Court : Patna
S.K. Homchaudhuri, J.1. In this petition under Article 226 of the Constitution of India, the petitioner have approached this Court impugning the order of the Government of Bihar, Science and Technology Department dated 7.12.1994, a copy of which is annexed as Annexure 1 to the petition. By the impugned order, the Government have cancelled the final seniority list dated 175.1993 of the Professors of three Government Engineering Colleges, namely, Muzaffarpur Institute of Technology, Muzaffarpur (in short 'M.I.T., Muzaffarpur'), Bihar Institute of Technology, Sindri (in short 'B.I.T., Sindri') and Bhagalpur Engineering College. Bhagalpur (in short 'B.E.C., Bhagalpur'), and published a provisional seniority list, including the names of the time-bound promotes to the post of Professor in the three Colleges. The petitioners have also challenged the appointment of respondent No. 6, I.D.P. Singh, to the post of Director, B.I.T., Sindri on the ground that respondent No. 6 does not possess the ...
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Reported in : AIR2009Pat161
J.B. Koshy, C.J.1. The petitioner approached this Court by filing an application to the Chief Justice for the appointment of an 'independent/impartial Arbitrator' for an amicable settlement of the dispute between both the parties under Section 11(6) of the Arbitration and Conciliation Act 1996 (the Act, for brevity). The names of two retired District Judges were also suggested for appointment as Arbitrator for settlement of the disputes between the parties. The petitioner entered into agreements with the second respondent - Executive Engineer, Building Construction Department, Government of Bihar - for the execution of three works. The agreements were executed in Form F2 as prescribed by the Public Works Department.2. It is the case of the petitioner that Clause 23 of the agreement provides for arbitration, which reads as follows:23. In case any dispute or difference shall arise between the parties or either of thereupon any question relating to the meaning of the specifications, desig...
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Aftab Alam, J.1. The Tata Iron & Steel Company Limited (hereinafter referred to as 'the petitioner') and the Revenue are in dispute over the question whether certain structural materials and fixtures such as Columns, Braces, Trusses, Purlins, Ducts, Chutes, Hoppers, Bins, Walkways, Stair cases, hand railings and platforms etc. which were forged from duty paid iron/steel plates, angles, channels, girders etc. supplied by the petitioner and which finally went into the erection and installation of Sinter Plant No. 2 in the petitioner's works were eligible to excise duty. This disputes has been brought to this Court by filing this writ petition against the order, dated 22-11-1990 passed by the Collector, Central Excise, Patna. By the impugned order, he confirmed the demand for Rs. 3,55,81,610.71 paise against the petitioners and imposed a penalty of Rs. 10 lacs, further directing that interest @ 18.5% would accrue on the amount of excise duty and penalty if that amount remained unpaid aft...
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S.N. Jha, J. 1. These two writ petitions between the same parties involving the same point have been heard together and are disposed of by this common order. 2. The facts of the case may be noticed from the writ petition in CWJC No. 1367 of 1998(R). The petitioner, State Bank of India, granted cash credit facility to the extent of Rs. 28.77 lakhs to respondent No. 2, Jai Steel Industry, on June 12, 1989, against equitable mortgage of the immovable properties including the factory premises. As the said respondent defaulted in repaying the dues, the petitioner-bank instituted Mortgage Suit No. 76 of 1996 seeking a money decree in the court of the first Subordinate Judge, Dhanbad. The said suit on transfer under the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, is now pending before the Debts Recovery Tribunal at Patna. It appears that the income-tax liability of the proprietor of Jai Steel Industry, Shri T.N. Malhotra, was assessed by the income-...
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Shiva Kirti Singh, J.1. All the writ petitions covered by this common judgment have been heard together on the admitted premise that they seek to challenge the constitutionality, legality and vires of Sub-section (4) of Section 23 of the Bihar Tenancy Act, 1885 (hereinafter referred to as 'the Act'), which has been inserted by Bihar Tenancy (Amendment) Act, 1993 (Bihar Act 21/1993), as well as of provisions in the Bihar Rent Refixation Rules, 1995 (hereinafter referred to as 'the Rules).2. During the hearing of these writ petitions on several dates no dispute or controversy of facts was raised before this Court. All the writ petitions have been argued on the basis of undisputed understanding that on account of fresh assessment of rent under the impugned provisions, treating the land to be under non-permissible industrial or commercial use and, therefore, amenable to revised rent on the basis of its market value, the liability of the petitioners towards rent payable to the State under ...
