Patna Court March 1998 Judgments
ignatia Kujur and ors. Vs. National Insurance Co. Ltd. and anr.
Court: Patna
Decided on: Mar-24-1998
M.Y. Eqbal, J.1. The claimants-appellants being aggrieved and dissatisfied with the amount of compensation awarded by the Motor Accidents Claims Tribunal, Ranchi, in Compensation Case No. 85 of 1991 filed this appeal for the enhancement of compensation amount.2 The claimants-appellants as heirs of late William Kujur filed a claim case before the Claims Tribunal, Ranchi, for the grant of compensation on account of death of William Kujur in a motor vehicle accident.3. The case of the claimants-appellants is that when the deceased was going to H.E.C. on 25.3.1991 by his Rajdoot motor cycle he was killed by a Trekker bearing the registration No. BPM 2382 which was being driven rashly and negligently. According to the claimants the deceased was employed in H.E.C. as the Assistant Foreman and he was aged 49 years. The deceased was getting salary of Rs. 3858.28 per month.4. The owner of the Trekker appeared and filed written statement stating, inter alia, that the Trekker was insured with r...
Tag this Judgment!Nirmal Kumar Ghosh Vs. State of Bihar and anr.
Court: Patna
Decided on: Mar-23-1998
S.K. Chattopadhyaya, J.1. Heard Mr. Chandra for the petitioner, Mr. Anil Kumar for opposite party No. 2 and Mr. Dubey on behalf of the State.2. The petitioner has impugned the very initiation of the proceeding under Section 107 of the Code of Criminal Procedure (shortly Cr.P.C. ) against him on the ground that when the police report does not show any overt act by the petitioner, the proceeding could not have been initiated.3. The facts of the case lie in a narrow compass: At the instance of opposite party No. 2 the police submitted a report requesting the Magistrate for drawing up a proceeding under Section 107 Cr.P.C. From the police report, as contained in Annexure 2, it appears that according to the opposite party No. 2-Ist party, the petitioner-2nd party was his tenant in respect of a rented house. Whenever the petitioner was asked to pay rent, he refused to pay the same and on being asked to vacate the premises, he was always bent upon to assault. The statement of the petitioner ...
Tag this Judgment!Sushil Kumar Modi and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-20-1998
S.N. Jha and S.J. Mukhopadhaya, JJ.1. The CBI and the Income Tax Department have filed their respective progress reports. Heard the counsel for the parties. Also heard Joint Director, CBI. Sri U.N. Biswas in person.2. Permission is accorded to the repatriation of the present Superintendents of Police, CBI, Patna, Dhanbad and Ranchi Branches, on suitable replacement being provided in consultation with the Joint Director.3. The Director, CBI, is directed to post a regular full-fledged DIG to look after the investigation of Fodder Scam cases in place of Sri R.N. Kaul, who has since been promoted as Joint Director and stationed at New Delhi, at the earliest.4. On 23.8.96 this Court had desired to know from the CBI as to why, in view of the nature of the materials already collected in course of investigation of the cases already instituted by them, separate case with respect to the offence prescribed under Section 13(1)(e) of the Prevention of Corruption Act, 1988 has not been instituted a...
Tag this Judgment!Mathura Prasad and anr. Vs. State of Bihar
Court: Patna
Decided on: Mar-20-1998
S.K. Chattopadhyaya, J.1. Heard Mr. Banerjee, learned Counsel for the petitioners and Mr. Mahto, learned Counsel for the State.2. Pursuant to order dated 5.3.1998 lower Court records alongwith case diary have been received.3. In this case the order dated 11.8.1997 passed by Sri O.P. Rai, learned Judicial Magistrate, 1st Class, Hazaribagh has been impugned, by reason of which the prayer made by the petitioners for their discharge has been rejected.4. Short fact of the case is that the officer-in-charge of Ramgarh Police Station, on receiving a secret information about theft of cable, raided the house of the petitioners on 12.2.1994. On raid no cable was found from the premises of the petitioners but some jwelleries were found kept in a different bundles. It is alleged that the petitioners could not show any document in relation to those jewelleries. Merely on this, the police presumed that these jwelieries were stolen articles and thus seized those jwelleries and registered a case unde...
Tag this Judgment!Ram Udai Singh Vs. Hareram Singh
Court: Patna
Decided on: Mar-20-1998
Grusharan Sharma, J.1. Money Suit No. 21 of 1991 was filed against the defendant-appellant herein for realisation of a sum of Rs. 1,48,225/- with interest, pendentelite and future till realisation, which was decreed without contest on 25.2,1993.2. Miscellaneous Case No. 4 of 1993, under Order IX, Rule 13 of the Code of Civil Procedure was filed by the defendant to set aside the said ex-parte decree, which has been dismissed by the impugned order dated 5.8.1994.3. It is not in dispute that although the defendant appeared in the suit on 18.8.1992, but inspite of several adjournments, no written statement was field till 27.1.1993, when obviously the suit was fixed for hearing. On 9.2.1993, under Order VII, Rule 10 of the Code of Civil Procedure. Thereafter, the suit was transferred from the Court of First Subordinate Judge to Fourth Subordinate Judge. On the defendant's prayer made on 9.2.1993 before the transferee Court, date of hearing of the suit was extended to 18.2.1993. However, on...
