Patna Court January 2004 Judgments
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United India Insurance Company Ltd. Vs. Dilip Industries
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Jan-22-2004
D.P.S. Choudhary, President: 1. This appeal has been heard ex parte as the respondent did not appear in spite of the notice. O.P. is the appellant-United India Insurance Co. (hereinafter referred to as Insurance Company) which has preferred the appeal against the order dated 26.10.1995 passed by District Forum, Rohtas (Sasaram) in Complaint Case No. 36/92 whereby and whereunder the appellant has been directed to pay Rs. 11,450/- as claim amount with 18% interest from the date of filing of the complaint case (11.11.1992) till the date of payment and in addition Rs. 7,000/- has been allowed as compensation for harassment and Rs. 1,000/- as cost of litigation. 2. The brief fact of the case is that complainant is the proprietor of M/s. Dilip Industries at Sasaram (Rohtas). The said industries was insured with the O.P.-Insurance Company for a sum of Rs. 45,000/- for the period 21.12.1983 to 20.12.1984. The industries were financed by State Bank of India, Sasaram Branch The industries were m...
Bigan Prajapat Vs. State of Bihar
Court: Patna
Decided on: Jan-21-2004
S.N. Jha and B.N.P. Singh, JJ.1. The sole appellant of this appeal has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life for having killed Anchhi Devi, his wife in the night of 22/23.9.1993 at village Maraha within Dumaria Police Station of Gaya district.2. The prosecution was set in motion by the deceased's father, Somar Prajapat. On 13.9.1993 at 12.00 noon he made a fardbeyan to S.I.J.L Das of Dumaria Police Station stating that his daughter Anchhi Devi was married to the appellant about 20 years' ago. Soon after the marriage the appellant started ill-treating her. In fact, after five years of marriage he married again in village Bhagia. After panchayati he agreed to keep Anchhi Devi. Though she started living with the appellant, ill-treating continued. In course of time two daughters and a son were born to her. At the time of occurrence again she was pregnant. At about 7 a.m. he learnt from two persons of village Marha that his daught...
Parmeshwar Paswan Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-21-2004
Narayan Roy, J. 1. Heard counsel for the parties and considered the counter affidavit filed on behalf of the respondents.2. In the writ application, a prayer has been made for issuance of direction upon the respondents to consider the case of the petitioner for promotion to the post of Subedar with effect from 20th February, 1988 and also for payment of the consequential benefits.3. In the counter affidavit filed on behalf of the respondents, it is stated that the petitioner has been promoted to the rank of Subedar by the D.G. Selection Board dated 22.6.1999 and his position in the gradation list of Subedar is at serial No. 14 and consequently, benefits would be paid to them from the date he joins the post of Subedar.4. In view of the statement made in the counter affidavit, learned counsel appearing on behalf of the petitioner submits that one part of his grievance have been redressed, but the consequential benefits pursuant to his promotion to the post of Subedar has not been paid....
In Re: Arun Bhushan Prasad, the Administrator of Patna Municipal Corpo ...
Court: Patna
Decided on: Jan-20-2004
Narayan Roy, J.1. Heard Mr. V.N. Sinha, learned GP-9 for the State and Mr. Chandrashekhar, learned senior counsel for the opposite party Nos. 1 and 2, who are in attendance in the Court.2. This matter has been assigned to me by virtue of the order of the Hon'ble the Chef Justice under the provisions of Sub-section (2) of Section 14 of the Contempt of Courts Act, 1971.3. Opposite party Nos. 1 and 2 have been charged for committing contempt of this Court's order, as they absented themselves for few minutes from the Court-room on 16.4.2002. It appears from the materials on record that while ' hearing CWJC No. 4414 of 2002 of learned Single Judge of this Court vide order dated 12.4.2002 directed the Administrator, Patna Municipal Corporation and the Section Officer to appear n the Court in person on 16.4.2002 with the original records pertaining to the case of the writ petitioner. On 16.4.2002 the contemners did appear in Court and thereafter they also appeared on the subsequent dates fi...
Nagendra Prasad Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-19-2004
Chandramauli Kumar Prasad, J.1. This writ application was initially filed to quash the notice dated 23.9.2003 (Annexure-1) whereby the Executive Officer of the Panchayat Samiti, Gurua had issued notice for convening the meeting of the Panchayat Samiti to consider the no confidence motion against the petitioner. During the pendency of the application, no confidence motion has been carried out against the petitioner. By way of amendment, the prayer is to quash the resolution dated 30.9.2003 of the Panchayat Samiti carried out the motion of no confidence against the petitioner.2. Shorn of unnecessary details facts giving rise to the present application are that the petitioner was elected as Pramukh of Gurua Panchayat Samiti on 12th of June, 2001. The Executive Officer of the said Samiti issued notice dated 23.9.2003 informing the members of the Panchayat Samiti that a meeting shall be held on 30th of September, 2003 to consider the no confidence motion against the petitioner. Petitioner...