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Reported in : AIR1987Pat175; [1987]66STC178(Pat)
S.S. Sandhawalia, C.J.1. The significant issue that emerges for adjudication in this reference to the Full Bench is whether the Notification No. S.O. 1432, dt. 28th Nov., 1985, issued in exercise of the powers conferred by Sub-section (2a) of Section 31 of the Bihar Finance Act (hereinafter referred to as 'the Act') prescribing the declaration form to be carried on a goods carrier or a vessel for transporting goods through the State of Bihar during the course of inter-State trade, is violative of the freedom of trade guaranteed by Articles 301 and 304 of the Constitution Equally at issue is a minor cleavage of judicial opinion within this Court betwixt two Division Bench orders passed at the motion stage.2. In the context of the aforesaid pristinely legal question, the facts inevitably pale into relative insignificance. These may, therefore, be briefly noticed from Civil Writ Jurisdiction Case No. 990 of 1986 (R). The petitioner therein is the proprietor of M/s. Jai Durga Industries --...
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S.H.S. Abidi, J.1. Appellants Shri Bhagwan Singh and Sudershan Singh have been convicted under Sections 302/34 and Section 148, IPC and sentence to undergo for life and two years rigorous imprisonment under the respective counts. They have been further convicted under Section 27, Arms Act and sentenced to undergo rigorous imprisonment for two years. Appellant-Bansudeo Singh had died during the pendency of the appeal and so his appeal has become infructuous. Two of the accused, namely, Bikrama Singh and Krishna Nandan Singh have already been acquitted by the trial court. So remains the appeal of appellants-Shri Bhagwan Singh and Sudersan Singh only.2. A fard-e-beyan (Ext. 1) was given by infornment-Krishnawati Kumari (PW 4) daughter of deceased Rajkeshwar Rai on U-4-1980 at 11.30 P.M. in village Ekwari, police-station Sahar, district Arrah to S. I. Ramesh Kumar Singh (PW 10) saying that on the day of occurrence at about 6 P.M. she along with her father deceased Rajekshwar Raiwas going ...
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Syed Haider Shoukat Abidi, J.1. Appellant, Samtul Dhobi has been convicted under Section 302 of the Indian Penal Code (for short 'the IPC') and has been awarded sentence of death while appellant, Sufchal Dhobi has also been convicted under Section 302, IPC and sentenced to undergo rigorous imprisonment for life. Both the appellants have also been convicted under Section 307 and 307/34 IPC but no sentence has been awarded. Hence, these Death Reference 3 of 1992 Criminal Appeal No. 230 of 1992 by both the appellants.2. A First Information Report (Ext. 4) was lodged by the informant Ramzan Mian on 2-5-1991 at 7.30 a. m. at Majhaulia Police Station in which it has been said by the informant (PW 9) that in the night of 2-5-1991 at about 8 p. m. while his daughter (Ambud Nisa, PW 11) aged about 14 years, was sleeping with his wife Sakina Khatoon aged about 45 years on the floor by spreading a mat infront of the door of his house and while his daughter-in-law (Saimul Nisa, PW 8) wife of Maoz...
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Chandramauli Kr. Prasad, J.1. Initially; the prayer of the petitioners in this writ application was to quash the communication dated 29-9-2003 (Annexure 4) whereby the Chancellor of the Universities had directed the Vice-Chancellor of the Bhim Rao Ambedkar Bihar University to withhold the declaration of the result of election to the Syndicate to be held in the meeting of the Senate on 25-9-2003. By way of amendment the prayer of the petitioners is to quash the order dated 8-112003 whereby the Chancellor had issued direction to the Vice-Chancellor of Bhim Rao Ambedkar Bihar University to announce the result of the election of the members of the Syndicate by excluding the votes of Dean of Students Welfare and Proctor.2. Shorn of unnecessary details facts giving rise to the present application are that the petitioners are teachers In the Department of Zoology in Bhim Rao Ambedkar Bihar University (hereinafter referred to as the University). A communique dated 5-9-2003 (Annexure 1) was is...
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Sachchidanand Jha, J.1. The dispute in these two writ petitions relates to payment of salary and the point for consideration is whether pending enquiry as to genuineness of the appointment salary can be stopped to the employees.2. The facts of CWJC No. 11516/2001 briefly stated are that the petitioner upon successful completion of her Auxiliary Nursing and Midwifery training course at Sitamarhi and registration with the Bihar Nurses Registration Council, was appointed as Auxiliary Nurse and Midwife (ANM) on 13.12.1982. The appointment was made by the Deputy Director Health Services (Family Welfare) from a panel in which name of the petitioner was at serial No. 184. She was placed at the disposal of the Civil Surgeon-cum-Chief Medical Officer, Sitamarhi and was posted at Primary Health Centre, Belsund. Later on 7.9.1990, on her representation on the ground of her husband's posting at Baniapur in the district of Saran, her service was placed at the disposal of Civil Surgeon-cum-Chief Me...
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