Court : Patna
n. pandey and a.k. prasad, jj.1. this writ petition has been filed for a direction to the respondent nos. 1 to 6 to refund a sum of rs. 1,42,960/- with interest from the date of realisation of the amount till the data of refund.2. it is stated that this court by a judgment in the case of chandrama coal products and ors. v. state of bihar and ors. 1993 (3) pljr 706 and analogous cases has already declared the notification bearing s.o. no. 3 dated 3.1.1998 as illegal and arbitrary. by the above notification, rate of sales tax was fixed at the rate of 8% on the sale and purchase of 'slurry' and 'sludge'. it was held that on such commodity, sales tax cannot be realised in excess of 4%. the claim is since admittedly the petitioner had deposited excess amount in terms of the aforesaid notification, therefore, now entitled for refund.3. from the materials on record as well as the counter-affidavits filed on behalf of the central coalfields limited-respondent nos. 1 to 5 and the respondent no. 6-state of bihar through commissioner of commercial taxes, bihar, patna, there appears to be no dispute that the amount of sales tax was realised at the rate of 8% per annum + 1% additional tax, whereas as per the decision of this court, realisation of sales tax can only be made up to the extent of 4% per annum.4. on behalf of the state government, it was stated that such amount can only be refunded to the authority of the central coalfields limited, because it was deposited through them. .....
Tag this Judgment!Court : Patna
..... both parties adduced evidence and on consideration of the evidence on record the tribunal found that it was the bus alone which was responsible for negligence in occurrence of the accident and hence as the insurance company had coverage of the vehicle at the relevant period the insurance company alone was held liable to pay compensation in all the cases. ..... all the above mentioned three claim cases have arisen out of the same accident which had taken place on 24.6.1993 on national highway no. ..... all these appeals have been heard analogously as they arise out of the common judgment and award passed by the 2nd additional district judge-cum-motor accidents claims tribunal, muzaffarpur in claim case nos. ..... it is true that at the time of the accident the deceased was earning a salary of rs. .....
Tag this Judgment!Court : Patna
r.n. prasad, j.1. a land ceiling proceeding bearing no. 18/73-74 was initiated against dharmnarain sah @ narain sah, respondent no. 6. in the said proceeding the land of the land-holder including the land, in question was declared surplus. the land-holder challenged the order in different forum including in c.w.j.c. no. 11295/98 before this court, however, during the pendency of the proceeding the land declared surplus was acquired under section 15 of the bihar land reforms (fixation of ceiling area and acquisition of surplus land) act, 1961, hereinafter referred to as the 'ceiling act'. after acquisition of the surplus land the land was distributed amongst the needy persons including the petitioner. the petitioner was granted parwana in the year 1991 and since then the petitioner claims to be in possession over the land, in question. however, the writ petition, as stated above, was disposed of on 6.1.99 (annexure 2) wherefrom it appears that the land-holder was allowed to retain 93 acres of land and he was allowed to exercise option under section 9 of the ceiling act. the land-holder exercised option and filed a petition to the aforesaid effect but his petition with respect to 31.65 acres of land was rejected.2. the land-holder challenged the order of rejection and this court vide order (annexure 2) directed the authority concerned to allow the land-holder to retain the land to the extent of 31.65 acres as per his choice. pursuant to the order of this court, the land-holder .....
Tag this Judgment!Court : Patna
radha mohan prasad, j.1. in both writ petitions, grievance of the petitioners is with respect to non-payment of contributory provident fund, hereinafter called as cpf, and also with respect to non-grant of pension and gratuity benefits to them.2. in the first case, petitioner no. 1 joined the service on 10.2.1960 and retired from the post of mukhaya sevika, family and child welfare project under the bihar state social welfare advisory board, hereinafter called as 'state board1, on 31.6.1998 and petitioner no. 2 was appointed as accountant in welfare extension project and is presently working in the said capacity at jehanabad and is to retire from service on 31.5.2002. in the second case, the sole petitioner joined the service and later on promotion to the post of accountant finally retired on 30th november, 1991 from the family and child welfare project, udwantnagar, bhojpur under the state board. as the petitioners have been kept denied of the aforementioned benefits they have filed the present writ petitions raising the abovementioned grievance.3. an intervention petition bearing i.a. no. 1649 of 2000 has been filed on behalf of one leela verma, wife of sri m.p. verma in the second writ petition seeking same relief as claimed by the petitioner of. the second writ petition besides some more relief, such as, payment of arrears amount of 4th pay revision with effect from 1.4.1981, arrear amount of 5th pay revision with effect from 1.4.1986, benefit of two time-bound .....
Tag this Judgment!Court : Patna
radha mohan prasad, j.1. in both the writ petitions, the question involved is common and the respondents are also common and as such after they were heard, orders were reserved for disposal together, as agreed upon by the learned counsel for the parties.2. in the first case (c.w.j.c. no. 10684 of 1999), the petitioner was a constable and in the second case (c.w.j.c. no. 11162 of 1999) the petitioner was a lance naik in c.r.p.f. when a departmental proceeding was initiated against them. in the first case, the petitioner was charged for carrying v.c.p. of sarpanch secretly to share illegal gain with lance nayak biren singh (petitioner of second case) and in the second case, petitioner biran singh was charged for accepting the v.c.p. of village sarpanch from the petitioner of the first case and carrying it to his home.3. in the departmental proceeding, the petitioners were awarded with punishment, vide common office order no. p viii. 15/95-133-ec ii dated 17.1.1996. the petitioner of the first case was awarded with the punishment of 28 days confinement to q.g. with one hour punishment drill every day with forfeiture of pay and allowances from the date of issue of the order whereas the petitioner of the second case was reduced to the rank of constable for a period of one year with effect from the date of issue of order and the period of his reduction was to affect his seniority and future increments, etc. the suspension period from 22.4.1995 to 16.1.1996 was to be treated as .....
