Patna Court August 1997 Judgments
Bhajanka Cold Storage Vs. Oriental Fire and General Insurance Co. Ltd. ...
Court: Patna
Decided on: Aug-22-1997
Gurusharan Sharma, J.1. According to the plaintiff-appellant herein the stock of potato and potato seeds of Bhajanka Cold Storage, Pahari, Patna, during the period November 22, to November 28, 1974, stood insured under banking arrangements with the Central Bank of India, New Dak Bunglow Road, Patna, the respondent No. 2 herein with the Oriental Fire and General Insurance Company Limited, respondent No. 1 herein under various insurance policies against destruction or damage caused by the change of temperature resulting from total or partial destruction or disablement by fire of the refrigeration plant and any accident to the refrigerating apparatus in the two chambers of the cold storage.2. There occurred an accident of machinery breakdown of the refrigerating apparatus in chamber No. 2 of the cold storage by sudden burst of the associated pipe resulting in leakage of refrigent ammonia gas with the result the potatoes stored therein were charred. The said loss and damage was assessed ...
Tag this Judgment!Dharam Chand JaIn Vs. State of Bihar and anr.
Court: Patna
Decided on: Aug-21-1997
Dharmpal Sinha, J.1. Heard learned counsel for the petitioner as also learned counsel for the opposite party No. 2.2. In this petition filed under Section 482 of the Code of Criminal Procedure (for short 'the Code'), the petitioner has made a prayer for quashing the entire proceeding pending in the Special Court of Economic Offences, Muzaffarpur, bearing Complaint Case No. 27 of 1992 filed under Sections 276C and 277 of the Income-tax Act, 1961 ('the Act').3. The necessary facts for disposal of this petition may briefly be stated as follows : The petitioner is an assessee to income-tax and a return was filed before the assessing authority on August 8, 1990, showing income of Rs. 87,240 only under the signature of one Mahabir Prasad Jain. This was for the assessment year 1989-90. After the filing of this return on August 8, 1990, a questionnaire was served on behalf of the Income-tax Department on October 5, 1990. According to the petitioner, in the course of finalising the reply to t...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Radha Devi and ors.
Court: Patna
Decided on: Aug-21-1997
Lok Nath Prasad, J.1. This appeal is directed against the judgment dated 8.5.1996 passed by 1st Addl. District Judge, Dhanbad-cum-Motor Accidents Claims Tribunal, thereby and thereunder a sum of Rs. 50,000 less the amount already paid along with interest at the rate of 10 per cent per annum from the date of application was awarded to the claimants as against the insurance company.2. The fact in short for the purpose of this appeal is that on 10.10.1987 Nagesh-war Bishwakarma, father of the deceased Ganga Prasad, and the deceased were going to shop for purchasing household materials but near Durga Mandir, Panch-garhi Bazar under Katras P.S. an Ambassador car bearing registration No. BHR 367 came with speed and the driver who was driving the vehicle rashly and negligently dashed against the deceased who was aged 7 years or so and that he died due to this accident. The claimants who are the parents of the deceased preferred aforesaid claim case as against the insurance company who is app...
Tag this Judgment!Dharam Chand JaIn Vs. State of Bihar and anr.
Court: Patna
Decided on: Aug-21-1997
Dharmpal Sinha J.Heard learned counsel for the petitioner as also learned counsel for the opposite party No. 22. In this petition filed under section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code"), the petitioner has made a prayer for quashing the entire proceeding pending in the Special Court of Economic Offences, Muzaffarpur, bearing Complaint Case No. 27 of 1992 filed under sections 276C and 277 of the Income Tax Act, 1961 (hereinafter referred to as "the Act").3. The necessary facts for disposal of this petition may briefly be stated as follows : The petitioner is an assessee to income-tax and a return was filed before the assessing authority on 8-8-1990, showing income of Rs. 87,240 only under the signature of one Mahabir Prasad Jain. This was for the assessment year 1989-90. After the filing of this return on 8-8-1990, a questionnaire was served on behalf of the Income Tax Department on 5-10-1990. According to the peti...
Tag this Judgment!Brigadier Ravi Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-19-1997
M.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for issuance of appropriate writ in the nature of mandamus commanding upon the respondents to grant permission to the petitioner for construction of commercial complex over the land bearing Plot No. 310, Khata No. 218 situated at Doranda, Ranchi.2. The petitioner claims himself to be the first defence personnel from Bihar who has been awarded the National Gallantry award of 'VIR CHAKRA' by the President of India for his bravery in Indo Pak War in 1971. It is stated that the Government of Bihar on appreciation of the act of bravery of the petitioner allotted 30 Dec. of land for construction of residence at Ranchi in the year 1979 (at Booty) for which a lease deed was registered, but possession could not be given to the petitioner due to non-removal of encroachment. Again, the State of Bihar leased out another piece of plot in Deepa Toli to the petitioner in the year 1982, but possession of the said land was not delive...
