Court : Patna
..... fixation of the valuation of the property it is submitted that the petitioner while accepting the offer made by the bicico for the very same amount on which it was offered to m/s patna rolling mills added a counter offer that all the properties taken in possession under the inventory prepared in 1996 be given to him which would mean that the petitioner was of the opinion that the price ..... to the petitioner because from the records it would appear that the notice dated 5.3.2002 was not served upon the petitioner and the possession of the property was given to m/s patna rolling mills on 16.3.2002 it is also submitted by him that in the second auction higher offers were received by the bicico and therefore the property could not be settled in favour of m/s patna ..... further gave liberty to the bicico that if the unit can fetch more money at auction sale then the bicico may negotiate with m/s patna rolling mills alone and not with others for such higher price and hence on such clause being incorporated in the order itself the writ petition was ..... it is not in dispute before us that the possession of the property was delivered to m/s patna rolling mills on 16.3.2002 but before finalising everything a further offer was made to the present appellant-petitioner that he may obtain the property on ..... that as the property before its settlement in favour of m/s patna rolling mills was not offered to the original promoter/petitioner/appellant, the action taken by the respondents was patently bad.4. .....
Tag this Judgment!Court : Patna
..... when as pointed out above, the words 'judgment' and 'decree' used in the code cannot form a safe basis to determine the definition of the word 'judgment' in the letters patent particularly when the letters patent particularly when the letters patent has deliberately dropped the word 'decree' from 'judgment'. we are, therefore, unable to hold mat view taken by the chief justice to hold that the view taken by the chief ..... 1scr187 the supreme court considered the full bench decision of the rangoon high court in in re dayahhai jiwandas's, ilr 13 rang 457, where the following observation were made:i am of opinion that in the letters patent of the high courts the word 'judgment' means and is a decree in a suit by which the right's of the parties at issues in the suit are determined.50. ..... reported in : [1982]1scr187 , strongly relied upon by the senior counsel for the respondent, the supreme court held:-although the letters patent is a special law certain provisions of the code of civil procedure in the matter of procedure do apply to appeals against the decision of a trial judge to ..... 1936 calcutta 688, a full bench of the calcutta high court held 'judgment in clause 15 letters patent means a decision which affects the merits of the question between the parties, by determining some right or liability; judgment n a land acquisition case is a judgment as mentioned in clause 15 letters patent and is appealable:'the calcutta high court followed the, decision of lahore high court the judgment of .....
Tag this Judgment!Court : Patna
..... specified in the fourth schedule to this act are hereby repealed, to the extent mentioned in the third column of that schedule : provided that this repeal shall not affect--(a) the validity of any law, charter, letters patent, order in council, warrant, proclaimation, notification, rule, resolution, order, regulation, direction or contract made, or form prescribed, or table settled, under any enactment hereby repealed and in force at the commencement of this act, or (b) the validity of any ..... any reference in any enactment, whether an act of parliament or made by any authority in british india, or in any rules, regulations or orders made under any such enactment, or in any letters patent or other document, to any enactment repealed by this act, shall for all purposes be constructed as references to this act, or to the corresponding provision thereof. ..... any reference in any enactment in force in india, whether an act or parliament or made by any authority in british india, or in any rules, regulations or orders made under any such enactment or in any letters patent or other document, to any indian legislative authority, shall for all purposes be construed as references to the corresponding authority constituted by this act.' 59. .....
Tag this Judgment!Court : Patna
..... at this stage, learned counsel appearing for the original writ petitioner, respondent herein, states at the bar that pursuant to the direction of the judgment of the learned single judge, which is under challenge in this letters patent appeal, the appellant state has, already passed an order modifying the earlier order of pension in consonance with the provision of bihar pension rules, 1950, it is, therefore, he has further submitted that since the said order ..... upon questioning the said decision of the learned single judge before the division bench by way of letters patent appeal by invocation of clause 10 of the letters patent, at the time of hearing the attention of the division bench was drawn to two decisions as referred to ..... (14) it is, also, borne out from the aforesaid factual profile that division bench decision dismissing the said letters patent appeal and approving and affirming the order of learned single judge was further challenged and questioned in the highest court of the land by filing a special leave petition (civil no ..... means that it is very clear that the proposition of law enunciated in the petition and later on came to be affirmed by the letters patent appeal court was not gone into by the hon'ble apex court in special leave petition.4. ..... is in these circumstances we have thought it expedient to deal with and decide this letters patent appeal in this reference finally.16. ..... the letters patent appeal shall stand dismissed with costs which is quantified at .....
