Court : Patna
nagendra rai, j.1. this letters patent appeal is directed against the order dated 10.1.2000, passed by a learned single judge of this court in c.w.j.c. no. 10684 of 1996, by which he has dismissed the writ application filed by the appellant for a direction to the respondents to regularize his promotion on the post of professor in the department of eye nalanda medical college and hospital, patna (for short 'n.mc.h.') with effect from 14.9.1987.2. the controversy in this appeal is with respect to the filling up the post of professor in the department of eye, n.m.c.h., patna.3. the case of the appellant is that an associate professor was eligible for being promoted to the post of professor, which is done on the basis of recommendation of the bihar public service commission (for short 'the commission') and after clearance by the vigilance department and after performing other formalities. the appellant was promoted on ad-hoc basis to the post of professor in the eye department of the n.m.c.h. vide notification dated 14.9.1997 for a period of six months and thereafter, he continued on the said post on ad-hoc basis. he was paid salary in irregular manner. the regular promotion could not be made due to non-observance of other formalities; such as concurrence by the commission. thereafter, he filed the writ application, out of which this appeal arises, for a direction to the state government to complete the formalities for regularization of his promotion on the said post with effect .....
Tag this Judgment!Court : Patna
nagendra rai, j.1. this appeal is directed against the judgment dated 17.8.1999, passed by a learned single judge of this court in c.w.j.c. no. 171 of 1994, by which he has allowed the writ application filed by respondent no. 1 and has quashed the notice dated 20.12.1993 (annexure 15 in the writ application), whereby the appellant-bihar state financial corporation (hereinafter referred to as 'the corporation') took action under sections 30 and 29 of the state financial corporation act (hereinafter referred to as 'the act') and directed the corporation to release the remaining amount as per the agreement and also to make attempt to make the unit viable and put it in workable condition by discharging statutory duty provided under section 24 of the act and recover the loan amount and the interest accrued thereon by fixing instalment so that the unit comes into production and survives. the learned single judge also directed the industries department to release the amount of subsidy as sanctioned by it by letter dated 19.9.1991.2. necessary facts for disposal of the present appeal are that respondent no. 1 dr. dinesh kumar mani, a homoeopathic doctor, with a view to developing-the homoeopathic medicine decided to establish a homoeo medicine industry at muzaffarpur and got the respondent-company incorporated as a company under the provisions of the companies act in the name and style of m/s. swad pharmaceuticals pvt. ltd. in the year 1987. the respondent-company approached the .....
Tag this Judgment!Court : Patna
..... in this background the facts of the instant case are required to be seen.one pradeep kumar rawat having died in a bus accident, his heirs filed the claim case for compensation of rs. ..... they further denied the very factum of accident caused by bus no. .....
Tag this Judgment!Court : Patna
aftab alam, j. 1. these two cases came to be heard before a bench of three judges on a reference made by me. earlier while hearing these cases, sitting singly, i found it difficult to reconcile the views taken in two division bench decisions of this court, one cited in support of the case of the petitioners and the other relied upon by the respondents. i accordingly, made an order of reference indicating the points of deviation in the two decisions. 2. the two petitioners, one in each of these two writ petitions were removed from service of the bihar co-operative marketing union, ltd. (the biscomaun, for short) by orders passed by its administrator on the ground that their appointment was irregular and illegal. at the time of their removal they were given one month's wages in lieu of one month's notice (evidently to satisfy the requirements of the bihar shops and establishments act) but admittedly no show cause notice or an opportunity of hearing was given to the petitioners before passing the order of their removal from service. 3. the petitioners filed, separate writ petitions submitting that their removal from service, without giving them any notice to show cause or an opportunity of hearing was violative of the principles of natural justice. in support of the submission reliance was placed on an unreported division bench decision of this court in c.w.j.c. no. 8642 of 1988, sri biresh tripathi v. state of bihar and ors.. in that case also an order of removal from service .....
Tag this Judgment!Court : Patna
..... the only point raised by the learned counsel for the appellant is that the death of the deceased had not taken place due to any motor accident rather they were killed by miscreants and after killing they filed away with the vehicles and therefore, the claim petition before the motor vehicles tribunal was not maintainable. .....
