Patna Court August 1999 Judgments
Shyam Sunder Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Aug-31-1999
P.K. Deb, J.1. This writ petition has been preferred for issuance writ or certiorari & mandamus in respect of the orders passed by the Respondent-authorities as contained in Annexures -3,4 and 5 to the writ petition.2. The dispute relates to ten acres of land appertaining to Khasra No. 6464 of Khata No. 479 and Touji No. 9403. The Jalkar is in the name and style of Bornai Jalkar created river source of Baghmati was situated near the disputed land although the same has been denied from the side of the petitioners to the effect that the area of Bornia Jalkar is situated about 3 to 4 kilometres away from the disputed land. Admittedly, Bornai Jalkar, which is also spread over huge area, was settled to the private-respondent No. 5 long back and they were fishing over that Jalkar. A petition was filed by Respondent No. 5 before the Revenue Authority that in their fishing the petitioners are creating obstructions regarding ten acres situated within plot No. 6464. An inquiry was made, as is ...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Sanjari Devi and ors.
Court: Patna
Decided on: Aug-31-1999
R.A. Sharma, J.1. This appeal has been filed by the Oriental Insurance Co. Ltd. challenging the interim award under Section 140 of the Motor Vehicles Act (hereinafter referred to as 'the Act') passed by the 7th Additional Judicial Commissioner, Ranchi, in Compensation Case No. 55 of 1997, awarding Rs. 50,000 (Rupees fifty thousand) to the claimants, whose bread earner has died in the motor accident.2. Section 140 of the Act creates a liability without any fault and the amount awarded therein is liable to be paid to the claimants at the earliest. The learned counsel for the appellant has raised certain objection regarding the liability of the insurance company on account of the fact that the driver of the vehicle was not having valid driving licence and the deceased was travelling as a passenger in the said vehicle, which fact has been disputed by the learned counsel for the claimants.3. Be that as it may, it is not necessary to go into this question at this stage because it is open to...
Tag this Judgment!Kartik Mahto and ors. Vs. State of Bihar
Court: Patna
Decided on: Aug-27-1999
D.P.S. Choudhary, J.1. Both the appeals have been heard analogous and are being disposed of by this common judgment as they arise out of the common judgment and order dated 18th day of September, 1991 passed by the 2nd Additional Sessions Judge, Dumka. There are three appellants namely, Kartik Mahto, Bhado Mahto and Shankar Mahto in Criminal Appeal No. 412 of 1991 and sole appellant Sukar Mahto in Criminal Appeal No. 436 of 1991.The learned trial Court has convicted appellant Sukar Mahto under Section 302 of the Indian Penal Code (hereinafter referred to as the 'I PC') and sentenced him to imprisonment for life. Appellant Kartik Mahto has been convicted under Sections 302/34 of the IPC and sentenced to life imprisonment. The appellant Bhado Mahto and Shankar Mahto have been convicted under Section 323 of the I.P.C. but instead of sentencing them to any imprisonment the Court has directed them to be released under the provisions of Probation of Offenders Act on furnishing bond of Rs. ...
Tag this Judgment!Kavita Pigments and Chemicals (Pvt.) Ltd. and ors. Vs. Allahabad Bank ...
Court: Patna
Decided on: Aug-26-1999
Asok Kumar Ganguly, J. 1. This writ petition has been filed for quashing the order dated 30-12-1998 passed by the Debt Recovery Tribunal, Patna in O.A. No. 4/97. 2. It appears that an application under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act. 1993 (hereinafter called the said Act) was filed against the petitioner by respondent No. 1 which is Allahabad Bank, Bokaro Steel City Branch, Naya More, Bokaro, Bihar (hereinafter called the said Bank). In the said application the said Bank as an applicant has made out a case that the petitioner No. 1, a Company incorporated under the Indian Companies Act, 1956 having its registered office at Bakaro, approached the said Bank through its Director for Cash credit Limit of rupees one lac for working capital and submitted its application for the same. The said Bank sanctioned the said cash credit limit of rupees one lac against the hypothecation of stocks and book debt payable on demand with Interest specifie...
