Patna Court September 1993 Judgments
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Oriental Insurance Co. Ltd. Vs. MohiuddIn Kureshi Alias Md. Moya and o ...
Court: Patna
Decided on: Sep-21-1993
S.B. Sinha, J.1. This appeal has been referred by a learned single Judge of this court by order dated 20.8.1993 to a Division Bench, inter alia, for consideration of the following questions:(i) Whether an appeal is maintainable against an order passed by the Accidents Claims Tribunal under Section 140 of the Motor Vehicles Act, 1988;(ii) Whether the Tribunal can direct payment of interest while passing an order under Section 140 of the Motor Vehicles Act, 1988.2. In view of the pure questions of law involved in this appeal, it is not necessary to notice the fact of the matter in a great detail.3. It appears that respondent Nos. 1 to 6 filed an application in terms of Section 166 of the Motor Vehicles Act before the Judicial Commissioner, Ranchi, who has also been appointed as the Motor Accidents Claims Tribunal. By reason of the impugned order dated 4.4.1991, the learned Judicial Commissioner has directed the appellant to pay a sum of Rs. 25,000/- by way of an ad interim compensation ...
La-vision Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Sep-21-1993
S.B. Sinha and N. Roy, JJ.1. In this writ application, the petitioner has prayed for issuance of an appropriate writ for setting aside the certificate proceedings being Certificate case No. 30 (UB1) of 1992-93 as also the order dated 10-6-1993 whereby and whereunder the objections filed by the petitioner under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 (hereafter referred to as the said Act) was rejected the ground of being barred by limitation and the direction had been issued to pay 50% of admitted amount.2. The fact of the matter is not in dispute.3. The petitioner obtained loan from the respondent-Bank-Requistions. were sent by the said Bank before the Certificate Officer in Form No. 2 on 23-12-1992 against the petitioner and its partners wherein it was stated as follows:As the Certificate Dr. have neither fulfilled to keep agreed terms and conditions nor cleared the availed dues financial facilities, inspite written commitment, as such the requisition amo...
Trident Tubes Ltd. Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Sep-21-1993
S. B. Sinha, J.1. In this application thepetitioner has sought for issuance of a writ inthe nature of mandamus directing the respondents to implement the order of theSenior Electrical Inspector in the disputeraised by the petitioner in respect of a billissued by the respondent Bihar State Electricity Board treating the Low Tension Connection as a High Tension one and raising bill onthe basis of the tariff applicable to HighTension Supply of electrical energy from 23-12-1983.2. The petitioner runs a small scale industry for manufacturing H.D.P.E and P.V.C. pipes. The petitioner has applied for supply of 79 H.P. electrical energy which was sanctioned. The supply of electrical energy tothe petitioners units commenced from 24-12-1983.3. According to the petitioner, the installation in its factory have regularly been checked up by various officers of the Bihar State Electricity Board including the Exective Engineer and on all such occasions it was found that the petitioner has been using 7...
Dr. S.M. Naqui Imam, Dental College and Hospital Vs. Dental Council of ...
Court: Patna
Decided on: Sep-14-1993
S.N. Jha, J.1. This writ petition on behalf of Dr. S.M. Naqui Imam Dental College and Hospital Bahera, said to be a religious minority institution registered under the Societies Registration Act, was initially filed against the Dental Council of India (in short, 'Dental Council') and the Central Government for a direction commanding them to hold inspection and finalise the question of approval of the institution. In view of the stand taken by the Dental Council that the permission of the concerned State Government and the affiliating University is a pre-requisite condition of recognition by the Dental Council, the State Government was later impleaded as respondent.2. According to the petitioner, the institution sponsored by Rauf Muslim Jamia Society was established on 20-1-1989. Information to this effect was sent to the Dental Council with a request that necessary steps may be taken for recognition of the institution. The Dental Council vide letter dated 1-3-1989 informed the managem...
The Mata Gujri Memorial Medical College and Lions Sewa Kendra Hospital ...
Court: Patna
Decided on: Sep-10-1993
G.C. Bharuka, J. 1. The petitioner has filed the present writ application for quashing part of the notification dated 6-5-1993 issued by the Controller of Examination of the respondent B. N. Mandal University by which it has been directed that the 1st Part of M.B.B.S. Examination 1990-92 batch of the petitioner institution will be conducted after completion of the M.B.B.S. Part I examination of 1989-91 batch of Katihar Medical College, and for a further direction to hold examination of the students of petitioner institution as per the directions of the Chancellor along with the students of the said Katihar Medical College. 2. The petitioner institution is claimed to be a minority institution, which, on establishment took admission of 60 students on1st December, 1990. In the writ petition certain details have been given with regard to teaching and non-teaching staff employed in the institution as well as about the immove-able properties and other infrastructures held by the institutio...
