Patna Court July 1993 Judgments
Dumraon Textiles Limited Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Jul-30-1993
S.B. Sinha, J. 1. In this application, the petitioner which is a company incorporated under the Indian Companies Act, 1956 question the bills raised by the Bihar State Electricity Board (hereinafter referred to as 'the Board') during the period March, 1992 to June, 1992. 2. The fact of the matter is not in dispute. The petitioner is a consumer of High Tensionelectrical energy having contract demand of 1275 K.V.A. of electrical energy in terms of an agreement dated 23-5-1979 as contained in Annexure 1 to the writ application. The Board installed a Trivector meter wherefor the petitioner has to pay rent. The transformer however was installed by the petitioner. According to the petitioner owing to highly unstable and erratic main supply voltage the current transfarmer and potential transformer (C.T.P.T.) of the Board's trivector meter was burnt on 9-5-1990. As the meter was burnt, the petitioner was billed on the basis of 4.03.528 units per month which was said to be the average unit c...
Tag this Judgment!Mahamad Iqbal Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-30-1993
S.B. Sinha, J.1. In this application the petitioner has prayed for the following reliefs :(a) For a direction to respondent No. 2, 3, 4 and 5 for making correction in the bills for the month of January, 1992 and afterwards.(b) For direction to respondent No. 4 for restoring the connection No. A/C No. 9-17606019/62339 and A/C No. 9-17606920/62338.(c) For any other relief or reliefs which the petitioner is entitled for.2. The petitioner is a owner of a workshop having one leath machine with weilding. The firm is situated at new market, Patna. It has got two connections from Bihar Electricity Board-one for supply of electrical energy of 220 volt and the other is of 440 volt. The said connections were obtained on 22-8-1973 and 23-1-1976 respectively. The petitioner purchased the premises in question on 24-1-1978. In the year 1988 he applied for supply of electrical energy of 1 H.P. for running the leath machine which was granted. On 10-8-1992 both the electrical connection of the petition...
Tag this Judgment!Balbhadra Singh Alias Balbhadra NaraIn Singh Vs. Munaka Devi and ors.
Court: Patna
Decided on: Jul-30-1993
S.N. Jha, J.1. The petitioner, caveator-opposite-party in the court below, challenged the jurisdiction of the Additional District Judge in seisin of the proceeding to grant probate of a will in a proceeding under the Indian Succession Act, 1925 (the Succession Act' in short). The objection having been rejected he has come to this Court in revision.2. It is contended by the petitioner that by reason of the provisions contained in the Act, only the District Judge is competent to grant probate or letters of administration in contentious proceeding. Court other than that of the District Judge have jurisdiction only if the grant is not contested. The question for consideration is whether the District Judge alone is competent to grant probate of letters of administration in contentious proceedings.3. The provisions referred to by Mr. Balbhadra Singh, an Advocate of this Court appearing in person, in support of his contention are contained in Sections 2(bb), 264, 265, 286 of the Succession A...
Tag this Judgment!The Premier Automobiles Ltd. and Another. Vs. Kamla Prasad Singh.
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Jul-30-1993
B.N. Sinha, President: 1. This appeal as well as Appeal No. 219 of 1992 arise out of a common order and therefore they have been heard together and they are being disposed of by a common order. 2. These two appeals are directed against order dated 26.9.92 passed by the District Forum, Patna in Complainant Case No. 198 of 1992 in which the appellant in these two appeals were the opposite party and the respondent of these two appeals who is the same person was complainant before the District Forum. 3. For the disposal of this appeal the facts of the case may be briefly stated. The complainant booked order for a Premier Padmini Car (Delux) on 8.7.91 with the Auto Distributors- O.P. No. 1 who happens to be an authorised dealer of that car at Patna and paid Rs. 1,47,540.84 through two Bank Drafts which were received by one Sri Naveen Kumar Jain who happens to be an employee, of O.P. No. 1 and a receipt in respect thereof was issued to the complainant. On 19.7.91 on a telephone talk to O.P. ...
Tag this Judgment!Balram Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-29-1993
S.B. Sinha and R.N. Prasad, JJ.1. The petitioner in this application has questioned the authority of the District Magistrate, Gopalganj and the Deputy Development Commissioner, Gopalganj in issuing the letter dated 5-2-1993 and 14-4-1993 as contained in Annexures-3 and 4 to the writ application respectively.2. The petitioner is said to be the mukhia of Jhingna Gram Panchyat. The Scheme under the Jawahar Rojgar Yojana was framed by the Central Government and Executive instructions have been issued with regard to the manner in which schemes thereunder have to be executed. In terms of the said policy decision, the mukhia along with Panchyat Sevak can issue cheques to the agent appointed for the implementation of the Scheme in question.3. Allegedly, a Panchyat Bhawan was built on plot No. 757 situated at village Badarzimi or Mirganj Block which was later on collapsed. A notification was later on issued extending the territorial jurisdiction of Mirganj notified area Committee to the land o...