Tag this Judgment!Vidya Devi and Etc. Vs. Gauri Shankar Prasad Shrivastava and ors.
Court: Patna
Decided on: Mar-20-1998
Sachchidanand Jha, J. 1. These two civil revisions -- oneby the defendant -- State of Bihar and the otherby the private defendant -- arising out of thesame order have been heard together and aredisposed of by this common order. By theimpugned order the plaintiffs' suit has beenadmitted as being in continuation of the previoussuit. The relevant facts are as follows. 2. On 19-8-82, 1.27 acres lands of plot No. 2003, Khata 0.523 at Dumraon was settled with Smt. Vidya Devi, petitioner of C. R. No. 1495 of 1995, by Government order. While 1.145 acres land was purportedly settled for agricultural purposes, 0.125 acre land was purportedly settled for residential purposes. Gauri Shanker Prasad Shrivastava, the original plaintiff (opposite party Nos. 2 to 6 were added as co-plaintiffs later on 8-4-88), instituted Title Suit No. 39 of 1984 before the 1st Munsif, Buxar, after giving notice under Section 80 of the Code of Civil Procedure, seeking a declaration that the settlement was forged, fa...
Tag this Judgment!Banwari Lal Agarwalla Vs. Ram Swaroop Agarwalla
Court: Patna
Decided on: Mar-19-1998
M.Y. Eqbal, J. 1. Since the fate of these two cases depends upon the adjudication of mainissue 'whether the agreement to sell is valid and enforciable in law,' the appeal and the revision have been heard together and are being disposed of by this common judgment. 2. The plaintiff appellant has filed First Appeal No. 149/95(R) against the judgment and decree dated 6-7-1995 passed by Sub-judge Ist. Bokaro at Chas dismissing title suit No. 53/91 filed by the appellant for a decree for specific Performance of Contract. The appellant filed Civil Revision No, 293/95 under Section 14(B) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 against the judgment and decree passed by Sub-judge Ist. Bokaro at Chas decreeing title suit (E 21/90) for eviction of the defendant appellant from the shop premises. 3. The case of the plaintiff appellant in the aforesaid suit for Specific Performance of Contract is that the defendant respondent is the owner and landlord in respect of all ...
Tag this Judgment!Jahagir Khan and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-19-1998
B.M. Lal, C.J.1. Jahagir Khan and Md. Khalik Khan, who are Havildar and constable in Police Department, have filed this writ petition challenging their transfer orders as contained in Annexures 3 and 3/1 and their suspension orders as contained in Annexures 1 and 1/1, respectively and a further prayer has been made that their subsistence allowance be increased to the extent of 3/4th of their respective salary.2. At the relevant time, the petitioners were posted in Siwan district and were deputed as shadow of Md. Sahabuddin, M.L.A. However, both the petitioners along with others have been charge-sheeted for the offences punishable under Sections 307/353/34 of the Indian Penal Code read with Section 27 of the Arms Act.3. Consequent upon the criminal prosecution, both the petitioners were put under suspension vide orders as contained in Annexure 1 and 1/1 both dated 4-5-1996. Thereafter, vide orders as contained in Annexures 3 and 3/1 both dated 24-1-1998 both the petitioners were transf...
Tag this Judgment!East Bihar Regional Bus Union, Bhagalpur Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-19-1998
B.M. Lal, C.J. 1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner which is a registered union under All India Motor Transport Congress bearing Registration No. B/2054, is carrying on business of transport styled as East Bihar Regional Bus Union, Bhagalpur, seeks an appropriate writ for quashing Schedule II framed under sub-section (2) of Section 5 of the Bihar Motor Vehicles Taxation Act, 1994, and for declaring the provisions of Sub-section (2) of Section 5 of Bihar Motor Vehicles Taxation Act, 1994 (hereinafter to be referred to as 'the Act') ultra vires to the provisions of Articles 19(1)(g) and 14 of the Constitution of India. 2. Before dealing with the controversy in issue, it is necessary to give the genesis of the case so as to appreciate imposition of levy of tax by the State Government in exercise of its authority and powers under Section 5 of the Act, which envisages that every owner of a registered motor vehicle shall pay tax on s...
Tag this Judgment!Birendra Kumar Singh and ors. Vs. Bihar State Agricultural Marketing B ...
Court: Patna
Decided on: Mar-19-1998
Nagendra Rai, J.1. Heard the counsel for the parties.2. The petitioners, who are working as Price Reporters in the Bihar State Agricultural Marketing Board (hereinafter referred to as the Board) have filed the present application to grant the same pay scale to the petitioners which are being given to the Market Supervisor as per office order No. 796 dated 5.9.94, a copy of which has been annexed as Annexure-2 to the writ application.3. According to the petitioners the Price Reporter as well as Market Supervisor were getting the same scale from 1980 and in 1994 they were in the pay scale of 1320-2040/-. The Board took a decision on 5.9.94 (vide Annexure-2) to upgrade the pay scale of the Market Supervisor and upgraded their pay scale to 1500-2750/-. The grievance of the petitioners is that they should also be placed in the same scale.4. The stand of the Board is that the enhancement/upgradation of the pay scale of the Market Supervisor is provisional one subject to the approval of the ...
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