Patna Court September 1997 Judgments
Dr. Jagannath Mishra and ors. Vs. C.B.i. and ors.
Court: Patna
Decided on: Sep-10-1997
D.S. Dhaliwal, J.1. This order will also dispose of Cr. Misc. No. 11995/97 and Cr. Misc. No. 13123/97 as all the three applications for bail arise out of one and the same case, R.C. Case No. 20-A of 1996 (Special Case No. 22/96) for offences under Sections 409, 420, 467, 471, 477, 477A, 201, 511 read with 120 of the Indian Penal Code and Section 13(2) read with Sections 13(1) (c) and (d) of the Prevention of Corruption Act.2. The aforesaid criminal case was initially registered as FIR Case No. 12/96 of Police Station, Chaibasa, on the basis of a written report of Sri Amit Khare, the Deputy Commissioner, West Singhbhum, Chaibasa in respect to fraudulent withdrawals from the Government Treasury by the officials of Animal Husbandry Department, in pursuance of a criminal conspiracy of the accused persons named therein. Subsequently, a batch of the writ applications were filed in the High Court and in view of the orders passed therein and as modified by the Hon'ble Supreme Court in SLP (Ci...
Tag this Judgment!Rita Kumari and ors. Vs. Bhagirath Sao and ors.
Court: Patna
Decided on: Sep-09-1997
Gurusharan Sharma, J.1. On 17.10.78 at 10.45 a.m. there was a head-on collision of jeep bearing registration No. BRX 2579 and truck bearing registration No. ASU 4715 on National Highway No. 30 at village Hatia. Both the vehicles were being driven rashly and/or negligently. Two passengers of the jeep, namely, (1) Satendra Kumar Sinha, Assistant Godown Manager, Bihar State Food & Civil Supply Corporation, Biharsharif and (2) Amitabh Chandra Jha, Senior Sales Supervisor, Lucky Biscuit Company, Hajiganj, Patna City sustained severe injuries and died instantaneously.2. An F.I.R. of the aforesaid occurrence was lodged and Bakhtiyarpur P.S. Case No. 8 dated 17.10.1978 under Sections 279 and 304A of the Indian Penal Code was registered.3. One Bhagirath Sao was the owner of the jeep, whereas the owner of the truck was one Baldeo Singh and Chandradeo Singh was the driver. The jeep was insured with the National Insurance Co. Ltd., whereas the truck was insured with the Oriental Fire & Genl. Ins....
Tag this Judgment!Bhanu Prasad Vs. Chandra Prasad
Court: Patna
Decided on: Sep-09-1997
M.Y. Eqbal, J.1. This civil revision application by the defendant-petitioner under Section 14 (8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter to be referred to as 'the Act' for short) has been filed against the judgment and decree dated 30.1.1997 passed in Title (Eviction) Suit No. 29 of 1994 whereby the learned Munsif, 1st Court, Dhanbad, decreed the suit of the plaintiff-opposite party on the ground of personal necessity.2. The plaintiff-opposite party filed the aforesaid suit for eviction of the defendant-petitioner on the ground of bona fide personal necessity as contemplated under Section 11 (1) (c) of the said Act.3. The case of the plaintiff-opposite party is that he is the owner and the landlord of Schedule A property comprising within Holding No. 281, Ward No. I, within Dhanbad Municipality situate at Hirapur, Dhanbad. The plaintiff let out the suit premises on a monthly rent of Rs. 152/- and the rent was payable by the first week of subse...
Tag this Judgment!Chaudhary Colour Company and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-09-1997
N.K. Sinha, J.1. This batch of 36 Criminal Miscellaneous cases under Section 482 of the Code of Criminal Procedure, 1973, (hereinafter referred to as the Code) seek quashing of the criminal prosecution of the petitioners in 36 complaint cases filed against them by the Inspector, Employees Provident Fund-CD.P. No. 2 including the order dated 14.5.1991 passed by the learned Chief Judicial Magistrate taking cognizance under Sections 14(1A) and 14(1B) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short, the Act) against them in each of the complaint cases. Since common questions of law and fact have been raised, they have been heard together and are being disposed of by this common judgment.2. M/s. Chaudhary Colour Company petitioner No. 1 for short, the Company) is a small partnership firm and petitioner Nos. 2 to 6 are partners of the firm. The Company bring dry colour from out-side Mahnar and after wrapping them in small packet (Puria), push them in the ...
Tag this Judgment!Noor Jahan Khatoon Vs. Kailash Prasad Agarwal and anr.
Court: Patna
Decided on: Sep-08-1997
Loknath Prasad, J.1. This appeal is directed against the judgment dated 7th March, 1990 passed by 7th Addl. Distt. Judge-cum-Motor Vehicles Claims Tribunal, Dhanbad, in Title (M.V.) Suit No. 20/86 thereby and thereunder the appellant-claimant was granted compensation to the tune of Rs. 48,000/- to be realised from the New India Insurance Co., the insurer of the vehicle.2. The fact, in short, for the purpose of this appeal is that the appellant-claimant's husband Asgar Ali aged about 35 years and was working as a turner in a private company known as Shakti Cast Pvt. Ltd. was going on scooter on 7.10.85 at about 2.30 p.m. at Dhanbad Govindpur Road, when truck No. BHO 9767 came with great speed and dashed against the scooter, due to that Asgar Ali sustained serious injuries and he died in the Patliputra Nursing Home on the next day. For this accident, a criminal case was also instituted against the driver of the truck and subsequently this claim case was preferred claiming compensation t...
