Patna Court December 1995 Judgments
Project Officer, Sounda D. Colliery of Central Coal Fields Ltd. and an ...
Court: Patna
Decided on: Dec-20-1995
R.N. Sahay, J. 1. The wife of the deceased-workman late Dahari Koiri filed a claim application alleging that her husband met with an accident when he was on duty on March 10, 1989. He died on May 26, 1989 by accident arising out of and in course of his employment. The deceased was aged 45 years and was drawing Rs.2,500/- per month. Immediately after he was injured he was taken for treatment in the C.C.L. Hospital. Register of minor accident reveals that the workman had superficial abrasion round left keen joint. He was prescribed 'belergon' on March 16, 1989 but his pain subsisted. He was given an injection. Doctor diagnosed his case to be 'dispepsia'. He had also breathing problem. Later it was suspected that the deceased was suffering from chronic renal failure on the basis of report dated April 29, 1989 the clinical diagnosis was polycistic kidney and malignant cell'. The workman died on May 6, 1989. The cause of death, according to the death certificate was 'trauma'(L) Kidney Po...
Tag this Judgment!Abdul Shakur and anr. and Rajeshwar Prasad Munshi Vs. State of Bihar a ...
Court: Patna
Decided on: Dec-20-1995
S.N. Jha, J. 1. The petitioners in these two writ petitions are aggrieved by the constitution of Jamsoti and Chalkusa Gram Panchayat in the district of Hazaribagh and Daludih Maheshpur Gram Panchayat in the district of Dhanbad respectively. The ground urged is that in terms of the proviso to Section 11 of the Bihar Panchayat Raj Act, 1993, it is mandatory for the District Magistrate to consult the Panchayats concerned before effecting any change in the geographical limits of the existing Panchayat formed under the Bihar Panchayat Raj Act, 1947, which continues to be legal entity under Section 157 (f) of the 1993 Act till the first sitting of the Panchayat under the new Act. The Crux of the dispute involved inclusion, exclusion of certain villages or bifurcation of the existing Panchayat. Counsel for the parties in course of hearing also referred to the factual aspects. In support of the contention that consultation with the Panchayat concerned is mandatory, reliance was placed on the...
Tag this Judgment!Sawna Lakra Vs. Duti Pahan and ors.
Court: Patna
Decided on: Dec-20-1995
R.N. Sahay, J.1. This order deals with the petition filed by the returned candidate respondent No. 1 of the election petition for dismissing the election petition in limeline for non-compliance of the provision contained in Section 86(1) of the Representation of Peoples Act, 1951. According to the respondent the election petition deserves to be rejected at its threshold on account of following defects of substantial character:(A) Divergence between the contents in the original election petition and the copies supplied to the answering respondent.(B) Non-disclosure of material facts and cause of action.(C) Non-attestation by the election petitioner in the original copy of the petition supplied to respondent No. 1.(D) Non-Joinder of necessary parties.(E) Absence of stamped endorsement of Notary, advocate and Oath Commissioner in the copy supplied to the petitioner.2. Shri R.K. Prasad, learned Counsel for the returned candidate relying on decisions of the Hon'ble Supreme Court, Allahabad...
Tag this Judgment!Muneshwari Devi @ Muneshwar Devi Vs. Fatima Begum and anr.
Court: Patna
Decided on: Dec-18-1995
Gurusharn Sharma, J.1. The petitioner filed claim application under the provisions of the Motor Vehicles Act for compensation on account of death of her son in an accident against the owner as well as the insurer of the vehicle involved therein.2. After examination of DW 1, on 17.12.1993, the petitioner filed a petition for direction to the insurance company (defendant No. 2) to produce papers relating to payment of the amount of compensation to the owner of the Bus towards repairs on account of the accident in question. Neither any rejoinder thereto was filed. nor any-body objected to the said prayer of the petitioner. According to the petitioner, those papers were required to falsify the statement of DW1. By the impugned order dated 21.12.1993, the petitioner's prayer has been rejected. The learned Additional District Judge observed that the plaintiff's prayer for giving direction to the defendant No. 2 for filing relevant papers of claim application cannot be allowed, because it wa...
Tag this Judgment!No. Ic 2789 Op Col. Ranjit Kumar Sarmah Vs. Union of India (Uoi) and o ...
Court: Patna
Decided on: Dec-18-1995
P.K. Sarin, J.1. By this petition under Article 226 of the Constitution of India the petitioner prays for issuing a writ restraining the respondents from proceeding with the Court Martial proceedings against the petitioner. By amendment petition it has been further prayed that the order dated 9th. December, 1995 remanding the petitioner for trial by Court Martial on a charge (Annexure 6) be also quashed.2. The petitioner holds the rank of Colonel under the Indian Army. He has been ordered to face trial by Court Martial in respect of a civil offence regarding an incident which took place in the intervening night of 17-18th November, 1994 at Ranchi. Allegations are that on that date and time the petitioner used criminal force to out-rage the modesty of the wife of Major Rahul Dev which amounts to an offence under Section 354 of the Indian Penal Code. According to the petitioner Major Rahul Deu had lodged a complaint regarding the said incident with respondent No. 2, the General Officer ...