Tag this Judgment!Court : Patna
s.k. katriar, j.1. heard mr. ganesh prasad for the petitioner, and mr. prabhat kumar singh, learned junior counsel to government advocate no. i for the respondents. the petitioner seeks a direction to the respondent authorities to reimburse the petitioner's claim for the treatment of his son (sonu kumar), undergone in sanjay gandhi post graduate institute of medical sciences, lucknow ('s.g.p.i.' for short'), k.g.s. medical college, lucknow, and all india institute of medical sciences, delhi (aiims, in short). the respondents have placed on record their counter affidavit and have, inter alia, submitted that the petitioner did not obtain prior permission for treatment of his son outside bihar and the claim is, therefore, inadmissible in view of the provisions of the bihar medical attendance rules.2. according to the writ petition, the petitioner's son aged nine years, in the year 1998, was suffering from neuro-surgical disorder and was ultimately diagnosed to be a case of left cerebellar arteriovenous malformation. the petitioner was then posted as a headmaster in government primary school, gopi bigha, chandi (nalanda). sonu kumar was treated by dr. arun kumar agrawal, associate professor of neurosurgery, pmch, in november 1998. in view of the gravity of the ailment, he referred him to sanjay gandhi p.g. institute of medical sciences, lucknow. the petitioner immediately proceeded to lucknow, and the child was admitted in the neurosurgery department of the said hospital on .....
Tag this Judgment!Court : Patna
sudhir kumar katriar, j.1. the two writ petitions raise a common question of medical reimbursement by the state of bihar. the petitioner of c.w.j.c. no. 3778 of 2006 is a serving employee, and the petitioner of c.w.j.c. no. 3781 of 2006 is the widow of a deceased employee. the respondents have placed on record their counter affidavits and have opposed the writ petitions. in view of variation of facts in the two writ petitions, i will dispose of the two one after the other by the present judgment.c.w.j.c. no. 3778 of 2006:2. i shall first take up c.w.j.c. no. 3778 of 2006. the facts are not in dispute. the petitioner was at the relevant point of time posted as statistical compiler, department of animal husbandry, begusarai. he suffered a massive heart attack in the first half of 2002, and was rushed to the cardio-thoracic & neuro sciences centre of all india institute of medical sciences, new delhi (hereinafter referred to as 'aiims'), on an emergency basis to save his life. angiography was done on him in aiims on 7.6.2002. a photo copy of the document showing angiography and the money receipt showing payment of rs. 4,000/- is marked annexure-1 to the writ petition. the petitioner had undergone coronary artery bypass grafting 28.8.2002, and is supported by the documentary evidence dated 3.10.2002 (annexure-2), including payment of the charges of rs. 75,000/-. photo copy of the voucher showing payment of a further sum of rs. 24,531.40p. to aiims is marked annexure-3. the .....
Tag this Judgment!Court : Patna
s.k. katriar, j.1. heard mr. basant kumar choudhary for the petitioner, and mr. mithilesh kumar mauar, learned junior counsel to government pleader no. xi. this writ petition has been preferred with the prayer to quash letter no. 369 (24), dated 4.2.2000 (annexure-1), issued by the government of bihar in the department of health, medical education and family welfare, whereby he has conveyed the decision of the finance department, refusing to reimburse the petitioner for the medical treatment undergone by him in delhi on the ground that prior permission for the same was not obtained. the respondents have placed on record their counter affidavit and have supported the impugned action.2. i have perused the materials on record and considered the submissions of learned counsel for the parties. the facts are not in dispute and may be briefly stated. the petitioner has had a history of heart problem and he was treated in escorts heart. institute and research centre, new delhi (hereinafter referred to as 'escorts'), during the period 5.7.1990 to 24.7.1990, an earlier period not really relevant in the present context. he was, at the relevant point of time, associate professor of orthopaedics in the medical college and hospital, muzaffarpur. there was a recurrence of his heart, problem in december 1996, and was admitted to the heart hospital private limited, patna, on 25.12.1996, in the care of dr. a.k. thakur, a well-known heart consultant of patna, and was discharged on 4.1.1997. a .....
Tag this Judgment!Court : Patna
..... it, therefore, held that the mistake sought to be rectified by the assistant controller was not an obvious, patent, glaring or plain mistake, and, therefore, the rectificatory order deserved to be set aside.5. ..... his order disclosed a patent mistake, a mistake apparent from the record, as the failure to pass an order by the assistant controller was occasioned by his failure to notice the mandatory provisions of the act and the rules. .....
Tag this Judgment!Court : Patna
..... bharat singh reported in 2002 (1) pljr 228 in which the division bench while hearing letters patent appeal upheld the decision of a single judge holding that when only the year of birth was mentioned in the service book the date of retirement would be end of the year in which he would complete the age of ..... in fact the judgment itself mentions that the division bench found the matter too petty and, therefore, did not allow the issue to be continued in letters patent appeal. .....
Tag this Judgment!Court : Patna
..... that is how the original defendants have now come up in this letters patent appeal assailing the validity and legality of the judgment and decree of the learned single judge.5. ..... therefore, we are left with no option but to dismiss this letters patent appeal while affirming the view and the ultimate conclusion r1ecorded by the learned single judge in the first appeal. ..... in this appeal, is as to whether the views and the ultimate conclusion reached by the learned single judge is, in any way, erroneous, unjustified or perverse, requiring our interference in exercise of the appellate powers under clause 10 of the letters patent of the patna high court rules.3. ..... we, therefore, dismiss this letters patent appeal with costs. ..... in this letters patent appeal, the challenge is against the judgment rendered in first appeal no. .....
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