Patna Court March 1998 Judgments
Dr. Rama Nand Kumar @ Rama Nand Vs. State of Bihar
Court: Patna
Decided on: Mar-19-1998
D.S. Dhaliwal, J.1. Dr. Rama Nand Kumar, the petitioner herein figures as one of the accused in Patna (Vigilance) P.S. Case No. 10 of 1984 in which case charge-sheet has been filed against him and four others in the Court of Special Judge, Vigilance, Patna. It appears that petitioner filed an application under Section 239 of the Code of Criminal Procedure praying for his discharge in the said case, and that application was dismissed by the Special Judge vide order dated 21-7-1997. Petitioner seeks quashing of the said order by filing this petition under Section 482 of the Code.2. I have heard the learned Counsel for the petitioner and Standing Counsel for Vigilance and have perused the records with their assistance.3. Going through the records, I find that the Court below is not proceeding with the case in strict compliance with the procedure laid down in the Code, as a result whereof the trial of the case is being unnecessarily delayed as unwarranted opportunities come handy to the a...
Tag this Judgment!Budhni Oraon and ors. Vs. Umesh Kumar Mishra and anr.
Court: Patna
Decided on: Mar-19-1998
M.Y. Eqbal, J.1. Head Mr. A.K. Lal, the learned Counsel appearing for the appellants-respondents and Mr. A.K. Sahani, learned Counsel for the respondent Insurance Company.2. This appeal by the claimants has been filed for enhancement of the amount of compensation awarded by the Claims Tribunal, Ranchi in Compensation Case No. 133 of 1990. It appears that on the relevant date of accident the deceased was returning from Bazar at about 4 p.m. and when he reached near Hutar More near village Bijupara, all of a sudden a mini bus bearing registration No. BR 14 (L) 8925 came and dashed against the deceased who instantaneously died. The Claims Tribunal after considering the evidence and after hearing the parties assessed the compensation at Rs. 60,000/- and passed the award accordingly.3. Mr. A.K. Lal, the learned Counsel appearing for the appellants submitted that the procedure adopted by the Tribunal in assessing compensation is contrary to law inasmuch as 50 per cent of the income of the ...
Tag this Judgment!The Bihar State Co-operative Marketing Union Ltd. and anr. Vs. Islok S ...
Court: Patna
Decided on: Mar-19-1998
Radha Mohan Prasad, J.1. This is an application for condonation of delay in filing the appeal by the appellants against the judgment and decree dated 4th March, 1989 passed by the learned Subordinate Judge-II, Gaya in Title Suit No. 53 of 1986.2. The said suit was filed by the plaintiff respondent for declaration that the order rescinding contract is illegal and without jurisdiction and the plaintiff is entitled to the damages and compensation with interest pendente lite and future till realisation and also for the cost of the suit.3. The trial Court on consideration of the evidences decreed the suit in part on contest with costs. It was held by the trial Court that the plaintiff is further entitled for the interest pendente lite and future at the rate of 9% per annum fill the realisation and passed the decree for Rs. 71,013/- which was directed to be deposited within four months from the date of the judgment.4. This appeal has been filed on 21.8.1989. It is submitted that there is de...
Tag this Judgment!Amit Coke Industries Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-19-1998
1. Being aggrieved by the order dated November 3, 1997 rejecting its application for grant of exemption from payment of tax under the Industrial Policy, 1995 (hereinafter referred to as 'the policy') issued, vide notification Nos. S.O. 478 and 479 dated December 22, 1995, Under Section 7(3)(b) of the Bihar Finance Act, 1981 (hereinafter referred to as 'the Act'), the petitioner has filed this writ application. The said application has been rejected on the ground that the petitioner's unit is not a new unit but an old one purchased from a sales tax defaulter.2. The respondents have filed counter-affidavit. The petitioner has filed rejoinder in reply thereto. We have heard Mr. Binod Poddar, learned counsel for the petitioner, and Mrs. I. Sen Choudhary, learned S.C.I., for the respondents.3. Under the Industrial Policy, 1995, an entrepreneur, who has established a new industrial unit, can claim exemption from payment of tax under the Act. The new unit has been defined in the policy as a ...
Tag this Judgment!Budhni Oraon and ors. Vs. Umesh Kumar Mishra and anr.
Court: Patna
Decided on: Mar-19-1998
M.Y. Eqbal, J.1. Heard Mr. A.K. Lal, the learned Counsel appearing for the appellants-claimants and Mr. A.K. Sahani, learned Counsel for the respondent insurance company.2. This appeal by the claimants has been filed for enhancement of the amount of compensation awarded by the Claims Tribunal, Ranchi in Compensation Case No. 133 of 1990. It appears that on the relevant date of accident the deceased was returning from bazar at about 4 p.m. and when he reached near Hutar More near village Bijupara, all of a sudden a mini bus bearing registration No. BR 14 (L) 8925 came and dashed against the deceased who instantaneously died. The Claims Tribunal after considering the evidence and after hearing the parties assessed the compensation at Rs. 60,000 and passed the award accordingly.3. Mr. A.K. Lal, the learned Counsel appearing for the appellants submitted that the procedure adopted by the Tribunal in assessing compensation is contrary to law inasmuch as 50 per cent of the income of the dece...
