Patna Court January 2009 Judgments
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National Highway Authority of India, Project Implementation Unit Vs. t ...
Court: Patna
Decided on: Jan-16-2009
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner, National Highway Authority of India, learned Counsel for the Union of India and for the State of Bihar. No one appears for respondent No. 3 despite service of notice upon him.2. The petitioner is aggrieved by the order dated 5.6.2008 passed by the District Judge, Rohtas at Sasaram in Civil Misc. (Arbitration) Case No. 27 of 2008, by which the application filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 has been dismissed holding that in view of the provisions of the Control of National Highways (Land and Traffic) Act, 2002 the court has no jurisdiction to hear the objections against the award of Arbitrator/Authority.3. The facts involved in the present case fall within a narrow compass. The petitioner National Highway Authority of India (in short, NHAI) had acquired certain lands for the construction of Sasaram Bypass on the National Highway No. 2 in village kota, Anchal Sasaram, D...
Umesh Prasad Singh Son of Shri Sukhdeo NaraIn Singh Vs. the State of B ...
Court: Patna
Decided on: Jan-15-2009
Ajay Kumar Tripathi, J.1. Vide Annexure-1 dated 14.9.1989 in exercise of power under Section 32 of the Consolidation of Holdings and Prevention of Fragmentation Act, 1956 a sale deed executed by one Ram Sakhi Devi was held to be void and a fine of rupees fifty was imposed for violating Section 5 of the Consolidation Act because the Collector came to a considered opinion that the transfer was in breach of the law as no permission was obtained from the Consolidation Officer.2. Brief facts are that original respondent No. 3 late Ram Sakhi Devi executed a sale deed in favour of the writ petitioner way back on 1.3.1973. Petitioner came in possession of the said land. On 20.9.1974 the land register of the village in question was published but there was large number of errors which were pointed out by the villagers. On a Village Advisory Committee decision dated 12.8.1981 a decision was taken to cancel the consolidation scheme of the village and order for publication was made. In exercise of...
Rabindra Nath Mishra S/O Late Muktinath Vs. Presiding Officer, Central ...
Court: Patna
Decided on: Jan-15-2009
A.K. Tripathi, J.1. This writ application has been filed by petitioner who was the former employee of the respondent Indian Oil Corporation (hereinafter referred to as the I.O.C.), Barauni Refinery challenging the award dated 25.9.1995 passed in Reference Case No. 80/1992. The Industrial Tribunal has upheld the termination order passed against the petitioner to be legal and valid. Petitioner is also seeking the quashing of order dated 31.8.1987 passed by respondent No. 3 by virtue of which his service was terminated with effect from 13.8.1987.2. Petitioner was appointed as an assistant wireman on daily wage basis way back on 9.1.1960. Subsequently he was given a pay scale of Rs. 35-70/- along with other allowances vide office order dated 25.9.1960. On completion of his probation period he was appointed as a Fitter (Electrical) on 20.8.1964. Petitioner was holding the post on permanent basis as Technical Grade-II (Electrical) when on 7.5.1985 he suffered serious injury while on duty an...
Naresh Metal Industries, Near Industrial Estate, Through Its Proprieto ...
Court: Patna
Decided on: Jan-15-2009
Navaniti Prasad Singh, J.1. Heard.2. Petitioner had taken certain term loans from the respondent- Bihar State Financial Corporation starting from the year 1980. In all, there were four term loans. It is not in dispute that on 19.12.1997, the branch of the Corporation, with which the petitioner had its dealing, informed the petitioner that so far as loan Account Nos. I, II and III are concerned, they have been liquidated. There remained only Account no IV in which also there is no dispute that as the Account stood, petitioner deposited the entire due on 21.3.2007. Thus, all four accounts were duly paid up and cleared. Now, the Corporation revised the account from the year 1980 and comes up with an additional demand of Rs. 22,70,856/-. This shocking state of affairs is the basis of challenge in the writ petition.3. In the counter affidavit, the explanation given by the Corporation is virtually a saying that since 1981 its Account Section failed to charge interest Accordingly its stand i...
Chandan Kumar @ Chandan Paswan and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-13-2009
Samarendra Pratap Singh, J.1. Heard the learned Counsel for the parties.2. The petitioners are aggrieved by the order dated 3.12.2008 passed by the learned Additional Sessions Judge, F.T.C. - V, Gaya, in Sessions Trial No. 227/06 by which the petition for declaring these petitioners to be juvenile has been rejected.3. The learned Counsel for the petitioners submits that the learned trial court rejected the application as the same was filed at belated stage. He submits that the plea of juvenile can be raised at any time. He further submits that the petitioners ought to have been medically examined.4. The learned Counsel for the informant submits that the bail application of the petitioners had earlier been rejected on the ground that they are not juvenile. He further submits that the learned trial court took into account various circumstances while rejecting the application of the petitioners to declare them juvenile.5. The petitioners have filed supplementary affidavit. In supplementa...
Kailash Prasad Singh Son of Late Saryug Prasad Singh Vs. the State of ...
