Patna Court July 1998 Judgments
Most. Jharla Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-25-1998
Aftab Alam and D.S. Dhauwal, JJ.1. The petitioner is the widow of a Government employee who died, while in service, on 1.12.1985. According to the petitioner she was entitled to receive as Group Insurance a sum of Rs. 96,000/- as provided under resolution No. 4145 dated 13.7.1985 amending the Group Insurance Schemew. e. f. July 1, 1985 (hereinafter referred to as the 1985 Scheme). The respondent authorities, however, maintained that she should be paid Rs. 24,000/- only as Group Insurance under resolution No. 3412 dated 29.3.1982 (hereinafter referred to as the 1982 Scheme) which was in existence till July 1, 1985 before being amended by the 1985 Scheme.2. At the time of admission of this case the Court directed for payment of the admitted amount of Rs. 24,000/- to the petitioner without prejudice to her claim for the higher amount. A bank draft for Rs. 24,000/- drawn in the name of the petitioner was accordingly handed over to her Counsel in Court on 3.2.1989. The claim of the petitio...
Tag this Judgment!Shree Baidyanath Ayurved Bhawan (Pvt.) Ltd. Vs. Union of India (Uoi)
Court: Patna
Decided on: Jul-24-1998
1. This is a 1988 petition. By this petition, the petitioner claims refund of the excess amount which it has deposited under the provisions of the Central Excises and Salt Act, 1944 (hereinafter to be referred to as' the Act').2. It is alleged that under the mistaken notion of law the petitioner has deposited the amount in dispute and the same is refundable to the assessee in view of the provisions of Section 11B of the Act. It is also submitted that the petitioner has made an application before the appropriate authority for the refund of the amount on 27-8-1982.3. It is contended that the excess amount has been deposited in between the period 1-3-1975 and 28-2-1978. However, the petitioner acquired knowledge that under the mistaken notion of law it has deposited the amount in excess and the same is liable to be refunded to it only after the judgment passed by the Appellate Collector, Central Excise and Customs, New Delhi, dated 3-10-1981 in M/s Hamdard (Wakf) Laboratories, Meerut Roa...
Tag this Judgment!Lalu Prasad Alias Lalu Vs. the State of Bihar
Court: Patna
Decided on: Jul-24-1998
Naresh Kumar Sinha, J.1. Heard Sri Kapil Sibbal, learned senior Counsel for the petitioner and Sri C.S. Vaidyanathan, learned Additional Solicitor General of India for the State-C.B.I., Bihar, opposite party.2. The petitioner is an Ex-Chief Minister of this State and presently a Member of Parliament and the President 'of the Rashtriya Janta Dal. In his application under Section 482 of the Code of Criminal Procedure. 1973 (hereinafter the 'Code') he has questioned the legality and correctness of the order dated 2.7.98 passed by Sri S.K. Lal. Special Judge. C B.I (A.H.D.) in Special case No. 65/96 arising out of R.C. No. 64(A)/96. Patna. By the said order the learned Special Judge had directed the petitioner to surrender to the jurisdiction of the Court. He seeks quashing of the impugned order dated 2.7.98 copy of which is Annexure-1 in so far it relates to a direction to the petitioner to surrender by 27th July 1998 and to restrain the trial Court from taking the petitioner into custod...
Tag this Judgment!Baidnath Prasad Alias Baidyanath Sah and anr. Vs. State of Bihar
Court: Patna
Decided on: Jul-24-1998
M.Y. Eqbal, J.1. In this application under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing an order dated 10.2.1998 passed by the Judicial Magistrate, Railway, in Samastipur NRPA (RPF) No. 3 of 1991 (Tr. No. 165 of 1993), whereby the petition filed by the petitioners for their discharge has been rejected and direction has been given to frame charge against the petitioners under Section 3 of the Railway Property (Unlawful Possession) Act, 1966.2. The prosecution case, in brief, is that on telephonic information the business premises of the petitioner, Baidyanath Prasad @ Baidyanath Sah was raided and searched on 22.2.1991 by the Railway Police Force Personnel and some articles were recovered. Accordingly, a case was registered against the petitioners and two other accused persons under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 (for short 'R.P.U.P. Act). It appears that after enquiry, an enquiry report as submitted.3. The c...
Tag this Judgment!Bhuneshwar Sharma Vs. State of Bihar
Court: Patna
Decided on: Jul-24-1998
M.Y. Eqbal, J.`1. In this application under Section 482 of the Code of Criminal Procedure, the petitioner has challenged the order dated 3-12-.1997 passed by the Judicial Magistrate, 1st Class, Patna, in G.R. No. 3308 of 1996 by which the application filed by the petitioner for discharging him from trial has been rejected.2. The aforesaid criminal case was registered on the basis of the written report submitted by the Chief Manager B.I., Main Branch, Patna, stating therein that on 9-12-1995 one Alok Kumar Mishra, Holder of Saving Bank Account approached the Bank for grant of loan of a sum of Rs. 3.25 lacs against pledge of the Kisan Vikas Patra of Rs. 5 (five) lacs. The said applicant discharged the Kisan Vikas Patra for the value of Rs. 5 (five) lacs in favour of the bank and noting of lien were also found marked from the office of Post Master, G.P.O. Patna, on the face of each scrip. Before sanction of any loan to the applicant, the officer of the Bank preferred to get the genuinene...
