Court : Patna
radha mohan prasad, j.1. as in both these writ petitions, the question involved is common, they are being disposed of by this common order.2. in the first writ petition (c.w.j.c. no 13522 of 2000), the prayer is to quash the order dated 17-8-2000, contained in annexure 9, passed by the managing director and group executive (national banking), state bank of india, mumbai (respondent no 3), whereby the claim of the petitioner for appointment on compassionate ground after the death of his father late gopal nandan prasad sinha in harness on 30th august, 1996 has been rejected and the second writ petition (c.w. j.c. no. 918 of 2001) is directed against the order as contained in ref: ptc/ssw/4209/2000-01/ hkv dated 16-12-2000 (annexure-4), issued by the divisional manager, canara bank, patna, informing the petitioner that the competent authority after examining his case has declined to give appointment in the bank on compassionate ground as no indigent circumstances necessitating employment exists in his case and consequently the petitioner has sought for a direction to the respondent authorities to appoint him on compassionate ground after the death of his father late sibbo sharma in harness on 11-12-1999. by way of amendment i.a no. 783 of 2001 has also been filed in the second case challenging the validity of the order dated 14-12-2000, contained in (annexure-5), issued by the assistant general manager, canara bank, bangalore to the assistant general, manager, canera bank, .....
Tag this Judgment!Court : Patna
Reported in : AIR2001Pat166
1. this petition was filed in 1997, in effect, challenging the decision of the district forum , begusarai (under the consumer protection act, 1986, (hereinafter referred to as the act) in case no. 57 of 1995; shashi kumar v. chairman, bihar school examination board, patna.2. the facts as are borne out from the very first paragraph of the order of the district consumer forum, which has been impugned , is that as the mark sheet of the mathematics paper ii after re-evaluation not having been supplied, the applicant shashi kumar filed an application before the district consumer forum for compensation for rs. 10,000/-. it was his contention that the marks in mathematics paper ii were beyond his expectation. thus, he applied for re-evaluation and also deposited the requisite fee of rs 25/- against receipt no. 301362 dated 10 sept., 1993. it is asserted that the opposite party did not re-evaluate the mathematics paper ii so that he had to send a reminder and even then he did not receive the result of re-evaluation. the late receipt of the re-evaluated mark sheet harmed him and he could not receive admission in science class with mathematics as a subject and that his academic career had been hurt.3. the district consumer forum noticed the defence of the opposite party made before it, that is, the bihar school examination board. the submission was to the effect that the complaint itself was not maintainable as the applicant shashi kumar could not be a consumer within the meaning of .....
Tag this Judgment!Court : Patna
p.k. deb, j. 1. this writ petition has been filed by the above named petitioner for issuance of appropriate writ for quashing the entire criminal case of raxaul p-s. case no. 05/2000 under section 414, i.p.c. and 7 of the essential commodities act instituted by respondent no. 6, naresh sahay against the petitioner and others on the ground that 700 tins and jars of vanaspati were loaded on truck bearing registration no. wb-03a/ 2239 which were seized by respondent no. 6 and referred the matter to the collector, east champaran, motihari for initiation of confiscation proceeding under section 7 of the essential commodities act. a supply case no. 4/2000 was initiated in the collectorate of district magistrate, east champaran, motihari. an f.i.r. was also lodged on the basis of the so called statement, of the driver being raxaul p. s. case no. 5/2000.2. the allegation was that vanaspati ghee (dalda) loaded in the truck was having no valid papers and export permission although it was stated that the same was taken from birganj to indore, but practically as per the driver's statement, they had to be unloaded at muzaffarpur. the confiscating authority took informations from the custom officials and also made a enquiry and found that all valid papers were there having trading licence etc. of m/s. bharat international and the custom officials had mentioned that all papers were valid and after payment of custom duty the vehicle along with the articles were released for going to indore .....
