Patna Court July 2004 Judgments
Kapil Deo Sah Vs. Tilkamanjhi Bhagalpur University and ors.
Court: Patna
Decided on: Jul-21-2004
R.M. Prasad, J. 1. In this writ petition, petitioner is aggrieved on account of denial of due payment of retrial dues including difference of revised scale, arrears of dearness allowance, deferred DA etc., which, according to him comes to the tune of Rs. 7,00,081.30.2. According to the stand of the respondents in the supplementary counter affidavit filed on behalf of respondent Nos. 1 to 5, petitioner is entitled for a sum of Rs. 68,881/- on account of gratuity, and Rs. 36,891/- on account of leave encashment and Rs. 24,939/- on account of group insurance. Thus, it is stated that on the aforesaid three heads, petitioner is entitled for Rs. 1,30,711/- as per the fresh calculation chart, a copy whereof has been annexed as Annexure-H to the said supplementary counter affidavit. According to the said respondents, the petitioner has received excess amount of Rs. 3,55,427/- on the basis of higher scale, which was not admissible to him, and, as such, after adjusting the said amount from the...
Tag this Judgment!Saraswati Industrial Syndicate Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-20-2004
Nagendra Rai and S.N. Hussain, JJ. 1. The present writ application has been filed by the petitioner for quashing the order dated 10.5.90 passed by the respondent No. 3 under Section 17 (5) of the Bihar Finance Act for the assessment year 1.4.1984 to 30.4.1990 as well as for quashing the notice making demand of Rs. 2,51,084.24 on the basis of the assessment order.2. The factual position is like this. The petitioner has a registered office at -Yamuna Nagar at Ambala (Haryana) and is engaged in carrying on the business of designing engineering and supplying of equipments including boilers for thermal power plant. One of the units of the petitioner has its office at Kolkata. There was an agreement between the petitioner and the Bihar State Electricity Board for supply of design, manufacture, erection and commission of one boiler at its Karbigahiya Thermal Power Station through Purchase Order dated 7.3.84 for Rs. 2,00,28, 75200. The cost was inclusive of erection, commissioning, civil des...
Tag this Judgment!Shailendra Kumar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-20-2004
Narayan Roy, J. 1. Heard counsel for the parties. 2. This writ application is directed against order, as contained in annexure 1, issued vide Memo No. 1783 dated 8.12.2000, whereby and whereunder appointment of the petitioner on the post of Clerk has been cancelled by respondent No. 3, the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 3. According to the case of the petitioner, certain Class III posts had fallen vacant in the offices under the control of the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. The posts as such were advertised and at the same time, names were also called for from the local Employment Exchange and oh the basis of the names forwarded by the Employment Exchange including that of the petitioner and others they were considered for appointment on Class III posts by the Divisional Establishment Committee and by virtue of the order, as contained in annexure 4 dated 12.6.1995, the petitioner was appointed on the post of ...
Tag this Judgment!Daya Shankar Singh and anr. Vs. the State of Bihar
Court: Patna
Decided on: Jul-19-2004
Aftab Alam and B.K. Jha, JJ.1. This appeal and the connected appeal being Criminal Appeal No. 94 of 1998 are filed against the same judgment and order passed by the trial Court and, therefore, these two appeals are to be heard together.2. Appellant No. 2, Maya Shankar Singh in this appeal stands convicted under Section 302 of the Penal Code. The rest of the three appellants, Daya Shankar Singh in this appeal and two other appellants in the connected appeal were convicted under Section 302/34 of the Penal Code. Both Maya Shankar Singh and Daya Shankar Singh were further convicted under Section 27 of the Arms Act. All the appellants are sentenced to rigorous imprisonment for life for committing murder and the two appellants in this appeal are further sentenced to three years' R.I. for the offence under the Arms Act.3. The two appellants in the connected appeal being Cr. Appeal No. 94 of 1998 were granted bail by this court. In this appeal, however, the prayer for bail on behalf of both ...
Tag this Judgment!Dr. A. Razzak and ors. Vs. Bibi Rubi Naz and ors.
Court: Patna
Decided on: Jul-16-2004
S.N. Hussain, J. 1. Heard learned counsel for the petitioners who are defendant Nos. 1 to 3 in title suit No. 282/1995 and also heard learned counsel for OP No. 1 who was plaintiff in the said suit which was filed for declaration of her title as purchaser by registered sale-deed dated 9.8.1994 and alternatively for partition and also for declaration that defendant Nos. 2 and 3 did not acquire title by way of purchases from defendant No. 4 in excess of his share and also for recovery of possession if dis-possessed during the pendency of the suit. 2. The petitioners are aggrieved by order dated 15.9.2003 passed in the aforesaid suit by the learned Sub-Judge VI, Purnea, who allowed misc. case No. 8/2003 and accepted the written statement filed by defendant No. 4 dated 23.6.2003 after rejecting the earlier written statement dated 11.9.2002 said to have been filed on his behalf. 3. Short facts of this case are that the suit was filed in the year 1995 whereafter in 1996 written statement wa...
