Patna Court December 2006 Judgments
Sharda Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-22-2006
Barin Ghosh, J.1. Rule 38 of the Bihar Service Code defines 'Permanent post' as a post carrying a definite rate of pay and sanctioned without time limit; whereas Rule 48 of the said Code defines 'Temporary post' as a post carrying a definite rate of pay and sanctioned for a limited time. That is the only difference in between a permanent post and a temporary post. As a holder of a permanent post is entitled to protection of Article 311 of the Constitution of India so is a holder of temporary post. In this connection, reference may be had to the judgments of the Hon'ble Supreme Court rendered in R.S.S. Sial v. State of Uttar Pradesh : (1974)ILLJ513SC and Ras Bihari v. Haryana Agricultural University : AIR1987SC1833 .2. Whether the post is a temporary post or a permanent post, the same may carry either a fixed pay or pay at time scale. If the post carries fixed pay, the incumbent is entitled to fixed pay only and nothing more. If the post carries pay at a time scale, the holder thereof ...
Tag this Judgment!Bijoy Pratap Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-22-2006
Barin Ghosh, J.1. By a notification dated 14th February, 1996, the Government revised the pay scale of Jt. Directors in Statistical Department from Rs. 3700-5000/- to Rs. 4100-5300/-.When the next revision was effected, the Fitment Committee submitted a report. In Part-I of the report, the Fitment Committee pointed out that the scale of Rs. 4100-5300 was an existing central scale and that was revised by the Central Government to Rs. 14,300-18,300/-. There is no dispute that while effecting such revision, the scale as was revised by the Central Government was adopted by the state Government. The Fitment Committee found that while the scale of Rs. 4000-5300/- was revised by the Central Government to Rs. 14,300-16,300/-, the Central Government also revised the scale of Rs. 4500-5700/- to Rs. 14,300-18,300/-. The Fitment Committee also found that in the State there is a scale of Rs. 4300-5500/- but there is no such corresponding scale in the Central Government. The Fitment Committee, ther...
Tag this Judgment!Raj Mohammad Ansari Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-22-2006
S.N. Hussain, J.1. I.A. No. 5753 of 2006 has been filed by Mr. Zahoor Ahmad claiming to be the Secretary of the newly constituted Mahaging Committee of the Madarsa in question. In the said circumstances, this interlocutory application is allowed. Let Mr. Zahoor Ahmed, the alleged Secretary of the newly constituted Managing Committee of Madarsa Darus Salam, Sikta, West Champaran be added as respondent No. 6 in this writ petition.2. At the insistence of all the parties this writ petition is finally heard and decided at this stage itself. Heard learned Counsel for the petitioner, learned Counsel for the State of Bihar (appearing for respondents No. 1 and 2), learned Counsel for the Bihar State Madarsa Education Board, Patna (appearing for respondents No. 3 and 4), Learned Counsel for respondent No. 5, namely Mr. Nisar Ahmad, and learned Counsel for the newly added intervenor respondent.3. This writ petition has been filed challenging the order dated 29.04.2006 (Annexure-5) by which the a...
Tag this Judgment!Mosomat Rabiya Khatoon Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-21-2006
Barin Ghosh, J.1. The husband of the petitioner retired from the services of the Government on 30th April. 1991. He filed a writ petition, which was registered as CWJC No. 2218 of 2001, seeking a mandamus of this Court directing the respondents in the said writ petition to release an pay to him his lawful retiral dues and claims. At that stage it was abated by the respondents in the writ petition that the Service Book of the husband of the petitioner is not available and that his Last Pay Certificate is also not traceable. The Court directed reconstruction of the Service Book and at the same time directed payment of all retiral dues due and payable to the husband of the petitioner. After the said order was passed but before any step was taken to implement the directions contained in the said order, the husband of the petitioner died. The husband of the petitioner was a Junior Engineer in the Minor Irrigation Department of the Government of Bihar. Even thereafter the retiral dues payab...
Tag this Judgment!Safique and ors. Vs. Manas Kumar Mukherjee and ors.
Court: Patna
Decided on: Dec-21-2006
Syed Md. Mahfooz Alam, J.1. This Miscellaneous Appeal has been preferred by the appellants against the judgment dated 4.5.1999 passed in M.V. Claim Case No. 20 of 1997 by the District Judge - cum - Motor Vehicle Accident Claims Tribunal, Katihar whereby he has been pleased to dismiss the claim application of the appellants filed under Section 166 of the Motor Vehicles Act on the ground that the deceased was an unauthorised passenger and was trying to take lift in the offending tractor when the tractor met accident.2. The brief facts of the case which gave rise to this M.V. Claim case are as follows:On 3.5.1997 a tractor bearing registration No. BR39 - 1533 belonging to Manas Kumar Mukherjee and Dulal Mukherjee, met with accident as a result of which deceased Sk. Manjar and A.W. 1 Md. Zafir fell down from the tractor and both the persons sustained injuries and after 4-5 hours of the incident deceased Sk. Manjar succumbed to his injuries. The tractor was being driven by Shambhu Sah (OP....
Tag this Judgment!Reserve Bank of India Vs. Helios Finance and Investment Ltd.
