filed by the writ petitioner and came to the conclusion that the authorities of the Commission are not authorized to take any steps after publication of the result of the examination. The Court held that it is not open to the authorities of the Commission to issue a show-cause notice and to take any action after the conclusion of the examination unless there is any specific rule permitting the authorities to do so. The Bench also held that no action can be taken against the candid...
Tag this Judgment!Ram Narayan Shah @ Narayan Shah and anr. Vs. State of Bihar
Court: Patna
Decided on: Aug-01-2003
1. This appeal is directed against the judgment and order passed on 9-4-1999 in Sessions Trial No. 73 of 1989 by the then learned Additional Sessions Judge II Saharsa.2. Both the appellants, Ram Narayan Sah @ Narayan Sah and Ram Chandra San, have been convicted and sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and rigorous imprisonment for two years under Section 498A of the Indian Penal Code. They have further been! convicted under Section 201 of the Indian Penal Code and sentenced to rigorous imprisonment for five years and to pay a fine of Rs. 5000/- to he paid to the informant, Lochan Sah.3. On 19-1-1984 the informant, Lochan Sah, son of Asharfi Sah of village Dabhari Punerbas, P.S. Supaul District Saharsa lodged FIR alleging inter alia that his younger sister Dukhni Devi, aged about 19 years, was married with the accused appellant, Narayan Sah, son of Laxman Sah of village Jolahania, PS Pipra, District Saharsa, two years age and at...
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