Patna Court April 1997 Judgments
Oriental Insurance Co. Ltd. Vs. Bhagirath Bhagat and ors.
Court: Patna
Decided on: Apr-17-1997
P.K. Deb, J.1. This appeal has been preferred against the judgment and award passed by the Judicial Commissioner-cum-M.A.C.T. in Compensation Case No. 82 of 1984 whereby and whereunder compensation to the tune of Rs. 59,000 with interest at the rate of 12 per cent per annum from 3.11.1984 had been awarded and the amount was directed to be deposited with interest within three months next, in failure of which interest had been enhanced to 18 per cent per annum till the date of recovery.2. One Shanti Devi, wife of claimant-respondent No. 1, Bhagirath Bhagat and the mother of the other minor claimants-respondents met with accident on 14.8.84 while she was travelling in a Trekker bearing No. EPN 8967 from Lohardaga to Ranchi. On the way, the accident took place. Shanti Devi sustained injuries and died on the spot. Shanti Devi was managing a business of her own of kolhu in the name and style of Power Ghani Tel Udyog and she was having an income of Rs. 1,000 per month. After the accident, an...
Tag this Judgment!Heavy Engineering Corporation Ltd. Vs. Footwear and Footwear and anr.
Court: Patna
Decided on: Apr-15-1997
Prasun Kumar Deb, J.1. This appeal has been preferred under Section 39(vi) of the Arbitration Act, 1940, by the above named defendant-appellant against the order dated 6.11.93 passed by the Sub-Judge, 1st, Ranchi, in Miscellaneous Case No. 3 of 1989, whereby the award published by the Arbitrator has been aside on the move being made by the Respondent No. 1 under Section 30 of the Arbitration Act.2. The admitted facts of the case are that the claimant respondent No. 2 was carrying on business in proprietorship in the name and style of M/s. Footwear and Footwear for the manufacture of safety boots and safety shoes. The appellant defendant Heavy Engineering Corporation (hereinafter referred to as 'H.E.C.') invited a tender for supply of ten thousand pairs of safety shoes of particular specification and against that tender, the claimant had submitted its rate and after negotiation respondent No. l's tender was accepted and the rate of each pair of shoes was fixed at Rs. 34.70 paise. As pe...
Tag this Judgment!Bachandeo Rai and ors. Vs. Ram Naresh Rai and ors.
Court: Patna
Decided on: Apr-13-1997
S.J. Mukhopadhya, J.1. The appellants-petitioners have challenged the judgment and order dated 14th of February, 1984 passed by learned 1st Additional district Judge, Gopalganj in Misc. Appeal No. 52/84 and 35/87. By the impugned judgment the appellate Court affirmed the order dated 12th of May, 1984 passed by the learned Munsif, Gopalganj in Misc. Case No. 12/82.2. The plaintiff-opposite party No. 1 filed Money Suit No. 211 of 1974 against one Swami Nath Rai, defendant-Opposite Party No. 2 and his donees, i.e. defendants-Opposite Party Nos. 3 to 5. Thereafter the plaintiff-opposite party No. 1 filed an application under Order XXXVIII, Rule 5 of the Code of Civil Procedure for attachment of the property of the defendants. An order was passed by the trial Court on 19th of December, 1974 for attachment of the property, which was confirmed.3. According to the appellants-petitioners, such order dated 19th of December, 1974 was so passed without complying the provision and procedure of Sub...
Tag this Judgment!Ambika Construction Vs. Income-tax Officer and ors.
Court: Patna
Decided on: Apr-11-1997
1. In this writ petition under Article 226 of the Constitution, the petitioner, Ambika Construction, a partnership firm, has prayed for quashing the order of the Income-tax Officer, dated November 18, 1996 (annexure-3 series), under Section 143(1)/184 of the Income-tax Act and to declare that the effect of the Central Board of Direct Taxes Circular No. 737 (see : [1996]218ITR97(All) ), dated February 23, 1996, cannot be applied retrospectively so as to take away the petitioner's right duly accrued under the provisions of the Central Board of Direct Taxes Circular No. 684 (see [1994] 208 ITR 8), dated June 10, 1994, contained in annexure-2. 2. It is contended that the assessment order itself would indicate that the case was selected for scrutiny under Section 44AD of the Act. The petitioner, therefore, explained and submitted a return as per Circular No. 684 (see [1994] 208 ITR 8), (annexure-2). But at the time of final order dated November 18, 1996, contained in annexure-3 the respond...
Tag this Judgment!The State of Bihar Vs. Purshotam Lal Kejriwal and anr.
Court: Patna
Decided on: Apr-11-1997
Narayan Roy, J.1. This revision application is directed against the order dated 27.11.1990 passed by the Special Judge, (E.C. Act), stopping the proceeding against the opposite party Nos. 1 and 2 exercise of her power under Section 258 of the Code of Criminal Procedure (hereinafter referred to as the 'Code').2. The short facts giving rise to this application are as under:On 2.2.1984, a first information report was lodged by the District Panchayat Raj Officer, Ranchi before the Officer-in-charge Kotwali Police Station, Ranchi, stating therein, inter-alia, that the godown situate in Upper-Bazar in the town of Ranchi allegedly belonging to the opposite party Nos. 1 and 2 was inspected and many of the irregularities were found including that of violation of display order, non-maintenance of registers and carrying on business in a godown not incorporated in the licence of the opposite party Nos. 1 and 2 for dealing in wholesale business of edible oil Banaspati and Sugar.3. Accordingly, a c...