Tag this Judgment!Ful Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-16-2004
Aftab Alam, J. 1. The petitioner is the wife of one Bhagwan Chandra Mishra who was a police constable and was posted at the material time at Police Headquarters, Hajipur. She filed this writ petition in 2001 stating that her husband was traceless, from January, 1991, for a period of over seven years. She sought a direction from this Court to the concerned authorities, inter alia, to pay her the retiral dues of her husband as well as his arrears of salary from the date of his disappearance.2. It appears that at the time of filing the case the petitioner was not aware that a departmental proceeding was held against her husband for his unauthorized absence from duty. The proceeding was initiated on 21.11.1998, though in the normal course he would have retired from service on 30.4.1998. The proceeding was held ex-parte, at the end of which an order was passed by the Superintendent of Police, Vaishali under his memo No. 1769, dated 23.6.1999. By this order the Superintendent of Police hel...
Tag this Judgment!Father Alex K. Krisummothi Joseph and ors. Vs. the State of Bihar and ...
Court: Patna
Decided on: Jul-16-2004
Ravi S. Dhawan, C.J. and R.N. Prasad, J.1. Today seems to be the right time to take up the cause as the present one. Bihar is already facing a massive onslaught of floods. This is a matter which deals with water logging of large areas between Nepal and Bihar. The areas, which are particularly affected, in the context of this case, are of Bairagania block of Sitamarhi district. On the south of the district is Jamua panchayat, on the north is Bairgania Bazar, on the west is East Champaran, and on the. east is Parsuani panchayat next to the Bagmati river.2. The petition reads as if these areas become a land of sorrow every year. The Court has seen the counter affidavit. It does not refer to any dedicated commission, which may have taken this aspect to interface with Nepal and the State of Bihar, of a continuous problem which happens year by year. The issues of inundation, water logging or flooding whether beyond the Lalbhakhia embankment or the Bagmati embankment, are matters which have ...
Tag this Judgment!Abdul Jalil Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-15-2004
S.K. Katriar, J. 1. Heard Mr. Wasi Akhtar for the petitioner, Mr. Dinu Kumar, learned standing counsel (Ceiling) for respondent Nos. 1 to 4, and Mr. Syed Firoz Raza for respondent Nos. 5 to 7. None appears on behalf of respondent No. 8 inspite of valid service of notice. These two writ petitions arise out of a common order dated 23.3.2000, passed by learned Additional Member, Board of Revenue, Patna, in case No. 61/98/62/98, Md. Jilani v. Abdul Jalil, whereby the revision applications of respondent Nos. 5 to 7 herein under Section 32 of the Bihar [Consolidation of Holdings] Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as 'the Act') has been allowed, and the orders of the learned first authority and the appellate authority have been set aside. It arises out of two applications under Section 16(3) of the Act.2. The petitioner is the pre-emptor, respondent Nos. 5 to 7 are the purchasers, and respondent No. 8 is the vendor. Responden...
Tag this Judgment!Hoshila Tiwary Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-15-2004
Chandramauli Kr. Prasad, J. 1. This application has been filed for quashing the order dated 16.5.2002 passed by the Munsif, Kaimur at Bhabua in Election Petition No. 125 of 2001 whereby he has directed for recounting of the votes.2. Shorn of unnecessary details, facts giving rise to the present application are that the petitioner as also respondents No. 7 besides other persons were candidates in the election to the office of the Mukhiya of Parhi Gram Panchayat. In the said election, petitioner, Hoshila Tiwary, hereinafter referred to as the returned candidate, and respondent No. 7, Munna Singh, hereinafter referred to as the election petitioner secured equal number of votes but the luck favoured the returned candidate in the lot and he has been declared to have been elected to the office of the Mukhiya of the Gram Panchayat. Election petitioner challenged his election, inter alia, contending that in spite of protest made by him, the Deputy Development Commissioner did not recount the ...
Tag this Judgment!Shreedhar Narayan Pandey Vs. L.N. Mithila University and ors.
Court: Patna
Decided on: Jul-15-2004
Radha Mohan Prasad, J.1. In this writ petition, the petitioner has sought for mandamus or any other appropriate writ commanding the respondents L.N. Mithila University and its officials to pay all the retiral benefits including the gratuity, G.P.F. and leave encashment etc. and start paying pension on prorate basis for the period of service rendered by the petitioner as Lecturer and Reader.2. In short the case of the petitioner is that he was appointed as Lecturer (History) in G.D. College, Begusarai by the then governing body on 26th August, 1961 when the said College was an affiliated unit of erstwhile Bhagalpur University and in the year 1972 it became a constituent unit of the said University, Later on creation of L.N. Mithila University the College was brought under the said University. Meanwhile, as claimed by him, he went on one year leave on 1.8.1978 with lien to join Jawaharlal Nehru University (Post Graduate Centre), Imphal, where he was permanently absorbed/confirmed on 31....
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