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narayan roy, j.1. heard mrs. bina rani, learned amicus curiae, in criminal appeal no. 258 of 1987 and mr. ramesh singh, earned counsel for the appellant in criminal appeal no. 259 of 1987, and also mr. ganesh prasad jayaswal, learned additional public prosecutor for the state of bihar.2. both these appeals arise out of the common judgment and order of conviction and sentence, therefore, both the appeals have been heard together and are being disposed of by this common judgment.3. both these appellants, namely, bam bam manjhi and paras rai, have been found guilty under sections 302/34 of the indian penal code for committing murder of sarwanand rai, and they have been sentenced to undergo rigorous imprisonment for life.4. the prosecution case, briefly stated, is that the informant ram sewak rai (p.w. 1) along with his brother sarwanand rai, the deceased, had gone to neora market on 7.10.1984. by 5.00 p.m. they finished marketing and were to return back to their place, but, in the meantime, accused paras rai and bam bam manjhi (both appellants herein) came there in the company of budhan yadav, bachu yadav, krishna yadav and one unknown person and asked sarwanand rai to go with them to neora hospital and asked the informant to remain there. the informant, accordingly, stayed back, whereas the deceased and the accused-persons, named above, went towards neora hospital. the informant waited there for hours together and finding no trace of his brother, he became fearsome and all of .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... were opened by the mechanic whereupon the said surveyor directed for preparation of list of internal parts damaged in the accident and accordingly the garage owner prepared the list which, as per direction of the surveyor, was submitted to opposite party no. ..... it is not disputed that at the time of accident the maruti van of the complainant was under insurance cover provided by the opposite party. ..... regarding the accident had been lodged and hence the alleged accident is doubtful. ..... information regarding accident was given to the branch manager (opposite party no. ..... of darbhanga which also makes the accident doubtful. ..... -7806 which was under insurance cover provided by the opposite party, met an accident on 20.6.1993. ..... ) of accident but the identity and the registration number of the offending tractor has not been disclosed. .....
Tag this Judgment!Court : Patna
a.k. prasad, j. 1. this letters patent appeal is directed against the judgment of the learned single judge of this court in f.a. no. 134 of 1984 (r), while reversing the judgment and decree of the trial court dated 28.6.1984 in p.s. no. 143 of 1982 and decreeing the suit of the plaintiffs for partition of the suit property, which is fully described at the foot of the plaint. the suit property is a building with vacant land, which measures 10 cotthas and two chataks, which is situate in village kadru, mohalla-office pada, within the police station doranda, in ranchi town.2. it is admitted fact that prafulla chandra roy was the common ancestor of the parties. it is further admitted fact that the parties are hindus, governed by dayab-haga school of hindu law in the matter of succession and inheritance. it is undisputed that the land in question was acquired by prafulla chandra roy under chhaparbandi registered lease dated 28.4.1990. it is not in controversy that prafulla chandra roy, the common ancestor of the parties, died on 23.5.1961, which is borne out by his death certificate (exhibit c).the genealogical table, as under, will depict the relationship inter se between the parties :--it is admitted fact that prafulla chandra roy, the common ancestor of the parties, had two sons, namely, prabhat chandra roy/original defendant no. 1 and prakash chandra roy/original plaintiff no. 1, and a widow daughter-in-law, namely, jogmaya roy/original plaintiff no. 2, the widow of his pre- .....
Tag this Judgment!Court : Patna
r.n. prasad, j. 1. in both the cases similar question of law and facts are involved. they have been heard together and are being disposed of by a common judgment. 2. in c.w.j.c. no. 1659(r) the petitioners have challenged the demand made vide letter dated 17-11-1985, annexure-9, directing to deposit arrear of rent and cess for the period 1-1-1956 to 31st march, 1985 by 11th december, 1985 and also revised demand made vide letter dated 21-11-1985 directing to pay arrears of rent and cess by the aforesaid date i.e. 11th december, 1985. by amendment the petitioners have also challenged the order dated 2-1 -1986 passed by respondent no. 2, annexure-15, by which the representation of the petitioners has been rejected. 3. in c.w.j.c. no. 1671/91 (r) the petitioners have challenged the order dated 10-6-1991 directing to pay cess for the period 11-4-1985 to 21-3-1990 by 20-6-1991, annexure-30, pursuant to the order dated 29-5-1991 passed in certificae case no. 3/ 90-91, annexure-29. however, during the course of argument learned counsel for the petitioners did not challenge the demand with respect to payment of arrear of rent. 4. in both the cases petitioner no. 1 is tata iron and steel company ltd. hereinafter referred to for the sake of brevity tisco' incorporated under the companies act, 1956 and petitioner no. 2 is share holder of petitioner no. 1. 5. the elevant facts of the cases are that the land comprising the town of jamshedpur was acquired for the petitioner company under .....
Tag this Judgment!Court : Patna
aftab alam, j.1. the short question that arises for consideration in this letters patent appeal is whether or not the expression 'employees who retired' used in sub-clause 7 of clause 3 (the applicability clause) of the allahabad bank (employees) pension regulations, 1995 also includes such employees who took voluntary retirement prior to the first day of november, 1993. the answer to the question, as it would be seen later in this judgment, hinges on the meaning assigned to the word 'retired' in the pension regulations, 1995. a learned judge of this court, sitting singly, answered the question in the affirmative and accordingly allowed the writ petition filed by the sole respondent, set aside the decision of the bank, the appellant, holding that she was not entitled to pensionary benefits and directed the bank to extend to her the benefits of the scheme under the pension regulations, 1995.2. the facts of the case are brief and without any controversy. the husband of the writ petitioner (the sole respondent in this appeal) was an employee of the allahabad bank. he joined the service of the bank on may 3, 1959 and after working for slightly over 30 years he sought voluntary retirement. his request for voluntary retirement was allowed by letter dated may 28, 1990 and he was released from the bank's service from that date. a few months later he died on december 22, 1990.3. in the year 1990 when the husband of the writ petitioner took voluntary retirement from the service of the .....
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