Patna Court March 1998 Judgments
Rajendra Kishri Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-31-1998
M.Y. Eqbal, J.1. In this application the petitioner-informant (hereinafter referred to as 'the informant') has prayed for cancellation of bail of accused Shambhu Agrawala (hereinafter referred to as 'the petitioner) who has been granted bail by this Court in Cr. Misc. No. 2090/97 (R) vide order dated 11.4.1997. The petitioner in this case was made accused for committing a non-bailable offence under Section 395 of the Indian Penal Code in connection with Dhanbad P.S. Case No. 735/95.2. It appears that the informant lodged first information report on 7.9.1995 alleging inter alia that while he returned from Calcutta to Dhanbad after collecting sale proceeds of Cigarettes and after taking out his Scooter from Dhanbad Railway Station proceeded for coming to home he was intercepted by some miscreants who were on the Hero-Honda Motor-cycle and at the pistol point the miscreants snatched the breaf-case containing Rs. 4,50,000/-. After looting the money and other articles the accused persons s...
Tag this Judgment!Latal Sheikh Vs. State of Bihar
Court: Patna
Decided on: Mar-30-1998
S.K. Chattopadhyaya. J.1. The appellant, Latal 'Sheikh, who has been convicted under Section 326 IPC and sentenced to undergo R.I. for 4 years, has impugned the judgment dated 19th November, 90 passed by the learned 3rd Additional Sessions Judge, Giridih in Session Trial No. 129/87 arising out of G.R. No. 44/88.2. The prosecution case is that the appellant married to Saidrun Bibi, cousin sister of the informant, Mansoor Sheikh. As the appellant was contemplating to perform another marriage within a short period, Mansoor conveyed a Panchayati on 11.6.84 at 8 p.m. in order to restrain the appellant from performing another marriage. Panches interrogated the appellant regarding his reasons to perform second marriage, in which Latal replied that he would keep his both wives. On this Mansoor and his brother Muzaffar Sheikh objected which led to some altercation between the informant and his brother on the one hand and the appellant and other accused namely, Noor Mohammad, Jakir Sheikh and ...
Tag this Judgment!S.K. Samanta and Company Vs. Central Coalfield Limited
Court: Patna
Decided on: Mar-27-1998
M.Y. Eqbal, J. 1. These two aforementioned Misc. appeals under Section 39(i)(vi) of the Arbitration Act arise out of the common judgment and order dated 30-11-1991 passed by the Subordinate Judge I, Ranchi, in Misc. Case No. 29 of 1987 whereby and whereunder the learned Court below affirmed the award passed by the arbitrator but set aside the award of grant of interest during the pendency of arbitration proceeding. 2. The facts of the case lie in a very narrow compass. An agreement was executed by and between National Coal Development Corporation now Central Coalfield Limited and M/s. S. K. Samanta and Company on 4th April, 1975 for the execution of work of diversion of Godo Nala at Bokaro Colliery in the district of Giridih. Subsequently disputes and differences arose with regard to payment of bills and the Chairman-cum-Managing Director of the appellant-Central Coalfield Limited appointed Mr. P.N.S. Pradeep. General Manager Transport as arbitrator by letter dated 14-1-1983 and the ...
Tag this Judgment!Chandan Kesri Vs. State of Bihar and anr.
Court: Patna
Decided on: Mar-27-1998
Narayan Roy, J.1. Basically, the prayer of the petitioner by this application is to release him on bail. It is stated that earlier criminal miscellaneous application was filed under Sections 439 and 440 of the Code of Criminal Procedure but the stamp reporter raised objection about the maintainability of this application as the order impugned was passed by the learned Sessions Judge in criminal appeal holding as to whether the petitioner is juvenile or not.2. On reading of the impugned judgment of the learned Sessions Judge it appears to me that the petitioner has been held to be a juvenile but at the same time, his prayer for bail has been rejected. Against rejection of the prayer for bail, the petitioner is entitled to come to this Court by filing an application under Sections 439 and 440, Cr.P.C. and, therefore, no objection should have been raised by the stamp reporter.3. Under the circumstances, the petitioner is permitted to convert this application into an application under Sec...
Tag this Judgment!Subodh Kumar @ Subodh Kumar Gupta Vs. Sita Ram Prasad and ors.
Court: Patna
Decided on: Mar-26-1998
Gurusharan Sharma, J.1. The plaintiffs, Sita Ram Prasad and his wife Indu Devi filed Title Suit No. 146 of 1982 for eviction of the defendant, Subodh Kumar @ Subodh Kumar Gupta, from the suit premises under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act').2. The suit was decreed in part by the impugned judgment and decree dated 23.12.1992. The defendant was directed to vacate half area of the suit premises. It was held that the plaintiffs established their bona fides and reasonable personal necessity, but at the same time applying the proviso to Section 11(1)(c) of the Act, the trial Court found that the plaintiff's requirement would substantially be satisfied by the defendant's eviction from half area of the suit premises.3. Both parties were dis-satisfied with the said decision. The plaintiffs preferred Eviction Appeal No. 1 of 1993 before the District Judge, Mazuffarpur. against dismissal of his suit for eviction ...
