Patna Court November 1999 Judgments
Ajay Kumar Sahay Vs. Raj Kumar Singh and Another
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Nov-30-1999
A.N. Chaturvedi, President: 1. The case of the complainant is that he had taken loan from Bihar State Financial Corporation under the Scheme of Unemployed Graduate for opening a small scale industry for manufacture of small items like plastic curtain ring with a view to earn his livelihood and had started the small scale industry known as M/s. Malti Electric Works. The said small scale industry had become sick unit and with a view to revive the same, Bihar State Financial Corporation agreed to finance purchase of 25 KVAAC. diesel generating set of Kirloskar make. Accordingly the complainant entered into an agreement with opposite party No. 1 for purchasing 25 KVAAC diesel generating set for a consideration of Rs. 1,37,440/- (including local taxes) vide order dated 30.8.1992. The entire consideration amount was paid to opposite party No. 1 on 25.1.1993 and the opposite party promised to instal the generating set at the site by 27.1.1993 or the first week of February, 1993, positively al...
Tag this Judgment!E.C. Railway (G.M.) Vs. Dr. Ajay Shankar Verma
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Nov-30-1999
D.P.S. Choudhary, President: 1. O.P.-Union of India (Railway and others) have preferred the appeal against the order dated 30.12.2005 passed by District Forum, Motihari in complaint case No. 71 of 2005. 2. The brief fact of the case is that he got reservation of four berths in Awadh Express (Train No. 5263) for travelling up to Agra on 1.6.2004. Its PNR number was 220-1589184 . He got coach No. 9 berth Nos. 41 to 44. The complainant along with his family members travelled in this train up to Narkatiyaganj. Thereafter he was informed by the train conductor that they have to vacate this compartment at Gorakhpur and they shall be accommodated in coach Nos. S1 and S3. The complainant protested that when he got confirmed ticket in one coach without any prior notice why he has been shifted to other coach and his berth has been allotted in two different coaches which will cause physical and mental harassment to him and his family members. It would not be advisable for his family members to tr...
Tag this Judgment!Anik Mandal Vs. State of Bihar
Court: Patna
Decided on: Nov-29-1999
M.L. Visa, J.1. This appeal by the sole appellant Anik Mandal is directed against the judgment and order dated 28th August, 1986 passed by 3rd Additional Sessions Judge, Munger, in Sessions Trial No. 400 of 1984 convicting and sentencing the appellant to undergo life imprisonment under Section 302 of the Indian Penal Code (in short, 'IPC').2. The case of the prosecution, in short, is that on 8-4-1984 at about 10 a.m. Informant Ram Kishun Mandal (P W. 5), the own brother of appellant, was sitting with Tetar Tanti (not examined) at the bungalow (sitting room) or Tetar Tanti when his daughter Maya Devi (not examined) came there and informed him that the appellant was beating his wife Manorma Devi (deceased) after confining her in a room. The informant asked Maya Devi to go back and he also followed her. In the way, he found his wife Radha Devi (P.W. 3), his another daughters Baby Kumari (P.W. 2) and Milo Devi (not examined) and his son Pramod Kumar (P.W. 4) standing near a well situate ...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Jai Nath Singh and anr.
Court: Patna
Decided on: Nov-27-1999
G.S. Sharma, J.1. Heard the parties and with their consent this appeal is disposed of under Order XLI, Rule 11 of the Code of Civil Procedure.2. Admittedly, on 18.9.1989, respondent No. 1 was injured in a motor accident, while he was traveling on a bus, bearing registration No. BIN 9836. In the said accident, 3rd to 8th ribs of his right chest were fractured. It is not in dispute that Bus was insured at the relevant time with New India Assurance Company Limited.3. By impugned judgment and award dated 3.9.1997, Motor Vehicles Claim Tribunal, Bokaro at Chas granted a sum of Rs. 93,600/ - payable as compensation to him under the Motor Vehicles Act, 1988. In the present appeal, Insurance Company has not only challenged the quantum of compensation, it has also claimed limited liability for payment of compensation to the tune of Rs. 15,000/- only.4. It appears that Insurance policy was not filed before the Tribunal. Here also a photocopy of the insurance certificate has been filed along -wi...
Tag this Judgment!Raudi Sah Vs. State and ors.
Court: Patna
Decided on: Nov-27-1999
Sudhir Kumar Katriar, J.1. This writ petition has been preferred by the landlord and is directed against the order passed on 14-9-1983 by the Anchal Adhikari, Triveniganj, (Annexure-1), whereby the application of respondent No. 3 herein (Rajeshwar Sah) under the Bihar Privileged Persons Homestead Tenancy Act, 1947 (hereinafter referred to as 'the Act'), has been allowed, and Parchas have been directed to be issued in favour of the latter.2. The facts of this case make an interesting reading. Respondent No. 3 herein (Rajeshwar Sah) had filed an application dated 5-4-1983 (Annexure-2) under the Act, before the Anchal Adhikari, Triveniganj, praying therein that he has constructed his house on Plot No. 5082, appertaining to Khata No. 240, covering an area of 8 decimals, and fully described in his application, and that he may be declared to be a privileged person and privileged tenant with respect to the said land within the meaning of the Act. The Halka Karmachari examined the applicatio...
