Patna Court January 1998 Judgments
New India Assurance Co. Ltd. Vs. Ajit Kumar Singh
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Jan-23-1998
A.N. Chaturvedi, President: 1. The present appeal is directed against the order dated 18th May, 1994 passed by the District Forum, Hazaribagh, in Case No. 94 of 1993 directing the appellant company (opposite party in the complaint case) to make payment of Rs. 35,000/- alongwith interest amount of Rs. 10,500/- to the respondent (complainant in the complaint case) within one month of the order failing which the appellant would be liable to pay interest on the above amount at the rate of 18%. 2. The brief facts leading to this appeal are that the respondent, Sri Ajit Kumar Singh, got his Tata 407-BR-13-L-0858 insured for compre- hensive risk with the appellant company under policy No. 31540604-01135 dated 27.6.1990. The above vehicle met with an accident at Rajauli Ghati on 1.1.1991. On receipt of information of the accident from the respondent, the appellant deputed surveyor to conduct the spot survey. The appellant then deputed Parminder Singh of M/s. Kaira and Co. who approved a sum of...
Tag this Judgment!General Manager, N.E. Railway Vs. Ram Pravesh Singh
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Jan-23-1998
A.N. Chaturvedi, President: 1. This appeal is directed against the order dated 31.3.1995 passed by the District Forum, Muzaffarpur in complaint Case No. 884/94. By the impugned order the District Forum directed for payment of Rs. 2,00,000/- (Rs. two lacs) by the opposite party (appellant in this appeal) to the complainant (respondent in this appeal) by way of compensation and Rs. 1,100/- (Rs. One thousand one hundred) as cost. 2. The case of the complainant (respondent) in his complaint petition was that on 19.1.1993 he was travelling from Muzaffarpur Railway Station to Turkey Railway Station by 527 Up train after purchasing ticket No. 47729. When the said train reached Turkey Railway Station there was no light at the station. While he (complainant) was alighting from the train, it took off without blowing any whistle as a result of which he fell down from the train and his both the legs were chopped off by the wheels of the train. It so happened due to negligence and carelessness on t...
Tag this Judgment!Jugal Kishore Modi Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-22-1998
Choudhary S.N. Mishra, J.1. In this writ application the petitioner Jugal Kishore Modi, Proprietor of Bharat Minerals Grinding industries, has questioned the legality of the order dated 28th December, 1994, passed by the respondent Executive Officer of Madhupur Municipality. Whereby the licence of the petitioner's industry has been cancelled and further directed to close the industry within three days. Copy of the aforesaid order is made Annexure-1 to this writ application.2. The petitioner is the proprietor of Bharat Minerals Grinding Industries situated at Madhupur in the district of Deoghar, which was registered in the year 1978 bearing registration No. 46035 S.P.A. under Rules 4 to 10 of the Bihar Factories Rules and Section 6(1)(d) of the Factories Act, 1948 by the Chief Inspector of Factories, Department of Labour and Employment and the said registration is being renewed from time to time by the respondent authority after payment of requisite renewal fees. Copy of the licence re...
Tag this Judgment!Bijay Prasad Singh anr. Vs. Nil Ratan Singh
Court: Patna
Decided on: Jan-22-1998
M.Y. Eqbal, J.1. Heard learned Counsel appearing for the petitioners. Nobody appears on behalf of the opposite party.2. This civil revision application is directed against order dated 21.11.96 passed by Munsif, 3rd, Patna in Eviction Suit No. 57 of 1995 in purporting exercise of power under Section 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act by directing the defendant/petitioners to deposit the arrears of rent and also current rent.3. The plaintiff/opposite party filed the aforementioned eviction suit for eviction of the defendant/petitioners from the suit property alleging that he is the owner of the house having been acquired by way of gift from his father and the defendant is a tenant on a monthly rental of Rs. 150/- per month It is further alleged that the defendant failed to pay rent from January, 1995 and thereby made himself liable for eviction. The suit was contested by the petitioner by filing written statement denying and disputed the relationship of lan...
Tag this Judgment!Branch Manager, New India Assurance Co. Ltd. Vs. Maya Devi and ors.
Court: Patna
Decided on: Jan-20-1998
Lok Nath Prasad, J.1. This appeal is directed against the judgment dated 21.5.1992 passed in Claim Case No. 83 of 1986 by Mr. Shyama Prasad Singh, Addl. Claims Tribunal, Hazaribagh, thereby and there under the opposite party Nos. 1 to 3 were granted compensation to the tune of Rs. 90,000.2. The fact, in short, for the purpose of this appeal is that on 13.1.1986 at about 9 a.m. or so the deceased Bansi Poddar was going home by a bus bearing No. BRW 7432, but as there was no accommodation inside the bus, so the khalasi asked the deceased to sit on the top of the roof. It has also been alleged that the driver of the bus was driving the vehicle rashly and negligently and when it reached near Azar Mor, the bus dashed against a telephone pole and so the deceased had fallen on the ground and sustained severe injuries and he was immediately removed to Sadar Hospital; Hazaribagh, where he was declared dead. In that very Sadar Hospital, the brother-in-law of the deceased had lodged an F.I.R. a...
Tag this Judgment!State Unemployed (+2) Vocational) Medical Laboratory Technical Associa ...
