Patna Court April 1999 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Nirmal Prasad Yadav and ors. Vs. Kapildeo Prasad
Court: Patna
Decided on: Apr-25-1999
Gurusharan Sharma, J.1. Title Eviction Suit No.28 of 1995 has been filed by the plaintiff-opposite party against the defendants-petitioners for eviction from part of the Suit Holding No. 86/72, situated in Patna City, under Section 14 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the Act').2. The defendants filed written statement and counter-claims as a cross-suit. It was prayed that eviction suit may be dismissed and it be declared that the plaintiff did not acquire right, title, interest and possession over the suit premises by sale-deed dated 16.9.1991 and as such he was not the landlord of the defendants. The defendants have right, title, interest and possession over the suit premises as well as properties mentioned in Schedule A to the cross-suit.3. On 28.11.1995, the plaintiff filed a petition under Order VIII, Rule 6C of the Code of Civil Procedure (hereinafter referred to as 'the Code') for excluding the counter-claims made by ...
Chandeshwar Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-23-1999
N.N. Singh, J. 1. All these three appeals, arising out of judgment of conviction and order of sentence dated 30th September, 1986 passed by 2nd Additional Sessions Judge, Sitamarhi, in Sessions Trial No. 142 of 1985 were heard together and are being disposed of by this common judgment. All six appellants, Chandeshwar Singh, Lalan Singh, Mahesh Singh, Bacha Singh of Criminal Appeal No. 531 of 1986 and appellant Chandrika Singh of Criminal Appeal No. 548 of 1986 and appellant Lakshman Mahto of Criminal Appeal No. 558 of 1986 were convicted under Sections 302/34 of the Indian Penal Code and were sentenced to undergo life imprisonment thereunder.2. The prosecution case is that Madan Kumar Sinha (deceased) resident of village Gazipur, who was running a medical shop in the adjacent village Dumari, when, as usual on 25-9-1984 at about 5.00 p.m. after closing his medical shop, was returning to his home and reached near the Mango orchard of Baijnath Singh, these appellants came out of the orch...
Sarju Mahto Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-23-1999
M.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for issuance of appropriate writ in the nature of certiorari for quashing the order dated 2-5-92 passed by the respondent No. 4, Additional Collector, Hazaribagh in M.L.R. case No. 1/89 and also the order dated 22-12-88. passed by the respondent No. 5, Land Reforms Deputy Collector, Hazaribagh in case No. 48/85/86 and part of the order dated 14-10-85 passed by the Circle Officer, Ichak in Case No. 1/78. All these orders have been annexed as Annexures 5, 4 and 3 to the writ petition respectively. By the impugned orders application filed by the respondent No. 7 under Section 12 of the Bihar Money Lenders Act, 1974 has been allowed and petitioner has been directed to put the respondent in vacant possession of the suit property.2. The petitioner's case is brief is that one Amrit Barhi, father of respondent No. 7, sold and transferred 1.22 acre of land comprised within various plots of Khata No. 12 of village Carie, P.S....
Management of Heavy Engineering Corporation Ltd. Vs. Presiding Officer ...
Court: Patna
Decided on: Apr-23-1999
M.Y. Eqbal, J.1. In this writ application, the management-petitioner has prayed for quashing the award dated August 22, 1996 passed by the Presiding Officer, Labour Court, Ranchi in Reference Case No. 10/96, whereby he has held that the workman concerned is entitled for promotion to the post of Assistant Foreman with effect from the date of his reinstatement in service i.e. April 6, 1991. It appears that by Notification dated August 5, 1993 the following reference was made by the State Government to the Labour Court. 'Whether Sri Kali Prasad Personnel No. 34081 Fitter H.M.B.P. is entitled for promotion on the post of Assistant Foreman after reinstatement from April 6, 1991 like junior personnel to him? If so from which date?'2. The brief fact of the case is that the workman concerned was initially appointed as Tool Gauge Maker Grade III in the pay-scale of Rs. 150-240/- and he was posted in Heavy Machine Building Plant. He was promoted in the next higher grade of Fitter in the pay-sca...
Usha Beltron Ltd. Vs. Commissioner of Income-tax
Court: Patna
Decided on: Apr-23-1999
S.N. Jha, J. 1. At the instance of the assessee, the Tribunal has referred the following questions to this court for opinion under Section 256(2) of the Income-tax Act, 1961 : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in not allowing investment allowance under Section 32A of the Income-tax Act, 1961, on the sum of Rs. 25,00,495 representing the increase in the actual cost (on account) of changes in the rates of exchange under Section 43A of the Act ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in applying the ratio of the decision of the Supreme Court in the case of CIT v. Arvind Mills Ltd. : [1992]193ITR255(SC) , rendered in connection with the allowance of development rebate to the company's claim for allowing investment allowance ?'2. The assessee-company is engaged in the business of manufacturing telephone cables. It acquired plant and machinery from outside India in connection with its b...