Ghanshyam Panjiyar Vs. State of Bihar
Court: Patna
Decided on: Jan-19-2004
S.N. Jha and Rajendra Prasad, JJ.1. The sole appellant in this appeal has been convicted under Sections 363 and 364 off the Indian Penal Code. For the offence under Section 364 of the Penal Code he has been awarded sentence of imprisonment for life. No separate sentence has been awarded under Section 363 of the Penal Code.2. On 31.7.1990 Jugal Kishore Mahtha (hereinafter referred to as 'the informant'), resident of Gandhi Chauk Baluwa Chatti, Madhubani lodged written report at the Madhubani Police Station stating that his daughters, Rekha Kumari, Sulekha Kumari and, Sunaina Kumari were students of Primary School, Gandhi Chauk, Madhubani. A day earlier on 30.7.1990 they went to the school to attend the classes. Rekha did not return from the school. Sulekha and Sunaina informed him that Ghanshyam Panjiar i.e. the appellant herein, had taken Rekha Kumari to Suri School. The informant went to meet the appellant in the lodge where he lived. He did not find him there. He came to know from h...
BipIn Prasad Dubey Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-19-2004
Narayan Roy, J.1. Heard counsel for he parties.2. The petitioner has prayed for issuance of a direction upon the respondents to give him monetary benefits of junior selection grade and senior selection grade after his superannuation, as disclosed in paragraph 1 of the writ application.3. According to the case of the petitioner, he superannuated with effect from 31.1.1997. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner should have been granted senior selection grade scale of Rs. 3700-5000 with effect from 1.4.1994 and thereafter for super time scale of Rs. 4100/5300 with effect form 1.4.1987. It is also stated by learned counsel for the petitioner that the similarly situated persons, namely, Nagendra Nath Sahay and Vidya Bhushan Prasad Singh, were granted the benefits of selection grade scale and super time scale, as claimed by the petitioner, but the same was denied to him.4. A counter affidavit has been filed on behalf of the State, wher...
Mahendra Prasad Shahi Vs. State of Bihar
Court: Patna
Decided on: Jan-19-2004
Chandramauli Kumar Prasad, J.1. This application has been filed for issuance of a writ in the nature of certiorari for quashing the award and order dated August 12, 2000 passed by the Labour Court, Muzaffarpur in Reference Case No. 2 of 1995 and Misc. Case No. 24-A of 1992 whereby the prayer of the petitioner for reinstatement and wages for the work done has been rejected.2. Shorn of unnecessary details, facts giving rise to the present application are that the State Government in exercise of its power conferred under Section 10(l)(c) of the Industrial Disputes Act, made the following reference for adjudication by the Labour Court:1. Whether the termination of service of Mahendra Prasad Shahi is justified and in accordance with law?2. If not, then for what relief he is entitled for?3. Aforesaid reference led to registration of Reference Case No. 2 of 1995 in which petitioner as also his employer i.e., Superintendent of Shri Krishna Medical College and Hospital, Muzaffarpur filed their...
Bharti Bhawan (P and D) Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-19-2004
Chandramauli Kr. Prasad, J.1. This application has been filed for issuance of a writ in the nature of certiorari for quashing the order dated June 18, 2002 passed by the certifying officer appointed under the Industrial Employment (Standing Orders) Act, 1946 whereby the plea of the petitioner that it does not come within the definition of industrial establishment as defined under Section 2(e) of the aforesaid Act, has been rejected. 2. Petitioner is an establishment registered under the Bihar Shops and Establishments Act, 1953 bearing Registration No. PT 11119 (563-5) having its office at Thakurbari Road in the town of Patna. According to the petitioner it is engaged as publisher and distributor of books and for that purpose the manuscript given by the author after editing, filming etc. on computer is, sent to the press where the books are printed and sent to it after binding by independent binders. According to the petitioner, it only deals with the intellectual contents of the book ...
Haribansh Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-16-2004
R.N. Prasad, J. 1. The petitioner was appointed on the post of Constable on 27.11.1968. At the relevant time he had already passed matriculation examination. The certificate, Annexure-2, shows that his date of birth was 9.1.1947. The petitioner was doing his job. In the year 1972 the petitioner was asked to produce matriculation certificate vide Annexure-4. According to the petitioner he produced original matriculation certificate and also filed an application to the aforesaid effect. Subsequently, in the year 1980 again original matriculation certificate was called from the petitioner. According to him he again produced the matriculation certificate. However, the petitioner was served with a notice dated 19.9.2002 intimating that he was to superannuate with effect from 30.11.2003, Annexure 7. The petitioner has challenged Annexure-7 in this writ petition. The contention of learned counsel for the petitioner is that the petitioner has passed matriculation examination before his appoi...
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