Tag this Judgment!Ramjee Singh @ Ram Nandan Singh Vs. Jugal Kishore Singh
Court: Patna
Decided on: Mar-26-1998
Gurusharan Sharma, J.1. The plaintiff-opposite party filed Title (Eviction) Suit No. 13 of 1993, for eviction of the defendant-petitioner from the suit premises, fully described in the schedule to the plaint under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act').2. After obtaining leave under Section 14(4) of the Act, the defendant filed written statement and contested the suit.3. The defendant along with his wife claimed his ownership over the suit premises. By a registered sale deed dated 13.12.1989 (Ext.J/1) Prabhawati Devi, his wife purchased it from Haredhan Dey, Pinku Kumar Sharma and Chintu Kumar Sharma, both minor sons of Jogendra Prasad Sharma through their father-guardian. The defendant challenged the plaintiffs title and denied relationship of landlord and tenant. He further claimed to have constructed the house in question and was living therein in his own right.4. On the other hand, the plaintiff claimed...
Tag this Judgment!industrial Investment Bank of India and anr. Vs. Magadh Spun Pipe Ltd. ...
Court: Patna
Decided on: Mar-26-1998
P.K. Deb, J.1. Originally this petition was filed under Section 40 of the Industrial Reconstruction Banff of India Act, 1984 for an order to sell the properties contained in Schedule A, B and C and Till then ad interim order of injunction restraining the respondent No. 1, its agents and servants from removing or alienating or encumbering or transferring to properties and assets mentioned in the above Schedule. Afterwards when this Act has been repealed by new Act as Industrial Reconstruction Bank of India Act, 1995, an amendment petition has been filed under the repealed Act. The position regarding proceedings under Section 40 of the Old Act remained in vogue as the petition was filed before coming into the force of the new Act in the month of December, 1995. Such amendment was allowed after hearing the Counsel for the parties. That even after amendment also the petition shall be constituted as a petition under Section 40 of the Industrial Reconstruction Bank of India Act.2. The case ...
Tag this Judgment!Aman Coke Plant (P), Limited Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-26-1998
R.A. Sharma, J.1. On 2.9.1997 the petitioner was granted a certificate of exemption from payment of sales tax on purchase of raw material under the Bihar Finance Act (hereinafter referred to as the Act) for the period from 5.4.1993 to 4.4.1998. Before the exemption, certificate was granted on 2.9.1997 although with effect from 5.4.1993 the petitioner has already paid the tax for the part of the period, (5.4.1993 to 1.9.1997) for which it was granted exemption. It, therefore, requested the Bharat Coking Coal Limited and the Central Coal fields Limited (respondent Nos. 4 and 5 respectively) to refund the tax collected by them from it on purchase of raw materials. The tax not having been refunded the petitioner has filed this writ application seeking a writ of mandamus directing the respondent Nos. 4 and 5 to refund the tax paid by it to them from 5.4.1993 to 2.9.1997. Prayer seeking appropriate writ directing the respondents to give it the benefit of exemption on purchase of raw materia...
Tag this Judgment!Dr. Niteshwar Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-25-1998
A.K. Ganguly, J.1. Since there was some urgency in the matter, the , matter was heard at some length at the admission stage itself and is being disposed of by this judgment. This writ petition has been filed for quashing the notification No. 236 dated 16.7.1997, as contained in Annexure-1 to the writ petition, issued under the signature of respondent No. 3, the Deputy Secretary to the Government, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna. Under the said notification dated 16.7.1997 'tie appointment of respondent No. 4 Dr. Shekhar Choudhary to Nalanda Medical College Hospital, Patna in the Eye Department as an Assistant Professor from 1993 panel has been ordered.2. The main ground of challenge to the said appointment by the petitioner is based on the interpretation of the advertisement notice. Learned Counsel for the petitioner submits that the appointment of respondent No. 4 could not have been made possible but for relaxation of his teachi...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Lalmuni Devi and anr.
Court: Patna
Decided on: Mar-24-1998
M.Y. Eqbal, J.1. This appeal is directed against the judgment and award dated 20.6.1991 passed by Additional Claims Tribunal, Hazaribagh, in Compensation Case No. 63 of 1987 allowing the claim of the claimant-respondent No. 1 and awarding compensation of Rs. 95,000 together with interest at the rate of 12 per cent from the date of filing of the claim petition.2. The claimant-respondent No. 1 filed the aforementioned case before the Claims Tribunal for the grant of compensation on account of death of one Surinder Prasad Gupta who died while travelling in a bus. According to the claimant on 12.5.1987 the deceased was travelling by Amit bus bearing registration No. BPQ 9900 and was going to Gaya from Ramgarh. It is alleged that when the bus reached near Masipirhi on the national highway it was being driven rashly and negligently and as a result of which it dashed against another bus coming from opposite direction. The impact of dashing was that the deceased died on the spot because of g...
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