Tag this Judgment!Court : Patna
..... the contention of the appellant's lawyer is that the victim and his cousin both were proceeding on a motor-cycle and they met with an accident and when the appellant reached the place of occurrence, he found kamal nayan in injured condition and, therefore, he carried him to the hospital. ..... the tribunal on the basis of evidence of so many witnesses examined on behalf of both the parties came to the conclusion that the appellant had, of course, caused accident of the victim, namely, kamal nayan @ kanchan and the victim had sustained permanent disablement of his right leg. ..... appeal is directed against the order of award passed by sri anwar ahmad, motor accident claims tribunal, nawadah, dated 14th september, 1993, the defendant-opposite party of that claim case no. ..... so, there was clear and definite identification of the appellant as the culprit of the accident resulting into the fracture of the right leg of the victim. ..... on the basis of the evidence in the lower court, the trial court came to the definite finding/conclusion that the alleged accident caused by the appellant was proved. ..... 1, cousin of the victim who admitted the victim in the hospital and thereafter appellant krishna prasad along with the victim's cousin went to the house of the victim to intimate his family members about the accident. ..... 1 is to the effect that near the karmbir press, he had found the victim in injured condition and the people assembled there were crying that a man of his own mohalla was injured in an accident. .....
Tag this Judgment!Court : Patna
p.k. deb, j.1. this review petition has been preferred under article 226 of the constitution of india in respect of an order passed on 4-2-2002 by the hon'ble mr. justice s.j. mukhopadhyaya, as he then was in this high court in c.w.j.c. no. 8000/93.2. the present petitioner, anjani kumar mishra was respondent no. 6 in the original writ petition. five persons filed the above-mentioned writ petition challengr ing the appointment of respondents 5 to 9 on the ground that they were appointed without following the process of selection. all the private respondents had contested the writ petition and after adjudication it was directed to the official respondents to remove respondents 5 and 6 from the post of clerk, if no formal order of termination is issued till date. such order should be issued on an earlier date but not later on a period of a month from the date of receipt/production of the copy of the order. in respect of the present petitioner, it was held in the following manner in the writ petition itself:so far as respondent no. 6 is concerned, he has appeared, but failed to show that he competed in the typing test. thereby it can be safely stated that the appointment of respondent no. 6 was made without following the procedure....and consequence to such finding the order of termination was directed. but in the counter-affidavit filed by respondent no. 6, it was contended that respondent no. 6, this present petitioner in this review petition was practically a retrenched .....
Tag this Judgment!Court : Patna
1. this appeal arises from order of the learned single judge in c.w.j.c. no. 2734 of 2001 by which the learned judge dismissed the writ petition of the appellant. by the order under challenge the exhibition of the film koya was suspended and the cinema hall was put under lock. the learned single judge took the view that an order suspending the exhibition of the cinema show comes under section 6 of the bihar cinema (regulation) act, 1954 (wrongly noted as cinematograph act in the order) and as that order is appealable under section 7 of that act but the appellant had not preferred an appeal against the order, he declined to entertain this petition. 2. when the appeal was taken up for preliminary hearing on 22-3-2001 counsel for the state fairly stated that provisions of section 7 of the said act are not attracted in the instant case but in view of the provisions of sub-section (2) of section 6 of the act which provides information of the order by the state govt. he took time for instructions. today when the case was taken up he produced copy of letter no. 863 dated 24-3-2001 of the additional secretary, urban development informing the district magistrate, jahanabad that under section 8 of the act the district magistrate is competent to cancel or suspend the cinema licence and therefore, it is open to him to take necessary action in accordance with law. the aforesaid letter is based on complete misapprehension of the point involved. section 6 of the bihar cinema (regulation) .....