Bhushan Krishna Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Apr-22-1999
Radha Mohan Prasad, J.1. With consent of the parties, the matter has been heard for final disposal at this stage.2. In the writ petition, prayer is to quash the order dated 27.8.98, terminating the appointment of the petitioner as Contractor of Railey English Halts contained in Annexure-4, issued for Divisional Railway Manager, Danapur (Respondent No. 3).3.In short, the relevant facts are that in response to the advertisement for appointment of Contractor for sale of tickets at Kilometres 474-475 at Railey English Halt proposed to be opened between Pandarak and Barh stations of Danapur Division. Petitioner submitted his application on 30th may, 1997 and after accepting his candidature, he was informed on behalf of Respondent No. 3 vide Annexure-2 dated 7.4.98 requiring him to deposit Rs. 500/- as security money for the proposed Halt Contractor with the Divisional Cashier, Eastern Railway, Danapur immediately and produce money receipt in the office of Respondent No. 3 for execution of ...
Balram Prasad Sah Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-22-1999
Nagendra Rai, J.1. The petitioner has filed the present writ petition for quashing part of the award dated 12th February, 1988 rendered by the Labour Court, Bhagalpur in Reference Case No. 12 of 1988 whereby it directed for reinstatement of the petitioner on the post of Amin but he has not ordered for payment of back wages.2. The facts necessary for disposal of the present writ petition are that the petitioner was appointed on provisional basis as Amin by the Special District Land Acquisition Officer, Deoghar (respondent No. 2). His appointment was cancelled by the authority. The petitioner challenged the aforesaid action of the authority before this Court by filing C.W.J.C. No. 226 of 1983 and this Court ordered on 4.3.1985 for payment of salary till the order cancelling his appointment was served to him. It appears that in the meantime, the State Government made a reference before the Labour Court on 23.8.88. The terms of reference is as follows:Whether the dismissal of Sri Balram P...
Nirmal Mahato Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-22-1999
M.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for quashing the order dated 10.3.92 (Annexure 2) passed by the Deputy Commissioner, Giridih for appointment of IVth grade employees including respondent Nos. 5 and 6 ignoring the case of the petitioner who claims to be senior to respondent Nos. 5 and 6.2. The facts of the case lie in a narrow compass. The petitioner's case is that he was appointed on casual basis on 5.5.83 and he was shown at serial No. 3 in the attendance register. It is stated that in the year, 1987-88 a panel was prepared of the daily wages employees and the petitioner was put at serial No. 53 in the said panel. Subsequently in the year, 1989 a large number of vacancies for the post of peons in different offices with the district of Giridih arose and an advertisement was made on 11.1.89 inviting applications for appointment on the post of IVth grade employees. Pursuant to that advertisement the petitioner along with other persons including respon...
Anju Devi Choudhary and ors. Vs. United India Insurance Co. Ltd. and o ...
Court: Patna
Decided on: Apr-21-1999
M.Y. Eqbal, J.1. These two appeals have been filed against the judgment and award dated 11th December, 96 passed by the First Additional Judicial Commissioner-cum-Motor Vehicles Accident Claims Tribunal, Ranchi in Compensation Case No. 234/83, whereby he was awarded compensation of Rs. 3,00 lacs with interest @ 12% per annum on account of death of one Vinay Prasad Choudhary in Motor Vehicle accident. Misc. Appeal No. 119/97(R) has been filed by the claimants-appellants challenging the quantum of compensation as being in the lower side while Misc. Appeal No. 100/97(R) has been filed by the appellant-Insurance Company challenging the judgment and award on various grounds.2. The facts of the case lie in a narrow compass. The claimants appellants filed a claim application for the grant of compensation on account of the death of deceased Vinay Prasad Choudhary, aged 30 years. The claimants' case is that on 11.7.83, the deceased was coming to his home on a scooter bearing registration No. B...
Mohd. Alam Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Apr-20-1999
1. This is an application under Section 19 of the A.T. Act, 1985, praying to absorb the applicant on work as Time Scale Workman under the respondent Railways (N.E. Railways), and also to quash the order, dated 2nd April, 1994, passed by respondent No. 4, whereby, an approval to re-engage the applicant was sought for from respondent No. 3.2. On factual score, the matter was as simple as it could be, it was only this much that the applicant was initially engaged as Casual Labourer on 16th November, 1975, and worked as such, upto 15th August, 1997, under the respondent Railways. He was also given time scale of Rs. 196-232/- w.e.f. 17th March, 1976, as per office order, dated 23rd August, 1993, issued by the respondent no. 3, Assistant Engineer, N.E.Railways, Muzaffarpur. These facts were not denied by the respondents.3. On the uncontroverted facts, as noticed in preceding paragraph, the applicant has contended, inter-alia, that he was entitled to re-engagement and also for regularisation...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- Next ›
- Last »