Patna Court March 2008 Judgments
Lala Rajak Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-18-2008
Navin Sinha, J.1. Heard the learned Counsel for the petitioner and the learned Counsel for the State.2. The petitioner who is employed as Director in the Ground Water Directorate, Minor Irrigation Department of the State Government is before this Court seeking reimbursement of the medical expenses incurred by him in treatment of his heart ailment for which he was operated at the Escort Heart Institute and Research Centre, New Delhi after diagnosis of his ailment was confirmed by the Director, Indira Gandhi Institute of Cardiology, Patna where he was admitted on 19.8.2005.3. The petitioner made a claim for re-imbursement of medical expenses to the extent of Rs. 1,81,875.55 paisa. The respondents sanctioned a sum of Rs. 41,036.00 out of the same. The rest of the matter still remains pending consideration compelling him to approach this Court. In the order of release as aforesaid no explanation has been given for withholding rest of the claim for re-imbursement.4. A counter affidavit ha...
Tag this Judgment!Mrs. Bibha Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-18-2008
Sudhir Kumar Katriar and Kishore K. Mandal, JJ.1. The petitioner of CWJC No. 7500 of 1999 has preferred this appeal in terms of Clause 10 of the Letters Patent of the High Court of Judicature at Patna, and is aggrieved by the order dated 14.9.99, whereby the petitioner's claim for reimbursement for his liver transplantation abroad has been rejected. We shall go by the description of the parties occurring in the writ petition. The same was filed by Dinesh Kumar Singh (hereinafter referred to as 'the original petitioner') who died during the pendency of the present appeal, on 26.1.2005, and has been substituted by his widow, who is the present appellant.2. A brief statement of facts essential for the disposal of the appeal may be indicated. The original petitioner was a member of the Bihar Legislative Council from 1962 to 1980. He was thereafter a member of the Bihar Legislative Assembly from 1982 to 1990, and was Minister of State and Cabinet Minister during this period. While still in...
Tag this Judgment!Goodly Sinha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-17-2008
Navin Sinha, J.1. Heard learned Counsel for the petitioner, learned Counsel for the State and learned Counsel for the Commission.The prayer in this application is to quash the result of the Child Development Project Officer (main) competitive examination on the plea that large number of candidates in the subjects of Psychology, Home Science and Sociology have been declared successful while, the petitioner who had opted for Child Development has not been declared successful.2. It is urged that since the marks allotted in Child Development did not go as high as in other subjects, a system of scaling of marks between the subjects of Psychology, Home Science and Sociology and Child Development was required to be adopted to ensure a platform of uniformity in awarding of marks. Stress has been laid to the chart mentioned in the writ petition of the high marks and poor marks secured by the candidates.3. Paragraph 17 of the application states that it is the established practice that in order...
Tag this Judgment!State of Bihar and ors. Vs. Laxuman Prasad
Court: Patna
Decided on: Mar-14-2008
1. After grant of a contract in favour of the writ petitioner, the same was cancelled by an order, which was annexed as Annexure-3 to the writ petition, on the ground that the writ petitioner has been blacklisted for having committed acts in relation to a past transaction inter se the parties. In the writ petition it was stated that the petitioner is not aware of his blacklisting.2. On the basis of the counter affidavit, as was originally filed, the learned Judge proceeded on the basis that the petitioner had no knowledge of blacklisting. Having regard to the contentions raised in the counter affidavit, the learned Judge also found that the allegations on the basis whereof the petitioner was blacklisted were not against the petitioner. The learned Judge also felt on the basis of the pleadings in the original counter affidavit that in relation to an incident of 2000-2001, blacklisting proceeding could not be initiated in 2006.3. Subsequent to the judgment being rendered, which has been...
Tag this Judgment!Sri Indrajit Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-13-2008
Navin Sinha, J.1. Heard learned Counsel for the petitioner and the Respondents.2. The petitioner was suspended. Six charges were framed against him. He filed his reply. The enquiry report was submitted.A second show cause notice was issued to him with regard to charges 1, 2 & 3. He filed his reply when final orders have been passed for 5% deduction of his pension consequent to his retirement on 31.12.1997 and that nothing beyond subsistence allowance was payable for the period of suspension.3. In context of charge No. 1 the submission is that the Inquiry Officer has himself noted that as an auditor the petitioner had raised objections with regard to certain financial matters in his audit report. However, the Inquiry Officer has observed that the petitioner as the auditor should have been more vociferous and dogged in pursuing his audit objections. In absence of having done so he had indirectly aided in the commission of the irregularities. This was not a finding of guilt but a findin...
