Patna Court February 1998 Judgments
Chandrika Singh and ors. Vs. Additional Member, Board of Revenue, Patn ...
Court: Patna
Decided on: Feb-19-1998
Sachchidanand Jha, J. 1. This writ petition arises from a proceeding under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, called 'the Act' in short. The petitioners are the vendees of the disputed lands. They seek quashing of the orders of the Deputy Collector, Land Reforms (DCLR),Hilsa dated 30-3-92 passed by Collector under the Act, in Ceiling Case No. I of 1990-91 and the order of the Additional Member, Board of Revenue-dated 5-9-94 in Revision Case No. 157 of 1993. Copies of the said two orders have been marked Annexures 3 and 7, respectively, to the writ petition. At the appellate stage earlier, they had succeeded before the Additional Collector, Nalanda in Ceiling Appeal No. 2 of 1992-93 on 22-2-93 vide Annexure 4, to the writ petition. 2. The dispute relates to lands of plot No. 845 measuring 0.15 acre and plot No. 849 measuring 0.06 acre situate in Village Moniyampur in the district of Nalanda. The petitioners pur...
Tag this Judgment!Ranjeet Prasad Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-19-1998
N.N. Singh, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 28.8.96 (passed by Chief Judicial Magistrate, Deoghar in G.R. case No. 405 of 1995 taking cognizance of offence under Sections 420, 406 and 403 of the Indian Penal Code against the petitioner and also for quashing the entire prosecution of Jasidih P.S. Case No. 105 of 1995 pending in the Court of Sri B.B. Lal, Judicial Magistrate, 1st Class Deoghar.2. The fact leading to filing of this application can be briefly stated as such ; That the petitioner, who was proprietor of M/s. Paints Varnish, was sanctioned a term loan of Rs. 2.50 lacs by the Bihar State Finance Corporation (hereinafter to be referred as the 'Corporation') which has now swelled upto Rs. 16,63,667.57 paise (as per counter affidavit) including principal and interest. Sri U.C. Mishra, Branch Manager of the Corporation at Deoghar filed a written report against the petitioner on 31.12.94 alleging...
Tag this Judgment!Bharat Coking Coal, Limited Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-19-1998
R.A. Sharma and A.K. Prasad, JJ.1. The petitioner has filed this writ petition challenging the orders. Annexures-1, 2 and 3, passed by the respondents demanding cess on Royalty and dead rent. While entertaining this writ petition, this Court on 13.11.1990 passed the following order:It is ordered that in the event the petitioner fails in this application, it will pay the amount that may be found due against it as cess with interest at the rate of eighteen per cent per annum from the date of demand till the date of payment.2. We have heard the learned Counsel for the parties.3. The State Government's right to impose impugned levy under the Bengal Cess Act (9 of 1980) was struck down by the Court. Thereafter the Parliament intervened and enacted the cess and other Taxes of Minerals (validation) Act, 1992, validating the imposition and collection of the cess and certain other taxes on minerals under the states, laws. The said Validation Act was challenged before this Court and the Divisio...
Tag this Judgment!Shyam Sunder Pathak Vs. Bihar State Housing Board and Others
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Feb-18-1998
V.N. Mishra, Member: 1. The instant complaint has been filed by Sri Shyam Sundar Pathak against Bihar State Housing Board (hereafter Board) and others for not giving physical possession of plot No. B/187 inspite of allotment of the aforesaid plot in his name by the Board with a prayer to direct the Board to hand over constructive and physical possession over the said plot and compensate the loss amounting to Rs. 5,91,658.70 and also further loss due to price rise of various construction materials on account of deficiency in service of the Board. 2. The complaint in brief is that Sri Pathak got himself registered in the Board, Patna by depositing Rs.50/- on 8.8.1979 and earnest money of Rs. 5,000/- on 1.12.1981 for allotment of a high income group plot at Patna. After investigation and being satisfied, the opposite party No. (iii) issued allotment letter No. 2041/AA dated 21st August, 1991 allotting plot No. B-187 situated at Lohianagar, Patna to the complainant with a direction to him ...
Tag this Judgment!Hare Ram Prasad Vs. the State of Bihar
Court: Patna
Decided on: Feb-17-1998
N.K. Sinha, J.1. Heard learned Counsel for the parties.2. In this application under Section 482 of the Code of Criminal Procedure, 1973, the petitioner seeks quashing of his criminal prosecution instituted against him including the order dated 6.4.1991 by which the learned Special Judge, Arrah was pleased to take cognizance under Section 7 of the Essential Commodities Act, 1955 (for short, E.C. Act of the alleged contravention of the provisions of the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter referred to as Unification Order) in Case No. 53/90 arising out of Brahampur P.S. Case No. 61/90.3. Only such of the facts as are necessary for disposal of this application need be stated. The Anchaladhikari of Brahampur Anchal, raided a godown alongwith some officials on 14.5.1990 said to belong to the petitioner and after search seized 36 quintals of sugar in 36 bags, 2 quintals of chana in two bags besides some weighing scale and weighing measurement and 9 litres of ...
Tag this Judgment!Mishrilal JaIn (P.) Limited Vs. Nacro Chemicals Limited
Court: Patna
Decided on: Feb-13-1998
S.N. Jha, J. 1. An order of winding up of the company was passed on August 1, 1997. Later an application was filed under Section 466 of the Companies Act, 1956, read with Rule 9 of the Companies (Court) Rules, 1959, and Section 151 of the Code of Civil Procedure, 1908, for recall/ modification/stay of the order in view of the provisions of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985. By order dated December 12, 1997, the application was disposed of. Operation of the order dated August 1, 1997, (supra) was stayed for a period of one year to enable the BIFR to form its opinion in the matter of commencement of enquiry under Section 16 of the said Act. It was observed that in the event the BIFR decides to formally initiate the enquiry, it will be open to the respondent-company to bring these facts to the notice of the court for further orders in the light of the decision in Testeels Ltd. v. Radhaben Ranchhodlal Charitable Trust [1989] 66 Comp Cas 555 ; AIR 1...
Tag this Judgment!Prakesh Kumar Vs. Ranchi University and ors.
Court: Patna
Decided on: Feb-13-1998
R.A. Sharma and A.K. Prasad, JJ.1. Six writ petitions, namely, C.W.J.C. No. 1873/91 (R), C.W.J.C. No. 1963/90 (R). C.W.J.C. No. 1354/90 (R), C.W.J. No. 695/90 (R), C.W.J.C. No. 1433/90 (R) and C.W.J.C. No. 1340/90 (R), were filed in this Court challenging the order issued by the Ranchi University, Ranchi (hereinafter referred' to as the University) directing the Principals of the constituent colleges, in which the petitioners were working as the teachers, not to make any payment to the teaching and non-teaching employees of those colleges with certain exceptions. Present two writ petitions, being C.W.J.C. No. 2087/90 (R) and 2279/90 (R) were also filed seeking similar relief. Vide order dated 8.2.1991, C.W.J.C. No. 2087/90 (R) was directed to be heard along with C.W.J.C. No. 2279/90 (R), in which this Court passed an order on 15.1.1991 directing it to be heard along with C.W.J.C. No. 1354/90 (R). C.W.J.C. No. 1354/90 (R) along with five other writ petitions, mentioned herein before, w...
Tag this Judgment!Bihar Solvent Extraction Co. and ors. Vs. Bihar State Forest Developme ...
Court: Patna
Decided on: Feb-12-1998
M.Y. Eqbal, J. 1. This application at the instance of defendants-petitioners has been filed for review of the judgment and order dated 28-6-95 by which this Court disposed of the Civil revision No. 350/91 with a direction that Title suit No. 8/ 78 shall be transferred from the Court of Deoghar to a Court at Patna for analogous hearing with a Money Suit No. 226/78.2. It appears that the petitioners filed Title Suit No. 8/78 in theCourtof Sub-Judge, Deoghar for declaration that the defendants have wilfully violated the terms of the agreement and is not entitled to any forfeiture clause of the agreement and a relief for damages was also claimed in the suit. The dispute arose out of an agreement executed by and between the parties with regard to sell and purchase of Sal Seeds. Subsequent thereto the plaintiff, who is opposite party here, filed Money Suit No. 226/78 in the Court of Sub-Judge, Patna for recovery of loss and damages because of the alleged breach of the agreement. The defend...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Kedar Nath Bhagat and ors.
Court: Patna
Decided on: Feb-12-1998
Lok Nath Prasad, J.1. This appeal is directed against the judgment dated 7.12.93 passed by Mr. S.M. Haque, 4th Addl. Judicial Commissioner-cum-Motor Accidents Claims Tribunal, Ranchi, in Compensation Case No. 169 of 1983 thereby and there-under a sum of Rs. 1,00,000/- was granted by way of compensation to the claimant for the injuries sustained by one Shashi Bhushan Bhagat, the minor son of the claimant, in an accident involving bus No. BHN 5767.2. The fact, in short, for the purpose of this appeal is that Shashi Bhushan Bhagat, aged about 14 or so at that time and son of the claimant Kedar Nath Bhagat, was coming from Piska Nagri to Ranchi on bus No. BHN 5767 and the said bus when entered Lalgutuwa Bridge on Gumla-Ranchi road, then a truck bearing No. BPT 6587 also entered the bridge and both the drivers were driving their vehicles rashly and negligently. Due to that, there was a collision and Shashi Bhushan Bhagat was thrown out of the bus and his leg came under the bus and he susta...
Tag this Judgment!Safari India Through Its Proprietor Smt. Manju Pandey Vs. Union of Ind ...
Court: Patna
Decided on: Feb-12-1998
R.A. Sharma, J.1. Being aggrieved by disconnection of her Telephone No. 503901, the petitioner has filed this writ petition.2. The respondents have filed counter-affidavit and the petitioner has filed the rejoinder-affidavit in reply thereto. I have heard the learned Counsel for the parties.3. From the perusal of the pleadings of the parties, it appears that the petitioner's husband was having another Telephone No. 308815 and as he failed to clear the dues of the said telephone, it was disconnected. For the same reason viz., non-clearance of the dues of Telephone No. 308815 belonging to her husband, the petitioner's Telephone No. 503901 has also been disconnected on 10.11.1997.4. The submission of the learned Counsel for the petitioner that for nonpayment of dues of another telephone belonging to her husband the petitioner's telephone could not have been disconnected, and in support of the said submission reliance is placed on a Division Bench decision of this Court in the case of Uni...
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