Patna Court February 1998 Judgments
Ranchi Club Ltd. and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-20-1998
B.M. Lal, C.J.1. By this petition under Article 226 of the Constitution of India, petitioner No. 1 M/s. Ranchi Club Limited, which is a company registered under the Companies Act, 1956, having its registered office at Main Road, Ranchi, and petitioner No. 2, Harish Wadhwani, Honorary Secretary of the Club and who is a resident of Ranchi, seek a declaration that the provisions of the Bihar Finance Act, 1981 and Bihar Sales Tax Rules, 1983 (hereinafter to be referred to as the Act and the Rules, respectively) do not apply to the petitioner-Club as the petitioner Club is not doing any business of sale and, as such, is not a dealer, and so periodical submissions of returns by the Club to the respondent Sales-tax authorities for the purpose of assessing sales-tax do not arise.2. By filing a supplementary affidavit, an additional prayer is made on behalf of the petitioner for quashing the communication order dated 30.9.97, which is at Annexure -3 to this petition.3 The short facts leading t...
Tag this Judgment!Life Insurance Corporation of India Vs. Krishna Singh
Court: Patna
Decided on: Feb-20-1998
R.N. Sahay, J. 1. The question for consideration in this civil revision preferred by the defendant-Life Insurance Corporation of India is whether the suit filed by the respondent in the Court of Sub-Judge, Jehanabad, for recovery of Rs. 19,87,702/- on the basis of several insurance policies effected at Tamlak Midnapur in the Stale of West Bengal is maintainable. The objection of the petitioner was that no cause of action had arisen within the jurisdiction of Jehanabad Civil Court and as such Jehanabad had no territorial jurisdiction to entertain the suit. 2. The trial Court has negatived the objection. Hence this civil revision application. This preliminary question was considered by a Division Bench of the Calcutta High Court in Peoples Insurance Co. Ltd. v. Benoy Bhusan Bhowmik, AIR 1943 Cal 199, in which B.K. Mukherjea, J. held that in the case of a life insurance policy the claimant must prove the death of the assured [before he can enforce his claim against an insurance company....
Tag this Judgment!Shankar Traders Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-20-1998
B.P. Singh and B.P. Sharma, JJ. 1. The petitioner herein through its sole proprietor has prayed for the issuance of an appropriate writ, order or direction quashing the order dated 24-1-1992 passed by the Conservator of Forest. Magadh Division, Patna (respondent No. 4) rejecting the application made by the petitioner for issue of transit permit for transporting Nepali Khair wood through the territory of the State of Bihar to other States, including Uttar Pradesh, and for a declaration that the Rules framed under the Bihar Forest Produce (Regulation of Trade) Act, 1984 shall not be applicable to forestproducc which is only in transit through the State of Bihar, not being a forest produce of the State of Bihar. 2. The facts relevant for the disposal of the writ petition are that the petitioner is a proprietory concern registered by the Department of Commercial Taxes, Madhubani having its Registration No. MB 542(R). It is also registered under the Central Sales Tax (Regulation and Tur...
Tag this Judgment!Madan Mohan Tewary and anr. Vs. Suresh Chandra Singh
Court: Patna
Decided on: Feb-20-1998
Loknath Prasad, J.1. This second appeal is directed against the judgment dated 5.6.1990 passed by 3rd Addl. Judicial Commissioner, Ranchi thereby and thereunder the Title Appeal No. 29/62 preferred by the appellant was dismissed and judgment and decree recorded by Sir. Ram Deo Premjiwan, Addl. Munsif, Ranch, in Title Suit No. 62/74 was confirmed and maintained.2. The fact, in short, for the purpose of this appellants is that the suit premises consisting of two rooms with varandah and compound wall originally belonged to one Indra Kumar Tiwari who took settlement from the ex-landlord in respect of six decimals of plot No. 740 of village Hassal and constructed a house thereon. Sri Tiwari let out the suit premises to the appellants who are full brothers on monthly rent of Rs. 25/- per month. Subsequently the entire suit premises was purchased by the plaintiff-respondent by registered sale deed date 14.4.1972 and got his name mutated and issued notice to the defendant-appellants for payme...
Tag this Judgment!Tapeshwar Nath Mishra Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-20-1998
1. Heard Sri B.K. Dubey, Seamed Counsel for the petitioner, Sri R.N. Sahay, learned Counsel for the Ranchi Regional. Development Authority and Mrs. Indrani Sen Choudhary, the learned Standing Counsel No. 1 for the State.2. The petitioner has filed this writ petition challenging the order dated 7th August, 1989, passed by the Ranchi Regional Development Authority, Ranchi (hereinafter to be referred to as the Authority) refusing to refund the amount deposed by him alongwith his application for sanction of the map. The prayer for declaring the by-laws 6, 4 and 2 as ultra vires has also been made.3. The petitioner made an application on 1-3-1988 for sanction of map and also deposited a sum of Rs. 13,500/- alongwith it. 'As the map submitted by him was not sanctioned, he made an application on 18.4.1989 before the Authority for withdrawal of his application and for refund of the said amount deposited alongwith it.4. Rule 4 (ii) & (iii) of the P.R.D.A. (Misc. Fee Paid on Appl. for per.) Rul...
