Patna Court November 1994 Judgments
Bulak Sao Vs. Ram Nath Prasad and anr.
Court: Patna
Decided on: Nov-29-1994
S.K. Chattopadhyaya, J.1. The appellant, who is the father of the deceased, has moved this court being aggrieved by the judgment and award passed by the Additional Claims Tribunal, Hazaribagh, in Misc. Case No. 7 of 1988.2. Tribhuwan Sao, the deceased at the relevant time, was a khalasi (cleaner) of Jonga jeep bearing registration No. BRO 2455. The Jonga jeep met with an accident while going towards Barhi side with a truck bearing registration No. BHM 9545. Due to impact of the accident Tribhuwan Sao fell down on the road and was crushed under the wheel of the truck, as a result of which he died on the spot.3. In the claim petition it was alleged that the said accident occurred due to excessive and sudden speed of the said truck bearing registration No. BHM 9545. The income of the deceased was said to be Rs. 1,000/- per month from his service. The claimant and his family were dependent on the earnings of the deceased and at the time of death the deceased was aged about 18-19 years.4....
Tag this Judgment!Mukho Mandal and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-29-1994
1. Heard learned Counsel for the petitioners as also learned Counsel for the respondents.2. Through this writ petition, the petitioners, who stand convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and are undergoing sentence of imprisonment for life, have sought the following reliefs :(a) To issue a writ in the nature of Mandamus directing the respondents to release the petitioners forthwith;(b) To issue a writ in the nature of Habeas corpus directing the respondents to release the petitioners forthwith on personal bond or on bail.3. learned Counsel for the petitioners has strongly argued, on the basis of the decision of the Apex Court in the well known decision reported in : 1980CriLJ1440 (Maru Ram v. Union of India), that since these petitioners have already completed 14 years imprisonment including remission which is permissible in view of the provisions contained in Bihar Jail Manual Rule 710 read with Rule 527 which are Annexures...
Tag this Judgment!Ramasheesh Singh Vs. National Insurance Company Ltd.
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Nov-29-1994
B.N. Sinha, President: 1. The complainant has filed this case claiming Rs. 1,22,319/- as his insurance claim alongwith 18% interest per annum thereon and Rs. 21,000/- as compensation for the loss which he claims to have sustained due to non-settlement of his insurance claim by the opposite party-Insurance Company. 2. The facts of the case as put forth by the complainant may be briefly stated. The complainant is the owner of a Bus bearing No. 4395 which was insured by the opposite party-Insurance Company for Rs. 2,80,000/- for the period from 29.10.91 to 28.10.92. On 8.12.91 the bus met with an accident for which information was lodged at the Police Station and he also filed his claim before the Insurance Company claiming Rs. 1,22,319/-. But the Insurance Company has failed to settle his claim and therefore he had no way out but to file this case before this Commission. 3. On being noticed the opposite party appeared and filed written version stating inter-alia that the complainant info...
Tag this Judgment!Dr. Abha Prasad @ Abha Sharma Vs. Bimal Kishore Prasad
Court: Patna
Decided on: Nov-28-1994
S.K. Chattopadhyaya, J. 1. The petitioner is the wife of the Opp. Party. Being aggrieved by the order dated 22.4.1994 passed by the Second Additional District Judge, Chaibasa in Matrimonial Suit No. 10/92 the petitioner has moved this Court.2. The Opp. Party-husband filed the aforesaid suit against the petitioner mainly for a decree of divorce and other consequential reliefs. The petitioner appeared after being noticed and filed an application under Section 24 of the Hindu Marriage Act (hereinafter referred to as the Act). In the petition she has categorically stated that she has no independent source of income for her support and necessary expenses of the proceeding. She has also admitted in her petition that though she made best efforts, but she could not find any employment or any place to practice with the result that she is not in a position to maintain herself.3. On the other hand, it is stated that the husband-Opp. Party is an employee in the Civil Court at Chaibasa having inco...
Tag this Judgment!Uttam Chand JaIn Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-25-1994
Ashok Kumar Ganguly, J. 1. In this writ petition, the challenge initially was directed against the withholding of the increment of pay of the petitioner and also against the treatment meted out to him by respondent No. 1 by not treating him in regular service. Subsequently, when the writ petition was pending, an order dated March 2, 1994 was passed by the respondent No. 5 as Managing Director of the Bihar State Pharmaceutical & Chemical Development Corporation Limited (hereinafter referred to as the B.S.RC.D.C) and Chairman-cum-Managing Director of Bihar Insecticides Limited (hereinafter called B.I.L.) whereby it was alleged that the contract service of the petitioner shall be deemed to have come to an end with effect from the forenoon of January 25, 1994. The said order dated March 2, 1994 virtually amounts to dismissal of the petitioner from service with retrospective effect. The legality of the said order was also challenged in the writ petition by amending it and the said amendme...
Tag this Judgment!Dhokal Mahto and anr. Vs. Sarkhil Mahto Alias SurakhIn Mahto and ors.
