Patna Court August 1993 Judgments

Dehri Lime Co. (Pvt.) Ltd. Vs. State of Bihar and ors.

Court: Patna

Reported in: 1994(42)BLJR18

1. In terms of Order dated 9-4-1993, I proceed to dispose of this Civil revision application on merits which has been filed against part of an order dated 27-11-1992 passed (on the petition dated 17-9-1992 of Opposite Party No. 1 as contained in Annexure-7-A) by Shri Md. R. Hussain, Subordinate Judge III, Sasaram in Title Suit No. 74 of 1967 holding that the Civil Court has got no jurisdiction to try the suit.2. Relevant facts emerging from perusal of the revision petition, 8 Annexures attached to it, the impugned order and the submissions made at the Bar, are in a narrow compass The petitioner filed the suit in question for a declaration that it has got title over the new survey plots described in Schedule 'A' of the plaint and that the defendants have no title or concern with the same after rejection of its objection by the survery authorities asserting that it has cast a doubt on its title. In view of the amendments made in Section 109 of the Bihir Tenancy Act by an Ordinance passed...

Banshi Ram Modi Vs. the New India Assurance Co.

Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna

K.P. Sinha, Member: 1. This is a complaint filed by the complainant against the Divisional Manager, New India Assurance Company, Divisional Office, Nagmatia Road, Gaya. It has been alleged that the complainant had taken a Mediclaim Insurance Policy, bearing No. 4854060402847 which was valid from 23.10.90 to 22.10.91. The complainant had a heart problem detected on 19.5.91 and got Coronary Artery Bypass Surgery done at B.M. Birla Heart Research Centre, Calcutta. On completion of the treatment a claim for Rs. 1,42,993.00 was filed with the O.P. on 20.1.92 but the O.P. did not entertain the claim and hence the complaint has been filed before us. In the written statement filed by the O.P., it has been pointed out that the Bypass Surgery was done after the expiry of the Policy period i.e. on 13.11.91 (the Policy expired on 22.10.91). It has also been averred in the written statement that the complainant was suffering from diabetes for the last ten years which fact he did not disclose at th...

indrajeet Mishra Vs. State of Bihar and ors.

Court: Patna

Aftab Alam, J. 1. A Mukhiya has the right to preside over a meeting of the executive committee of the Gram Panchayat in terms of Rule 20 of the Bihar Conduct of Business of Panchayat Rules, 1960. He also has a second or casting vote (vide Rule 26) in case of equality of votes among the members Of the executive committee. Does a Mukhiya have the right to exercise the second or casting vote in favour of his son at a meeting of the Executive Committee for appointment to the post of the Chief Officer (Dalpati) of the village Volunteer Force? This is one of the questions failing for consideration in this application.2. The facts of this case can be summarised as follows: The petitioner claims that initially he was selected for appointment as Dalpati of Bhatma Neharwa Gram Pan-chayat by a resolution dated 15-2-1988 of the Executive Committee of the Gram Panchayat and his name was duly forwarded to the District Panchayat Officer, respondent No. 3 for his approval in terms of Rule 4 of the ...

Laxchami Prasad Agrawal Vs. State of Bihar

Court: Patna

Nagendra Rai, J.1. This application is being disposed of at the stage of admission itself. 2. The sole petitioner has filed the present application for quashing the order dated 21 -6-1993, passed by the 11th Additional Sessions Judge, Gaya, in Sessions Trial No. 18/93, 58/93 framing charges under Section 302 of the Indian Penal Code and Section 27 of the Arms Act against the petitioner and under Section 302/34, IPC against other accused persons.3. The facts necessary for disposal of the present application are that a fardbeyan was lodged by one Smt. Anjani Sharma at 3 p.m. on 6-7-92 with regard to an occurrence which took place near Bari Road, Marufganj Mor in the town of Gaya at 2 p.m. at the place of occurrence itself in which her Mama (maternal uncle) Ramswarath Sharma was alleged to have been murdered. The petitioner is alleged to have fired at her Mama which hit in the chest and as a result of which he died on the spot. The other accused persons were also standing there. On the b...

Nawadah Vidhi Maha Vidhyalaya, Nawadah and ors. Vs. State of Bihar and ...

Court: Patna

G.C. Bharuka, J. 1. This writ application has been filed by the petitioners for issuance of an appropriate writ and/or direction commanding the respondents to (i) grant affiliation to Nawadah Vidhi Maha Vidya-laya, Nawadah (hereinafter in short the 'Institution'), (ii) allow the students of the institution to appear at the ensuing L.L.B. Examination, (iii) publish the result of 1990 LL.B. Part 1, Part II and Part III examinations of the alleged students of the Institution and (iv) declare the transitory regulation dated 17-4-1993 (Annexure 9) as ultra vires the powers of the Chancellor and the Vice-chancellor. 2. Petitioner No. 1 claims to be an institution conducting Bachelor of Law (LL.B.) course at Nawadah. Nature of its constitution has not been disclosed in this writ application. It is claimed to have been established in 1988. According to the petitioners, applications were made for grant of affiliation to the respondent Magadh University, whereupon inspections were made. It is ...