Patna Court September 1995 Judgments
Dayanand Sahay Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-29-1995
B.P. Singh, J. 1. Heard counsel for the parties.2. The petitioner retired as under Secretary in the Department of Relief and Rehabilitation Department, Government of Bihar, with effect from 1st January, 1992. He was sanctioned 90 percent provisional pension, but 10 percent of his pension was withheld. Similarly he has not been paid his gratuity dues. The ground on which 10 per-cent of the pension and gratuity have been withheld is that criminal prosecution was pending against the petitioner. According to the petitioner, though that was not the ground for withholding a part of the pension and gratuity, even the criminal case resulted in his acquittal on 23.3.1994. The petitioner thereafter represented to the Department on 6.4.1994 for payment of his post retirement dues, but got no reply.3. The petitioner was compelled to fills the instant writ petition on 9.5.1995 after serving a copy thereof on the Advocate General. When the matter came up on 31.8.1995, three week's time was granted...
Tag this Judgment!Sachidanand Das Vs. Smt. Sandhya Rani Dutta
Court: Patna
Decided on: Sep-29-1995
Gurusharan Sharma, J.1. This Appeal at the instance of the defendant has been preferred against a decree of eviction passed under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act (hereinafter referred to as 'the Act').2. Smt. Sandhya Rani Dutta, widow of Late Hargovind Dutta, a resident of P.N. Bose Compound, Lalpur, Ranchi, claiming to be the absolute owner of the premises detailed in the schedule annexed to the plaint filed Title Suit No. 273 of 1983 in the Court of the Special Subordinate Judge, Ranchi, against Sri Sachidanand Das, the .sole proprietor of Maa Kali Engineering Works at 6-D, R.N. Mukherjee, Road, Calcutta for a decree of eviction from the suit premises and after such eviction to be put in Khas possession thereof,3. According to the plaintiff, after having purchased the land hearing Municipal Survey Plot No. 2321, corresponding to Chhaparbandi Jamabandi' No. 642 at Purulia Road, Ranchi, the constructed building and structures over it with a...
Tag this Judgment!Tehmul Murjorji Bugli and anr. Vs. Steel City Compto Aids Pvt. Ltd. an ...
Court: Patna
Decided on: Sep-27-1995
P.K. Deb, J.1. The petitioners in this case are the share holders of O.P. No. 1- Company, namely, Steel City Comto Aids Private Ltd.2. The aforementioned Company was incorporated with an authorised capital of Rs. 10.00 lacs which was divided into 10.000 equity shares of Rs. 100A each. The registered office of the Company is at Adityapur, Jamshedpur. The Promoter Directors were Shri G.P. Agrawal having 10 shares, Smt. Veena Agarwal having 10 shares and petitioner No. 1 T.B. Bugli having 10 shares with 30 shares of 100 each. The Promoter directors invested money including the aforesaid Rs. 3,000/- in the following manner:(1) Shri G. P. Agrawal Rs. 73,017.16(2) Smt. Veena Agrawal Rs. 54,407.88(3) Shri T.B. Bugli Rs. 2,70,409.55(petitioner No. 1)(4) Smt. M.T. Bugli Rs. 2.17.802.00(Petitioner No. 2) Total Rs. 6.15.636.593. At that time petitioner No. 2 was a minor. But for running the Company and its works a loan was taken from the B.S.F.C. (O.P. No. 2) which was to be repaid by Company to...
Tag this Judgment!Kishori Devi Vs. State of Bihar and anr.
Court: Patna
Decided on: Sep-27-1995
S.K. Chattopadhyaya, J.1. Two important questions arise in this case; one of which is as to whether in pursuance of a proclamation order under Section 82 of the Code of Criminal Procedure, the property of any individual who is not the proclaimed person can be attached. The second point for consideration is as to whether the Police Officer is under an obligation to furnish the inventory of seized articles to the Magistrate forthwith as required under Section 25 of the Bihar Police Manual 1978.2. In order to appreciate the contention raised by the parties, backdrop of the facts may be portrayed. The petitioner is admittedly mother of the absconder namely, Ashok Soni. This Ashok Soni was wanted by the Police and for his apprehension the properties were seized in execution of the process issued by the Court of Chief Judicial Magistrate Ranchi. The petitioner filed a petition for release of the seized articles purported to be under Section 84 of the Code of Criminal Procedure but by order ...
Tag this Judgment!State of Bihar Vs. Shri Gopal Chandra Palit
Court: Patna
Decided on: Sep-27-1995
S.K. Chattopadhyaya, J.1. This appeal under Section 39(IV) of the Arbitration Act, 1940 (the Act) is directed against the decision of the Subordinate Judge, No. 1, Chaibasa making the Award a rule of the court.2. Before dealing with the contentions raised by the parties, it would be appropriate to portray the factual backgrounds.The parties to this appeal entered into a contract for making certain construction, time limit for completion of the work being sixteen months from the date of commencement of the work. This time limit was the essence of the contract. The respondent undertook to execute the work as per the agreement from 27.9.84. Immediately after commencement of the work the respondent detected that though two erstwhile contractors had been paid their amount in full, they did not complete the two abutments upto the desired height. The matter was reported to the department then and there and on verification the assertion of the respondent was found to be correct. The responden...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Sushila Devi and ors.
