Patna Court February 1998 Judgments
Shyam Chandra Singh Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Feb-06-1998
Nagendra Rai, J.1. The petitioner has filed the present writ application for quashing the order dated 23.8.75 passed by the. respondent No. 2 Commandant, Bihar Regimental Centre, Dinapur Cant, Danapur and issued under the signature of respondent No. 3 by which the petitioner's claim for disability pension has been rejected and the order dated 23rd June, 1977 by which the petitioner has been informed that his appeal has not been considered because it is time barred. Copies of the said orders have been annexed as Annexures-1 and 2 to this writ application.2. The facts necessary for disposal of the present writ application are that the petitioner was enrolled in the Army on 20th December, 1965. On completion of training he was posted to 9, Bihar. While the petitioner was in service, he suffered ailment and it was detected that he was suffering from 'Juvenile Moderately Severe DEC. & Non Keotonic Diabetes Melditus Y-34 (150)'. The Medical Board examined the petitioner and recommended for ...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Ruplal Singh and anr.
Court: Patna
Decided on: Feb-06-1998
Lok Nath Prasad, J.1. This appeal is directed against the judgment dated 27.4.94 recorded by Additional Motor Accidents Claims Tribunal, Jamshedpur in Claim Case No. 1/57 of 1989 thereby and thereunder a sum of Rs. 70,000 was awarded to the claimant, i.e., respondent No. 1.2. The fact in short for this appeal is that deceased Bhola Singh was working under Raju Kishore Sahu, i.e., respondent No. 2 as driver of Tempo van bearing No. BEP 8647. When the deceased was going in Bajaj pick-up van then on 21.1.1989 at about 7.30 p.m. or so, one unknown unidentified truck came and dashed which resulted in the accidental death of the deceased. The claimant being father of the deceased preferred the claim case for the death of his son and is claiming that his son was earning a sum of Rs. 750 per month. The Claims Tribunal allowed a total compensation of Rs. 70,000 as against the insurance company appellant. Being aggrieved and dissatisfied with this, appeal has been preferred by the insurance co...
Tag this Judgment!Dilip Kumar Pandey Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-06-1998
S.K. Chattopadhyaya, J.1. Noticing divergent views expressed by two learned Single Judges of this Court in the case of Anil Kumar Gupta v. State of Bihar and Ors. 1996 (1) PLJR 863 and Md. Akhtar and Ors. v. State of Bihar and Ors. 1995 (2) East Cr. C. 345, one of us (Loknath Prasad, J.) by his order dated 1.5.97 referred the matter to the Division Bench to resolve the aforesaid conflicting views.2. The factual matrix of the case is that the vehicle of the petitioner was seized by the Forester in connection with a forest offence. It was found that the vehicle had a secret chamber meant for concealing some articles and in that very chamber two kgs. of Kattha, which is admittedly a forest produce, was being carried in the said vehicle. A case under the Indian Forest Act was instituted and prosecution report was submitted against driver and the owner of the concerned vehicle. A Confiscation Case No. 24/94 was initiated by the Divisional Forest Officer, Hazaribagh and being noticed the pe...
Tag this Judgment!United India Insurance Company Ltd. Vs. MoinuddIn and ors.
Court: Patna
Decided on: Feb-06-1998
Loknath Prasad, J.1. This appeal is directed against the judgment dated 4.3.94 passed by Shri S.K. Chaudhary, 1st Additional Claim Tribunal, Hazaribagh in Claim Case No. 155/90 thereby and thereunder the claim case preferred by claimant i.e. respondent No. 1 was allowed and it was ordered that claimant will be entitled to realise Rs. 1,52,760/- from the appellant-Insurance Company, and further the same amount for Chandra Bhushan Prasad Sinha, the owner of the car who is respondent No. 3 here.2. The fact in short for the purpose of this appeal is that claimant's son Md. Mobin was the driver of car bearing No. DIA 7093 and on 27.5.90 he was driving aforesaid car and at about 4 P.M. when he reached near Romi Bunglow within Barhi P.S. then a tracker bearing No. BPM 4745 belonging to the respondent No. 2, Jagni was Pandey, came with a great speed and dashed against the car due to negligence on the part of the driver due to that Mobin was seriously injured and he was taken to hospital where...
Tag this Judgment!Sheokumari Devi and ors. Vs. Jamia Asharfia College
Court: Patna
Decided on: Feb-05-1998
Gurusharan Sharma, J. 1. Jamia Asharfia College, New Bhojpur, (now within District Buxar) through its Mutwalli along with Mostt. Hazi Bibi Masud Fatima, wife of late Gulam Ahmadi of Buxar town, filed Title Suit No. 183 of 1977 against Sheokumari Devi, her husband and two sons in the Court of Subordinate Judge, Buxar, for declaration that the registered deed dated 24.5.1975 (Ext. C), alleged to the executed by Bibi Masud Fatima, the plaintiff No. 2 in favour of the defendant, Sheokumari Devi was forged, fabricated, void, inoperative and without consideration and for mesne profits 150/- per month as rent of the suit house and for delivery of possession thereof after evicting the defendants.2. The plaintiffs case was the Bibi Masud Fatima had executed a registered wakf deed dated 13.7.1967 (Ext. 4/a) and dedicated the suit house to Jamia Asharfia College, the plaintiff No. 1, wherein Md. Jakarta and others were made Mutwalli. By subsequent deed dated 30.11.1972 (Ext. 4) others Mutwallis...