Tag this Judgment!Mohd. Karim UddIn and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-29-1993
S.B. Sinha and R.N. Prasad, JJ.1. This application is directed against an order dated 3-8-1991 issued by the Collector, Begusarai (respondent No. 3) whereby the B.D.O., Matihari (respondent No. 3) has been directed to conduct the work of Jawahar Rojgar Yogna of Mahandrapur and Bagdob Gram Panchayat and the account of the concerned Gram Panchayat was directed to be operated under the joint signature of respondent No. 5 and the Panchayat sewak of the concerned Gram Panchayat. It has further been prayed that a writ of or in the nature of mandamus be issued directing the respondent No. 3 to implement the Gazette notification dated 25-1-1991 with a further direction to respondent No. 2 to take steps for bifurcation of the Gram Panchayat, namely Gorgama.2. The facts of the matter are as follows ;The petitioners were the residents of Mhendrapur Gram Panchayat. The said Gram Panchayat was constituted under Section 3 (1) of Panchayat Raj Act by a notification dated 13-9-1960. In the year 1979...
Tag this Judgment!L.N. Mishra Institute of Pharmacy Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-29-1993
G.C. Bharuka, J. 1. The petitioner, L. N. Mishra Institute of Pharmacy,Dhanbad, (hereinafter to be referred to as the 'Institute' only) claiming to be conducting Diploma Courses in Pharmacy (hereinafter to be referred to as 'D. Pharma.' only) has filed the present writ application for a writ of mandamus directing the respondent -- Controller of Examination (hereinafter the 'Controller' only), Health Department, Government of Bihar, to permit its students to sit at the ensuing D. Pharma. examination to be held by him. 2. According to the petitioner institute, the State Government under its letter dated 18-11-1988 as contained in Annexure '1' addressed to the Pharmacy Council of India (hereinafter the 'Central Council' only) has communicated that the Government has taken a decision to allow the students of the institute to appear at the D. Pharma. examination from 1986 session and, therefore, necessary action in this regard may be taken. But the Central Council did not take any step in...
Tag this Judgment!North East Fertilisers Pvt. Ltd. and anr. Vs. Bihar State Electricity ...
Court: Patna
Decided on: Jul-29-1993
1. The petitioners in this application have prayed for quashing a letter dated 2-12-1991 as contained in Annexure 8 to the writ application, whereby and whereunder respondent No. 5 directed the petitioners to clear off all arrears of bills of the ex-owner for providing a new connection to him as also for issuance of a writ of or in the nature of Mandamus directing the respondents to supply electrical energy to the premises of the petitioners. 2. The fact of the matter lies in a very narrow compass. 3. An Advertisement was issued in daily newspaper 'Hindustan Times' that Bihar State Credit and Investment Corporation intends to put the lands, building, plant and machineries of M/s. S. R. Fertilizer and Chemical Pvt. Ltd. Bela Industrial Area, Muzaffarpur on auction and invited tenders from the persons who intended to buy the same. Pursuant to the said advertisement, the petitioner No. 2 submitted his tender and his offer of about Rs. 8,00000/- (eight lacs) having been found to be the h...
Tag this Judgment!National Insurance Co. Ltd. Vs. Ashok Kumar Singh and anr.
Court: Patna
Decided on: Jul-28-1993
B.C. Basak, C.J.1. This is a Letters Patent Appeal filed by the National Insurance Co. Ltd. one of the four General Insurance Companies under General Insurance Corporation of India. This appeal has arisen from the Miscellaneous Appeal and Civil Review Application. The judgment disposing the Miscellaneous Appeal by the Insurance Company, the appellant before us, was passed on 4th June, 1992 and this Letters Patent Appeal was sought to be filed on 14th January, 1993. In the Letters Patent Appeal the explanations are sought to be given as follows:That it is stated that in the instant case no extra premium was paid by the insured for covering the risk of passenger to the extent of unlimited liability or to the extent of more than die amount as is necessary to meet the requirements of the Motor Vehicles Act, 1939, which is Rs. 15,000/- in case of death or bodily injury to the passenger as provided under Section 95(2)(b)(ii) of the Motor Vehicles Act, 1939.That it is further stated that th...
Tag this Judgment!Choudhary Azizul Hassan and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-24-1993
S.B. Sinha, J.1. This application is directed against an order dated 18-2-1993 passed by respondent No. 2 whereby and whereunder he purported to have set aside the orders dated 1-3-1984 and 25-7-1991 passed by the Additional Collector (Celling), Katihar and notice dated 22-3-1993 issued by the said respondent directing the petitioner to show cause as to why a proceeding under Section 18 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Lauds) Act, 1961 (hereinafter to as the said Act), be not initiated as contained in Annexures 1 and 2, respectively.2. The fact of the matter is not much in dispute. A proceeding under the said Act was initiated against the landholder who was the father of the petitioners, A draft statement was issued under Section 10 (2) of the Act showing that the landholder had been 264.61 acres of land. An objection was filed by the landholder in terms of Section 10 (3) of the Act which was disposed of by an order dated 27-2-1976 as it ...
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