Patna Court July 1998 Judgments
Mohd. MoinuddIn Vs. Haliman Nisha and ors.
Court: Patna
Decided on: Jul-31-1998
P.K. Sarkar, J.1. This misc. appeal is directed against the judgment and award of the Addl. Claims Tribunal, Hazaribagh whereby he allowed compensation of Rs. 96,000 with interest of 12 per cent per annum from the date of institution of the claim up to the date of realisation from opposite party No. 1, owner of the vehicle truck bearing No. BHM 1207 which was the subject-matter of the accident.2. It may be mentioned here that two claim cases bearing No. 8 of 1986 and No. 95 of 1985 arising out of the same accident were filed. Hence both the aforesaid cases were disposed by a common judgment. Claim Case No. 8 of 1986 was filed under Section 92-A of the Motor Vehicles Act whereas Claim Case No. 95 of 1985 was filed under Section 110-A of the Motor Vehicles Act and in both the cases the parties were the same. Being aggrieved and dissatisfied with the aforesaid order Md. Moinuddin alias Gural Mohiuddin, the owner of the vehicle in question has filed this appeal.3. Brief facts leading to ...
Tag this Judgment!Sri Durga Cement Company, Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-30-1998
R.A. Sharma and A.K. Prasad, JJ.1. The petitioner has filed four writ petitions being C.W.J.C. No. 2769 of 1997 (R), C.W.J.C. No. 2716 of 1997 (R), C.W.J.C.No. 2731 of 1997 (R) and C.W.J.C.No. 2771 of 1997 (R), challenging the notice to review dated 23.7.1997, the order dated 25.7.1997 reviewing the assessment orders dated 1.11.1991 28.4.1993, 26.11.1993 and 4.11.1993 for the assessment years 1990-91, 1991-92, 1992-93 and 1993-94 respectively and the notice of demand issued pursuant thereto. The writ petition, being C.W.J.C. No. 2726 of 1997 (R), has been filed by the petitioner challenging the order of review dated 25.7.1997 reviewing the assessment order dated 29.9.1995 for the assessment year 1994-95 and the notice of demand issued pursuant thereto. The notice to review is not being challenged in this case, because according to the petitioner no such notice was issued before reviewing the assessment order.2. The learned counsel for the petitioner has raised several contentions in s...
Tag this Judgment!Rajdeep Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-30-1998
Sachchidananda Jha, J. 1. The petitioner seeks direction to the Collector-cum-District Registrar (within the meaning of the Indian Registration Act, 1908, in short 'the Act'), Begusarai or, alternatively, to the Sub-Registrar, Begusarai to register sale deed dated 30-3-88 executed by respondent No. 4 Ram Chandra Rai in his favour. He also seeks quashing of the order of the Collector, Begusarai dated 24-10-96 in Misc. Case No. 27 of 1995 recalling his previous order dated 28-7-95 by which he had directed the Sub-Registrar to register the sale deed. 2. The relevant facts as set out in the writ petition are these. Respondent No. 4 executed a sale deed with respect of 13 kathas, 19 dhurs of land situated at Village Mohanpur within Bakhri Police Station of Begusarai District in favour of the petilioner on 30-3-88. On 30-3-88 the petitioner along with respondent No. 4 went to the Registration Office at Begusarai and presented the sale deed before the Sub-Registrar for registration. However...
Tag this Judgment!Kailash Mandal and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-30-1998
1. This appeal has been preferred by the convicted persons of Sessions Case No. 126/78 on the 1st Additional Sessions Judge, Bhagalpur. The appellants have been convicted under Section 302/149 of the Indian Penal Code and they have been sentenced to undergo imprisonment for life. They have been further convicted under Section 148, I.P.C. and sentenced to imprisonment for one year.2. Appellant No. 1 Kailash Mandal who was a Railway employee, died during the pendency of the appeal. So his appeal stood abated. However, an application has been filed on behalf of his son, namely, Devendra Kumar Singh seeking leave to prosecute the appeal. The appellants were tried for the charge that on 15-2-78 they formed an unlawful assembly with common object to commit the murder of Jagdeo Mandal. The incident which was the subject-matter of the charge happened in village Kanjhia, P.S. Nathnagar in the district of Bhagalpur.3. The case of the prosecution has been narrated by the trial Judge in paragraph...
Tag this Judgment!Sheo Shankar Prasad Singh and ors. Vs. Union of India (Uoi)
Court: Patna
Decided on: Jul-29-1998
M.Y. Eqbal, J.1. In these three writ petitions common question of law and facts are involved and therefore, with the consent of the parties these writ petitions are disposed of bythis common order.2. In Cr. W.J.C. No. 250 of 1998 the petitioner seeks indulgence of this Court for issuance of appropriate writ in the nature of certiorary for quashing the order dated 22.4.1998 purported to have been issued for convening general Court Martial for commencing trial of petitioner for offence alleged to have been committed under Sections 52(f) and 63 of the Army Act read with Section 34 of the Indian Penal Code. A further prayer has been made for appropriate direction to the respondents restraining them from taking steps for commencing the trial. A similar prayer has been made in other two writ petitions being Cr.W.J.C. Nos. 251 and 252 of 1998 for quashing the order by which the respondents purported to convene general Court Martial for commencing trial of the petitioner for the offence alleg...