Tag this Judgment!Ranjit Kumar Singh Vs. State of Bihar
Court: Patna
Decided on: Nov-27-1999
M.L. Visa, J.1. This appeal by sole appellant is against the judgment and order dated 28-7-94 passed by 2nd Addl. Sessions Judge, Muzaffarpur in Sessions Trial No. 29/93 convicting and sentencing the appellant to undergo imprisonment for life under Section 302 of the Indian Penal Code, (in short 'I.P.C.') and R.I. for five years under Sections 376/511 of I.P.C. Both the sentences have, however, been ordered to run concurrently.2. The prosecution case as stated by informant Ram Milan Singh (P.W. 5) in his fardbeyan (Ext. 3) in short is that on 6-3-92 at about 4.30 a.m. in the morning as per his daily routine, he along with his wife Nutan Devi after crossing railway line was going to his 'bathan' and when they reached near the 'bathan' of Sarpanch he sat for urinating but his wife continued moving and when she had crossed a distance of about 50 yards towards west, she all of a sudden cried for help and informant then ran to the place from where his wife was crying, he found that the ap...
Tag this Judgment!Ram Raj Ram Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-26-1999
Radha Mohan Prasad, J. 1. The petitioner in this writ petition has assailed the validity of the order dated 16-8-1996 contained in Annexure-1, whereby and whereunder he has been inflicted punishment of deduction of 10% of his pension every month.2. In short, the facts are that a disciplinary proceeding was initiated against the petitioner while in service vide order dated 12-9-1988 as contained in Annexure-3 to this writ petition. Before conclusion of the said proceeding, the petitioner was allowed to superannuate on 31-1-1991. However, later inquiry report was submitted and an order of punishment was also passed, validity of which was challenged by the petitioner in C.W.J.C. No. 596 of 1994 on the ground that he was not given reasonable opportunity to produce document to defend his case. This Court vide order dated 7-2-1995 contained in Annexure-10 allowed the said writ petition and quashed the inquiry report as well as the impugned order of punishment. However, this Court directed ...
Tag this Judgment!Md. KamruddIn Vs. Brijnandan Prasad
Court: Patna
Decided on: Nov-25-1999
P.K. Deb, J.1. his appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 14-3-1985 passed by the Additional Subordinate Judge, Biharshariff in Title Appeal No. 71 of 1983 whereby and whereunder the judgment and decree passed by the Additional Munsif, Biharshariff in Title Suit No. 69 of 1982 has been affirmed. It may be stated here that by the two impugned judgments, there is concurrent findings to the effect that the plaintiff-appellant could not establish the relationship of land-lord and tenant between the plaintiff and defendant No. 1 and hence dismissal of eviction was recorded by the Courts below.2. The facts in this case are complicated but the admitted position may be stated below. Defendant No. 5 Md. Mutsirn was the original owner of the suit property. Defendant No. 1 Brijnandan Prasad @ Moti was inducted as a tenant in the house constructed over the suit land and there was admitted relationship of land-lord and tenant of the suit shop be...
Tag this Judgment!Uday Singh and anr. Vs. State of Bihar
Court: Patna
Decided on: Nov-24-1999
D.P.S. Choudhary, J.1. Both the appellants have been convicted under Section 376(2)(g) of the Indian Penal Code and each of them have been sentenced to undergo 1.0 years by the 1st Additional Sessions Judge, Gaya in Sessions Trial No. 213/95/65/96 vide judgment dated 20th of August, 1997.2. The brief fact of the case is that the informant Kamla Devi (P.W. 2) in her fardbeyan recorded on 25-5-1994 at 11.30 hours at Mushartoli alleging therein that about 10 days earlier on Sunday dated 15-5-1994 while she along with her children, Nanad Usha Devi (P.W. 3) and mother-in-law Parwati Devi (P.W. 12) were sleeping in front of her house on a cot at about 9.00 p.m. four persons reached there who had covered their faces. They ordered to prepare meal after shouting 'Lalsalam'. They further told them that members of the parties had assembled near the river bed and asked them to accompany her to the river bed. The informant and his family members refused to go along with them to the river bed. The...
Tag this Judgment!Vijoy Kumar Vs. Vice-chancellor and ors.
Court: Patna
Decided on: Nov-24-1999
A.K. Ganguly, J.1. This writ petition has been filed for quashing Annexure-17 which has been issued by the Registrar, Patna University, appointing the respondent No. 3 to the post of Senior Technical Assistant in the pay-scale of Rs. 1,000-1,820./-. There is also a prayer in this writ petition for issuing a writ of mandamus directing respondents to consider the case of the petitioner for appointment to the said post in the Department of Zoology, Patna University.2. The main ground on which the appointment of respondent No. 3 has been challenged by the petitioner is that in making the said appointment, the respondent-University has not followed the provisions of the Patna University Act and, particularly, the Statutes of the Patna University made under the said Act.3. There are several undisputed facts which are noted hereinafter.4. The post of Senior Technical Assistant (hereinafter called the 'said post') was created in the year 1983 on recommendation of the University Grants Commiss...
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