Patna Court October 1996 Judgments
Amar Jyoti Press and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-17-1996
M.Y. Eqbal, J.1. The petitioners by this writ application prayed for writ of certiorari for quashing the order dated 16th September, 1995 passed by the respondent No. 3 the Certificate Officer, Patna City on Certificate Case No. 360 of 1989-90. The petitioners also prayed for quashing of the certificate signed by the respondent No. 3 under Section 5 of the Bihar and Orissa Public Demand Recovery Act on the basis of requisition submitted by the certificate holder. A prayer has also been made for quashing the notice issued by the Certificate Officer whereby the petitioners were called upon to pay the entire amount of Rs. 16, 36, 865.82 on or before 27th September, 1995 failing which Distress Warrant and warrant of arrest were to be issued simultaneously.2. In the instant case, there was no dispute with regard to the fact the petitioners availed financial assistance from the respondent No. 4 State Bank of India, Patna City Branch, Patna and on default, a certificate proceeding was initia...
Tag this Judgment!Baldeo Choudhary and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-17-1996
D.P. Wadhwa, C.J.1. These three writ petitions raise common questions of law as to the validity of the tolls levied by the State on certain bridges under the Indian Tolls Act, 1851 (For short the Act).2. In C.W.J.C No. 1514 of 1984 the petitioners are engaged in the business ol transport and in course of the business their buses have to cross two bridges one at Burhi Candak in North Muzaffarpur and the other on river Bagrnati at Muzaffarpur-Darbhanga route. They claim that both the bridges are within a distance of 40 K.M. from each other. There are two respondents-the first respondent is the State of Bihar through the Commissioner-cum-Secretary Road Construction Department and the second respondent is Bihar Rajya I'ul Nirman Nigam Limited (for short the Nigam), a Government Company within the meaning of Section 617 of the Companies Act, 1956. The petitioners have sought a writ, order or direction that Sections 2 and 9 of the Act and Rule 10 (a), 10 (a) (ii), 10 (a) (iv), 10 (a) (v), 1...
Tag this Judgment!Kaushalya Devi Vs. Anil Kumar Agrawal
Court: Patna
Decided on: Oct-17-1996
S.K. Chattopadhaya, J1. Whether 'step mother' entitled for maintenance under Section 125 of the Code of Criminal Procedure, 1973 (the Code for short), is the moot question to be answered in this application. However, as no decision either of the Apex Court or of this Court could be brought to my notice by the learned Counsel for the parties, the question is to be answered after reconciling the divergent views expressed by the different High Courts.2. Before adverting to the points raised the factual backdrops may be looked into; Uncontrovertedly the petitioner is the wife of late Hari Narayan Prasad Agrawal and is the step mother of the opposite party. The petitioner filed an application before the learned Magistrate claiming maintenance of Rs. 600/- per month for her own and Rs. 50 each for her two daughters. It was claimed by her that the opposite party has monthly income of Rs. 10, 000/-from the properties left behind by her husband. On such petition being filed the opposite party ...
Tag this Judgment!Ram Ekbali Singh and anr. Vs. Sheo Pujan Singh and ors.
Court: Patna
Decided on: Oct-16-1996
1. The plaintiffs-appellantsapplication for appointment of receiver in a suit for partition having been dismissed by the Subordinate Judge-1, Siwan, the appellants seek an order by this Court for appointment of receiver. 2. Admittedly, a small portion of suit property only stands jointly in the name of appellants-defendants-respondents Nos. 1 to 5 situated in the village Dumrakala in the district of Siwan. The appellants are more interested in appointment of receiver in respect of properties situated in West Bengal and other properties which are claimed to be ancestral properties of the plaintiffs and defendants-respondents Nos. I and 6 situated in the district of West Dinajpur in West Bengal. Theproperties standing in the name of respondents Nos. 1 and 6 in West Bengal were mentioned inSchedules 3 to 5 of the plaint and it is claimed by the respondents to be their exclusive property. The contesting defendants had no objection for the partition of the properties mentioned in Schedule...
Tag this Judgment!Premier Synthetics Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-16-1996
M.Y. Eqbal, J. 1. In this writ application, the 'petitioner seeks indulgence of this Court for issuance of appropriate writ, order or direction commanding the respondent Bihar State Electricity Board and its Officers to remove illegal over head 33000 Volts electric line from the petitioner's urban land bearing Plot No. 690, Khata No. 293, Tauzi No. 5855, Thana No. 17, Ward No. 2 situated at Nasriganj under Danapur Municipality which was purchased by the petitioner for residential purpose. A further prayer has been made for a direction to the respondents to pay the cost of litigation amounting to Rs. 25,000/-. 2. The facts of the case lie in a very narrow compass; The petitioner purchased the aforementioned land thereinafter to be referred to as 'the land inquestion') by six registered sale deeds in the year 1983 for construction of house and accordingly, the petitioner is paying rent to the State of Bihar. It is stated that due to some unavoidable reason, the proposed building has no...