Court: Patna
Decided on: Sep-25-1995
P.K. Deb, J.1. This appeal has been preferred by the above-named insurance company under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 12.1.1994 passed by Mr. Sashi Kumar Choudhary, 1st Additional Claims Tribunal, Hazaribagh, in Compensation Case No. 47 of 1991, whereby a compensation of Rs. 3,49,904/- has been awarded in favour of the claimant-respondent Nos. 3 to 8.2. The claimant's case has arisen out of an accident occurred in the night of 21.10.1990 within the jurisdiction of Hazaribagh District. It has been asserted by the claimants, who happened to be the wife, children and father of the deceased, Ramanand Singh, that the deceased Rama-nand Singh boarded on bus No. BHB 6242 at Jahanabad for going to Ranchi in order to attend his duty in Bihar State Road Transport Corpn. Bus Depot at Ranchi. The said bus is owned by the B.S.R.T.C. who was made opposite party No. 1 in the claim case. It has further been stated in the claim petition that the sai...
Tag this Judgment!In Re: Bihar Woollen Fabrics Ltd. (In Liquidation)
Court: Patna
Decided on: Sep-22-1995
S.N. Jha, J. 1. Section 446 of the Companies Act, 1956 (in short, 'the Act'), provides that after a winding-up order with respect to a company has been made or the official liquidator has been appointed as provisional liquidator, no suit or other legal proceeding shall be commenced, or if pending at the date of winding-up order, shall be proceeded with, against the company, except by leave of the court and subject to such terms as the court may impose. In view of that provision, Canara Bank, the Bihar State Credit Investment Corporation Limited (in short, BISCICO) and the ex-managing director of the company have filed applications seeking, in the case of Canara Bank and the ex-managing director, leave to prosecute suits (Title Suits Nos. 104 and 106 of 1991, before the Subordinate Judge, Patna), and in the case of BISCICO, leave to file the suit for recovery of the money against the company. This order will dispose of the said applications.2. Both the Canara Bank and the BISCICO are s...
Tag this Judgment!M. Manzoor Alam Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Sep-21-1995
Narayan Roy, J. 1. By these two writ applications a common prayer has been made for issuance of a writ of certiorari for quashing the selection of respondent No. 5 in both the cases in awarding of a retail out let dealership of Hindustan Petroleum Corporation Limited at Jokihat, District Araria on the recommendation of the Selection Board (Bihar), Patna, and for issuance of a writ of mandamus to grant letter of intent in favour of the petitioners for retail outlet dealership at Jokihat, which has been illegally denied to them. Therefore, these two writ applications have been heard together and are being disposed of by this common order, 2. Heard counsel for the parties. 3. It appears that the Hindustan Petroleum Corporation Limited, respondent No. 2, had issued an advertisement in the daily newspaper 'Nav Bharat' on 21-1-1993, as contained in Annexure-1 to both the writ applications, inviting applications for grant of retail outlet.dealership at Jokihat, District Araria. Pursuant to ...
Tag this Judgment!Ram Naresh Singh Vs. Life Insurance Corporation of India
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Sep-21-1995
B.N. Sinha, President: 1. This appeal No. 276 of 1993 and Appeal No. 277 of 1993 are directed against the order dated 6.7.1993 passed by the District Forum, Gopalganj disposing of the Complaint Case No. 9 of 1993 and 10 of 1993 by the common order dismissing these two complaint cases filed by the complainant who is appellant in these two appeals against the respondent here who was opposite party before the District Forum in both the cases. The parties are hereafter being referred with the same nomenclature which they had before the District Forum. 2. The facts of the case may be noticed with utmost brevity for the disposal of these two appeals. Kalicharan Singh who was son of the complainant in these two cases had taken two Life Insurance Policies with the opposite party, one bearing No. 29750895 dated 24.3.1977 for a sum of Rs. 20,000/- and the other bearing No. 29752412 dated 28.3.1977 for a sum of Rs. 15,000/-. Kalicharan Singh was murdered on 1.5.1977 and the complainant who is the...
Tag this Judgment!Suraj Balli Tewary and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Sep-20-1995
S.K. Chattopadyaya, J.1. In this application under Section 482 of the Code of Criminal Procedure (shortly, the Code) the petitioners have prayed for quashing of the entire criminal proceeding including the ivestigation pending against them.2. The facts of the case lie in a narrow compass : on 27.3.95 a complaint was filed by one Moinuddin of Village Khairgaon, P.S. Sadar, district, Hazaribagh against the petitioners alleging, inter alia,' that on 23.3.95 when he was driving truck No. BR 13-G 5547 with a cash of Rs. 2,5000/- to purchase coal from the colliery, petitioner No. l (accused No. l) along with 5-6 unknown persons armed with rivolver got the vehicle stopped. The driver was asked to vacate the driving seat by showing rivolver with a threat to shoot him if the vehicle with its key including the papers and cash are not handed over to petitioner No. 1,. Surujballi Tiwary. The complainant, out of fear, handed over the key of the vehicle to petitioner No. 1 and then petitioner No. l...
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