Patna Court September 1996 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Ragho Kumar and anr. Vs. State of Bihar
Court: Patna
Decided on: Sep-17-1996
B.P. Singh and B.P. Sharma, JJ.1. This appeal has been preferred against the judgment and order of 4th Additional District and Sessions Judge, Saran, Chapra, dated 24th March, 1986, in Sessions Trial No. 99 of 1980. The two appellants herein alongwith five others were put for trial before the learned Additional District and Sessions Judge. Appellant No. 2 herein, Jagarnath Kumhar, was charged of the offence under Section 302 of the Indian Penal Code while others were charged of the offence under Section 302/140 of the Indian Penal Code. On appreciation of the evidence on record the trial Court found that the prosecution had failed to prove its case as against the remaining accused persons, but held that the case against Jagarnath Kumhar was fully established. He, accordingly, held appellant Jagarnath Kumhar guilty of the offence under Section 302 of the Indian Penal Code and sentenced him to rigorous imprisonment for life. He also held appellant No. 1 Ragho Kumhar guilty of the offenc...
New India Assurance Co. Ltd. Vs. Mrs. M. Ramnamma and ors.
Court: Patna
Decided on: Sep-17-1996
Prasun Kumar Deb, J.1. This appeal has been preferred against the judgment and award dated 21.3.1994 passed by Shri L.K. Sahay, 2nd Additional District Judge Cum-Motor Accident Claims Tribunal, Jamshedpur. In compensation case No. 3 of 1991.2. The deceased M. Nehru along with M. Ram Babu and N. Govind Rao were going to South Park on an Yezdi Motor cycle bearing registration No. AVB 9410 then a truck bearing registration No. AMN 4368 come from behind with high speed and dashed against the said motor cycle as a result of which the two persons i.e. the driver and pillion rider of the motor cycle sustained severe injuries on their person. M. Ram Babu died instantaneously on the spot and the deceased M. Nehru died in the T.M.H. Hospital, Jamshedpur. Another person N. Govind Rao sustained fracture injury in the said accident.3. The deceased M. Nehru was aged about 21-22 years at the time of death and he was keeping good health. He was a business man running business of Tent House in the nam...
Allahabad Bank, MaIn Branch Vs. Hotel Satkar (Pvt.) Ltd. and anr.
Court: Patna
Decided on: Sep-13-1996
Ravi Nandan Sahay, J.1. This matter arises from a suit filed for declaration that the compromise decree in Title Mortgage Suit No. 213 of 1986 is void and not binding on the plaintiff because the respondents fraudulently obtained the compromise decree by undue influence. Title Money Suit No. 213 of 1986 instituted by the appellant was decreed in terms of compromise entered into by the parties by a decree dated 26.3.1991. The appellant-decree holder levied Execution Case No. 3/93 to execute the decree by auction sale the properly mortgaged with the appellant. The judgment-debtor respondents contends that execution is barred in terms of Order XXXXIV, Rule 14 of the Code of Civil Procedure. Learned Subordinate Judge being Prima facie satisfied that the suit was barred under Order XXXIV, Rule 14, Code of Civil Procedure injuncted the appellant from proceeding in the execution case and for executing the decree by auction sale of the mortgage property.2. The grounds on which compromise decr...
Hindusthan Petroleum Corporation Ltd. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-12-1996
Asok Kumar Ganguly, J. 1.The action of the Patna Regional Development Authority (hereinafter called the P.R.D.A.) and its Officers in demolishing a retail petrol outlet of the petitioner Company situated on a plot of land which was given to the petitioner Company on lease by the Patna Women's College, Patna (hereinafter called the said College) is the subject-matter of challenge in both the writ petitions, one of which is filed by the petitioner Company and the other by its dealer. Since common questions are involved, both the writ petitions were heard analogously and are governed by this common judgment. 2. The material facts of the case are detailed herein below: Hindustan Petroleum Corporation Limited (for short called the petitioner Company) is a Government of India undertaking and is a Government Company within the meaning of the Companies Act having its registered office at Bombay and one of its regional office at Boring Canal Road, Patna. The petitioner Company is, inter alia,...
Union of India (Uoi) Vs. Gopaljee
Court: Patna
Decided on: Sep-12-1996
Ravi Nandan Sahay, J.1. This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 against the decision of the Patna Bench of the Railway Claims Tribunal dated 28.7.1995, whereby the claim brought by the consignor-respondent was partly allowed and the appellant has been directed to pay Rs. 39,240/- with 10% interest and cost assessed at Rs. 3,200/-.2. The consignor had claimed Rs.82,013/- on account of short/non-delivery of 3 bundles of readymade garments out of 8 bundles booked on 14.11.1989 on luggage ticket No. 106087 from Howrah to Chapra, due to negligence of railway administration.3. The respondent's claim was resisted by the appellant on a pleading that the appellant was protected by Section 77-B of the Indian Railways Act, 1890 and hence the claim of the consignor was not maintainable.4. Section 73 of the Act lays down the general responsibility of the Railway Administration as a carrier of goods for the loss, destruction, damage, deterioration or non-delivery...