Tag this Judgment!Dani Jha Vs. Bishwanath Thakur Alias Bachol Thakur and ors.
Court: Patna
Decided on: Dec-15-1995
B.L. Yadav, J.1. Whether the averment and proof under Section 16(c) of the Specific Relief Act, 1963 (Compendiously the Act) is to be proved by the plaintiff against the subsequent purchaser when the executant of the agreement for sale did not contest the suit is the substantial questions of law involved in this plaintiff's second appeal in a suit for specific performance of contract in respect of the suit land on the basis of Mahadanama (agreement for sale) dated 19th April, 1980 executed by defendant No. 1in respect of 3 decimals of land appertaining to Cadestral Survey Plot No. 1602 and Revisional Survey Plot No. 3413 situate at Mouza Rasalpur, Police Station Dumra-Sitamarhi.2. Chronology of events leading to the surfacing of dispute may be briefly noticed. The plaintiff-appellant filed a suit with the averments that Smt. Anmolia Ojhain, aunt of the plaintiff, executed a deed of gift in favour of defendant Nos. 1 and 2, who are full brothers and defendant No. l was the Karta of Joi...
Tag this Judgment!Rajpal Prasad Vs. Damodar Valley Corporation and ors.
Court: Patna
Decided on: Dec-15-1995
Gurusharan Sharma, J.1. The plaintiff-petitioner filed Title Suit No. 30 of 1991 before the Munsif, Bermo at Tenughat for his employment as against Group 'c' post under the defendant Nos. 1 to 3 in terms of Annexure 1 to the plaint and for annulment of the appointment of defendant No. 4 as being wholly arbitrary, unauthorised, illegal and ultravires. According to the plaintiff, lands belonging to his grand father was acquired for the Damodar Valley Corporation. The Corporation published a circular containing a scheme to provide employment to Group 'c' posts to the displaced persons. The plaintiff was entitled to employment, but defendant No. 4 obtained employment on the basis of false statements, declaration etc.2. Inspite of service of summons the defendant Nos. 1 to 3 neither appeared in the suit, nor filed any written statement. However, defendant No. 4 appeared and filed written statement. According to defendant No. 4, one Khaitu Patwa was his uncle and since the family was joint ...
Tag this Judgment!Alcast Engineering Pvt. Ltd. Vs. Bihar State Electricity Board and ors ...
Court: Patna
Decided on: Dec-15-1995
P.K. Deb, J.1. The grievance of the petitioner, as is revealed from the contents of the writ petition, is that the B.S.E.B. was raising bills against the petitioner from the period 1991 on the basis of the alleged inspection to the effect that the petitioner had increased his load from 75 HP to 134 H.P. The petitioner came to this Court on previous occasion also with the same allegation, the petitioner filed C.W.J.C. No. 2050 of 1991 (R) which was disposed of on 13.11.91 directing the petitioner to file a representation before the appropriate authority together with all the documents and the respondents No. 3 in that writ petition was asked, to dispose of the representation after giving a hearing to the petitioner and the electric connection of the petitioner was asked not be disconnected, if the petitioner deposits a sum of Rs. 10,000/-, the order of the Division Bench is contained in Annexure-6. Then the petitioner's contention is that the representation of the petitioner was not di...
Tag this Judgment!Uday Kant Jha and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-14-1995
Prasun Kumar Deb, J.1. Several petitioners in this case filed this writ application when they were denied of their right of getting first and second time bound promotions as recommended by the revision of Pay Committee.2. The petitioners are Assistants serving under respondents Nos. 2 and 3 under State of Bihar. Previously there were two grades such as Lower Division Assistant and Upper Division Assistant, but afterwards by notification of the State of Bihar, both the categories have been amalgamated and is termed as 'Assistant' only. According to the petitioners, they are entitled for time bound promotion, but they were denied so. Some such persons on the same footing had moved before this 'Court in C.W.J.C. No. 42 of 1989 (R). The Assistants were denied of promotion as they could not pass Accounts Examination in terms of Rule 153(3)(J) of the Bihar Beard's Miscellaneous Rule, 1958 By a judgment of Single Bench of this Court, the said Rule was struck down and it was held that passing...
Tag this Judgment!Dwarika Prasad Saboo Vs. Mathura Prasad Sahu
Court: Patna
Decided on: Dec-14-1995
S.N. Jha, J. 1. This appeal by the defendant-tenant against judgment and decree of reversal arises out of a suit for eviction.2. The plaintiff-landlord instituted Title Suit No. 41 of 1982 in the court of Munsif at Gumal for eviction of the defendant on the ground of default in payment of rent and personal necessity. His case shortly stated is that the defendant is a monthly tenant in a portion of the house at a rental of Rs. 45/-per month payable in the following month according to Samvat calendar. He stopped paying rent from the month of Push 2036 making himself liable to eviction. The plaintiff also set up a case of personal necessity. According to him, the size of the family over the years had grown, the expenses had increased and he wanted to start a grocery business to augment his income and. therefore, needed the premises for his own use and occupation. The plaintiff also prayed for decree for a sum of Rs. 1,485/- as arrear of rent. The suit was instituted on 5.10.82.3. The de...
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