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Patna Court September 2004 Judgments

Sep 03 2004

Radhe Shyam Singh Vs. State of Bihar and ors.

Court: Patna

Decided on: Sep-03-2004

Narayan Roy, J. 1. Heard counsel for the parties.2. The sole contention of learned counsel for the petitioner is that the objection filed by the petitioner before publication of the gradation list has not been considered.3. It appears from the materials on record that the Petitioner earlier had moved this Court along with Shiv Nandan Prasad and others for the same self grievance in CWJC No. 9322 of 1994. However, the writ application was permitted to be withdrawn vide order dated 2.5.1999 on the ground that the grievance of the petitioners was pre-mature.4. In the meantime, a gradation list was published, so far the petitioner and some other persons are concerned vide Annexure-F to the counter affidavit dated 9.4.1999, where name of the petitioner has been shown at serial No. 4. The petitioner in this writ application is not making any grievance against Annexure F to the counter affidavit and has tried to persuade the Court to consider his came according to his past records, where he ...

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Sep 03 2004

Dr. Vijayee Singh Vs. State of Bihar and ors.

Court: Patna

Decided on: Sep-03-2004

Narayan Roy, J.1. Heard counsel for the parties upon I.A. No. 4330 of 2004 filed by the petitioner as well as upon the main writ application.2. By the interlocutory application aforesaid, prayer has been made for substitution of the heirs and legal representatives of the sole petitioner, who died during the pendency of this application.3. Considering the facts and circumstances of the case, let the heirs and legal representatives of the deceased petitioner, as mentioned in paragraph 2 of the substitution application be substituted in place of the petitioner and the name of the deceased petitioner be deleted from the array of the petitioner of this writ application.4. Grievance of the writ petitioner is that he is entitled for the pay scale of Rs. 4100-5300, as granted by the State Government to the members of the Bihar Health Services.5. It appears that the deceased petitioner retired from the post of Chief Medical Officer, Patna University, and he was given the scale of the Universit...

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Sep 03 2004

Electrical Executive Engineer and Another Vs. Ashwani Kumar Sah

Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna

Decided on: Sep-03-2004

D.P.S. Choudhary, President: 1. Appellant (Electrical Executive Engineer, Muzaffarpur) is the O.P. who has preferred the appeal against the order dated 3.2.1995 passed in Complaint Case No. 539/1993 by District Forum, Muzaffarpur through which the appellant have been directed to adjust the electric consumption charges realized by the appellant on the basis of average calculation beyond six months in the arrear bills of the respondent and the same should be mentioned in the bill and the same should be served in the future bill. The appellant has been further directed not to charge meter rent and D.P.S. The consumption bill for the month of January and February has also been quashed by the District Forum and a compensation of Rs. 7,000/- has been allowed against the appellant. 2. This appeal has been heard ex parte, as the respondent did not appear in spite of the registered notice. 3. The brief fact of the case is that complainants electric meter had burnt on 23.6.1990 of which he sent ...

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Sep 02 2004

Nasco Steel Pvt. Ltd. Vs. State of Bihar and ors.

Court: Patna

Decided on: Sep-02-2004

R.S. Garg, J.1. Heard learned counsel for the parties.2. The petitioner being aggrieved by the order dated 2-3-2000, contained in Annexure 4 and notice dated 16-3-2000, is before this Court.3. Short facts leading to this application are that the petitioner M/s. Nasco Steel Pvt. Ltd., a private limited company, purchased certain properties from M/s. Bihar State Financial Corporation (BSFC). The properties originally belonged to M/s. National Aluminium & Steel Corporation Pvt. Ltd., who after taking substantial loan from the BSFC could not re-pay the same in time. It appears, probably an action under Section 29 of the State Financial Corporation Act was taken and the partners of M/s. National Aluminium & Steel Corporation Pvt. Ltd. agreed to sell the property whose consideration was shown at Rs. 4.33 lacs being cost of land and building. Description of the property was mentioned giving fullest detail in Schedules A, B, and C. Schedules A and B related to land and building while schedule...

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Sep 02 2004

Prof. Ramesh Kumar Vs. Smt. Babita Kumari

Court: Patna

Decided on: Sep-02-2004

S.N. Hussain, J.1. Heard learned counsel for the parties,2. This is a very unfortunate case in which the husband and wife, both having good backgrounds and three lovely children, are fighting only to satisfy their whims and for no obvious valid reasons and in the process doing their level best to destroy the career and future of their next generation.3. This matter arises out of Matrimonial Suit No. 41/1998 which was filed by the petitioner (husband) against the opposite party(wife) for dissolution of their marriage under the Provisions of Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for the sake of brevity).4. At present, the petitioner is aggrieved by order dated 8.1.2004 passed in the aforesaid suit by which the learned Principal Judge, Family Court, Patna, allowed the petition of the opposite party under the provisions of the Act directing the petitioner to pay the arrears of maintenance amounting to Rs. 72,000/-(Seventy two thousand) which he h...

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Sep 01 2004

Smt. Phoolmanti Devi and ors. Vs. State of Bihar and ors.

Court: Patna

Decided on: Sep-01-2004

R.S. Garg, J.1. Heard learned counsel for the parties.2. Petitioner Smt. Phoolmanti Devi was elected as Pramukh of Noorsarai Panchayat Samiti. It appears that certain members of the Panchayat Samiti were aggrieved by her conduct, therefore, they submitted a letter to convene a meeting on 5.6.2003 making certain allegations against the present petitioner and expressing their no confidence. The meeting was requisitioned but unfortunately was adjourned. Thereafter, on 18.7.2003 some of the members of the Panchayat Samiti again submitted a no confidence requisition and required the Pramukh/ authority to requisition the meeting. The meeting was directed to be held on 26.7.2003. A notice was issued on 19.7.2003. From Annexure 1 it appears that the meeting was convened on 26.7.2003. The present petitioner and the UP Pramukh Smt. Renu Kumari (petitioner in CWJC No. 10636 of 2003) came to take part in the meeting but after some time, they left the meeting. With the consent of the majority, one...

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