Tag this Judgment!Court : Patna
1. these two petitions are being taken up together as the issues raised are similar. apart from that between the petitioner, bijay metal works and in other petition s.c.i. india limited, the two are not strangers and there is a nexus between the partners of one petitioner and the directors of the other. this aspect is not in issue and acknowledged by both the parties.2. the matter relates to the sale of country liquor and the issues are whether sales tax may be due and yet has to be paid by the petitioners to the state of bihar. the petitioners have their own explanation that nothing is 'legally' due but the state of bihar contends that such taxes are due, were collected, retained but not deposited. in between this lie the issues.3. the petitioners impugn the order of the commercial taxes tribunal, bihar, patna, dated april 13, 1999 in revision case no. b.h. 155 of 1999 (bijay metal works v. state of bihar). the order of the commissioner of commercial taxes in revision case no. c.c.(s) 355 of 1996-97 is also challenged. the order of the commercial taxes tribunal, patna, is annexure 7 and the order of the commissioner of commercial taxes, dated february 16, 1999, is annexure 6.4. mainly, what is supposed to have aggrieved the petitioners is that, according to the petitioners, the 'consolidated registration' has been denied within the meaning of sub-rule (4) of rule 3 of the bihar sales tax rules, 1983. the contention of the petitioners is that as it carried on business at .....
Tag this Judgment!Court : Patna
1. these two petitions are being taken up together as the issues raised are similar. apart from that between the petitioner m/s bijay metal works and in other petition m/s s.c.i. india limited, the two are not strangers and there is a nexus between the partners of one petitioner and the directors of the other. this aspect is not in issue and acknowledged by both the parties.2. the matter relates to the sale of country liquor and the issues are whether sales tax may be due and yet has to be paid by the petitioners to the state of bihar. the petitioners have their own explanation that nothing is 'legally' due but the state of bihar contends that the such taxes are due, were collected, retained but not deposited. in between this lie the issues.3. the petitioners impugn the order of the commercial taxes tribunal, bihar, patna dated 13 april, 1999 in revision case no. b.h. 155 of 1999 bijay metal works v. state of bihar and ors. the order of the commissioner of commercial taxes in revision case no. c.c. (s) 355/1996-97 is also challenged. the order of the commercial taxes tribunal, patna is annexure 7 and the order of the commissioner of commercial taxes dated 16 february, 1999 is annexure 6.4. mainly, what is supposed to have aggrieved the petitioners is that, according to the petitioners, the 'consolidated registration' has been denied within the meaning of sub-rule(4) of rule 3 of bihar sales tax rules, 1983. the contention of the petitioners is that as it carried on business .....
Tag this Judgment!Court : Patna
aftab alam, j.1. for appointment as constables in the bihar military police-16, applications were invited from ex-service men by advertisement (annexure 6) published in the daily 'aaj' of november 6, 2000. by order, dated 15-1-2001 (annexure 7) issued by the deputy inspector-general, police (human rights), a committee was constituted for making selection for appointment on the vacant posts of constable in b.m.p. 16. in that order, it is also stated that appointment to the vacant posts of constables in bihar military police 16 will be made following the law of reservation as enacted by the government of bihar.2. the bihar police men's association and the association's mantri who are petitioners 1 and 2 respectively feel aggrieved by the order, dated 15-1-2001 insofar as it states that appointments will be made following the law of reservation as in existence in this state.3. mr. vinod kanth, learned senior counsel appearing on behalf of the petitioners stated that following a decision of the state government in the year, 1982, b.m.p. 16 was raised comprising exclusively of ex-service men. according to mr. kanth, b.m.p. 16 was, thus, already reserved for ex-service men and any application of castes/ tribes based reservation would, therefore, amount to making reservation within reservation which was impermissible in law.4. to me, it appears that to describe the battalion, namely, b.m.p. 16 as being 'reserved'for ex-service men is both misconceived and self-defeating. it is self .....
Tag this Judgment!Court : Patna
..... the admitted position remains that the younger brother of the appellant, namely, prem mehtar died in a motor accident and the claim case was filed by the appellant seeking compensation to the tune of rs. ..... palappa 1999 acj 961 (sc), wherein it was found that a minor boy died of accident due to negligence of the driver and compensation to the tune of rs. ..... regarding compensation, the learned tribunal held that accident occurred due to negligence of the driver and the vehicle concerned was at the relevant time insured with the respondent no. ..... 2 at the relevant time of accident.4. ..... the deceased was aged about 17 years and he was earning by doing private work as a sweeper and it is also in evidence that as per his contribution, his sister was married 10 years ago from the date of the accident. .....
Tag this Judgment!