Patna Court August 2007 Judgments
National Insurance Company Ltd. Vs. Most. Radheshwari Devi and ors.
Court: Patna
Decided on: Aug-24-2007
S.N. Hussain, J.1. Heard learned Counsel for the appellant and learned Counsel for the respondent-claimants.2. This Misc. Appeal is directed against the judgment and award dated 08.05.2004 passed by the Deputy Labour Commissioner-cum-Commissioner for Workmen's Compensation, Gaya in C.W.C. Case No. 15 of 1999, by which the appellant (Opposite Party) was directed to pay Rs. 2,03,850.00 as compensation to the claimant-respondents under the provision of Section 4 of the Workmen's Compensation Act, 1923.3. After hearing the learned Counsel for the appellant and considering the materials on record including the impugned order, it is quite apparent that the matter was a contested one and the, impugned order was passed after hearing both the sides. It is also not in dispute that the impugned order was passed by Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation, Gaya.4. A decision of this Court in case of Most. Parmada Devi v. Sri Bishwankth Singh and Ors. reported in 2003 ...
Tag this Judgment!Dr. (Capt.) Akhouri Ramesh Chandra Sinha Vs. the State of Bihar and or ...
Court: Patna
Decided on: Aug-24-2007
S.K. Katriar, J.1. This writ petition is directed against notification No. 237(9), dated 20.2.2004 (Annexure 7), whereby the punishment of deprivation of pension to the extent of 100% in terms of Rule-43(b) of the Bihar Pension Rules (hereinafter referred to as 'the Rules') has been imposed on the petitioner, and to set aside the entire departmental proceeding with consequential benefits. The respondents have placed on record their counter affidavit and have opposed the writ petition.2. According to the writ petition, the petitioner was, during the period 1996 to June 2001, posted in the Directorate of Health Services, Government of Bihar, and superannuated with effect from 30.6.2001 while he was functioning as Director of Health Service. He was served with charge-sheet No. 11.62 (B), dated 31.12.2001 (Annexure 1), whereby five charges were levelled against him. The State Government had issued a modified resolution No. 37(3), dated 16.1.2002 (Annexure 1/A), whereby the Enquiry Office...
Tag this Judgment!Md. Noor Alam Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-24-2007
V.N. Sinha, J.1. Petitioners are sons/wife of Md. Hasibul Hussain/ Arjun Prasad Pandey/ Ram Prit Singh/ Sarbjeet Singh @ Sarbjeet Singh yadav/ Shibu Rai Chandradeep Paswan who while serving as Pump Operator/Forest, Guard/Under Secretary/Peon in the Minor Irrigation Division, Samastipur/ Sanjay Gandhi Zoological Park at Patna/ Bihar State Electricity Board, Patna/Office of Incharge Magistrate, District Control Room, Patna/Forest Department under Van Karya Niyojana Pramandal, Magadh Anchal, Patna/ Public Heal Engineering Department, Patna West Division, Patna became traceless and continues to be so even till today. Invoking the presumption under Section 108 of the Indian Evidence Act, 1872 petitioners served a legal notice dated 6.10.2004/ representations dated 14.7.2005 and 2.8.2005 stating, inter alia, that as their father has not been heard for more than seven years they be presumed to be dead and they (petitioners) be considered for compassionate appointment in the light of the inst...
Tag this Judgment!Abdul Quadir and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-22-2007
Sudhir Kumar Katriar, J.1. This writ petition is directed against the order dated 2.2.2007 (Annexure 5), passed by this learned Collector of the district of East Champaran, Motihari, in Misc. Case No. 10 of 2006 (Arvind Mishra v. State of Bihar and Ors.), whereby he has set aside the selection process for appointment of Shiksha Mitra in the East Saraiya Panchayat, Paharpur Block, under a scheme of the department of Human Resources, known as 'Sarva Shiksha Abhiyan'. Elaborate submissions have been advanced by learned Counsel for the parties in support of their respective stand.2. According to the writ petition, the Gram Panchayat Purvi Saraiya had issued an advertisement inviting applications from eligible candidates for selection of Shiksha Mitra in the various centres of the Panchayat. The seven petitioners of this writ petition were also applicants. After completion of the selection process, the merit list was prepared. Aggrieved by the same, a few unsuccessful candidates moved this...
Tag this Judgment!Hira Lal Choudhary Vs. the State of Bihar and anr.
Court: Patna
Decided on: Aug-21-2007
Navaniti Prasad Singh, J.1. The present writ application seeks to quash the order passed by the Disciplinary Authority inflicting major punishment on the petitioner by order dated 27.05.1996. The punishment, which survives, is reduction in the pay scale to the basic initial pay of the post of Junior Engineer, thus, depriving him of twenty two years of increment and for the period during which he remained under suspension, about five years, apart from subsistence allowance, no other payment to be made.2. The ground for seeking judicial review to challenge the said punishment order are basically two folds. Firstly, it is urged that when the Enquiry Officer submitted a report favourable to the petitioner to the Disciplinary Authority who chose not to disagree with the report but found a new charge from the proceedings and without any further show cause in this regard held the petitioner guilty and asked the petitioner to show cause against penalties indicated therein. Such procedure was ...