Tag this Judgment!Ramanandan Singh Vs. Swaminath Singh
Court: Patna
Decided on: Sep-08-1997
Gurusharan Sharma, J.1. The defendant is the appellate. He has lost the case in the two courts below.2. The plaintiff, Swaminath Singh, a lunatic, under the guardianship of his mother, appointed by Court vide Lunacy Case No. 392 of 1974 filed Title Suit No. 247 of 1981 against the defendant, Ramnandan Singh, in the court of the Subordinate Judge, Patna for a decree of eviction from the premises described in Schedule-1 to the plaint as also for arrears of rent as well as damages and mesne profits, past and future.3. The suit was decreed and the appeal (Title Appeal No. 61 of 1993) filed against the said eviction decree by the defendant was dismissed and the Trial Courts decree was affirmed. Hence this Second Appeal has been preferred by the defendant.4. Although the parties in the pleadings have given history of their relationship and happening right from the year 1961 onwards but in my opinion those matters are not necessary to be enumerated or gone into in detail for the purpose of t...
Tag this Judgment!Sri. Bir Ispat Vs. Bihar Electricity Board and ors.
Court: Patna
Decided on: Sep-08-1997
Narayan Roy, J.1. Heard Mr. Birendra Poddar, learned Counsel for the petitioner and Mr. Rajendra Prasad, learned Counsel for the respondents.By this writ application, the petitioner has prayed for a direction upon the respondents to revise/rectify all the monthly bills raised for the months of February, 1996 to November 1996, as contained in Annexure-5/1, 7 and 8 series, by which bills have been raised at 42 H.P. under category LTIS-II instead of raising the same at 10 H.P. under category LTIS-I. It is submitted by Mr. Biren Poddar, learned Counsel appearing for the petitioner that by virtue of the communication as contained in Annexure-5, the respondents informed the petitioner that on the date of inspection dated 22.2.96 it was found using load of 42 H.P. and, accordingly, the bills was to be raised at 42 H.P.2. Learned Counsel for the petitioner further submitted that after receipt of Annexure-5, he protested by Annexure-6 dated 22.3.1996, stating therein that no inspection whatsoe...
Tag this Judgment!Purushottampur Colliery Pvt. Ltd. and anr. Vs. Union of India (Uoi) an ...
Court: Patna
Decided on: Sep-05-1997
M.Y. Eqbal, J. 1. This writ application has beenfiled making a prayer for quashing the order dated15-12-1987 passed by respondent No. 2(Additional District Judge, VIIth, Dhanbad) inMisc. Appeal No. 100 of 1978 arising out of anorder dated 11-7-1978 passed by the AssistantCommissioner of Payments, Respondent No. 3.in Claim Case No. DHB 1126 of 1976. By theaforesaid order dated 15-12-1987 (Annexure 5)the learned Additional District Judge, Vllth,Dhanbad, allowed the appeal of respondentNo. 1 - Union of India and set aside the orderdated 11-7-1978 passed by the AssistantCommissioner of Payments. 2. The claim case before the Commissioner arose out of claim raised by the claimant - Union of India for a sum of Rs. 3,18,618,45 paise which has subsequently amended on the basis of the audit report as Rs. 3,92,696,00 against the petitioners. 3. The case of the claimant-Respondent, in brief, is that under Section 3 of the Coal Mines (Taking over of Management) Act, 1973, the management of the c...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Smt. Parwati Devi Singh and ors.
Court: Patna
Decided on: Sep-05-1997
Loknath Prasad, J.1. This appeal is directed against the judgment dated 17th March, 1990 passed by Sri S.N. Gupta, Addl. Judicial Commissioner-cum-Tribunal, Motor Vehicles Accident Claims Case, Ranchi, in Motor vehicle Compensation case No. 41/84 thereby and thereunder the claimants were awarded compensation to the tune of Rs. 1,62,000/-.2. The fact, in short, for the purpose of this appeal is that it is the case of the claimants who are widow and minor daughter of the deceased, namely, Jogendra Pd. Singh that on 9.3.84 the deceased was going in a Matador vehicle beering No. BHM 1186 from Tatanagar to Ranchi and on the way he met with an accident as he was peeping out of the window resulting in his death. It was alleged that the deceased was about 28 years old and he was getting salary to the tune of Rs. 475/- per month. Besides, due to nature of the job he used to make some tour and used to earn some amount by way of T.A. The appellant-Insurance company contested the case in the Cour...
Tag this Judgment!Laju Prasad Agrawal Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-05-1997
Aftab Alam, J.1. The petitioner describes himself as the proprietor of Kharakiya Trading Company, at and P.O. Nirsa in the district of Gaya. He seeks to challenge the orders of confiscation of 120 bags of sugar. The confiscation order, at the first instance, was passed by the Dist. Magistrate, Gaya on 18.10.1989/19.10.1989 Confiscation Misc. Case No. 40/1988. The appeal preferred against that order was rejected by the Secretary, Food, Supply and Commerce Department, Government of Bihar by order dated 12.3.1993 (Annexure 1) passed in Confiscation Appeal No. 113 of 1989. It is these two orders which come under challenge in this writ petition. The petitioner further seeks a direction for refund of the sale price of the sugar which was sold @ Rs. 483/- per bag during the pendency of the confiscation proceeding.2. According to the petitioner's case, he had purchased 120 bags of sugar from Awadh Sugar Mills, Hargawan, Sitapur (U.P). For transporation to Dhanbad, the purchased sugar was load...
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