Court: Patna
Decided on: Jan-19-1998
S.J. Mukhopadhaya, J.1. All these cases relate to appointment to the post of Laboratory Technicians in different Hospitals and Medical Colleges in the State of Bihar in pursuance of an advertisement issued in different newspapers on 25th May, 1997. For the said reason, they were heard together and are being disposed of by this common judgment.2. It is not necessary to discuss all the facts, except the relevant one, as I am going to dispose of the writ petitions in terms with the agreement reached between the parties.3. The Respondents-State from its Health Medical Education and Family Welfare Department issued one Resolution No. 316 dated 11th July, 1996, by which, the posts of Laboratory Assistants and Laboratory Technicians were merged with the common nomenclature of Laboratory Technician. By the said Resolution, the qualification of I.Sc. with one year of Medical Laboratory Technician (for short M.L.T.) training was laid down for such appointment.Recently, the Respondents-State cam...
Tag this Judgment!Thakur Ghanshyam Singh Munda Vs. Commissioner and ors.
Court: Patna
Decided on: Jan-19-1998
P.K. Deb, J.1. In the instant writ application, prayer has been made for issuance of a writ in the nature of certiorari for quashing the Revisional order dated 20.6.1990 (Annexure-7) passed by the respondent No. 1, Commissioner, South Chotanagpur Division in Revenue Revision No. 117/86, whereby the appellate order dated 21.2.1986 (Annexure-6) passed by the Additional Collector, Ranchi in Misc. Appeal No. 3 Rule 15 of 1985-86 has been set aside with the effect that the petition filed by the petitioner under Section 242 of the C.N.T. Act for restoration of the land of plot No. 262, 253 and 289 under khata No. 1 of village Chayadih measuring an area of 5.40 acres has been dismissed.2. The application under Section 242 of the Act was filed by the petitioner claiming restoration of the land mentioned above against the respondent Nos. 4 and 5 contending, inter alia, that he had Mundari Khutkatti rights over the land in the proceeding and then in pursuant of the judgment of this Court in F.A...
Tag this Judgment!Chhunwa Devi and ors. Vs. Arjun Oraon and anr.
Court: Patna
Decided on: Jan-19-1998
Loknath Prasad, J.1. This appeal is directed against the judgment passed in Compensation case No. 125/87 by Sri. Lakhan Kumar Sahay Addl. Judicial Commissioner-cum-Motor Vehicle Accident Claims Tribunal, Lohardage thereby and thereunder the claim of compensation as preferred by the appellant is dismissed.2. The fact, in short, for the purpose of this appeal is that the aforesaid compensation case was preferred by these appellants who are none-else-than the widow, sons and daughter of one Chamru Ram who while going on cycle on 24.2.1987 and reached near a bridge on Shankh river at Kuru-Lohardage road, then the Oraon bus bearing No. BPV 9669 came with great speed and was being driven rashly and negligently by the driver and it dashed against the deceased causing fatal injury on the spot. The driver sped away with the vehicle towards Lohardage side. However, one lady passenger wife of Swapan Ghosh came down from the but at Pathratoli and subsequently one Awadh Bihari Singh a co-villager ...
Tag this Judgment!Surya NaraIn Mishra and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-16-1998
N. Pandey, J.1. Dispute in these cases is with respect to 2 Kattha 12 Dhurs of land out of Plot Nos. 2488 and 2490 appertaining to Khata No. 15 of Village-Dhoi in the district of Darbhanga. Petitioner Suraj Narayan Mishra & others, CWJC No. 7713/96 are the landlords of-the disputed land 'whereas Ram Naresh Mishra, Petitioner in CWJC No. 11341/96 is allegedly privileged tenant of the same land. Both the writ petitions have been preferred against the order of the Collector, Darbhanga dated 17.6.1996 in Misc. Case No. 154 of 1992-93.2. As the case has got a chequered history, therefore, it would be advisable to state few facts. Undisputedly, the ancestors of the petitioners Suraj Narain Mishra and others purchased this piece of land on 20.2.1956 in 'Money Execution Case No. 134 of 1995 and got their possession. Thereafter, at several stages the matter was contested by Ram Naresh Mishra but ultimate success remained with Suraj Narain Mishra and others.3. Thereafter, in the year, 1976 a pe...
Tag this Judgment!Govind Sao and anr. Vs. Surjit Singh Mahal Alias Bhola Babu and ors.
Court: Patna
Decided on: Jan-16-1998
L.N. Prasad, J.1. This appeal is directed against the judgment dated 11.6.1992 passed by Mr. Shyam Kishore Sharma, 4th Addl. District Judge-cum-Motor Accidents Claims Tribunal, Dhanbad in Title (MV) Suit No. 63 of 1991 which was heard and tried analogous with Title (MV) Suit No. 60 of 1991.2. The fact of the case, in short, for the purpose of this appeal is that the decease Devendra Sao was going on a motor cycle when bus No. WMH 7845 suddenly came from behind and dashed against the motor cycle causing fatal injuries to the deceased on account of which two claim cases were instituted, one by the parents in Title (MV) Suit No. 63 of 1991 and the other by the widow in Title (MV) Suit No. 60 of 1991, wherein the Tribunal came to the conclusion that the vehicle was fully insured with the insurance company and accident was caused due to rash and negligent driving of the bus by the driver, after applying the multiplying theory, the Tribunal granted a sum of Rs. 96,000 (Rupees ninety-six th...
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