Patna Court October 1995 Judgments
Banju Devi and anr. Vs. Uttam Kumar Gadia and ors.
Court: Patna
Decided on: Oct-31-1995
Aftab Alam, J. 1. This appeal is directed against an order dated 16-11-1991 passed by the Motor Accidents Claims Tribunal, Godda in Title (Claim) Suit No. 11/1987. By the impugned order, the tribunal has rejected a claim made by the appellants under Section 110A of the Motor Vehicles Act, 1939, even before the case was taken up for trial, on the ground that in the claim petition there was no allegation of negligence on the part of the driver of the bus causing the fatal accident. 2. The claim for compensation arose from an accident in which one Ashwani Kumar Jha, the husband of appellant No. 1 was run over by a bus bearing registration No. BHJ 3877. The accident took place at Gorsanda Chowk between Godda and Pathargawan on 3-6-1987 at about 2.45 p.m. The husband of the appellant No. 1 died on the spot. 3. A claim application was filed under Section 1IOA of the Act on behalf of the widowed wife and the minor children of the deceased. The claim application, as required, was in the stat...
Tag this Judgment!Ranju Devi and anr. Vs. Uttam Kumar Gadia and ors.
Court: Patna
Decided on: Oct-31-1995
Aftab Alam, J.1. This appeal is directed against an order dated 16.11.1991 passed by the Motor Accident Claims Tribunal, Godda in Title (Claim) Suit No. 11/1987. By the impugned order, the Tribunal has rejected a claim made by the appellants under Section 110A of the Motor Vehicles Act, 1939, even before the case was taken up for trial, on the ground that in the claim petition there was no allegation of negligence on the part of the driver of the bus causing the fatal accident.2. The claim for compensation arose from an accident in which one Ashwani Kumar Jha, the husband of appellant No. 1 was run over by a bus bearing registration No. BHJ 3877. The accident took place at Gorsanda Chowk between Godda and Pathargawan on 3.6.1987 at about 2.45 p.m. The husband of the appellant No. 1 died on the spot.3. A claim application was filed under Section 110A of the Act on behalf of the widowed wife and the minor children of the deceased. The claim application, as required, was in the statutor...
Tag this Judgment!Rameshwar Thakur and ors. Vs. Neeraj Kumar Thakur and ors.
Court: Patna
Decided on: Oct-30-1995
S.N. Jha, J.1. This civil revision has been referred to Division Bench for decision on the point as to whether an order dismissing an appeal on account of limitation as being time-barred and not on merits is appealable. The significance of the point is that revision under Section 115 of the Code of Civil Procedure is maintainable only when appeal does not lie against the order. As the point involves a pure question of law, it is not necessary to set out the facts of the case. It may only be stated that the petitioners, who were plaintiffs in the court below, instituted title suit No. 3 of 1979 for declaration about a deed of gift as being null and void. The plaint was rejected in view of the provisions of Section 4(b) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, which bars suit after publication of notification regarding preparation of consolidation scheme under Section 3(1) of the Act. The petitioners challenged the order by way of revision, C.R. ...
Tag this Judgment!Bihar Danik Yatrisangh and Others Vs. Chief Operation Superintendent, ...
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Oct-19-1995
B.N. Sinha, President: 1. This complaint has been filed by Bihar Danik Yatri Sangh and Akhil Bhartiya Grahak Panchayat, Jehanbad Branch a recognised Consumer Association putting in the grievances of the commuters/passengers of Patna-Gaya Section of the Eastern Railway alleging negligence and deficiency in service on the part of Eastern Railway and its officers. The complainant has alleged that the opposite party is negligent in the maintenance of the facilities in the passenger rakes plying on the Patna-Gaya Section and therefore the complainants on 2.10.91 at 9.45 hours conducted an inspection (Sample Survey) of 2 P-G passenger train which is a commuter train plying on the P-G Section and is supposed to be better maintained. The conditions of the facilities in other trains according to the complainants are similar or even worse. On inspection the complainant found broadly speaking following defects and deficiencies : (i) No electric fan is operated when the trains are carrying the pa...
Tag this Judgment!Dharmendra Kumar Mishra Vs. Dr. Akhauri S. Sinha
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Oct-19-1995
B.N. Sinha, President: The complainant has filed this case alleging negligence on the part of Dr. Akhauri S. Sinha-cum/- Proprietor, Medico Lab (I.P.R.C.) Patna-the opposite party in holding the pathological test regarding the group of the blood of his wife and giving an incorrect report in respect thereof. 2. The facts of the case as put in by the complainant may be briefly stated. Mrs. Sadhna Mishra, wife of the complainant was pregnant and she was under the treatment of lady Dr. Jagdishwari Mishra who advised her for certain pathological tests including blood test for ascertaining the group of her blood and referred her to the opposite party. The complainant accordingly went to the pathological clinic of the opposite party and deposited a sum of Rs.125/- only on 4.12.92 for investigation regarding blood group + Rh type sigma and other investigations. The complainant demanded receipt in respect of the fees deposited by him which was refused by the opposite party. Consequently there w...
Tag this Judgment!Dr. Laxami Kant Chaurasia Alias Laxmi Kant Chaurasia and Vs. State of ...
Court: Patna
Decided on: Oct-17-1995
A.N. Chaturvedi, J.1. This appeal is directed against the judgment and order dated 20th September, 1994 passed by Shri Vyasdeo Mandal, 3rd Additional Sessions Judge, Madhepura in Sessions Trial No. 176 of 1986 whereby the learned Additional Sessions Judge has convicted appellant Laxami Kant Chaurasia. alias Dr. Laxami Kant Chaurasia for the offence under Section 314 of the Indian Penal Code and has sentenced him to undergo rigorous imprisonment for five years Accused-appellant Dr. Chaurasia has also been sentenced to pay a fine of Rs. 2,000/- and in default of payment of the same to undergo rigorous imprisonment for three months. Accused-appellant Karamlal Yadav has been convicted by the learned Additional Sessions Judge for the offences under Sections 376 and 314/109 of the Indian Penal Code. For the offence under Section 376, I.P.C. the said accused-appellant has been sentenced to undergo rigorous imprisonment for seven years. For the offence under Sections 314/109 I.P.C. he has bee...
Tag this Judgment!Md. Alim Alias Mohd. AlimuddIn and ors. Vs. Ramnagina Sah
Court: Patna
Decided on: Oct-16-1995
B.L. Yadav, J.1. This is a defendant's Second Appeal arising out of a suit for eviction of the defendants from the shop and for recovery of arrears of rent and in case the defendants-appellants did not vacate the shop in question within the time allowed by the Court, the same may be delivered to the plaintiff through the process of Court.2. The suit was filed with the averment that the defendants-appellants were holding front portion of the suit premises on a monthly rental of Rs. 35/-taken from Subhash Prasad, but on 20.1.1976 he purchase the land including the shop for a sum of Rs. 18,500/- and on 12.12.1976 the plaintiff redeemed the property from the mortgagee and paid Rs. 700/-. In this way he came landlord and the defendants are running a medicine shop in the name of Azad Medical Hall, but they failed to pay rent.3. The suit was contested by the defendant-appellants denying the plaint allegation, stating that the suit was not maintainable nor there was any cause of action and th...
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