Tag this Judgment!Vikas Kumar Singh and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-10-1997
S.K. Chattopadhaya and M.Y. Eqbal, JJ.1. In this writ application, the petitioners have prayed for quashing the notification dated 1.3.1997 issued by the respondent No. 3, the Asstt. Commissioner of Excise, Ranchi for auction of foreign liquor shop of the petitioner namely Hinoo No. 1 and Hatia. A copy of the said notification is Annexure-6 to the writ application. The petitioners shave also challenged the condition No. 4 of the sale notification as being illegal, arbitrary and without jurisdiction. The petitioners, further prayed for a direction to the respondents to grant renewal of their licence for the year 1997-98 as petitioners are holding current licence for their foreign liquor shop.2. The facts of the case, in brief, as stated by the petitioners are as follows--3. The petitioners were granted licence under the Excise Act for Indian made foreign liquor for the year 1996-97, They received notices dated 26.12.1996 from respondent No. 3 whereby they were informed that if they wan...
Tag this Judgment!Ramdeo Rai (Deceased) Vs. Kapildeo Singh and anr.
Court: Patna
Decided on: Apr-09-1997
O.N. Asthana, J.1. This is the first appeal against the judgment and decree dated 27th February, 1976 passed by Sub-Judge, Siwan in Title Suit No. 405 of 1972, where the trial Judge dismissed the suit of the plaintiff.2. The plaintiff-appellant filed the suit for declaration that the plaintiff is owner of the properties given in Schedules 1 and 2 of the plaint and that the defendsints have got no right, title and interest.3. The case of the plaintiff is that the plaintiff is owner and is in possession of these properties; that the agricultural land given in Schedule A is fertile and gives the yield of Rupees eighty thousand in two years; and the plaintiff and his wife are living and their children died at an early age, and the plaintiff is an illiterate man of 60 years of age with no issues; that the defendants and their associate Mohan Lal live in the house close to the house of the plaintiff and they had been visiting the plaintiff often, and the plaintiff had full faith in the defe...
Tag this Judgment!National Insurance Co. Ltd. Vs. Yashoda Devi and ors.
Court: Patna
Decided on: Apr-04-1997
B.P. Sharma, J. 1. This appeal arises out of a judgment and award passed by the District Judge-cum-Motor Accidents Claims Tribunal, Muzaffarpur on 23.8.1994 and the date of award is 3.9.1994. By the judgment and award in question the learned court below granted Rs. 1,20,000 as compensation to the claimant along with interest at the rate of 18 per cent per annum on account of death of Pradeep Shukla, a driver of tanker bearing registration No. BRJ 6366. The compensation was awarded against the National Insurance Co. Ltd., which was insurer of vehicle bearing registration No. BHE 1932. However, the Tribunal has also directed the National Insurance Co. Ltd. to pay Rs. 7,500 to the United India Insurance Co. Ltd. as the company has paid Rs. 15,000. Being aggrieved by the judgment and award the National Insurance Co. Ltd. has filed this appeal.2. The facts of the case in brief are like this. It is said that on 9.2.1988 the vehicle, namely, a tanker bearing registration No. BRJ 6366 owned ...
Tag this Judgment!Thakur Mahto and ors. Vs. Jira Devi @ Jiro Devi and anr.
Court: Patna
Decided on: Apr-04-1997
Dharampal Sinha, J.1. Heard learned Counsel for the petitioners as also counsel for the opposite parties.2. In this revision petition the petitioners, who were defendants in Title (Partition) Suit No. 31 of 1990, pending in the Court of Sub-ordinate Judge I. Biharsharif, have assailed an order dated 2.12.1995, passed by the learned Subordinate Judge, whereby he has allowed a petition filed under Order VI, Rule 17 of the Code of Civil Procedure by the plaintiffs proposing some amendments in their plaint.3. The amendment petition had been filed on 8.11.1995 proposing amendment, as appears from the copy of the petition for amendment annexed as Annexure-1 to this revision petition, which was mainly related to some facts constituting fraud in the execution of a deed of gift and a deed of sale. The plaintiffs had filed title suit for partition and the defendants-petitioners herein had filed their written statement on 4.9.1992, in which they had taken stand that some of the subject matter of...
Tag this Judgment!Brij Mohan Agarwalla (Kathuria) Vs. Smt. Narmada Devi
Court: Patna
Decided on: Apr-02-1997
O.N. Asthana, J.1. This is the first civil appeal against the judgment and decree of Additional Subordinate Judge I, Dhanbad dated 19th December, 1972 in Title Partition Suit No. 19 of 1969 where the Trial Court Judge dismissed the claim of the plaintiff-appellant.2. The plaintiff-appellant filed the suit for the partition in respect of three houses and the apportenant land described in Schedule A claiming half share.3. Late Ram Dayal Agrawal, a Hindu governed by Mitakshra School of Hindu Law was married to Mukhi Bai @ Mukhda Sethani, and as Ram Dayal had no issue he adopted Radha Krishna Agrawal as his son. Ram Dayal Agrawal died in 1919 A.D. The son Radha Krishna Agrawal was married to Smt. Murli Sethani. Radha Krishna Agrawal died in the year 1939 A.D., and Mukhi Bai died later on in 1949 A.D. Radha Krishna Agrawal had two daughters Panna Devi and Narmada Devi and this Narmada Devi is the defendant-respondent in the case. She is married to Jai Narain Ritolia. Smt. Panna Devi died i...
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