Patna Court September 1997 Judgments
Shankar Dayal Pandey and anr. Vs. Ramesh Prasad
Court: Patna
Decided on: Sep-26-1997
Gurusharan Sharma, J.1. In a motor vehicle accident dated 8.12.1990, one Ranjit Kumar a police affected son of the sole respondent, Ramesh Prasad dashed and crushed by a tracker (CHK 2868) belonging to the appellants. Ranjit Kumar died in course of treatment.2. The Motor Vehicle Claim Case No. 15 of 1991 was filed by father of the deceased, within statutory period, as provided under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'). However, a petition under Section 140 of the Act was filed on 16.12.1993 i.e., much after the expiry of the period of limitation, as provided under Section 166(3) of the Act.3. By the impugned order and award the tribunal on the said petition asked the appellants-owner of the vehicle involved in the accident in question to pay a sum of Rs. 25,000/- to the claimants by way of interim compensation.4. In Oriental Insurance Company Ltd. v. Mohiuddin Kureshi @ Md. Moya and Ors. (1994) 1 PLJR 79, a Division Bench of this Court he...
Tag this Judgment!Ashirvad Enterprises and ors. and L.N. Poddar Vs. State of Bihar and a ...
Court: Patna
Decided on: Sep-26-1997
Naresh Kumar Sinha, J.1. Both the applications, Criminal Miscellaneous No. 4307 of 1992 and Criminal Miscellaneous No. 5025 of 1992, under Section 482 of the Code of Criminal Procedure seek quashing of the criminal prosecution of the petitioners including the order dated February 27, 1992, taking cognizance under Sections 276C and 277 of the Income-tax Act, 1961, in Complaint Case No. 50 of 1992 pending before the Special Court (Economic Offences), Muzaffarpur. Since a common question of law has been raised, the applications have been heard together and are being disposed of by this common judgment.2. Ashirvad Enterprises is a registered firm. The firm and its partners are the petitioners. A complaint was filed on February 27, 1992, by the Assistant Commissioner of Income-tax (O. P. No. 2), alleging that the petitioners had wilfully attempted to evade tax, interest or penalty chargeable or imposable under the Income-tax Act, (hereinafter the 'Act'), by deliberately concealing the accu...
Tag this Judgment!Ram Harsh Das Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-26-1997
Nagendra Rai, J.1. In both cases, some of the points involved are common and as such they have been heard together and are being disposed of by this common judgment.2. The petitioner in Cr. Misc. No. 7878 of 1996 is Ram Harsh Das and he has filed this application for quashing the order dated 12.4.1996, passed by the Special Judge, South Bihar, Patna in Crime No. R.C. 43/86, Special Case No. 79/86, taking cognizance under Sections 120B, 420, 409, 477A of the Indian Penal Code (in short 'I.P.C.') and 5(2), read with Section 5(1)(c) & (d) of the Prevention of Corruption Act, 1947, corresponding to Section 13(2), read with 13(2) (c) and (d) of the Prevention of Corruption Act, 1988.3. Ajit Dutt is petitioner in Cr. Misc. No. 13551 of 1996. Initially, he filed the application for quashing the order dated 14.6.1996, passed by the Special Judge, South Bihar, Patna, in Special Case No. 81 of 1986, R.G. Case No. 45/86, by which, he rejected the prayer of the petitioner to recall the warrant of...
Tag this Judgment!Sita Ram Mandal and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-25-1997
Aftab Alam, J.1. This writ petition has been filed on behalf of ten persons who claim Bataidari rights in respect of different pieces of land under respondents 5 to 7. Their claim, at the 1st instance, was rejected by the DCLR, Khagaria by order dated 2.11.91 (Annexure 3) in Bataidari Case No. 15/8990/22/90-91. An appeal against this order was rejected by the Addl. Collector, Khagaria by order dated 11.11.93 (Annexure 4) in Bataidari Appeal No. 16/91-92. This writ petition has been filed challenging these two orders.2. The petitioners filed applications under Section 48E of the Bihar Tenancy Act ('the Act', hereinafter) claiming Bataidari rights over different pieces of land under respondents 5 to 7. The respective pieces of land claimed by each of the petitioners have been described in detail in both the orders coming under challenge in this writ petition. The claims filed by the petitioners gave rise to Bataidari Case Nos. 15 to 24 of 1989-90. All the claims appear to have been cons...
Tag this Judgment!Uma Sabnavis and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: Sep-24-1997
Dharmpal Sinha, J. 1. In this petition, filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), the two petitioners have made a prayer for quashing of the criminal proceedings including the order, dated February 3, 1992, passed by the Sub-divisional Judicial Magistrate, Patna, whereby he has taken cognizance of the offence punishable under Section 36AD of the Banking Regulation Act, 1949 ('the Act' for short), and has directed issue of summons against them. 2. The facts necessary for disposal of this petition may briefly be stated as follows : Opposite party No. 2 filed a complaint petition (a copy of which is annexure 1 to this petition), wherein he stated, inter alia, that on October 1, 1991, he had gone to deposit in the Bank of India (Rajendra Nagar branch) a sum of Rs. 7,400 in his current account and on that day on the receipt counter of the bank, petitioner No. 2 (Ashok Kumar Mishra), a cashier in the bank was on duty and petitioner No. 1, Uma S...
Tag this Judgment!National Insurance Co. Ltd. Vs. Vijaya Devi and ors.
Court: Patna
Decided on: Sep-24-1997
Gurusharan Sharma, J.1. On 16.5.85, at about 6 p.m., while going on scooter, bearing registration No. BHI 9942, one J.D. Kumar, a resident of P and T Colony, Kidwaipuri, Patna was dashed by a bus, bearing registration No. BHI 9647, coming from the opposite direction, on account of rash and negligent driving of the driver of the bus, resulting into his instantaneous death.2. Vijaya Devi, Parwati Devi, Munna, Tunna and Raju being the widow, mother and the minor sons respectively of the deceased J.D. Kumar, jointly filed Claim Case No. 20 of 1985, before the Motor Accidents Claims Tribunal, Patna and had claimed compensation to the tune of Rs. 10,59,500, under the provisions of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act').3. At the time of the accident and death J.D. Kumar was 31 years old and was working as Executive Officer in the Bihar State Credit Investment Corporation and was getting a salary of Rs. 2,431 per month.4. The said bus belonged to the Bihar State...
Tag this Judgment!National Insurance Co. Ltd. Vs. Presiding Officer, Labour Court and or ...
Court: Patna
Decided on: Sep-24-1997
M.Y. Eqbal, J.1. By this writ application, the petitioner National Insurance Co. Ltd. has challenged the order dated 22.11.85 passed by the Presiding Officer, Labour Court, Bokaro Steel City, Dhanbad, in Workmen's Compensation Case No. 24 of 1982 whereby it was held that the petitioner is equally responsible to make payment of compensation amount for the death of Durga Ram, driver of vehicle, who died during the course of his employment.2. The facts of the case are not much in dispute. The deceased Durga Ram was employed by the owner of the vehicle No. WBQ 9491 as the driver. It appears that the deceased Durga Ram and the cleaner Deolal Ram were murdered by some criminals on the way while they were transporting diesel (a petroleum product) from Dhanbad to Bokaro. The dead bodies were recovered from the driving cabin of the truck-lorry No. WBQ 9491. The truck-lorry was found near Khakikala Nulla on Dumri-Bermo Road in the shape of an accident. The dependants of the deceased Durga Ram ...
Tag this Judgment!Mohd. Wakil Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-24-1997
M.Y. Eqbal, J.1. In this writ petition, the petitioner has prayed for issuance of appropriate Writ commanding upon the respondents to pay all the retrial benefits, i.e. full pension, gratuity, General Provident Fund (GPF), Group Insurance, leave encasement etc. on account of superannuation of the petitioner on 31.1.1997. A further prayer has been made for quashing the departmental proceeding which has been initiated against the petitioner by order dated 13.2.1997 under Rule 43 (b) of the Bihar Pension Rules (hereinafter to be referred to as 'the Rules' for short).2. According to the petitioner he retired on 31.1.1997 while working as Village Level Worker in the Burmu Block, Ranchi. Further, the petitioner has submitted all the papers before his retirement, but even after lapse of six months no payment has been made, except 75% of the provisional pension which was paid in the month of May, 1997.3. The petitioner earlier filed CWJC No. 3568 of 1995 (R) praying for grant of 2nd time boun...
Tag this Judgment!National Insurance Co. Ltd. Vs. Debrat Kumar and ors.
Court: Patna
Decided on: Sep-24-1997
Guru Sharan Sharma, J.1. The only point which arises for consideration in this appeal is as to whether in view of the finding recorded by the Tribunal in the impugned judgment/order that the insurer was not liable to meet the claim of compensation, it was the owner of the vehicle, who was liable to pay the entire compensation to the claimants.2. In the impugned award, the National Insurance Co. Ltd., Chamdoria Branch, Patna, has been directed to indemnify the claimants with the compensation amount of Rs. 1,77,140 on account of death of one B.B. Narain in the accident by the scooter owned by respondent No. 1 herein, which was being driven by respondent No. 2 at the time of accident.3. It is not in dispute that respondent No. 2 was driving the scooter in question at the time of accident with the permission of its owner, respondent No. 1. Respondent No. 2 had no driving licence under the Act. This fact was known to the respondent No. 1.4. On the basis of evidence on record, the Tribunal...
Tag this Judgment!Abijit Ganguly Vs. Md. Jalaluddin, Iii Subordinate Judge and anr.
Court: Patna
Decided on: Sep-23-1997
B.M. Lal, C.J. and S.K. Chattopadhyaya, J.1. This Letters Patent Appeal is directed against the order dated 28-2-97 passed by the learned Single Judge whereby he has dismissed the writ petition holding that the same is not maintainable.2. The appellant has approached the Court against the judgment and decree dated 9-12-96 passed by the Subordinate Judge in a regular Title Suit No. 167/64 of 1996.3. Against the above said order, the appellant instead of taking recourse to the procedures prescribed under the Code of Civil Procedure, has invoked the jurisdiction under Article 226 of the Constitution.4. In our considered opinion, the appellant has abused the process of the law. This Court can not be converted into a Civil Court for entertaining such matters. The Apex Court in a decision in the case of Durga Prasad v. Naveen Chandra and Ors. reported in : [1996]3SCR209 has held that the procedures prescribed under the Code of Civil Procedure can not be by passed and that in such matter wri...
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