Patna Court September 1997 Judgments
Gunanand Sah Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-23-1997
Nagendra Rai, J.1. Heard2. Present application has been filed for quashing the prosecution under Section 447 of the I.P.C. It appears that the C.J.M. by order dated 24.8.95 took cognizance under Section 447 of the I.P.C. in Araria P.S. Case No. 85/93. Petitioner challenged the same before the Sessions Judge in Cr. Revision No. 442/94 and the same revision application has been dismissed by order dated 20th February, 1997 by the Vth Additional Session Judge, Purnea. Opposite Party No. 2 Ram Ratan Bhagat lodged a First Information Report according to which the land in question belonged to him. He had given the same over which there were some temporary construction on rent to the petitioner. The construction made over the land was damaged during the communal disturbances. Thereafter, the accused again constructed a temporary hut and occupied the same. The police on the basis of the said statement, registered a case under Section 447 of the IPC. However, after investigation, police submitt...
Tag this Judgment!Tunu Choudhary Vs. Union of India (Uoi)
Court: Patna
Decided on: Sep-18-1997
Gurusharan Sharma, J.1. This appeal under Section 23 of the Railway Claims Tribunal Act, 1987 has been preferred by the claimant-appellant against the order dated July 31, 1991 of the Railway Claims Tribunal, Patna, dismissing the claim application of the claimant-appellant.2. On June 25, 1990, Tunu Choudhary, the claimant, a resident of Mohalla-Balwatikar, Police Station of Daltanganj, District-Palamau alongwith his wife Malti Devi and three minor daughters, namely, Asha Kumar, Nilam Kumari and Jyoti Kumar boarded 1 Up Gaya-Garhwa-Road-Chuna Passenger train at Gomia railway station. The said ill-fated train met an accident at Mangra railway station, resulting into the death of one of the daughters, namely Jyoti Kumari alias Rinki Kumari.3. The appellant filed claim petition under Section 82A of the Indian Railways Act, 1890 for compensation for the death of his minor daughter Jyoti Kumari alias Rinki Kumari in the said accident.4. The railway administration in reply neither admitted ...
Tag this Judgment!Tata Nagar Agri. Tools (P) Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-17-1997
1. The petitioner, a limited company, has approached this Court with a prayer to quash the order dated 16.2.96, by reason of which its application for exemption of payment of tax has been rejected.2. For disposal of this application, some facts are necessary to be stated. The petitioner received raw material like iron and steel from Durgapur Steel Plant as well as local rolling mills for manufacturing the agricultural equipments namely, Powrah, Pick Axe, Crow bar and Shovel. The process of manufacturing has been detailed which is, according to the petitioner, being done through 13 processes. Annexing the chart showing the process flow from raw materials to finish product, the petitioner has asserted that it is manufacturing agricultural tools from raw materials namely, Iron and Steel. From the raw materials which are M.S. Flats and other pieces of iron and steel are required to be melted into the furnace and thereafter required-shapes are required to be given for the respective tools....
Tag this Judgment!Sri Ram Nath Ram Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Sep-17-1997
M.Y. Eqbal, J.1. In this writ petition, the petitioner has challenged the order dated 24.9.1996 by which he has been ordered to be prematurely retired from the service of the respondents, five years earlier than his actual date of superannuation. A copy of the impugned order has been annexed as Annexure 8 to the writ petition.2. The petitioner joined the services of the Central Industrial Security Force (hereinafter to be referred to as 'the CISF') in the year 1968 and according to him he had un-blemished career record throughout and at no point of time of his career he was accorded any adverse entry in his service record. The petitioner claims to have very serious in his duties, which he was doing honestly and sincerely and he was awarded on different occasions, several commendation certificates. In the year 1991, the petitioner was promoted by the President of India on the post of Assistant Commandant vide Notification dated 18.3.1991. Consequent to his promotion in the year 1991, t...
Tag this Judgment!Prabhu Chand Ram Vs. Union of India (Uoi) Through the General Manager, ...
Court: Patna
Decided on: Sep-17-1997
G.S. Sharma, J.1. On 16.4.1990, one bogie of 383 Up Mokama-Danapur passenger train was set ablaze between Gulzarbagh and Patna Junction railway stations as a result of which, the wife and minor daughter, namely, Sona Devi (32 years) and Indu Kumari (13 years), of the claimant, Prabhu Chand Ram of village Bakhtiyarpur, District Patna, who were travelling therein as bona fide passengers from Barh to Patna Junction lost their lives.2. On 17.8.1990, under Section 82A of the Indian Railways Act, 1890, the said Prabhu Chand Ram filed two separate applications for compensation for the accident in question before the Railway Claims Tribunal (hereinafter referred to as 'the Tribunal') Patna Bench. Those were registered as Application Nos. 46/D.A. II/D/1990 and 47/D.A. II/D/1990.3. In the meantime the Indian Railways Act, 1890, was repealed by the Railways Act, 1989, which came into force on 1.7.1990.4. By the impugned orders dated 13.12.1990 and 31.1.1991 respectively the aforesaid two claim a...