Zonal Manager (East), Food Corporation of India and ors. Vs. Ranjit Ku ...
Court: Patna
Decided on: Sep-12-1996
Ravi Nandan Sahay, J.1. This is an appeal under Section 39(1)(vi) of the Indian Arbitration Act against the decision of the subordinate Judge, Patna dated 13.3.1992, whereby the court below held the objection to the award filed by the appellants to be time barred and consequently directed award to be prepared in terms of the Award in question.2. Respondent No. 1 filed suit under Section 20 of the Indian Arbitration Act for giving a direction to the appellants to file agreement in the court for reference of the dispute between the parties to the Arbitrator in terms of the agreement as provided under Clause XIX of the Agreement. The dispite was. referred to the Arbitrator. The appellants appeared before the Arbitrator and contested the matter. The Arbitrator after concluding the Arbitration proceeding set the award to the court and also to the appellants. The award was paced before the Regional Manager on 28.2.1990 for appropriate action. The appellants field objection of the award on 7...
Mohd. Mustkim @ Bhola Vs. Bibi Anuja Khatoon
Court: Patna
Decided on: Sep-12-1996
P.K. Sarin, J.1. Heard the learned Counsel for the parties.2. This criminal writ application has been filed by the petitioner for quashing the order dated 21.7.95 passed in Criminal Revision No. 430/94 by 2nd Additional Sessions Judge, Purnea, (copy at Annexure 1) alleging that the opposite-party is legally married wife of the present petitioner. It was alleged that the petitioner began to treat the respondent with cruelty on her inability to bring a buffalo from her father's house and ultimately in November, 1991 after brutally assaulting her the opposite-party (in this application) was driven out of his home and since then she has been living with her parents alongwith her minor daughter. The respondent claimed maintenance for her and also for her minor daughter.3. It appears that the summon in respect of said application were sent to the petitioner by registered post but it was not served and thereafter summon was again sent by registered post on 8.9.94 but the registered envelop w...
Union of India (Uoi) Vs. Gopal Jee
Court: Patna
Decided on: Sep-12-1996
Ravi Nandan Sahay, J.1. This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 against the decision of the Patna Bench of the Railway Claims Tribunal dated 28.7.1995, whereby the claim brought by the consignor-respondent was partly allowed and the appellant has been directed to pay Rs. 39, 240/- with 10% interest and cost assessed at Rs. 3, 200/-.2. The consignor had claimed Rs. 82, 013/- on account of short/non-delivery of 3 bundles of readymade garments out of 8 bundles booked on 14.11.1989 on luggage ticket No. 106087 from Howarh to Chapra, due to negligence of Railway administration.3. The respondent's claim was resisted by the appellant on a pleading that the appellant was protected by Section 77B of the Indian Railways Act, 1890 and hence the claim of the consignor was not maintainable.4. Section 73 of the Act lays down the general responsibility of the railway administration as a carrier of goods for the loss, destruction, damage, deterioration or non-deliv...
Unio of India (Uoi) Vs. Gopal Jee
Court: Patna
Decided on: Sep-12-1996
R.N. Sahay, J.1. This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987, against the decision of the Patna Bench of the Railway Claims Tribunal dated 28.7.1995, whereby the claim brought by the consignor-respondent was partly allowed and the appellant has been directed to pay Rs. 39,240/- with 10% interest and cost assessed at Rs. 3,200/-.2. The consignor had claimed Rs. 82,013/- on account of short/non delivery of 3 bundles of ready-made garments out of 8 bundles booked on 14.11.1989 on luggage ticket No. 106087 from Howrah to Chapra, due to negligence of railway administration.3. The respondent's claim was resisted by the appellant pleading that the appellant was produced by Section 77-B of the Indian Railway Act, 1890 and hence the claim of the consignor was got maintainable.4. Section 73 of the Act lays down the general responsibility of the railway administration as a carrier of goods for the loss, destruction, damage, detraction or non-delivery in transit. T...
Branch Manager, State Bank of India and ors. Vs. Presiding Officer, In ...
Court: Patna
Decided on: Sep-12-1996
Radha Mohan Prasad, J. 1. In this writ application the petitioners are State Bank of India and its officers on the management side, who have assailed the validity of the order dated December 21, 1982 passed by the Assistant Commissioner, Patna-cum-Authority under the Bihar Shops and Establishments Act (hereinafter referred to as 'the Shops Act') (respondent No. 2) under Section 28(1) of the Shops Act, contained in Annexure-1, whereby and whereunder he has held the claim of respondent No. 3 to be legally justified for payment of wages for the period July 1, to July 31, 1980, August 1, to August 6, 1980, August 16, 1980 to August 31, 1980 and September 1, 1980 to September 30, 1980 together with compensation to the tune of two times of the directed amount, as also the judgment and order dated December 27, 1983 passed by the Presiding Officer, Industrial Tribunal and appellate authority under Section 28 (7) of the Shops Act in B.S.F. Appeal No. 1 of 1983 contained in annexue-2 modifying...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »