Patna Court September 1998 Judgments
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M/S. Goel Gas Services and Others Vs. M/S. S and R Enterprises and Ano ...
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Sep-03-1998
V.N. Mishra, Member: 1. The present appeal filed by M/s. Goyal Gas Service through its partner, Shri Subhash Chand Goyal is directed against the order dated 28th October, 1994 passed by the District Forum, Rohtas directing opposite party-appellant to pay a sum of Rs. 1,65,709/- as compensation, Rs. 5,000/- for mental agony and Rs. 500/- as litigation cost within a period of three months failing which the opposite party- appellant would have to pay interest at the rate of 15% per annum on the amount of Rs. 1,65,709/-. 2. The facts of the case in brief are that M/s. S. and R. Enterprises complainant-respondent No. 1 was appointed as a dealer of Handi Gas Product for Rohtas district by the opposite party- appellant on payment of Rs. 50,000/- as security deposit. A sum of Rs. two lakhs was also paid to the opposite party-appellants on 19.8.1990 for supply of 101 units of Handi Gas. The goods were not supplied by the opposite party-appellant inspite of reminder by the complainant- responden...
Rashid Khan Vs. National Insurance Co. Ltd. and Another
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Sep-03-1998
V.N. Mishra, Member: 1. The present complaint has been filed by Rashid Khan claiming a sum of Rs. 1,55,906.43 with interest @ 24% alongwith Rs. 10 lakhs as compensation for harassment and mental torture from the National Insurance Company Ltd. 2. The facts of the case in short are described as under: The complainant had got his double storeyed market complex, Rajdhani Market fitted with all amenities insured against fire for a period of one year from 10.12.1992 to 9.12.1993 for a sum of Rs. 15.00 lakhs with National Insurance Company Ltd. Severe fire broke out in the market premises on 20.12.1992 at 1.00 p.m. causing extensive damage to the building and its amenities. The fire tenders of Fire Brigade on immediate information could extinguish the fire after struggling for hours. Branch Manager, National Insurance Company, City Branch office was informed about the fire accident on 21.12.1992. Shri S.K. Sinha of Pataliputra was appointed as Surveyor to assess the damage and loss who inspe...
Lalit Sao Vs. Gulam Gilani (Khalifa)
Court: Patna
Decided on: Sep-01-1998
Prasun Kumar Deb, J.1. This appeal has been preferred against the judgment and decree dated 30-4-1988 passed by the then Subordinate Judge, 1st Court, Dhanbad, in Title Suit No. 63 of 1984 by which the plaintiff-respondent's suit has been decreed for declaration of title in respect of the suit land and also for confirmation of possession. Against this judgment and decree, previously, appeal was preferred choosing wrong forum before the District Judge, Dhanbad, being Title Appeal No. 36 of 1988 but as the jurisdiction was not there with the District Judge, the memorandum of appeal was returned and then the present appeal has been filed.2. The plaintiff-respondent filed the above-mentioned suit for declaration of title, confirmation of possession and alternatively for a decree of recovery of possession, if during the pendency of the suit it was found that the plaintiff was dispossessed from the suit premises. The tracing of title of the plaintiff was made in the following manner:The su...
Lutu Uraon and ors. Vs. Balu Uraon and ors.
Court: Patna
Decided on: Sep-01-1998
S.K. Chattopadhyaya, J.1. This appeal is directed against the order dated 22.6.81 and decree signed on 1.7.81 by reason of which the Title Appeal No. 179/1 of 1976/78 was dismissed as abated as a whole by the learned Sub-Judge, Gumla.2. The plaintiffs-appellants filed the title suit No. 321/69 for declaration that the final decree dated 8.5.67 passed in partition suit No. 47/69 is null and void so far as the plaintiffs are concerned. The plaintiffs were Lutu Oraon, Repa Oraon, Bandhana Oraon, sons of late Birsai Oraon, Budhua Oraon, minor son of Birsai Oraon through his-mother, natural guardian plaintiff No. 3, Mostt. Gumi Oraon whereas defendants were Balu Oraon Gahanu Oraon sons of late Mangu Oraon, Narwa Oraon, Wala Oraon, Budhu Oraon, sons of late Rama Oraon, minors through their mother, natural guardian Mostt. Ghasni, Deoir Oraon, Gandur Oraon sons of late Jitia Uraon, Bandhana Oraon, Bhairo Oraon, Natwa Oraon, sons of late Sukra Uraon and Most. Sanjhia widow of late Sukra Uraon....
Tata Iron and Steel Co. Ltd. and anr. Vs. Bharat Coking Coal Ltd.
Court: Patna
Decided on: Sep-01-1998
P.K. Deb, J.1. This appeal has been preferred against the judgment and decree dated 30.8.1986 passed by the then Additional Subordinate Judge, 2nd Court, Dhanbad in Money Suit No. 6 of 1982, whereby the plaintiffs suit for recovery of Rs. 27,675/- including interest thereof has been allowed against the defendants-appellants.2. The admitted fact remains that the plaintiff is a Government company having its registered office at Koyla Bhavan, Dhanbad and carries on the business of extraction of coal from coal mines located in the district of Dhanbad. The colliery of Katras Chaitudih was a private coking coal company and after the coming up of the Coal Mines Nationalization Act, the same has been vested in the Central Government, w.e.f. 1.5.1972. In the Katras Chaitudih colliery, there is a railway Siding known as Nawagarh No. 3 Siding which was constructed long before 1926 for the purpose of loading of coal into wagons from the colliery of the plaintiff to different destination. The defe...
Shri Arun Kumar Mishra and Another Vs. Dr. Purshottam Singh
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Sep-01-1998
V.N. Mishra, Member: 1. The present complaint case has been filed by Arun Kumar Mishra and his wife Smt. Sunaina Devi, complainant Nos. 1 and 2 respectively against Dr. Purshottam Singh, opposite party No. 1 and Dr. D.K. Chaudhary, opposite party No. 2 for unskilfully and negligently carrying out operation upon complainant No. 2 causing irrepairable damage to her. The complainants have prayed for an award of compensation of Rs. 4.00 lakhs. 2. The facts of the complaint ease in brief are that the complainant No. 2 had pregnancy of about six months. Sine unfortunately developed pain in lower abdomen with bleeding in her vagina in her village home. She was brought to Arrah and was admitted in the clinic of opposite party No. 1 where it was diagnosed as a case of spontaneous abortion and dilation. Evacuation of uterus was done by opposite party No. 1 and she was discharged from the clinic with some medicines prescribed to be continued. After only five days she again developed pain in lower...
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