Tag this Judgment!Dhrub Narayan Singh and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-16-1997
M.Y. Eqbal, J.1. In this writ application, the petitioners have prayed for quashing the order dated 23.3.1978 passed by the Dy. Commissioner, Palamau, in purported exercise of powers under Section 45-B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, and also the order dated 30.12.86 passed by the Addl. Collector, Palamau, in Land Ceiling Case No. 64/1973-74 and the subsequent orders dated 2.11.1987 and 21.6.1987 passed by the Dy. Commissioner, Palamau, and the Member, Board of Revenue, Bihar, Patna.2. The brief facts of the case as stated by the petitioners are as follows:In the year 1973, a ceiling proceeding was initiated against the petitioners in Land Ceiling Case No. 64(5)/73-74 and notices were issued by the Land Reforms Dy. Collector, Palamau, in response whereof, the petitioners appeared and filed returns. The Deputy Collector, Incharge Land Reforms, by his order dated 22.3.75 declared that the petitioner No. 2 Pradeep Kumar @ Pradeep ...
Tag this Judgment!Md. Javed Imam Vs. Bibi Fatima Khatoon and ors.
Court: Patna
Decided on: Sep-15-1997
S.N. Jha, J.1. This civil revision is directed against order dated 30.1.97 summarily rejecting the objection filed by the petitioner under Section 47 of the Code of Civil Procedure (Misc. case No. 12 of 1996) on Execution Case No. 12 of 1995 in the Court of Subordinate Judge II, Patna.2. Counsel for the parties made detailed submissions on the merit of the case. Since the. Court below, did not go into the merit of the case and dismissed the objection as not maintainable, after noticing the submissions advanced on behalf of both the sides, and I am inclined to take view that the objection should be decided on merit, 1 refrain from setting out the facts of the case and the submission of the parties, and from making my own comments thereon.3. The Supreme Court has recently held that any cLalm or objection by third party should be adjudicated under Rule 97 of Order XXI of the Code of Civil Procedure. Reference may be made to Bhanwarlal v. Satyanarain : AIR1995SC358 and Babulal v. Raj Kuma...
Tag this Judgment!Tata Iron and Steel Company, Ltd. Vs. Shri R. Mittal, Sub-divisional M ...
Court: Patna
Decided on: Sep-15-1997
S.K. Chattopadhyaya and N.N. Singh, JJ.1. In this application the petitioner prays for directing the opposite parties to implement the order dated 11.4.1990 passed in Cr. W.J.C. No. 39/90 (R) and also for taking necessary action against the concerned authority under the provisions of contempt of Courts Act.2. This case has a chequered career and, as such, in order to appreciate the contentions of the parties, the factual backgrounds are required to be portrayed:The petitioner, Tata Iron & Steel Company (hereinafter referred to as 'Tisco') moved this Court in Criminal Writ Jurisdiction by filing Cr. W.J.C. No. 39/90 (R) with a prayer to issue a writ of mandamus commanding upon the Sub-divisional Magistrate, Dalbhum (shortly S.D.M.) and the officer incharge Golmuri Police Station for complying with the order dated 20.4.1987 passed by the S.D.M. himself by reason of which the said S.D.M. had directed restoration of possession of certain plots in Mouja Kalinath on the southern side of Nam...
Tag this Judgment!Ujjal Sing and Vs. Rajendra Kumar Kedia and ors.
Court: Patna
Decided on: Sep-11-1997
P.K. Deb, J.1. For last thirty years the parties are fighting for eviction of suit premises. Title Suit No. 1149 of 1968 was filed by the plaintiffs-appellants-respondents against the defendants-respondents-appellants on the plea of defaulter and on many other grounds.2. The plaintiffs' case was that Ram Narayan Kedia and Mohan Lal Kedia were the owner of the suit premises and the defendants-Ujjal Singh and his sons having a partnership firm took the suit house on rental but the defendants defaulted in payment of rent for the month of June and July, 1966 and also had sublet a part of the suit premises. It was the specific case of the plaintiffs that the defendants-tenant had neither paid nor tendered rent for the month of June and July, 1966 nor remitted the same by Money Order at any time before 21.9.1966. It was further alleged that the partnership which was constituted by Defendant Nos. 2 to 5 has introduced Defendant No. 6 as a tenant since January, 1955 which amounted to subletti...
Tag this Judgment!Shyam Prasad Agarwal and ors. Vs. Smt. Rani Bala Paul
Court: Patna
Decided on: Sep-11-1997
Prasun Kumar Deb, J.1. This civil revision application has been preferred under Section 14 (B) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (the Act) against the judgment and decree dated 28.2.1995 passed by the Munsif, Chaibase, in Eviction Suit No. 16 of 1993 in favour of the plaintiff-opposite party.2. The above-mentioned suit was filed by the plaintiff for eviction of the defendants on the bona fide necessity as contemplated under Section 11 (1) (c) of the Act for accommodating her two unemployed sons, namely Sapan Paul and Milan Paul for opening up the business for them. The suit premises originally belonged to the joint family of the plaintiff and her co-sharers Previously a partition suit was there between the co-sharers and the suit premises fall into the share of the plaintiff. The relationship of the landlord and tenant between the plaintiff and the defendants have not been denied. In the plaint it has been clearly stated that two sons of the plaintiff...
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