Tag this Judgment!Workmen of Sadakt (Represented by Bihar Working Journalists Union) and ...
Court: Patna
Decided on: Feb-20-1998
Choudhary S.N. Mishra, J. 1. In this writ application under Articles 226 and 227 of the Constitution of India the petitioner has prayed for quashing the award of the Industrial Tribunal, Patna, dated May 8, 1986, copy of the said award is made Annexure 1 to this writ application.2. The petitioner claims to be the member of the registered union of the working journalists in the State of Bihar and working in Urdu daily newspapers published from Patna. The Union of India in the Ministry of Labour by notification, dated February 9, 1979, constituted a Tribunal under Section 13A(1) of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (hereinafter referred to as the Act), for the purpose of fixing and revising the rates of wages. Similarly another Tribunal was constituted for non-journalist newspaper employees by notification, dated February 9, 1979 in terms of Section 13DD of the Act under the Chairmanship of Justice Sri P...
Tag this Judgment!Ranchi Club Limited and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-20-1998
B.M. Lal, C.J.1. By this petition under Article 226 of the Constitution of India, petitioner No. 1 M/s. Ranchi Club Limited, which is a company registered under the Companies Act, 1956, having its registered office at main road, Ranchi, and petitioner No. 2, Harish Wadhwani, Honorary Secretary of the club and who is a resident of Ranchi, seek a declaration that the provisions of the Bihar Finance Act, 1981 and Bihar Sales Tax Rules, 1983 (hereinafter to be referred to as the Act and the Rules, respectively) do not apply to the petitioner Club as the petitioner Club is not doing any business of sale and, as such, is not a dealer, and so periodical submissions of returns by the Club to the respondent Sales-tax authorities for the purpose of assessing sales-tax do not arise.2. By filing a supplementary affidavit, an additional prayer is made on behalf of the petitioner for quashing the communication order dated 30.9.1997, which is at Annexure-3 to this petition.3. The short facts leading...
Tag this Judgment!Ganesh Prasad Gupta Vs. Bando Devi and anr.
Court: Patna
Decided on: Feb-20-1998
M.Y. Eqbal, J.1. The appellant, who is the owner of the vehicle, has filed this appeal against the judgment and award dated 2.7,1996 passed by the Addl. District & Sessions Judge cum Accident claims Tribunal, Gumla (hereinafter referred to as the Tribunal) in M.J.C. No. 10 of 1989 by which the learned Tribunal awarded a sum of Rs. 1.5 lakhs to the claimant respondent No. 1 and apportioned the liability between the appellant and respondent No. 2, the United India Insurance Company Limited. By the said judgment and award, the appellant was directed to pay Rs. 1,00,000/- (rupees one lakh) holding that the liability of the respondent Insurance Company is limited to the extent of Rs. 50,000/- (rupees fifty thousand).2. The facts of the case lie in a very narrow compass. The claimants filed an application under Section 110-A of the Motor Vehicles Act for grant of compensation on account of death of her husband Khabail Oraon, who died in a motor vehicle accident. In the said claim case, the ...
Tag this Judgment!Bibi Naseema Khanam Vs. Bhagwan Prasad Sah and ors.
Court: Patna
Decided on: Feb-20-1998
Ravi Nandan Sahay, J.1. This revision application has been preferred by the defendant (1st set) in a suit for declaration of title and consequential reliefs against the order of the trial Court dismissing the petitioner's application questioning the jurisdiction of the Court on the ground that the suit in question was barred by res judicata.2. In order to decide whether the trial Court has committed an error of jurisdiction as contended by the learned Counsel for the petitioner, it would be necessary to bring on record the salient facts of the case. Petitioner Bibi Naseema Khanam, who is defendant 1st set in the present title suit, had. brought Title partition Suit No. 33/1968 before the Subordinate Judge, Munger claiming one-sixth share in the suit property. On 19.9.1973 partition suit was decreed ex-parte and no appeal was preferred against the decree. Some of the defendants including one Sarju Singh, who had not appeared and contested the suit filed application under Order IX, Rule...
Tag this Judgment!Bettiah Estate Through Manager Vs. Lachuman Mahto and ors.
Court: Patna
Decided on: Feb-19-1998
Gurusharan Sharma, J.1. In the aforementioned eight appeals a common question are involved and all of them arose out of one Execution Case No. 10 of 1971, levied for execution of the decree passed in Title Suit No. 183 of 1963, wherein different applications under Order XXI Rules 58 and 99 of the Code of Civil Procedure were filed and thereby Miscellaneous Case Nos. 42, 47, 57, 58, 59, 60 and 69 of 1974 and 37 of 1986 were registered and were disposed of by the impugned orders under these appeals.2. These appeals, therefore, were made analogous for the purpose of hearing. Bettiah Estate is appellant in all the appeals, these appeals have been heard together and are being disposed of by a common judgment,3. Bettiah Estate, under the Court of Wards, through its Manager filed Title Suit No. 183 of 1963 against the defendants 1st and 2nd set for recovery of possession in respect of Schedule 1 properties to the plaint as also for a decree for rent, compensation an damages for cutting and r...
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