Tag this Judgment!Abhay Kumar Pandey and Etc. Etc. Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-16-1996
M.Y. Eqbal, J. 1. In all the writ petitions the solitary question involved is as to whether the respondent No. 2, Bihar State Financial Corporation (hereinafter referred to as the 'Corporation's) has any authority under the land to forcefully evict the petitioners from the shop and premises which are in their occupation as tenant particularly in purported exercise of power under Section 29 of the State Financial Corporation Act, 1951. 2. The brief facts of the case are that a marketing complex was created within the premises of Nilayasa Hotel belonging to one Naresh Chandra Karn of Tilkamanjhi, Bhagalpur. He inducted the petitioners as tenant in respect of respective shop premises on a monthly rent. According to petitioners although initially a lease for a fixed period of five years was created but nevertheless the petitioners were allowed to continue as monthly tenant on payment of monthly rent which was regularly paid by the petitioners. This owner of the premises, namely, Naresh C...
Tag this Judgment!Dr. Dinesh Chandra Jha and ors. Vs. Anil Kumar Jha and ors.
Court: Patna
Decided on: Oct-16-1996
N. Pandey, J.1. This civil revision application has been directed against an order dated 23.12.1988 in Misc. Appeal No. 26 of 1985 also the order dated 26.3.1986 in Misc. Case No. 42 of 1979, whereby the learned Sub-ordinate Judge refused to set aside the ex-parte decree in Money Suit No. 56 of 1978.2. Short facts of this case are these: The plaintiffs field Money Suit No. 56 of 1978 for adjudication that there was no reasonable cause for the defendants to institute the criminal case and, therefore, a decree for realisation of Rs. 5, 1000/- to compensate the alleged malicious prosecution be passed. Since the defendants did not appear, the suit was fixed on 17.1.1979 for ex-parte hearing. The matter was heard on that day. The Court fixed 18.1.1979 for final orders. But on 18.1.1979 two petitioners were filed on behalf of the defendants; one for adjournment of the case and the other to recall the order, fixing the case for ex-parte hearing. The learned court after hearing the parties fi...
Tag this Judgment!Dashrath Bhokta and ors. Vs. State of Bihar
Court: Patna
Decided on: Oct-14-1996
Loknath Prasad, J.1. This revision is directed against the order, dated 11.7.1990 passed in Criminal Appeal No. 60/88 by Smt. Rajendra Kumari, 4th Additional Judicial Commissioner, Ranchi through which the appeal preferred by the petitioners Was dismissed for default.2. The fact in short, for the purpose of this application is that for some allegation of assault and theft the informant instituted CR. Case No. 136/85 which was decided by Sri Prabhat Kumar, S.D.J.M, Khunti vide his Judgment, dated 9th June, 1988 and found all the petitioners guilty under Sections 147, 323 and 379, IPC and sentenced each of them to undergo rigorous imprisonment for three months under Section 147; three months under Section 323 and four months under Section 379, IPC and it was further ordered that all the sentences will run concurrently. Being aggrieved and dissatisfied with the order of conviction, all the petitioners preferred Criminal Appeal No. 60/88 which was pending before 4th Additional judicial Co...
Tag this Judgment!Haresh Kumar Singh and ors. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Oct-11-1996
Nagendra Rai, J.1. In these twenty-two applications, the petitioners have challenged the vires of the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act) and have prayed for quashing their prosecutions under the aforesaid Act.2. As the common questions of law are involved in all the cases they have been heard together and are being disposed of by this common judgment.3. The allegations against the petitioners in all the cases are that they have committed offence under the Act and in some cases they are also alleged to have committed offences under the Penal Code. It is not necessary to state the facts of all of the cases as the submissions advanced by the counsels for the petitioners in all the cases are with regard to vires of the Act on different grounds which require no reference to the factual matters. In some case, the learned Counsels referred to the facts of the cases to show that even if the allegati...
Tag this Judgment!Ravi Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-11-1996
B.P. Singh and B.P. Sharma, JJ.1. The petitioner herein is an accused in at least two cases, out of several cases registered by the Central Bureau of Investigation in the State Bihar, numbering about 41, in connection with what is commonly known as Animal Husbandry Scam. It is alleged that large scale illegal withdrawals of huge amounts took place from various treasuries of the Government of Bihar in relation to supply of fodder, medicines etc. to the department of Animal Husbandry and though payments were made, in fact the goods alleged to have been supplied were never supplied. Since the Central Bureau of Investigation (hereinafter referred to as the 'C.B.I.') has sought remand of the petitioner in at least two of the cases, we proceed on the basis that he is an accused in the two cases in which he has been remanded, though it is premature for us to say whether he is accused in other cases as well which are being investigated by the C.B.I, under the directions of the High Court and ...
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