Tag this Judgment!Deoki Prasad Rajgarhiah and anr. Vs. Smt. Anar Dai Poddar and ors.
Court: Patna
Decided on: Jul-23-1998
G.S. Chaube, J. 1. This appeal is directed against the judgment and decree dated 6-9-1986 passed by the learned First Addl. Subordinate Judge, Ranchi, in Title Suit No. 170/80, 108/83 whereby the suit of the plaintiff for dissolution of the partnership and rendition of account thereof' has been decreed with cost on contest against defendants No. 1 and 4, and, against rest ex parte, but without cost. In this appeal, the sole plaintiff Srikrishna Poddar was arrayed as respondent No/ 1. However, he died during the pendency of the appeal. Consequently, his heirs and legal representatives have been substituted as respondents I series. 2. The case of the plaintiff who was respondent No. 1 in the present appeal, was that some time in 1958, the plaintiff and defendants 1, 3 and 4 as well as the father of defendant No. 2, namely, Chiranjilall Sonthalia entered into a partnership agreement for carrying some construction work under the name and style of M/s. New India Builders having its offic...
Tag this Judgment!Bihar State Electricity Board, Patna and ors. Vs. Baxi S.R.P. Sinha an ...
Court: Patna
Decided on: Jul-23-1998
B.M. Lal, C.J. 1. This is an application under Section 5 of the Limitation Act for condoning the delay of 53 days in filing the Letters Patent Appeal.2. It is contended that the judgment impugned was passed in the writ petition on 6-11 -96 and the Letters Patent Appeal has been filed on 29-1-97. The appeal was filed after 83 days of the impugned judgment without filing the certified copy of the judgment and, therefore, only 30 days' period which is prescribed for filing the Letters Patent Appeal is liable to be excluded and in this way the appeal is barred by 53 days.3. It is submitted that respondent No. 1 submitted his representation and he annexed a copy of the judgment and that is how the appellants came to know about the judgment. On 14-11-96 the order was sent to the Electrical Superintending Engineer, who forwarded the same to the Chief Engineer (Commercial) of the head office of the Board. The said order along with the letter of the Electrical Superintending Engineer dated 19-...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Premlata Devi and ors.
Court: Patna
Decided on: Jul-23-1998
P.K. Sarkar, J.1. This Misc. appeal is directed against the judgment dated 5.10.88 and decree dated 30.11.88 passed by the Addl. Claims Tribunal-cum-4th Addl. District Judge, Hazaribagh in Claim case No. 99/86 whereby the said Tribunal has awarded a sum of Rs. 80,000/- against New India Insurance Company Ltd. who has preferred this appeal.2. It may be mentioned here that the respondent Nos. 1 to 4 have also filed a cross-objection against the said judgment and award dated 5.10.88 praying therein to enhance the amount of compensation to Rs. 1,20.000/-.3. Brief facts leading to this appeal are that one Sri Nagarmal Agrawalla was travelling on 7.12.83 in a Bus bearing No. BRM 8471 (Mini Bus) and was going form Charhi to Hazaribagh. When the said Mini Bus reached near Charhi Ghat at about 2 p.m. it dashed against a truck coming from the opposite direction causing injuries to the deceased, Nagarmal Agarwalla who was sitting in the front portion of the vehicle by the side of the driver. He ...
Tag this Judgment!Baijnath Kachchap Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Jul-23-1998
Loknath Prasad, J.1. In this writ application, petitioner has prayed for quashing the order dated 28.2.94 passed by Commandant i.e. respondent No. 3 thereby and thereunder removal from the service of the petitioner was ordered with immediate effect.2. Admittedly, the petitioner was a constable in CISF and at the relevant time in the year 1992, he was deputed to Patratu Thermal Power Station and therefor derelection of duty and also for gross negligence and misconduct a departmental proceeding was initiated and memorandum of charges i.e. Annexure-1 was framed and Inspector, Executive, CISF was appointed as Inquiry Officer vide order dated 4.4.93. The petitioner appeared and filed his show cause and after conclusion of the enquiry, Inquiry Officer found him guilty and ultimately Commandant recorded an order of removal vide order dated 28.2.94 vide Annexure-5. Against that an appeal was prerferred that too was dismissed. Hence this writ application challenging the order of removal mainly...
Tag this Judgment!Smt. Khirodhari Devi Vs. Smt. Dharmi Devi (Since Deceased), Represente ...
Court: Patna
Decided on: Jul-22-1998
1. The appellant in this letters patent appeal was defendant No. 2 in the suit filed by respondent No. 1, her sister, for partition of the suit properties. The aforesaid suit being Partition Suit No. 116 of 1970 was decreed by the Subordinate Judge, Hazaribagh, by his judgment and decree dated 21st, April, 1975. The trial Court held the plaintiff-respondent No. 1 entitled to 1/1Oth share in the suit properties while her four sisters, including two step sisters, were held entitled to1/10th share each. Defendant No. 5 in the suit, who belonged to the branch of Girdhari Mahto, was found entitled to 1/2 share in the suit properties. Against the judgment and decree of the trial Court only the appellant herein preferred a first appeal before this Court which was registered as Appeal From Original Decree No. 261 of 1975. The appeal was heard by a learned Judge of this Court who by his judgment dated 25th September, 1985, dismissed the appeal with costs throughout. Aggrieved by the said judgm...
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