Tag this Judgment!Ranchi Timber Traders Association and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-19-1997
Nagendra Rai, J. 1. The petitioners have filed the writ application for quashing the notification of the State Government dated 9-10-1996, a copy of which has been annexed As Annexure-4 to the writ application, by which Sub-rule 3 of Rule 3 of the Bihar Timber and other Forest Produce Transit Rules, 1973 (hereinafter referred to as the Transit Rules) has been deleted wherein exemption with regard to 10 varieties of timber from operation of Transit Rules was given and for a direction restraining the respondents from acting pursuant to and in furtherance of the Transit Rules against the petitioner No. 1 and the members of the petitioner No. 1 and also to restrain them from enforcing direction contained in letter dated 18-10-96 issued by the Range Officer Timber Depots Range Ranchi (respondent No. 5). Subsequently, by an amendment petition filed on 21-11-1996 they have challenged the vires of the Transit Rules aned also sought for declaration that the Transit Rules has been impliedly re...
Tag this Judgment!Union of India Vs. Dinesh Sahu Mahadeo Dresses
Court: Patna
Decided on: Aug-18-1997
S.N. Jha, J.1. This appeal under Section 23(1) of the Railway Claims Tribunal Act, 1987, is directed against judgment and order of the Railway Claims Tribunal, Patna Bench, dated 17.1.1996 allowing in part the claim of the respondent to the extent of Rs. 15,000.2. The respondent Dinesh Sahu Maha-deo Dresses, Rusera, filed application claiming compensation of Rs. 29,325 for non-delivery of one bag containing R.M. cloth. The appellant did not deny that the goods had not been delivered. It, however, denied its responsibility for non-delivery on the ground that the consignment contained excepted articles and the respondent had failed to give declaration of its value and pay the percentage charge as envisaged under Section 77-B of the Indian Railways Act, 1890 (in short 'the Act'). The Tribunal held that non-delivery is distinct from loss and does not fall within the ambit of Section 77-B of the Act. The railway is responsible for non-delivery of even excepted articles even though no decla...
Tag this Judgment!Shankar Ram and anr. Vs. State of Bihar
Court: Patna
Decided on: Aug-14-1997
R.N. Sahay, J.1. By judgment pronounced on 22.11.1995 in Session Trial No. 285/5 of 1994, the 2nd Additional Sessions Judge Bhabhua found Shankar Ram and Sheodas Kamkar guilty under Section 302, IPC and 27 Arms Act. Six other accused person, who were tried alongwith these two appellants under Section 302/149, 307/148, IPC and Section 27 Arms Act were not found guilty and acquitted. The Additional Sessions Judge passed sentence of death against Shankar Ram. Sheodas Kamkar was sentenced to imprisonment for life. Both the appellants have been convicted under Section 27, Arms Act but no separate sentence was awarded under this section.2. The Additional Sessions Judge has submitted the proceeding under Section 366, Cr. PC. The condemned convict has preferred appeal from Jail (Cr. Appeal No. 406 of 1995). Sheodas Kamkar has preferred separate appeal (Cr Appeal No. 379 of 1995).3. The appellants were tried for having shot dead Ramayan Singh, a retired military man on the night of 30th Octobe...
Tag this Judgment!Birendra Prasad and ors. Vs. Nagendra Narayan Singh Deo and ors.
Court: Patna
Decided on: Aug-12-1997
P.K. Deb, J.1. This Revision Petition has been filed against the long order dated 12.12.1996 passed by the 3rd Addl. District and Sessions Judge, Chaibasa in Title Appeal No. 26 of 1996 refusing to act on the petition filed under Order XLL Rule 5, C.P.C. r/w Section 151 of the C.P.C. for stay of the order of injunction passed and decreed in Title Suit No. 3 of 1988 which has been challenged in Title Appeal No. 26 of 1996.2. Regarding the maintainability of the petition under Order XLI, Rule 5 C.P.C. Mr. N.K, Prasad, appearing on behalf of the petitioner has fairly submitted that the Order XLI, Rule 5, CP.C. would not be applicable in the present circumstances of the case.3. The respondents had filed the above mentioned Title Suit No. 3 of 1988 for declaration of his title, confirmation of possession and also for permanent injunction in his favour and in favour of defendant Nos. 20 to 28. The suit was contested and according to the defendant-appellants, they are and were in possession ...
Tag this Judgment!Smt. Usha Devi Vs. Rajbanshi Rai and ors.
Court: Patna
Decided on: Aug-11-1997
S.N. Jha, J.1. This civil revision is by the plaintiff. He wanted correction as regards the name of the village in the decree. Petition filed to that effect under Section 152 of the Code of Civil Procedure was rejected by the Court below earlier on 6.9.95. He then filed similar application under Section 151 of the Code. The petition has been rejected by the impugned order.2. From the petition filed in the Court below seeking amendment it appears that the petitioner wanted to mention village 'Shobhapur' in place of 'Maulnapur'. According to him wrong village had been mentioned in the plaint, as a result of which the mistake occurred in the decree.3. I am satisfied that the case comes within the purview of Section 152 of the Code. The Court below, therefore, ought to have allowed the amendment at the first instance itself. The orders dated 6.9.95 and 24.4.96 are set aside. The Court below is directed to pass fresh order.4. The application is allowed....
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