Tag this Judgment!Samar Singh Vs. State of Bihar,
Court: Patna
Decided on: Aug-21-2007
Chandra Mohan Prasad, J.1. The petitioner was the informant in this case and he has filed this revision against the judgment dated 25th September 2001 of the 7th Additional Sessions Judge, Bhagalpur under Sessions Trial No. 448 of 1999 whereby the Opp. Party No. 2 Chunchun Yadav and Opp. Party No. 3 Subodh Kumar who were tried under Section 302/34 I.P.C. and 27 of the Arms Act and were acquitted of the charge.2. Briefly stating. the case of the informant in his fard-beyan (Ext-1) was that on 23rd September 1998 at about 1:00 P.M. a procession of RJD people being armed with Lathi, Bhala etc. had come to Variety Chowk, Sujaganj and the people in the procession had destroyed the bulbs and Jhalar in the Durga Pooja decoration by breaking the same by means of Lathi. The further allegation is that the deceased Amar Singh who was the member of Durga Pooja Samiti and was discussing some matters with the members of the Samiti requested on loudspeaker the Opp. Party No. 2 Chuchun Yadav who was ...
Tag this Judgment!Bibi Rahmat Khatoon @ Bibi Rahmat Begam @ Rahmati Khatoon Vs. the Stat ...
Court: Patna
Decided on: Aug-21-2007
Ghanshyam Prasad, J. 1. Heard learned Counsel for the petitioner. Perused the impugned order dated 22.1.2007 passed by the Principal Judge, Family Court, Madhubani in M.R. No. 30 of 2005 thereby the learned Family Court has granted maintenance of Rs. 1000/- per month to the petitioner under Section 125 of the Code of Criminal Procedure only from 12.7.2005 to 25.5.2006 i.e. from the date of filing of the case till the show cause was filed.2. It is submitted on behalf of the petitioner that the court below has erred to place reliance upon a decision reported in 2000(2) P.L.J.R Page 320 (Abdul Mannan v. Shaira Khatoon and Ors.). The fact is that the said ruling has impliedly been over-ruled in view of the decision reported in AIR 2002 Supreme Court 3551 (Shamim Ara v. State of U.P. and Anr.). It is further submitted that the learned court below has not specifically dealt with the fact that the alleged divorce taken by the petitioner is valid and legal and has passed the impugned order wi...
Tag this Judgment!Ashok Kumar Jhunjhunwala Vs. State of Bihar
Court: Patna
Decided on: Aug-20-2007
J.N. Singh, J.1. Heard Mr. N.K. Agrawal, learned senior counsel for the petitioner and Mr. S.K. Sharan, learned Counsel for the Income-tax Department.2. It appears that search and seizure was made on the premises of the petitioner where a diary was recovered in which it was found that there was some additional income of the petitioner, which was not explained in the income-tax return. For this concealment of income a prosecution was launched against the petitioner under Sections 276C and 277 of the Income-tax Act, 1961, bearing Complaint Case No. 49 of 1992. Simultaneously the assessee had filed an appeal against the assessment order. While the criminal case was pending the petitioner moved this Court through Cr. Misc. No. 10552 of 1992 which was disposed of by order dated August 20, 1992 (annexure 3). By the said order criminal prosecution was stayed during the pendency of the appeal pending before the authorities of the Income-tax Department. By order dated March 8, 2002, the appeal...
Tag this Judgment!Excel Corp. Care Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-20-2007
Mridula Mishra, J.1. In all these five writ applications the petitioners have challenged the order dated 20.6.07 issued under the signature of Director Agriculture, Bihar, Patna whereby licences granted to the petitioners in Form No. VIII under Section 13 of the Insecticides Act bearing different licence numbers have been cancelled. All these writ applications were heard together and are being disposed of by a common order.2. Petitioners are manufacturers of insecticides. All these petitioners have their manufacturing Units outside the territorial jurisdiction of the States of Bihar but their products are supplied and sold through dealers in the State of Bihar. The impuned order has been passed as one of the manufactured item of the petitioners were seized from the shop of one of the authorised dealer of the petitioners at one place, put petitioners' licences for sale, supply and exhibition for all products throughout the State of Bihar have been cancelled. The common grounds have bee...
Tag this Judgment!Annu Verma and ors. Vs. Maheshwar Prasad Verma,
Court: Patna
Decided on: Aug-18-2007
V.N. Sinha, J. 1. Petitioner-plaintiff initially filed Testamentary Case No. 01 of 1993 praying inter alia to grant probate of the last Will and testament of late Tetar Devi, which is dated 15.7.1990 who left for her heavenly abode on 25.5.1992. Perusal of the Will dated 15.7.1990 indicates that four sons of late Jagannath Prasad including the three petitioners-plaintiffs and opposite party-defendant-1st set were the beneficiaries and executors appointed under the Will dated 15.7.1990 and the subject-matter of the Will is a house situate in Boring Road, Patna and five Bighas and odd land and 1/3rd share in the residential house at village Sundari, P.S. Barhariya, District Siwan. The 4th son of late Jagannath Prasad, Maheshwar Prasad Verma did not join the Probate Petition, accordingly, he was impleaded as Opposite Party-defendant-1st set and the surviving uncle of the petitioners-plaintiffs Sri Ram Bilas Prasad Verma was impleaded as Opposite Party-defendant-2nd set. Perusal of the p...
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