Patna Court March 1997 Judgments
Associated Cement Companies Ltd. Vs. Bihar State Electricity Board and ...
Court: Patna
Decided on: Mar-14-1997
N. Rai and M.Y. Eqbal, JJ.1. In this writ application, the petitioner seeks declaration that clause 15.3 (f) of the Bihar State Electricity Board Tariff Notification dated 23.6.1993 is ultra vires to the provisions of Sections 49 and 59 of the Indian Electricity Act. The petitioner has also prayed for quashing of the demand raised by the Electrical Superintending Engineer, Chaibasa, as contained in Memo No. 262 dated 3.3.1995 whereby the petitioner company has been directed to deposit in cash or by an account payee bank draft in favour of the respondent No. 1 Board the balance of security deposit of Rs. 1,09,05,120/-. A further prayer has been made for direction upon the respondent Board to accept the security in the shape of bank guarantees which were furnished by the petitioner for the sum of Rs. 1,05,14,000/- and were renewed upto December, 1995.2. The brief facts of the case are as under:3. The petitioner is a company registered under the Indian Companies Act, 1956 and has establi...
Tag this Judgment!Bhagwati Prasad Jalan Vs. Smt. Prem Lata Devi Kedia and ors.
Court: Patna
Decided on: Mar-14-1997
M.Y. Eqbal, J.1. The important question involved in this civil revision application is whether the plaintiff seeking a decree fro specific performance of contract would be entitled to amend the plaint by inserting an alternative relief of refund of money even at the stage where such relief become barred by limitation.2. The plaintiff-petitioner filed Title Suit No. 101 of 1992 in the court of the subordinate Judge, Ranchi, against the opposite parties claiming a decree for specific performance of contract and for a direction to the opposite parties to execute and register the sale deed in his favour. The said suit was instituted by filing a plaint on 5.2.1992. According to the plaintiff, one Ghisu Lal Jain acting as an agent and broker on behalf of Ram Narain Kedia, father-in-law of defendant No. 1, entered into an agreement for sale of 4 Kathas of land out of Municipal Survey Plot No. 1598 for a sum of Rs. 16, 000/- and on receipt of Rs. 5, 000/- as advance on 14.1.1980 besides Rs. 5...
Tag this Judgment!Bhaskar Mitra and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-13-1997
Narayan Roy, J.1. Heard counsel for the parties.2. By this application under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing the entire criminal prosecution including order taking cognizance dated 24.7.1992 for the offence under Sections 498A, 323, 341 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act.3. Short facts given rise to this application, are as under:Opposite party No. 2 Smt. Tripti Mitra, wife of petitioner No. 1 filed, a complaint being Complaint Case No. 123 of 1992 before the Chief Judicial Magistrate, Giridih stating therein, inter alia that her marriage was solemnised according to Vedic and Hindu religious rites on 19.2.1988 with Bhaskar Mitra, accused No. 1 and after some time the accused persons started demanding heavy cash under duress she wrote letter to her brother to fulfill the demand of the accused persons and accordingly her brother paid a sum of Rs. 3, 000 and again a sum of Rs. 5, 000 to the acc...
Tag this Judgment!Manoj Kumar Saraika Vs. Ramesh Sahu and ors.
Court: Patna
Decided on: Mar-12-1997
Prasun Kumar Deb, J.1. This Civil Revision application has been directed against the judgment and decree dated 4.6.1996 passed by Shri S.K. Srivastava, Munsif, Ranchi, in Eviction (Title) Suit No. 14 of 1995 under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter to be referred to as 'the Act').2. The suit premises consists of a shop situated in the building comprised in M.S. Holding Nos. 1027 and 1097 within Ward No. II (old), present Ward No. VIII of Ranchi Municipal Corporation at Buchar Gali, Ranchi. The suit is based on a deed of settlement of the suit premises between the parties. According to the plaintiffs, although the deed dated 14.2.1990 has the nomenclature of usufructuary mortgage. It is a lease deed for all practical purposes and on the basis of the same, the defendant has been inducted as a tenant in the shop house on a monthly rental of Rs. 1000/- per quarter. By the deed, advance of Rs. 20,000/- has been taken from the defenda...
Tag this Judgment!Tata Iron and Steel Co. Ltd. Vs. Tarkeshwar Singh and ors.
Court: Patna
Decided on: Mar-12-1997
Prasun Kumar Deb, J.1. This Civil Revision application has been preferred against the order dated 24.9.1996 passed by the Munsif, Jamshedpur, in Title Suit No. 13 of 1993 whereby and whereunder the learned court below has rejected the application filed by the defendant-petitioner on 15.12.1995 for hearing on leave matter under Section 91(1)(b) of the Code of Civil Procedure.2. The opposite parties as plaintiffs filed the above-mentioned suit along with ah application seeking leave under Section 91(1)(b) of the Code of Civil Procedure for removal of the alleged public nuisance alleged to have been committed by the petitioner on a portion of the passage/road provided around Bada Kudar Lake within the Jubilee Park.3. In the suit notice was issued to the defendant to show cause and the trouble started. On issuance of such notice from the Court's end, the defendant appeared and filed objection against the petition for leave of the Court but, in the meantime, there was another petition file...