Tag this Judgment!Narayan Yadav Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-12-2008
Sudhir Kumar Katriar and Kishore K. Mandal, JJ.1. The auction-purchaser has preferred this appeal in terms of Clause 10 of the Letters Patent of the High Court of Judicature at Patna, and is aggrieved by the judgment dated 3.5.1994, passed by a learned single Judge in CWJC No. 3295 of 1987 (Murlidhar Shah and Ors. v. State of Bihar and Ors.), whereby the writ petition at the instance of the previous transferees has been allowed, their application under Section 28 of the Bihar & Orissa Public Demands Recovery Act 1914 (hereinafter referred to as 'the Act'), has been allowed, and the order dated 17.11.83, passed by the learned Certificate Officer, has been restored. We shall go by the description of the parties occurring in the writ proceeding.2. A brief statement of facts essential for the disposal of the appeal may be indicated. Respondent No. 12 (Sadhusharan Yadav, respondent No. 13 herein) had obtained agricultural loan from the respondent Bank (Land Development Bank, Madhepura). He...
Tag this Judgment!Ram Dayal Yadav and ors. Vs. the State of Bihar and anr.
Court: Patna
Decided on: Mar-12-2008
Abhijit Sinha, J.1. The petitioners who have been made to figure as accused in Complaint Case No. 561(C) of 2006 have prayed for the quashing of the entire criminal proceeding arising therefrom including the order dated 22.8.2006 passed therein by the learned Chief Judicial Magistrate, Supaul, whereby he, on perusal of the complaint, the statement on S.A. of the complainant, medical report and evidence of witness No. 1, forwarded the complaint to the Chhatarpur P.S. for investigation on the ground that prima facie the case was of serious nature.2. The complainant, one Sumitra Devi, aged about 32 years, impleaded herein as O.P. No. 2, filed the aforesaid complaint on22.8.2006 inter alia alleging the commission of offences under Sections 323, 379, 427, 376, 120B I.P.C. at the hands of the accused persons at about 6.30 P.M. on 20.8.2006. It is said that on receiving information from one Bindu Sharma that the accused were grazing their cattle upon her lands she hastened to the fields in q...
Tag this Judgment!Punjab National Bank Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-12-2008
Navaniti Prasad Singh, J.1. Punjab National Bank, a Scheduled Bank is the writ petitioner. The writ petition has been filed for a direction to be issued by this Court to the State to maintain law and order and to assist the Management of the Bank in rendering due services to its customers uninterrupted by the members of the Punjab National Bank Employees Federation and the Punjab National Bank Officers Association who have called for a strike tomorrow in the shape of 'Dharna and Pardarshan.' The Federation and the Association abovementioned have appeared through Shri Shivajee Pandey, learned senior advocate and the State is represented by Shri Manu Shanker Mishra, GP-X. Learned Counsel for the Federation and the Association submits that his members are not to obstruct the normal working of Bank but they are certainly entitled in law to exercise their right as a Trade Union. Curtailing their rights in any manner would mean taking away their statutory right as also their fundamental ri...
Tag this Judgment!National Insurance Comp. Ltd. Vs. Ram Prasad Kushwaha and ors.
Court: Patna
Decided on: Mar-10-2008
1. The insurer has preferred this appeal in terms of CI. 10 of the Letters Patent of the High Court of Judicature at Patna, and is aggrieved by the order dated 10-9-1999, passed in Misc. Appeal No. 517 of 1998 Ram Prasad Kushwaha v. Manoj Mandal and Ors., whereby the appeal at the instance of the owner of the vehicle (respondent Nos. 1 and 3 herein) has been allowed, and the insurer has been directed to pay the amount, of compensation to the claimants (respondent Nos. 5 and 6 herein) as per the direction In the judgment of the learned trial Court.2. Respondent NO. 2 herein (Manoj Mandal) was driving tractor No. BHJ 5889 (owned by respondent Nos. 1 and 3), and, on account of his rash and negligent driving dashed against lector No. BHJ 6036 driven by Nakul Yadav, aged about 21, years, who fell down in the adjoining ditch covered with water and died on the spot. Respondent No. 5 (Anil Kumar Yadav), and respondent No. 6 (Mosmat Sanju Devi), filed the application under Section 110 of the M...
Tag this Judgment!Arvind Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-05-2008
Abhijit Sinha, J.1. The petitioners herein who happens to be the complainant of Complaint Case No. 250 of 2003 prays for the quashing of the order dated 6.5.2003 passed by the learned Chief Judicial Magistrate, Kaimur at Bhabhua whereby he has dismissed the said complaint under Section 203 Cr.P.C. on the ground that the earlier complaint case preferred by the self same complainant had been dismissed for non prosecution and the instant complaint case, filed after a delay of over one year for which there was no satisfactory explanation, was in an effort to revive the case in connection with Ramgarh P.S. Case No. 112 of 2000. A further prayer has been made for quashing order dated 23.9.2006 passed by the learned Presiding Judge, Fast Track Court No. V, Kaimur at Bhabhua whereby Criminal Revision No. 108 of 2003 preferred against order dated 6.5.2003 has also been dismissed.2. It appears that on the basis of a written information submitted by the petitioner herein inter alia alleging that...
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