Patna Court February 1997 Judgments
Rhone-poulenc (India) Ltd. and ors. Vs. Shree Ch. V. Subba Rao and anr ...
Court: Patna
Decided on: Feb-21-1997
Ravi Nandan Sahay, J.1. May & Baker (India) Ltd., a reputed . to RHONE-POULENC (INDIA) LTD. This quashing application has been filed by RHONE-POULENC (INDIA) LTD., its Depot Administrative Officer, Manufacturing Director, Marketing Director, Distribution Manager and Sales Manager. This petition has been filed with the object of setting aside the order of cognizance dated 27.10.1990 in complaint Case No. 870 (M) 90 under Section 27 A,(B)(ii)(c) of the Drugs and Cosmetics Act, 1940 on the basis of the complaint filed by the Inspector of Drugs, Patna (West). The complaint petition was filed on 22.10.1990 before the Chief Judicial Magistrate, Patna alleging, inter alia, as follows:(i) That the complainant inspected the Patna Depot of RHONE-POULENC (I) Ltd. and found the following-(a) The prior to 30.3.90 the name of the Company was May & Baker (1) Ltd. and after 30.3.90 the name was changed to RHONE-POULENC (I) LTD.(b) That the name of the Manufacturer was found as RHONE-POULENC (I) LTD. ...
Tag this Judgment!Arvind Techno Engineers Limited Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-21-1997
S.K. Chattopadhyaya, J.1. The present contempt application has been filed at the instance of the petitioner for violating the orders dated 23.1.95 and 15.2.95 passed in CWJC No. 3431/94 (R).2. Some facts are necessary for appreciating the arguments advanced by the learned Counsel for the parties:- A prayer was made in the aforesaid writ application to command the respondents to make payment of the admitted dues of the petitioner for executing various works undertaken by him. Pursuant to an agreement executed by and between the State Government and the petitioner-company, it was entrusted with some contractual works for doing various jobs at Subarnarekha Multi Purpose Project, After completion of work, it was alleged, that bill submitted by the petitioner-company, the Executive Engineer, Subarnarekha Canal Division, Galudih found that petitioner was entitled to get some refund of the amount. As it happens in most of the cases no counter affidavit was filed on behalf of the respondents ...
Tag this Judgment!The Executive Engineer, C.P.W.D. and ors. Vs. R.L. Singh Civil Enginee ...
Court: Patna
Decided on: Feb-20-1997
M.Y. Eqbal, J.1. These there civil revision applications arise out of an order dated 18.7.1996 passed by learned Sub-Judge I, Patna in Title Suit No. 123 of 1996, Title Suit No. 124 of 1996 and Title Suit No. 125 of 1996 whereby and whereunder learned Court below rejected the petition filed by the defendants-petitioners raising a preliminary objection with regard to maintainability of the suit. Since the party in all the aforesaid suits are same, these there civil revision application are being disposed of by this common order.2. The plaintiff M/s. R.L. Singh filed the aforementioned three suits under Section 8 of the Arbitration and Conciliation Ordinance, 1996 praying therein refer the claims disputes mentioned in Schedule I of the plaint petition to the appointed sole arbitrator Sri T.K. Mishra, Ministry of Urban Development, Calcutta, with a direction to arbitrate and give award. The plaintiff's case, in short, was that the defendants did not refer the disputes and differences sou...
Tag this Judgment!Ram Bilas Agrawal Vs. Upendra Sah
Court: Patna
Decided on: Feb-20-1997
M.Y. Eqbal, J.1. This civil revision application has been filed by the defendant petitioner under Section 14 (8) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter to be referred to as the 'said Act') challenging the judgment and decree passed by the Munsif-111 Patna in Eviction suit No. 67 of 1993 decreeing the plaintiff's suit for eviction of the defendant from the suit premises on the ground of expiry of lease and also on the ground of personal necessity.2. The brief facts of the case are as follows:The plaintiff filed the aforementioned suit for eviction of the defendant from the suit premises on the aforesaid two grounds. The plaintiff's case is that he is the owner of the suit premises measuring 11 feet 6 inches wide opening on Bari Path and 35 ft. deep, it is stated that there are four following shutters on the suit premises but the defendants uses the entire shop. The defendant was inducted as tenant in the suit shop for a period of 5 years by virt...
Tag this Judgment!Ram Chandra Pandey Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-20-1997
P.K. Sarain, J.1. This criminal revision application is directed against the judgment and order dated 22nd June, 1988 passed by the 9th. Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 748/1977-77/88 whereby the learned Additional Sessions Judge has acquitted the opposite party Nos. 2 to 8 of the charges under Section 302, 302/149, 148 and 307/34 of the Indian Penal Code.2. The case of the prosecution against opposite party Nos. 2 to 8 may be briefly stated as follows:That on 29th October, 1976 at 10 a.m. when the informant petitioner alongwith his uncle Lal Mohan Pandey (deceased) were operating their Sugar Cane Crusher accused opposite party No. 8 Nathuni Pandey came there and took out 6-7 sugarcane from the bundle kept there. When the informant asked Nathuni Pandy not to take so much of sugarcane it led to an altercation and Nathuni Pandey left the place throwing away sugarcane. Soon thereafter all the accused persons including Nathuni Pandey armed with lathi, bh...