Court: Patna
Decided on: Nov-25-1994
S.K. Chattopadhayaya, J.1. Plaintiffs are the appellants who filed title Suit No. 126/80 of 1968-84 for declaration of their occupancy right over an area of 32 decimals of land under plot No. 352 under R.S. Khata No. 3 of village Tewaridih. The suit was decreed on contest. The defendants filed Title Appeal No. 56/84 against the said judgment and decree. The defendants raised a point before the learned court below that the trial court marked Sada Hukumnama as Ext. 1 and taking the same into evidence, decreed the suit. Argument was advanced before the lower appellate court that instead of admitting the Sada Hukumnama into evidence, the trial court should have impounded the said document and only after payment of sufficient penalty the said document could have been taken into evidence as because this was not done by the trial court, the defendants-respondents raised objection before the lower appellate Court. It appears that the learned lower appellate court, on the basis of the submissi...
Tag this Judgment!Om Prakash Prasad Vs. National Insurance Company Ltd.
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Nov-24-1994
B.N. Sinha, President: 1. This appeal has been filed by the complainant who is appellant here against the order dated 18th of December, 1992 passed by the District Forum, Sitamarhi dismissing the Case No. 43 of 92 filed by the complainant against the opposite party who is respondent here. 2. For the disposal of this appeal the facts of the case may be noticed with utmost brevity. The complainant filed a case before the District Forum alleging that he got his Motor Cycle bearing Registration No. BPK 903 insured by the National Insurance Company Limited, Sitamarhi Branch of which the opposite party is the Branch Manager; that the said Motor Cycle, however, met with an accident on 15.11.91 causing extensive damage for which he filed his claim before the Insurance Company-opposite party on 18th November, 1991; that in spite of repeated reminders the opposite party did not settle the claim of the complainant and in the meantime the complainant got his motor cycle repaired incurring heavy co...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Turki Hi Alias Kui and anr.
Court: Patna
Decided on: Nov-23-1994
S.K. Chattopadhayaya, J.1. This appeal is at the instance of the New India Assurance Co. Ltd. which is directed against the order dated 6.9.1991 passed by the IInd Addl. District Judge-cum-Accidents Claims Tribunal, Chaibasa, in Misc. Compensation Case No. 37 of 1984 by reason of which the Tribunal directed the assurance company to pay a sum of Rs. 15.000/- as interim compensation to the respondent No. 1, Turki Hi, widow of late Kundia Purty.2. The facts of this case lie in a narrow compass. Respondent No. 1 filed a claim petition before the Tribunal stating, inter alia, that her husband, Kundia Purty, boarded truck No. BRS 2851 at 4 p.m. on 29.5.1984 for returning home at Chaibasa from Lagra Bajar. On the way, the truck turned upside down due to rash and negligent driving of the truck driver as a result of which the husband of respondent No. 1 died and others sustained injury. Prayer was made before the Tribunal for payment of ad interim compensation under Section 92-A of the Motor ...
Tag this Judgment!Indian Builders Vs. Commissioner of Income-tax and ors.
Court: Patna
Decided on: Nov-18-1994
R.N. Sahay, J. 1. The petitioner is a registered firm and is an assessee under the Income-tax Act. The petitioner submitted returns for the assessment year 1990-91 declaring a total income of Rs. 95,760. On January 17, 1992, they filed a revised return showing an income of Rs. 3,50,660. 2. The Deputy Commissioner of Income-tax, vide annexure 1, made assessment of the income taking into consideration both the returns and fixed the net profit at 10 per cent. of the gross receipts amounting to Rs. 14,30,550 without giving the necessary depreciation rebate which was being given every year. The petitioner filed an appeal before the Commissioner of Income-tax (Appeals) challenging the aforesaid order. The appeal was dismissed on June 29, 1992. The petitioner then preferred an appeal before the Income-tax Appellate Tribunal and that appeal was pending before the Tribunal. A complaint was filed against the petitioner for prosecution for having committed offences under Sections 276C and 277 ...
Tag this Judgment!Bindesh Kumar Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-18-1994
S.N. Jha, J.1. These three writ petitions arising out of a common proceeding under the Bihar Public Demands Recovery Act, 1914 ('the Public Demands Act' in short) have been heard together and are disposed of by this common order.2. The petitioners have challenged the maintainability of the impugned proceeding which has been levied for recovery of sum of Rs. 1,17,17,903 said to be due to Shri Ram Nagari Sahkari Grih Nirman Samiti Ltd. ('the Society' in short). They also seek quashing of the order passed in the said proceeding directing recovery of the dues from their assets by auction sale. The petitioner in C.W.J.C. No. 9328 of 1993 Bindesh Kumar Singh is an Advocate by profession. He, however, figures as certificate-debtor not as an advocate or legal Advisor to the Society, as claimed by him, rather as the person who executed the sale deeds in favour of the members on behalf of the Secretary of the Society, received the consideration money but allegedly misappropriated the same. The ...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »