Patna Court April 1995 Judgments
Deomani Sharma Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-24-1995
S.K. Chattopadhyaya, J.1. In this writ application, being aggrieved by the order dated 8/10/93 passed by the learned court below in Cr. Revision No. 226/90 by reason of which the said revision preferred by the petitioner was dismissed, the petitioner has moved this Court.2. Before considering the grievance of the petitioner a potrya of the background of facts is necessary: The dispute between the petitioner and respondent No. 2 is in respect of a piece of land appertaining to plot No. 27, Khata No. 17 situated at Jharudih in the district of Dhanbad. In respect of the same land a proceeding under Section 145 Cr. P.C. was initiated between the parties and by order dated 20.8.93 possession of the wife of the petitioner, namely, Smt. Urmila Devi, was declared by the court below. It is not in dispute that against the said order respondent No. 2 moved this Court in revision which was, ultimately, allowed to be withdrawn. After withdrawal of the revision, respondent No. 2 filed title suit No...
Tag this Judgment!Smt. Abala Biswas Alias Smt. Abala Bose, Etc. Etc. Vs. State of Bihar ...
Court: Patna
Decided on: Apr-24-1995
S.N. Jha, J.1. Whether employees of the State Government sharing accommodation with their spouse are entitled to House Rent Allowance (HRA) is the question for consideration in these cases. The question is to be considered in the context of the Bihar State Employees (House Rent Allowance) Rules 1980 (hereinafter referred to as 'the Rules'only).2. The Rules provide for grant of HRA to the employees of the State Government. Although all State Government servants are eligible to get the allowance the right is hedged by conditions. Many relevant foundational facts in this regard have not been stated in the writ petitions; for example, it is riot said in any of the writ petitions that the petitioners had applied for government accommodation which has not been provided a condition precedent under Rule-5(a). It appears that the government servants are getting the allowance as a matter of course. However, the purpose of this observation is not to find fault with the petitioners' case but to p...
Tag this Judgment!Bhola Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-21-1995
Loknath Prasad, J.1. All these three appeals had arisen from a common judgment of conviction dated 3rd July, 1992 passed by Sri Anwar Ahmad, 3rd Additional Sessions Judge, Nawadah in S.T.No. 78/90, 4/92 through which he convicted the appellant Bhola Singh to undergo imprisonment for life under Section 302 of the Indian Penal Code and the remaining three appellants were also convicted and sentenced to undergo imprisonment for life under Section 302/34 of the Indian Penal Code. All these appellants were also found guilty under Section 323 of the Indian Penal Code but no separate sentence was passed under this count.2. In Cr. Appeal No. 224 of 1992 the sole appellant is Bhola Singh whereas in Cr. Appeal No. 241 of 1992 Raj Kishore Singh is the appellant and in Cr. Appeal No. 244 of 1992 Manoj alias Manoj Kumar and Raj Kumar alias Raju are the appellants. This common order will dispose of all these three appeals.3. The prosecution case in short is that on 26.7.1989 the informant Anjay Kum...
Tag this Judgment!Social Action for Relief to the Consumers Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-21-1995
B.L. Yadav, A.C.J.1. Social Action for Relief to the consumers, a voluntary association for raising Public causes, has filed the instant writ application under Articles 226 and 227 of the Constitution of India, in the nature of public interest litigation, for issuance of a writ of mandamus directing the State Government to establish a permanent Consumer Disputes Redressal Forum, which obviously consists of three tier, as contemplated under Section 9 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act').2. In pursuance to the order dated 8.2.1995 passed by this Court, vide Memo No. 14 dated 10.2.1995, a report was called for from the President, District Forum, Ranchi, who has submitted a report dated 22.2.1995, addressed to the Joint Registrar of this Court. It has been indicated in that report that total number of cases filed upto 18.2.1995 were 1283, out of that upto 18.2.1995 only 243 cases could be disposed of, whereas 1040 cases were pending. Again it has bee...
Tag this Judgment!Equipment Service Centre and Others Vs. Union of India and Others.
Court: Patna
Decided on: Apr-19-1995
RANCHI BENCHS. K. CHATTOPADHYAYA J. - In the present writ application, the petitioners have prayed for quashing the complaint in Complaint Case No. 287 of 1992 now pending before the Special Judicial Magistrate (Economic Offences), Jamshedpur, respondent No. 2. A prayer has also been made for quashing the order taking cognizance under sections 276C and 277 of the Income-tax Act, 1961, including the entire criminal proceedings against the petitioners.Before dealing with the grievances made by the petitioners, it would be appropriate to refer to the factual background. Petitioner No. 1 is a partnership firm, whereas petitioner No. 5 is a private limited company incorporated under the Companies Act, 1956. Petitioner Nos. 2, 3 and 4 are partners of petitioner No. 1 and petitioner No. 1 and petitioner No. 6 is the director of petitioner No. 5. A complaint was filed by respondent No. 2 in the Court of the Special judicial Magistrate, Muzaffarpur, alleging, inter alia, that petitioner No. 1 ...
Tag this Judgment!Santosh Prasad and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-19-1995
R.M. Prasad, J.1. The present revision is directed against the judgment and order passed by the 7th Additional Sessions Judge, Nalanda in Cr. Appeal Nos. 106/92 / 1/63 dismissing the said appeal with modification in sentence.2. The short facts of the case are that the informant Karuna Devi filed a complaint in the Court of the Chief Judicial Magistrate, Nalanda who directed the police to institute the case and take up investigation and thereafter Harnaut P.S. case under Sections 488, 323, 379 and 498 I.P.C. was registered. The police submitted charge sheet and, accordingly cognizance of the offence was taken. The learned Magistrate convicted all the three accused, namely the petitioners for the charge under Sections 323, 379 and 498A I.P.C. and sentenced them to undergo R.I. for two years under Section 379 I.P.C. and R.I. for two and a half years under Section 498A I.P.C. The sentences were directed to run concurrently. No separate sentence under Section 323 I.P.C. was passed.3. Being...
Tag this Judgment!Equipment Service Centre and ors. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Apr-19-1995
S.K. Chattopadhyaya, J. 1. In the present writ application, the petitioners have prayed for quashing the complaint in Complaint Case No. 287 of 1992 now pending before the Special Judicial Magistrate (Economic Offences), Jamshedpur, respondent No. 2. A prayer has also been made for quashing the order taking cognizance under Sections 276C and 277 of the Income-tax Act, 1961, including the entire criminal proceedings against the petitioners. 2. Before dealing with the grievances made by the petitioners, it would be appropriate to refer to the factual background. Petitioner No. 1 is a partnership firm, whereas petitioner No. 5 is a private limited company incorporated under the Companies Act, 1956. Petitioners Nos. 2, 3 and 4 are partners of petitioner No. 1 and petitioner No. 6 is the director of petitioner No. 5. A complaint was filed by respondent No. 2 in the Court of the Special Judicial Magistrate, Muzaffarpur, alleging, inter alia, that petitioner No. 1 was engaged in the busines...
Tag this Judgment!Premi Printing Press Vs. the Patna Industrial Area Development Authori ...
Court: Patna
Decided on: Apr-19-1995
Ashok Kumar Ganguly, J. 1. This writ petition has been filed, inter alia, with a prayer for quashing the Order dated 15th September, 1994 passed by respondent No. 2, the Managing Director, Patna Industrial Area Development Authority by which the allotment of land made in favour of the petitioner has been cancelled.2. Mr. Arshad Alam, learned Advocate appearing for the petitioner, stated that a lease of 99 years was granted to it in respect of 1500 sq. ft. open space in the Industrial Estate, Biharsharif in the year 1978. Thereafter further additional open land was allotted to the petitioner. The said allotment of land was given to the petitioner for manufacturing exercise copy books and for the said purpose it took loan from the Bihar State Financial Corporation. The case of the petitioner is that it functioned till 1981 when due to a communal flare up its Unit was burnt and the assets were destroyed. Thereafter in 1991 the Project Officer, CSIR suggested certain alternative plans to ...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Chand Rani and ors.
Court: Patna
Decided on: Apr-18-1995
Gurusharan Sharma, J.1. Heard Mr. Eqbal, Counsel for the appellant, and Mr. S.N. Lal, Counsel for respondent Nos. 1 and 2, and with their consent this appeal is being disposed of at the stage of hearing under Order 41, Rule 11 of the Civil Procedure Code.2. Claimants' son, Mahendra Singh, died on 4.8.1986 in an accident by bus BRV 7371 which was insured with the appellant insurance company. On the basis of the evidence on record, the Motor Accidents Claims Tribunal came to the conclusion that the deceased was travelling in the said bus which turned down and fell in a ditch and in the said accident he died. It was held that the driver of the bus did not apply reasonable care and caution to avoid the accident and, therefore, the accident took place on account of an act of negligence on his part. The victim was about 26 years old and he was earning Rs. 1,500/- per month. Deducting a sum of Rs. 500/- for personal expenses per month, remaining Rs. 1,000/- per month was being contributed by...
Tag this Judgment!Bhagwati Hosiery Mill Pvt. Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-18-1995
B.P. Singh, J.1. Heard counsel for the parties.2. Counsel for the parties are agreed that the order passed by the Commissioner is clearly illegal and contrary to the provisions of Section 16 of Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982. It is submitted that this Court has consistently held that he has no power to stay the proceeding and that the tenant is bound to deposit the arrears of rent before his appeal/revision is entertained by the Commissioner, Reliance is also placed upon the judgment reported in 1987 PLJR 1138 Md. Enam Jalil v. The State of Bihar and Ors. Consequently the order of the Commissioner dated 17/10/1994 (part of Annexure-1) is quashed to the extent that he has directed the tenant to deposit arrears of rent to the extent of one month's rent only instead of the entire arrears of rent. Respondent No. 2 is, therefore, directed to deposit the entire arrears of rent as required under Section 16 of the Act and thereafter it will be open to the petitio...
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