Court: Patna
Decided on: Dec-21-2006
V.N. Sinha, J.1. Heard learned Counsel for the parties.2. Reserve Bank of India (hereinafter referred to as 'the RBI') as constituted under the Reserve Bank of India Act, 1934 (hereinafter referred to as 'the Act'), has filed this petition praying, inter alia, to wind up M/s. Helios Finance and Investment Ltd. (hereinafter referred to as 'the company'), which was incorporated as a public limited loan company on 8-5-1990, with an authorised share capital of Rs. 3 crores divided into equity shares of Rs. 100 each.The capital clause of the memorandum of association of the company provides that it shall be a non-banking financial loan company conducting higher purchase business subject to the directions issued by the RBI but shall not carry on any banking business as defined in the Banking Regulation Act, 1949.3. A team of RBI officers inspected the books of account of the company in July, 1996, with reference to its financial position as on 31-3-1995 and noticed that the company had acce...
Tag this Judgment!Anita Kumari Vs. the State of Bihar
Court: Patna
Decided on: Dec-20-2006
Abhijit Sinha, J.1. Anita Kumari, the petitioner herein, is the proprietors of a Firm running in the name and design of 'M/s Rajdhani Enterprises,' which carries on business of distributorship of liquefied petroleum Gas bottled in iron cylinders (hereinafter to be referred to as 'the L.P.G.') marketed by Indian Oil Corporation. She is aggrieved by order dated 29.11.2005 passed by the learned sub-Divisional Judicial Magistrate, Patna, in special case No. 1/98 (arising out of Sri S.K. Puri P.S. Case No. 180/97) whereby he has taken cognizance of the offence under Section 7 of the Essential Commodities Act, 1955 (hereinafter to be referred to as 'the E.C. Act') against five persons including the petitioner and a prayer has been made for quashing of the entire criminal proceeding including the order dated 29.11.05.2. It appears that the business premises of the Firm at Sri Krishna Puri and its Godown premises at Sheopuri was inspected at around 4 P.M. on 15.12.1997 by the Officers of the ...
Tag this Judgment!J.K. Datta Vs. the State of Bihar and anr.
Court: Patna
Decided on: Dec-20-2006
Abhijit Sinha, J.1. The Union of India through the Registrar of the Companies Bihar and Jharkhand filed three complaint cases bearing complaint Case No. 51(C)/03, Complaint Case No. 52(C)/03 and Complaint Case No. 53(C)/03 impleading Bihar State Food & civil Supplies Corporation Ltd. Its Managing Director Jagjit Kumar Datta alias J.K. Datta and the company Secretary Rameshwar Prasad Das for Commission of offences under Section 220(3) of the Companies Act, 1956. The Managing Director, J.K. Datta has preferred these three criminal Misc. petitions for quashing of the entire proceedings and with the parties being the same in all three cases they have been taken up together and are being disposed of by this common order.2. Through Cr. Misc. No. 87/05 the petitioner has sought for quashing of the entire proceeding of complaint Case No. 51(C)/03 pending before the Special Judge, Economic offences, Patna including the order dated 30.6.2003 whereby cognizance has been taken. Through Cr. Misc. ...
Tag this Judgment!Gauri Shankar Prasad Singh and ors. Vs. Baid Nath Prasad Singh
Court: Patna
Decided on: Dec-19-2006
Syed Md. Mahfooz Alam, J.1. This Second Appeal has been preferred against the judgment and decree dated 3rd January, 1989, passed by Sri Basudeo Sahay, 3rd Additional District & Sessions Judge, Saharsa, in Title Appeal No. 20 of 1981 whereby he has been pleased to reverse the judgment and decree dated 14-9-1981 passed by Sri Chakrdhar Rai. Subordinate Judge, Saharsa, to Title Suit No. 31 of 1975 and after allowing the appeal dismissed the suit of the plaintiffs.2. The brief facts of the case is that appellant Gauri Shanker Pd. Singh and Pachkhori Singh, who were plaintiffs in Title Suit No. 31 of 1975 filed suit for partition of the properties described in Schedule of the plaint claiming 1/3rd share and for declaration that the original defendant Most Bindabati was entitled for maintenance only. During the pendency of the suit, original defendant Most. Bindabati died and thereafter one Baid Nath Pd. Singh filed petition for impleading him as intervenor defendant. The said petition wa...
Tag this Judgment!Chandra Shekhar Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-19-2006
Abhijit Sinha, J.1. Through the instant application the petitioner, a dealer of Opposite party No. 2 Company, M/S Associated Cement Co. Ltd. (hereinafter to be referred to as 'the Cement Company') seeks quashing of the order dated 29.07.2004 passed by the learned Chief Chief Judicial Magistrate, Patna in Complaint Case No. 1007(C) of 2003 whereby cognizance has been taken for the offences under Sections 406 and 420 of the Indian Penal Code on the ground that the same was an abuse of the process of the court.2. The Cement Company brought the aforesaid complaint, inter alia, stating that the petitioner herein, the Proprietor of M/S Chanda Traders, Madhubani was a dealer of the Cement Company to sell cement manufactured by the Company in the local markets and as such they were agent of the cement Company and in that capacity they used to obtain cement from the Company and after selling it in the markets they remitted the price money to the Company, it is said that in the month of Septem...
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