Tag this Judgment!Smt. Mariam Khatoon and ors. Vs. Husna Ara Begum and ors.
Court: Patna
Decided on: Feb-19-1997
M.Y. Eqbal, J.1. This Civil revision application is directed against the order dated 15.12.1988 passed by Learned Subordinate Judge IV, Patna in Title Suit No. 375 of 1981 here by the petitioners' petition for amendment of their plaint was rejected.2. The petitioners' filed the aforesaid suit for partition of their 7 annas 2 pice share in the suit property after declaring that the alleged deed of gift dated 30.6.1973 purported to be executed by Amna Khatoon, since deceased, in favour of the original defendant No. 1 after Abdul Qadir was forged, fabricated, fraudulent and illegal and not binding on the plaintiffs and that defendant No. 1 has acquired no interest thereunder. From the fact stated in the Civil revision application it appears that the suit property is a residential house bearing Holding No. 54, Circle No. 118 measuring about 15 kathas situated in mohalla Moghalpura, Nawab Bahadur Road, Patna and about 22 acres of lands in village Rasulpur and Bhikhanpur both under the dist...
Tag this Judgment!Prithvi Raj Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-19-1997
M.Y. Eqbal, J.1. In the instant application, filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of the entire prosecution and the order dated 26th May, 1994 passed by the Judicial Magistrate, 1st class, Patna taking cognizance of the offences under Sections 420, 406, 465 and 468 of the Indian Penal Code in complaint Case No. 954 (Q/1993.2. The facts of the case lies in a very narrow compass:The complainant O.P. No. 2 filed a complaint alleging inter alia that he along with other persons, went to village Saguna Nayatola in search of land, sometime in the month of February/March, 1992 where he came in contact with the accused persons, Including the petitioner, the petitioner was eager to dispose of his land of plot No. 1981 and 1893 under Khata No. 306 and the complainant finally entered into an agreement with the accused persons by executing a deed of agreement to sale on 27.10.1992. Pursuant to the said agreement, a sum of Rs. 10, 000 was...
Tag this Judgment!Braj Kishore Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-19-1997
S.N. Jha, J.1. This appeal under Clause 10 of the Letters Patent of the Patna High Court is directed against judgment and order of a Learned Single Judge of this Curt in CWJC No. 497 of 1994. The controversy relates to approval of Services of the appellants on class III/IV posts in Jagdam College, Chapra. The appeal was taken up for hearing before a Division Bench on August 21, 1996. The Bench noticed that there are conflicting decisions on the point and directed the appeal to be heard by full Bench. That is how this matter came up for hearing before this Bench. The relevant facts are as follows.2. Jagdam College, Chapra (hereinafter called' the College') was an affiliated college of Bihar University (now known as Babasaheb Bhimrao Ambedkar University). On February 7, 1976 it was a made a constituent Unit of the said University with effect from April 1, 1975. The college is now a constituent unit of Jai Prakash University. According to the appellants prior to January 17, 1973 20 sanct...
Tag this Judgment!Kachhu Munda Vs. the State of Bihar
Court: Patna
Decided on: Feb-19-1997
N.N. Singh, J.1. This appeal is directed against the judgment and order of conviction and sentence dated 31.8.1995 and 7.9.95 respectively passed in Sessions Trial No. 102 of 1991 whereby Smt. Shakuntala Sinha, Additional Judicial Commissioner, Khunti, has convicted the appellant under Section 302/34 and 201 of Indian Penal Code and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- (rupees five thousand) and in default to undergo further rigorous imprisonment for one year, under Section 302/34 of Indian Penal Code and to undergo rigorous imprisonment for five years under Section 201 of Indian Penal Code, with the direction that the sentences will run concurrently.2. Briefly stated, the prosecution case, as mentioned in the fard-beyan (Ext.l) of Sohrai Gosai (PW4) is that on 8.8.1991 when the informant was sleeping with his wife in a room of his house, where a dhibri was burning and Maula Munda and Pauwa Munda-both sons of Sanika Munda-were sleepin...
Tag this Judgment!Shamim Ara Naz and anr. Vs. Mohammad Quamruddin
Court: Patna
Decided on: Feb-18-1997
M.Y. Eqbal, J.1. This civil revision application is directed against the order dated 22.9.1995 passed by learned Munsif, Patna City, in Title Friction Suit No. 28 of 1992 whereby and whereunder learned Munsif rejected the application filed by the plaintiff-petitioner under Section 15 of the Bihar Building (Lease, Rent and Eviction Control) Act, 1982 (hereinafter referred to as the 'said Act') for a direction to the defendant-opposite party for payment of arrears of rent from the date of initiation of the suit, The aforesaid suit was filed by the plaintiff-petitioner for a decree of eviction by the defendant from the building premises which is the subject matter of the suit, 2. The plaintiff's case, inter alia, was that the building premises originally belonged to Mr. Sonny Suleman Affal and the defendant-opposite party was a tenant in respect of the said building under him on payment of monthly rent of Rs. 200/-. The plaintiff purchased the building from Mr. Sonny Suieman Afzal by vir...
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