Tag this Judgment!Kamleshwar Singh, Darbhanga University and anr. Vs. Bhola Prasad Yadav ...
Court: Patna
Decided on: Feb-05-1998
M.Y. Eqbal, J.1. The petitioners, namely, the Kameshwar Singh Darbhanga Sanskrit University and its Vice-Chancellor have filed this Civil Revision application against the order dated 18th April. 1996 passed in Title Suit No. 17 df 1996 by which the learned Munsif granted temporary injunction by invoking the provision of Section 151 of the Code of Civil Procedure.2. The plaintiff-Opposite Party No. 1 filed the aforementioned suit in the Court of Munsif, Khagaria for a decree of permanent injunction restraining the defendants from removing the plaintiff from the membership of the Committee of Awadh Bihari Sanskrit College, Rahimpur (hereinafter referred to as 'the college'). The College was started by late Awadh Bihari Singh, who donated considerable property for running the affairs of the College. Later on the College was taken over and made constituent. The petitioner-University from time to time constituted land management committee by nominating different members. At later stage, in...
Tag this Judgment!Ramdeo Rai Vs. Collector and ors.
Court: Patna
Decided on: Feb-05-1998
Chaudhary 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 order dated 27.2.1986 passed by respondent District Sub-Registrar, Vaishali at Hajipur, by which he has allowed the appeal filed by the Private respondent Ram Chandra Rai and further directed compulsory registration of the sale-deed, as contained in Annexure-1 to this writ application, and also the notice dated 30th September, 1986 issued by the respondent Collector whereby the petitioner has been directed to pay the deficit Court fees as well as the penalty to the tune of Rs. 3,898.40 paise.2. The fact of this case, in short, is that the petitioner has executed a sale deed with respect to the peace of land bearing R.S. Khata No. 11 and R.S. Plot No. 212 measuring an area of 7 decimals, situated in village Sistaul, P.S. Tisiautta, District Vaishali, in favour of private respondent No. 4 on 1st January, 1979. It is alleged that necessar...
Tag this Judgment!Ramagya Singh Vs. the State of Bihar
Court: Patna
Decided on: Feb-04-1998
1. The appellant has preferred this appeal against the judgment and order dated 17.7.1986 passed by 1st Additional Sessions Judge Gopalganj in Sessions Trial No. 2/3 of 1985 whereby the appellant has been convicted for the offence under Section 364/149 of the Indian Penal Code and sentenced to undergo imprisonment for life.2. One Phulwanti Devi gave her fardbeyan on 27.5.1981 at about 7.45 A.M. stating therein that yesterday night at about 8.30 p.m. she was at the door of her house. Her husband, namely, Ram Nath Singh was taking meal in the Varandah of the house. After taking meal he was cleaning his teeth. Ramagya Singh, the appellant, came and caught her husband. She caught Ramagya Singh but the appellant pushed her. She fell down. In the meantime Bishwanath Singh, brother of Ramagya Singh and 12-13 others came out of whom 8 persons were carrying gun. They took her husband towards north. On alarm raised by her, Ram Bachan Singh, brother of her husband came and tried to rescue his br...
Tag this Judgment!Mohit Udyog Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-04-1998
R.A. Sharma, J.1. Being aggrieved by an order of assessment dated 3.1.1997 for the assessment year 1992-93 passed under Section 9(2) and 2A of the Central Sales Tax Act read with Section 17(2) of the Bihar Finance Act by the Deputy Commissioner of Commercial Taxes, the petitioner has filed this writ petition.2. At the threshhold, Mrs. I. Senchoudhary, learned S.C.I., has raised a preliminary objection as regards maintainability of this writ petition on the ground of alternative remedy of appeal as well as revision. The learned Counsel for the petitioner has, in this connection, submitted that the petitioner cannot file an appeal without depositing 20% of the demand so raised under the assessment order. His contention is that the petitioner does not have the fund to deposit 20% of the demand on account of which it is just not possible to file the appeal. It is further submitted that as question of law is involved in this case, this Court should decide the writ petition on merits instea...
Tag this Judgment!Tis Fab Limited Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-04-1998
R.A. Sharma, J. 1. In order to implement the State Government's Industrial Policy, 1995, the Governor of Bihar in exercise of power conferred by Sub-section (3) of Section 7 of the Bihar Finance Act, 1981 (hereinafter referred to as 'the Act') issued a notification dated December 22, 1995 (hereinafter referred to as 'the notification') providing incentives to the entrepreneurs to establish new industrial units and/or to expand the old ones. The notification contains package of relief in the form of exemption from payment of sales tax to those industries in which the production starts between September 1, 1995 to August 31, 2000. In order to avail of the relief under the notification the entrepreneurs were required to move the application along with requisite documents including a certificate from the Director of Industries.2. The petitioner moved an application dated February 13, 1996 within time before the Deputy Commissioner, Commercial Taxes, Adityapur, Circle Jamshedpur (hereinaft...
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