Tag this Judgment!Court : Patna
..... the learned tribunal framed the following issues in the case:(i) whether there was accident involving death of ramcharitra singh arising out of the use of motor vehicles bearing registration nos. ..... the present appeal has been filed against the judgment and award dated 29.8.1992 and 21.9.1992 respectively passed by the 1st additional judicial commissioner-cum-motor accidents claims tribunal, ranchi in compensation case no. ..... (ii) whether the accident occurred due to rash and negligent driving of the vehicle? .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
a.n. chaturvedi, president 1. this appeal is directed against an order dated 24.8.1993 passed by district forum, sahebganj in case no. 9 of 1992 whereby the district forum has directed the appellants, who were opposite party nos. 1 and 2 in the complaint case before the district forum, to adjust rs. 32,800/- with interest thereon towards the loan advanced to the complainants (respondent nos. 1, 2 and 3 in this appeal). there is further direction for adjustment of rs. 10,000.00 awarded as compensation towards the loan advanced to the complainants. 2. it appears that the complainants (respondent nos. 1, 2 and 3 in this appeal) filed a complaint before the district forum in july, 1992 alleging therein that they had been sanctioned loan by the state bank of india, sahebganj branch for purchase of tractor, trailer, etc. for agricultural purposes and had deposited in the said bank rs. 33,900/- as margin money. the tractor was supplied to them. the said branch of the state bank of india paid rs. 32,800/- to opposite party no. 3 shri arvind kumar akela, proprietor of m/s. maa chanda industries, chandni chowk, kahalgaon (respondent no. 4) for supply of trailer, etc., but the said opposite party (respondent no. 4) did not supply the same which resulted in loss to them (complainants). on the aforesaid allegations the complainants in their complaint petition had prayed for supply of trailer, etc. and in case of non-supply thereof, for realisation of rs. 32,800/- with interest w.e.f. .....
Tag this Judgment!Court : Patna
..... this court after considering the amended provisions of court fees act has come to the conclusion that in memorandum of appeal arising out of an award of motor accidents claims tribunal the provision of article 9 (schedule 11) of the bihar court fees (amendment) act, 1995 will apply and the court fee payable will be rs. 15.6. ..... but if one of them chooses to file his claim before the motor accidents claims tribunal under the motor vehicles act and gets an adverse order, he can move this court in appeal by paying court fee stamp of rs. 15. ..... whether he files the claim before the motor accidents claims tribunal or before the commissioner under the compensation act will depend on his volition. ..... in a given case if in one and similar accident two persons sustain bodily injuries they can claim for compensation either under the motor vehicles act or upon the compensation act. .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
a.n. chaturvedi, president 1. this appeal by opposite party-appellant (divisional manager, national insurance company, hazaribagh), is directed against the order dated 4.7.1996 passed by district forum, koderma at hazaribagh in complaint case no. 9of 1996/63 of 1995 whereby the district forum has directed the opposite party-appellant to pay rs. 1,57,859/- to the complainant (respondent) as medi-claim amount with interest @ 18% from november, 1994 till payment. there is further direction for payment of rs. 5,000/- as compensation and rs. 2,000/- as cost. 2. it appears that the complainant (respondent) filed a complaint petition before the district forum on 5.4.1995 alleged therein that he was insured by national insurance company, hazaribagh division under medi claim insurance scheme, category vide policy no, 171100/8500005/93 which was for the period 19.5.1993 to 19.5.1994. during the insurance period he (complainant) had massive heart attack for which he was under the treatment of a number of doctors. finally he was admitted in b.m. birla heart research centre at calcutta on 8.5.1994 where he, after investigation, underwent coronary bye-pass surgery. after discharge from the said b.m. birla heart research centre he came back and submitted claim form to the divisional manager of national insurance company at hazaribagh with regard to the expenditure incurred by him over his treatment. the divisional manager made several enquiries and investigations but did not settle his .....
Tag this Judgment!Court : Patna
anil kumar sinha, j.1. both these applications were heard together as both the cases arise out of the common facts and common relief, inasmuch as, in both the cases, it has been prayed that the entire criminal proceedings including the order of cognizance taken in complaint case no. 141/99 (t.r. no. 839/99) pending in the court of sri k.k. singh, judicial magistrate, jamshedpur, may be quashed.2. in both the cases, the facts are almost similar. the petitioners' case, in short, is that the complainant (opposite party no. 2) filed a complaint-petition in the court of the chief judicial magistrate, jamshedpur, on 8.3.1999 against the petitioners which was transferred to the file of sri k.k. singh, judicial magistrate, jamshedpur, under section 192(2) cr.p.c. for disposal and the learned magistrate recorded the statement of the complainant as well as the statement of sole witnesses, namely, b.r. chakraborty and took cognizance in the case under sections 408, 418 and 120b of the indian penal code and passed order for issuing summons against the accused-petitioners. later on, warrant of arrest and processes under section 82, cr.p.c. were also issued. the brief facts, in the complaint-petition are that the complainant who was one of the directors of m/s. bihar air products ltd. in short ('b.a.p.l.') which is a company engaged in manufacturing and supplying industrial gases alleged that the petitioner narayan chandra mukherjee was appointed as company secretary-cum-general manager .....
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