Tag this Judgment!Harilal Sah and ors. Vs. Kedar Nath Sah and ors.
Court: Patna
Decided on: Mar-12-1997
P.K. Sarin, J.1. This criminal revision application is directed against the judgment and order dated 18.3.1989 passed by Sessions Judge, Katihar, in Cr. Appeal No. 17 of 1987 dismissing the said appeal and affirming and upholding the judgment and order dated 30.3.1987 passed by Judicial Magistrate, Katihar, in CA No. 428 of 1982Tr. No. 434 of 1987. The learned magistrate had convicted the petitioners under Sections 144 and 379 of the Indian Penal Code. However, instead of sentencing them he ordered them to he released on probation on execution of probation bonds of Rs. 2,000/- (Rupees two thousand) with two sureties of the like amount for two years to maintain peace and good behaviour.2. It appears that the Trial proceeded on a complaint lodged by Kedar Nath Sah, the opposite party No. 1 alleging that plot No. 1554 and 1555 situated at Mauza Amirpur Hasda under Korha Police Station, district Katihar was attached under Section 146(1) of the Code of Criminal Procedure (hereinafter refer...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Krishna Devi and ors.
Court: Patna
Decided on: Mar-11-1997
P.K. Deb, J.1. This appeal has been preferred against the award of compensation granted by the Claims Tribunal-cum-District Judge, Singhbhum at Chaibasa, in Compensation Case No. 42 of 1983.2. The son of claimants-respondents Krishna Devi and Puranmal Sharma, namely, Madan Mohan Sharma, aged 27 years was a Professor in the Department of Commerce in Singhbhum College at Chandil under the Ranchi University. At the time of accident, he was getting Rs. 1,500 per month. On Sunday, i.e., 4.9.983, while he went to the house of Mr. M.C. Sharma, Advocate, for some urgent work and the next morning, he left for Chandil to join his duty, he boarded the bus, namely, Annapurna Bus bearing registration No. BRS 8306 owned by Annapurna Shikshit Berojgar Motor Paribahan Sahyog Samiti. On the way to Chandil when the above bus was crossing the bridge on Kuju river, it fell into the flooded river and was washed away with its passengers. Search was made and eventually the dead body of Madan Mohan Sharma w...
Tag this Judgment!Anchlik Bhasha Vikash Samittee and ors. Vs. Chancellor, Ranchi Univers ...
Court: Patna
Decided on: Mar-11-1997
Prasun Kumar Deb, J.1. The admitted position remains in the case is that for advancement and development of the regional and tribal languages in the University level on the principles of Constitution of India for its development in the year 1969, Nagpuria Bhasha Parishad met in a delegation to the vice-Chancellor of Ranchi University and impressed upon him to introduce regional and tribal languages in the University. The Chotanagpur area of the State of Bihar is mainly inhabited by the tribal people more specially the original district of Ranchi which is now bifurcated in three districts, namely, Ranchi, Lohardaga and Gumla. These inhabitants whose language, culture and scripts are altogether different than the main stream of India. By industrial progress and its impact on the society, it was necessitated the migration of different race, cashes and communicates communities who then settled down in this place but inspite of such progress, the identity, languages and culture of the Sche...
Tag this Judgment!Ambika Prasad Vs. Ranki Tirkey and ors.
Court: Patna
Decided on: Mar-11-1997
Prasun Kumar Deb, J.1. This appeal has been preferred against the order dated 5.6.1995 passed by the Motor Accident Claims Tribunal cum-3rd Additional District Judge, Chaibasa, in Compensation Case No. 92 of 1990 whereby the application filed by the applicant-respondent No. 1 under Section 140 of the Motor Vehicles Act has been allowed and the appellant has been directed to pay a sum of Rs. 25,000/- as an interim compensation.2. The short point involved in this appeal is with regard to the limitation. The applicant Ranki Tirkey filed Compensation Case No. 92 of 1990 on account of the death of her husband who died in the motor vehicle accident on 2.5.1990 while he was travelling from Gua to Manoharpur. During the pendency of the claim case, a petition was filed on 22.1.1994 under Section 140 of the Act for payment of interim compensation under no fault liability. The petition has been filed definitely beyond the period of three years from the date of accident and the amendment of the A...
Tag this Judgment!Mangal Charan Oran and anr. Vs. State of Bihar
Court: Patna
Decided on: Mar-10-1997
Narayan Roy, J.1. The appellants have been convicted under Sections 263 and 366 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six years under each count. However, the sentences were directed to run concurrently.2. The prosecution case briefly stated is that on 13.12.1985, Anjali Oraon, PW 5 aged about 14 years and Binoti Oraon, PW 1 aged about 13 years were returning from the School and at about 4 p.m. when they lad reached Kuliadih, a motor vehicle was parked by the side of the road and no sooner they had reached near the vehicle, both the appellants caught hold of Anjali Oraon, PW 5 and at the point of dagger and pistol took her in the motor vehicle where her mouth was pressed with clothes and they took her on the vehicle in question. Binoti Oraon, PW 1 came to her village and informed Fanibhushan Oraon, PW 2 about the occurrence and, accordingly, Fanibhushan lodged a first information report before the Chandil Police Station against the appellants and ...
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