Danmal Sharma and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-10-1993
S.B. Sinha and Narayan Roy, JJ.1. A question as to whether a public path can be blocked by putting up stalls by the respondents is the central theme in this application.2. The petitioners are residents of Giridih town. Some of them have their shops in their houses or have their house or shops alone. According to the petitioners small vegetable dealers on some occasions sit on the footpath on the road known as Bara Chowk Station Road. According to the petitioners, they have come to learn that local administration is going to construct pucca stalls on the road purported to under scheme known as NREP Scheme. Allegedly, the petitioners objected to constructions of such types of stalls on the footpath and have filed a representation on 19-12-1992 as contained in Annexure 1 to the writ application inter alia alleging therein that once the stalls are constructed their businesses shall be ruined. In paragraphs 11 and 12 of the writ application it has been stated as follows:Bara Chowk Station...
Oriental Fire and General Ins. Co. Ltd. Vs. Purushottam Goel and anr.
Court: Patna
Decided on: Sep-10-1993
R.N. Sahay, J. 1. This appeal is by the insurer against the judgment and award of the Additional Motor Accidents Claims Tribunal, Dhanbad, by which the respondent has been granted compensation to the tune of Rs. 90,000/- and the liability of the appellant has been determined to the extent of Rs. 75,000/- under Section 95 (2) of the Motor Vehicles Act. The balance amount has been directed to be paid by respondent No. 2, who had not appeared to contest the claim.2. Respondent No. 1, Purushottam Goel, is a self-employed in business and according to his case, he was earning Rs. 2,000/- per month from his grocery business. The claimant met with an accident on 29.7.1987 when he was going on a Trekker bearing registration No. BHG 1825 with his minor son. There were about 14-15 passengers in the Trekker. The Trekker was being driven by the driver at a very high speed and in spite of warning by the passengers, the driver paid no heed. When the Trekker reached Bhowtand near Kamdhenu Petrol Pu...
Rama Ranjan Prasad Singh Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Sep-09-1993
S.B. Sinha, J. 1. The petitioner in this application has prayed for issuance of a writ of certiorari for quashing the orders passed by the respondent No. 2 as contained in Memo No. C/470/ MFP/ MPS/91 dated 9-6-1992; a Memo bearing No. C/470/ MUZ dated 30-4-1992 and the consequential order dated 8-11-1992 passed by the respondent No. 5 as contained in Annexures 7, 8 and 9 respectively to the writ application. 2. The fact of the matter is not in dispute. 3. The petitioner's father (since deceased) was granted a vending licence for a period of three years. The said licence was further renewed for a period of three years. The original vendee died on 13-6-1982 and, thereafter, the licence was transferred in the name of his wife Pratap Kumari (mother of the petitioner) for the unexpired period. 4. The licence was further renewed in the name of Pratap Kumari for a period of eight years. The petitioner, thereafter, applied for transfer of the licence standing in his name as his mother Pratap...
Bihar Motion Picture Association and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-06-1993
Aftab Alam, J.1. A fee has been prescribed under Rule 25 of the Bihar Cinemas (Regulation) Rules, 1974 1974 for the inspection of a place licencsed for cinematograph exhibition by the Electrical Inspector. This rule quantifies the fee at Rs. 200/- for the first inspection and at Rs. 50/- for all subsequentw inspections. Fess for inspection by the Elecrical Inspector have also been fixed by the notification issued under Rule 7(2) of the Indian Electricity Rules, 1956. The current notification, dated Nov. 26, 1981 (published in the Bihar, Gazette of Nov. 30, 1981) puts Cinema Halls under scale 'C' and fixes the inspection fee at the uniform raste of Rs. 750/- doing away with the distinction of the first or subsequent inspections. The question that falls of consideration in this case is whether the petitioners are liable, to pay the inspection fee for Cinema Halls at the rates prescribed :under the Bihar Cinemas (Regulation) Rules, 1974 or as fixed by the notification issued under the In...
Ravi Kumar Lama Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-04-1993
S.B. Sinha, J.1. The petitioner, in this case, has asked for issuance of or in the nature of mandamus directing the respondents to appoint him as a Sepoy in the Bihar Military Police Service.2. The fact of the matter lies in a narrow compass. An advertisement was issued on 8-5-1993 inviting applications for appointment of 95 Sepoys. The last date for submitting the applications was 10-6-1993. The petitioner submitted his application on 10-6-1993 and he was directed to appear before the Selection Board. According to the petitioner, he has already been selected but he has not been appointed on the ground that he was not aged 19 years on 1-6-1993.3. Mr. Upendra Prasad, learned Counsel for the petitioner, drew our attention to Rule 661(b) and 663 of the Bihar Police Manual and submitted on the basis thereof that in terms of the said rules persons in between the age of 19-27 years are to be selected. Learned Counsel submitted that as on the date of selection of the petitioner, he crossed 1...
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