Tag this Judgment!Citizens Council, Jamshedpur Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-28-1998
R.A. Sharma, J.1. The petitioner has filed this writ petition by way of Public Interest Litigation seeking appropriate writ/order to quash the order dated 10-9-1997 passed by the Sub-Divisional Officer, Dhalbhum, Jamshedpur, (Annexure 12 to the writ petition) and to direct the respondents not to hold any mela/fair for sale of textile etc. on Aam Began Maidan (hereinafter referred to as the Maidan) and not lo use it for commercial purposes. As the exhibition has already started, the petitioner has also applied for amendment of the writ petition seeking further prayer restraining the respondents from holding exhibition.2. By the order dated 10-9-1997, the Sub-Divisional Officer, Dhalbhum, Jamshedpur, has granted permission to the respondent No. 6 to hold exhibition of handloom, handicrafts, Khadinetwear etc. on the Maidan for the period from 14-4-1998 to 30-6-98, subject to its allotment by Tata Iron & Steel Company, Jamshedpur, (hereinafter referred to as TISCO). The petitioner wan...
Tag this Judgment!Md. Yakub Ansari Vs. Md. YasIn Ansari
Court: Patna
Decided on: Jul-28-1998
G.S. Chaube, J.1. This appeal is directed against the judgment and decree dated 30.8.1987/14.9.1987 passed by the learned third Subordinate Judge, Palamau at Daltonganj, in Title Suit No. 36 of 1985. By the impugned judgment and decree, the suit filed by the appellant was dismissed, but without cost.2. The case of the plaintiff-appellant is that in the year 1968, he fell in need of an amount of Rs. 4,000/- (rupees four thousand) in connection with his business. Therefore, he approached the defendant-respondent for loan of that amount on the security of about 9.3 acres of land belonging to him, situate at the village Munkeri. However, the defendant-respondent gave out that as he was not a money-lender having money lending licence, he could not advance him the loan on the basis of a mortgage deed. He, however, offered to purchase the said land with an agreement to re-convey the same on an express assurance that the transaction would be treated usufructuary mortgage. Having been so assur...
Tag this Judgment!Bihar State University (Constituent Colleges) Service Commission and a ...
Court: Patna
Decided on: Jul-28-1998
R.A. Sharma, J.1. Both these appeals have been filed against the same judgment of the learned single Judge and have been heard together. They are, therefore, being disposed of by this Common Judgment.2. Respondent No. 1 Dr. Braj Kumar Mishra in both these appeals is the Professor in Psychology in a constituent college of the Ranchi University, Ranchi (hereinafter referred to as' the University). He filed C.W.J.C. No. 3409 of 1996 (R) before this Court challenging the notification dated 4.10.1996, issued under the signature of the Registrar of the University, whereby the Vice Chancellor of the University has promoted him to the post of Professor under the time bound promotion scheme (hereinafter referred to as 'the scheme') with effect from 16.9.1992. The grievance of Respondent No. 1 is that he is entitled to be promoted to the said post under the scheme with effect from 1.2.1985. Accordingly, he had prayed for appropriate direction to the respondents in the writ petition to promote h...
Tag this Judgment!Narayan Lal Bishwas Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-28-1998
M.Y. Eqbal, J.1. In this application under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing the judgment and order dated 6.2.1998 passed by the 1st Additional Sessions Judge, Purnea in Cr. Revision No. 28 of 1998 by which he allowed the revision application and set aside the order dated 30.5.1994 passed by the Judicial Magistrate, 1st Class, Purnea, in G.R No. 2181 of 1988 passed under Section 319 of the Code of Criminal Procedure issuing summons against opposite party Nos. 2 to 5.2. The fact of the case lies in a narrow compass.3. On the basis of the first information report, a criminal case was registered under Sections 147, 447, 324 and 323 of the Indian Penal Code against the named accused persons including opposite party Nos. 2 to 5 on the allegation that on the date of occurrence the informant and his brothers were ploughing the field, in the meantime ten named accused persons including opposite party Nos. 2 to 5 came and attacked with lathi,...
Tag this Judgment!Narendra Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-28-1998
M.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for quashing the First Information Report as contained in Annexure-6 to the writ petition and further for issuance of an appropriate writ and/or direction to the Deputy Commissioner, Santhal Pargana, Dumka, to fix the sale price of sand for the year 1998 under the provisions of Bihar Minor Mineral Concessions Rules, 1972.2. The petitioner took settlement of sand ghat of Bijaypur and Rasikpur being highest bidder and the District Mining Officer, Dumka by letter dated 31.12.1997 asked the petitioner to execute agreement. It is stated that Bijaypur and Rasikpur Balughat were being settled by auction in 1995 fixing reserve Jama of Rs. 1,40,000/-, but the price of sand was not fixed. In 1996, reserved Jama was enhanced to Rs. 1,73,000/- and the price of sand was fixed to be Rs. 90/- per hundred cubic feet. The petitioner's case is that in the notice of auction for settlement of Balughats for the period 1.1.1998 to 31.12.1...
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