Court: Patna
Decided on: Jan-13-2009
Ajay Kumar Tripathi, J.1. Annexure-2 dated 31.8.1998, an order passed by the Collector under Section 37 of the Ceiling Act is the bone of contention in the present writ application. Petitioner wants quashing of the same for the reasons indicated in later part of the order.2. According to the assertions made in the writ application the joint family property of one Udit Narayan Singh was partitioned vide Suit No. 12 of 1955 and the petitioner came in separate exclusive possession of certain property along with his four sons. Details of the genealogical table has been furnished in para 7 of the writ application. Separate Jamabandi came to be opened in the names of the five land holders and rent receipts etc. came to be acquired thereafter.3. A land ceiling case bearing Case No. 662 of 1976 was initiated against one of the sons of Udit Narayan Singh namely, Sukhdeo Prasad Singh. A similar land acquisition proceeding being L.C. Case No. 8 of 1978 was initiated against another son of Udit N...
Smt. Devanti Devi Wife of Umesh Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-13-2009
A.K. Tripathi, J. 1. Order dated 19.9.1990, Annexure-3 to the writ application, passed by the Additional Member, Board of Revenue, in revision application filed by respondents No. 7 and 8 is now being challenged by the petitioner in the present writ application. The revisional order has set aside the two orders earlier passed in favour of the petitioner by respondents No. 3 and 4 namely, Additional Collector and Deputy Collector, Land Reforms, respectively.2. A sale deed was executed on 10.11.1984 by respondent No. 5 namely, Mostt. Savitri Devi. She sold 0.04 decimal of land in Plot No. 1454 and 0.04 decimal of land in Plot No. 2229 from Khata No. 67 in Village Ajaypur, Police Station - Noorsarai, District - Nalanda in favour of respondent No. 6. The sale deed was registered on 16.12.1985.3. On 18.1.1986 respondent No. 6 namely, Dewan Mahto executed a deed of gift in favour of his daughter-in-law, the present petitioner. The gift was to the extent of 0.1 decimal of land including 0.8 ...
Vinoy Plywood Industries Vs. the State of Bihar Through Industrial Dev ...
Court: Patna
Decided on: Jan-13-2009
Ajay Kumar Tripathi, J.1. Petitioner, a registered Small Scale Industry Unit, engaged in manufacture of plywood and other related items, decided to avail a term loan of Rs. 3,00,000/- from the respondent Bihar State Financial Corporation (hereinafter referred to as the Corporation) for setting up a unit at Fatwah Industrial Area to enable it to go for commercial production. The loan by the Corporation was sanctioned on 22.3.1980. A registered mortgage deed was executed in favour of the Corporation on 27.8.1980 and the working capital was sanctioned by Canara Bank on 31.5.1985, though belated as alleged by the petitioner.2. It is stated by the petitioner that the Unit did go into production and even supplies were made to various persons but the unit ran into certain difficulty unforeseen. To over come the financial short fall, the petitioner approached the Corporation for sanction of Soft loan to the extent of 12.65 lakhs for rehabilitation. Many correspondences had been made, some mon...
Sukhendra Dubey S/O Late Baidyanath Dubey Vs. the Bank of India Throug ...
Court: Patna
Decided on: Jan-13-2009
Ajay Kumar Tripathi, J.1. Vide order dated 31.8.2004 contained in annexure-7 the respondent Bank of India has rejected the claim for payment of pension to the petitioner on the ground that Regulation 22 of the Bank Employees Pension Regulation, 1995 does not allow pension to employees who are either dismissed or removed from service or whose services were terminated or forfeited. Petitioner challenges this order along with yet another letter dated 3.7.2004, contained in annexure-5, where similar kind of decision refusing grant of pension had been communicated to the petitioner.2. Petitioner started his career under the respondent Bank as Sub-Staff on 1.12.1969 and was posted at Dehri-on-Sone Branch initially. Later on, he was transferred to Bhagwanpur Branch in the district of Muzaffarpur. He earned promotion on the post of Clerk-cum-Cashier and was transferred from one branch to other. He was last posted at Sasaram Branch of the Bank. According to him he had good service record from ...
Bihar State Electricity Board, Vs. the State of Bihar,
Court: Patna
Decided on: Jan-13-2009
Ajay Kumar Tripathi, J.1. Since in all these writ applications common question of law have been raised for consideration therefore they had been ordered to be heard together. After hearing the cases they are being disposed of by this common order.2. The basic question which has been raised in these writ applications by the petitioner Bihar State Electricity Board is whether the impugned orders passed by the Electrical Inspector while exercising power under Section 26(2) can pass order setting aside any electrical bill raised by the petitioner for the reasons beyond the ambit of Section 26(6) of the Indian Electricity Act, 1910 (hereinafter referred to as the Act).3. In all writ applications no doubt certain dispute was raised with regard to the authenticity or the correctness of the bills raised on the consumers, but from perusal of the impugned orders passed by the Electrical Inspector it is apparent that he has gone into the question of load factor, tampering of meter and other issu...
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