Tag this Judgment!Sheokali Devi and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-19-1998
S.J. Mukhopadhaya, J.1. The writ petition was originally preferred by one Mangal Sah against the order dated 6th April. 1983, passed in Land Encroachment Case No. 2/82-83 and the appellate order dated 17/31st July, 1983, passed in Case No. 39 of 1983.During the pendency of the writ petition, the petitioner died and his heirs Sheokali Devi and others were substituted in his place.2. In this case, the dispute relates to 3 Kathas of land out of plot No. 2000, Khata No. 170 situated in village Dharamparta.3. The case of the petitioners is that the total plot, in question belonged to Hathwa Raj, who settled the land, in dispute in favour of the original-petitioner, over which the original petitioner constructed a Pucca house and they are residing with the family. After vesting of Zamindari with the State of Bihar, the original petitioner applied for creation of Jamabandi in the year 1967 and taking into consideration the possession, receipts including Receipt No. 2516 dated 17th August, 19...
Tag this Judgment!Fatah Mian and ors. Vs. State of Bihar
Court: Patna
Decided on: Mar-18-1998
Aftab Alam, J.1. There are seven appellants in this appeal. They were all convicted by the trial Court under Section 307 read with Section 34 to the Penal Code. Appellate No. 2, in addition to this, was also convicted under Section 27 of the Arms Act. All the appellants were sentenced to undergo rigorous imprisonment for three years under Section 307/34 of the Penal Code. Appellant No. 2 was additionally sentenced to undergo rigorous imprisonment for 18 months for the offence under the Arms Act. His two sentences were directed to run concurrently.2. It may be noted here that before the trial Court there was one more accused namely Rashid Mian. At the commencement of the trial, he was charged with under Section 307 of the Penal Code and Section 27 of the Arms Act. He, however, died before the conclusion of the trial.3. The prosecution case was instituted on the basis of the fardbeyan (Ext. 2) of Allauddin (PW 7) which was recorded at Bhabua P.S. by a Sub-Inspector posted there on 1.11....
Tag this Judgment!Tata Engineering and Locomotive Company Ltd. and anr. Vs. Union of Ind ...
Court: Patna
Decided on: Mar-18-1998
R.A. Sharma, J.1. Whether Rule 57F-(1)(ii) of the Central Excise Rules, as it was before its amendment made in 1995 in so far as it provides for payment of excise duty on the duty paid inputs brought into factory under MODVAT Credit Scheme, but removed there from for sale in market or for export on the basis 'as if such inputs have been manufactured in the said factory', is ultra vires the Rules making power of the Central Government, is the question, which is involved in this writ petition.2. The petitioner No. 1 (hereinafter referred to as the petitioner) manufactures commercial motor vehicles excavatore and cranes in its factory at Jamshedpur. The petitioner No. 2 is its partner. The petitioner in order to take advantage of the MODVAT Credit Scheme brought duty paid inputs in its factory for using them in or in relation to the manufacture of its final products. However, all the inputs brought in the factory under the said Scheme were not used by the petitioner in the remanufacture ...
Tag this Judgment!Union of India (Uoi) Through the Chief of Revenue Central Coal Fields ...
Court: Patna
Decided on: Mar-18-1998
Prasun Kumar Deb, J.1. All these appeals have been preferred against the judgment and award dated 23rd March, 1993, passed by Smt. Rajendra Kumari, the then Additional Judicial Commissioner-cum-Tribunal, Ranchi, constituted under Section 14(2) of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (Act No. 20 of 1957) (hereinafter to be referred to as 'the Act') in Reference Case Nos. 143 of 1988 to 187 of 1988 enhancing the compensation granted on acquisition of lands by the Central Government under Section 9 of the Act vide Notification No. 51 (E), dated 24th January, 1975. Smt. Rajendra Kumari was appointed as Tribunal as contemplated under Section 14(2) of the Act and the references were made by the appellant on behalf of the Central Government for determination regarding the sufficiency of the amount of compensation offered by the Central Government for the lands and houses, trees i.e. zirats acquired under these reference cases. The tribunal passed a consolidated judg...
Tag this Judgment!National Insurance Co. Ltd. Vs. Smt. Shobha Devi and ors.
Court: Patna
Decided on: Mar-17-1998
M.Y. Eqbal, J. 1. This Misc. appealis directed against the judgment and award dated 21-7-1994 passed by the Additional Claims Tribunal, Dhanbad, in Title (MV) Suit No. 87 of 1989, whereby the Tribunal awarded a sum of Rs. two lacs to the claimants respondents and held that the entire amount is payable by the Insurance Company. 2. The aforesaid suit was filed by the plaintiff claimants for the grant of compensation on account of death of her husband by reason of motor vehicle accident. The facts of the case are not in dispute. The deceased on 13-8-1989 going from his house towards Bastacolla colliery and when he reached near a peepal tree, the trekker came from Dhanbad in a high speed and in an attempt to save another trekker dashed the deceased Pradeep Kumar Nonia causing grievous injury. The said Pradeep Kumar Nonia subsequently succumbed to the injuries on 21-8-1989. The defendant No. I (Respondent No. 2) being owner of the offending vehicle appeared but neither filed any written s...
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