Court : Patna
..... position is, thus, settled that in view of the prohibition contained in section 104(2) of the code, appeal under clause 10 of the letters patent from the judgment of single judge given in an appeal filed under section 104(1) read with rule 1 of order xliii, of the code ..... the expression 'second appeal' includes an appeal under the letters patent, it would be impossible to hold that notwithstanding the express prohibition, an appeal under the letters patent from an order passed in appeal under sub-section (1) is competent.the supreme court, while holding as above, relied upon clause 37 whereby the letters patent, punjab, were made subject to the legislative power of the state ..... and, we do further ordain and declare that, all the provisions of these our letters patent are subject to the legislative powers of the governor-general in legislative council, and also of the governor-general in council under section 71 of the government of india act, 1915, and also of the ..... the supreme court has laid down that from a judgment of single judge passed in an appeal tiled under section 39(1) of the arbitration act, appeal under letters patent of the punjab high court is not maintainable because of express prohibition contained in section 39(2). ..... 104(2) of the code against filing any further appeal from an appellate judgment passed by the single judge, the appeal will lie from such judgment under clause 10 of the letters patent which governs and regulates the internal appeals within the high court. .....
Tag this Judgment!Court : Patna
..... principles enunciated by the apex court, i have to consider whether the right of further appeal under clause 10 of letters patent has been taken away by the legislature, either expressly or by necessary implication under the provision of section 30 of ..... 1965 sc 1442, the apex court was considering the maintainability of appeal under clause 10 of the letters patent (lahore) against the judgment passed by a single judge in appeal under section 39 of the delhi ..... any specific bar, according to the learned counsel then submitted that this court entertained the letters patent appeal arising out of a judgment of a learned single judge passed in appeal under section ..... while admitting the appeal the question of maintainability of the letters patent appeal under clause 10 of the letters patent of the patna high court against the judgment of a learned single judge passed in appeal under section 30 of the act was raised and has been ..... on going through the judgment i found that the question of maintainability of letters patent appeal was neither raised by the parties nor the learned judges have considered the same and ..... follows that, if the act had not taken away the letters patent appeal, an appeal shall certainly lie from the judgment of the ..... the apex court while interpreting clauses 10 and 11 of the letters patent considered its earlier decision and held as under:'the following legal position emerges from the said decision: a statute may give a right of appeal from an order of a tribunal or a .....
Tag this Judgment!Court : Patna
..... the writ application and issued direction against the present appellant to make payment of disability pension to the respondent (widow of the sepoy) from the date of discharge of the deceased sepoy, has filed this letters patent appeal under clause 10 of the letters patent of the patna high court.2. ..... the appellant-union of india being aggrieved by the said order and direction has come to this court in this letters patent appeal.6. .....
Tag this Judgment!Court : Patna
1. this is yet another glaring example how the functionaries of the government in higher echelon of the state have remained indifferent and insensitive towards the ply and misery of their subordinates working under them. since a long time this court has been noticing that in the matters of permission for medical treatment at specialized centers outside the state, persons close to the powers-that-be manage to get permission very easily and quickly. 2. it is the government employees at the lower level, specially of class-iii and class-iv, who do not get such permission at all or definitely do not get it in time to rush outside the state to avail the best medical treatment of the ailment diagnosed and when there is still time. invariably, case after case, this court has come across instances where the employees or their spouses were diagnosed some serious complicated ailment and have to rush to specialized centers outside the state without waiting for formal orders and permission on their application for the purpose. 3. however, when they return after treatment and submit their medical reimbursement bills, the same are invariably rejected in each case, taking recourse to the technicalities of the bihar medical attendance rules, 1947 of obtaining prior permission for availing such specialized treatment outside the state at centers known amongst the best in the country. in case of class-iii and class-iv employees this court has not found that the discretion of the authorities .....
Tag this Judgment!Court : Patna
..... 2882 of 1991, annexure-4, which observation was not set aside while cancelling the promotion of the petitioner under judgment dated 12.3.2001 passed in letters patent appeal nos. ..... 4, prakash choudhary as also by raghubansh kishore prasad sahi by filing letters patent appeal nos. .....
Tag this Judgment!Court : Patna
s.n. jha, j.1. these two writ petitions involving an identical dispute are disposed of by this common order. the dispute relates to reimbursement of medical expenses incurred by a government servant in connection with treatment outside the state.2. the facts of cwjc no. 2060/2003 are as follows. the petitioner is retired secretary (technical), central design organisation in the road construction department. while in service he underwent coronary artery bypass graft surgery in the escorts heart hospital new delhi on 21-9-2001. earlier he was examined by dr. r. k. agrawal of the indira gandhi institute of cardiology patna who advised him to go to all india institute of medical sciences (aiims) for further treatment. in view of his condition he could not take steps for examination by a medical board at patna and had to rush to delhi on 11-9-2001. it is relevant to mention here that on 16-10-2001 post-facto permission for specialised treatment from 11-9-2001 at delhi was granted. according to the petitioner on account of long queue of patients in the aiims he could not be admitted there and in the circumstances under medical advice for immediate surgery he was taken to the escorts heart hospital (escorts heart institute and research centre limited) on 13-9-2001 he underwent surgery on 21-9-2001, as stated above. on return from delhi he submitted bill for rs. 2,46,0847- for reimbursement of the medical expenses incurred by him in connection with the aforesaid treatment. the .....
Tag this Judgment!Court : Patna
..... this letters patent appeal arises from the order of a learned single judge of this court dismissing the writ petition of the appellant. 2. ..... against the said order of the learned single judge the appellant has filed this letters patent appeal. 5. .....
Tag this Judgment!Court : Patna
sudhir kumar katriar, j.1. this writ petition is directed against order no. 784(14), dated 17.4.2006 (annexure 12), issued under the signature of respondent no. 3 (joint director, health services, bihar, patna), whereby the petitioner's claim for reimbursement for his. heart surgery undergone at bm birla heart research centre, kolkata (hereinafter referred to as the centre'), has been rejected, inter alia, on the ground that he had undergone surgery at kolkata, instead of new delhi for which prior sanction had been accorded. the respondents have placed on record their counter affidavit and have supported the impugned action.2. the facts are not in dispute and lie in a narrow compass. the petitioner was in february 2001 posted as medical officer, primary health centre, shambhuganj., district banka. he suffered chest pain on 8.2.2001, had reported at indira gandhi institute of cardiology, patna medical college, on 14.2.2001, and was admitted. he had undergone coronary angiography test on 16.2.2001 (annexure 1). he was detected for triple vessel disease which needed by-pass surgery (cabg) urgently and was, therefore, referred to all india institute of medical sciences (aiims), new delhi, for surgery. he submitted his application dated 22.2.2001 (annexure 2), to respondent no. 2 (director in chief, health department, govt. of bihar, patna), for permission for treatment at aiims, new delhi. he reported in aiims on 21.3.01. he was asked to report for surgery after three months. .....
Tag this Judgment!Court : Patna
..... it has further been stated that patna high court being carved out from original calcutta high court which had the original jurisdiction and in construing the letters patent matter it had always been referred back to the original high court then this court must entertain a petition under section 40 of the act on the ground that its original court i.e. .....
Tag this Judgment!Court : Patna
..... the board preferred letters patent appeal (lpa no. .....
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