Tag this Judgment!Usha Beltron Ltd. and anr. Vs. Joint Commissioner of Income-tax and or ...
Court: Patna
Decided on: Aug-26-1999
1. After having heard learned counsel for the parties and going through the pleadings filed on their behalf, this writ application is being disposed of at the admission stage itself, The petitioners challenged the notice, dated June 16, 1999, issued under Section 148 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), by the Joint Commissioner of Income-tax, Special Range, Ranchi, relating to the assessment year 1995-96. A copy of the said notice is made annexure-7 to this writ application.2. The relevant facts for disposal of this writ application are that on November 30, 1995, the petitioners filed a return for the assessment year 1995-96 showing an income of Rs. 24,84,96,370. The petitioners separatelyshowed the income received from three separate businesses, namely, from selling-cables, computer software and also profits and gains from the leasing business. The petitioners, pursuant to the notice issued under Section 143(3) of the Act appeared before the Assessing...
Tag this Judgment!Chandama Coal Products, Etc. Etc. Vs. State of Bihar and ors. Etc.
Court: Patna
Decided on: Aug-26-1999
M.Y. Eqbal, J.1. In all these four writ petitions, the petitioners have prayed for quashing the Notification No. S.O. 3 dated 3rd January, 1998, whereby it fixes rate of Sales-tax @ 8% for the sale and purchase of 'slurry and sludge'. A copy of the said notification has been annexed as Annexure 4 to the writ petition. Since a common question of law is involved in all these writ petitions, therefore, all these writ petitions are disposed of by this common judgment.2. The petitioners have been registered under the Bihar Finance Act, 1981 as also under the Central Sales Tax Act, 1956. Some of the petitioners are also registered as Small-Scale Industrial Units by the Director of Industries, Government of Bihar for manufacturing of slurry briquette. The petitioners purchased coal slurry from the respondent-Central Coalfield Ltd. for the purpose of manufacturing coal briquette and other items. It is contended that under Section 15 of the Central Sales Tax Act, 1956 (hereinafter referred to...
Tag this Judgment!Bank of Rajasthan Limited Vs. State of Bihar and anr.
Court: Patna
Decided on: Aug-26-1999
M.Y. Eqbal, J. 1. In this application filed under Section 482 of the Criminal Procedure Code, 1973, the petitioner has prayed for quashing the entire criminal proceeding including the order of cognizance dated October 6, 1997, passed by the Chief Judicial Magistrate, Ranchi, in Complaint Case No. 437 of 1997, under Section 113(2) of the Companies Act, 1956, now pending before the Judicial Magistrate, First Class, Ranchi. 2. The prosecution case, in a nutshell as per the complaint petition, is that the complainant-opposite party No. 2 had purchased 100 shares of the petitioner-Bank of Rajasthan by investing Rs. 25,000 at the price prevalent at that time. The details of the shares have been given in the plaint. It is alleged that on May 22, 1996, the complainant sent the aforesaid 100 shares along with transfer deed duly filled up, stamped and signed as required under law for transfer of his name on those shares to accused No. 4, namely, the secretary of the bank which was duly received...
Tag this Judgment!Birendra Nath Thakur Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-26-1999
Shiva Kirti Singh, J.1. In this application filed under Section 482 of Code of Criminal Procedure, the petitioner is an Assistant Settlement Officer in the Department of Revenue, Government of Bihar, who seeks quashing of the entire criminal proceeding against him in Complaint Case No. 509 (C) of 1998 pending before a Judicial Magistrate, 1st Class, at Patna and also of the order dated 23-7-1998 by which learned Judicial Magistrate has taken cognizance against the petitioner under Section 500 of the Indian Penal Code.2. The complainant, opposite party No. 2, in this case is also an officer in the service of Government of Bihar, presently posted as Sub-Divisional Officer. The complaint filed by opposite party No. 2 discloses that at the relevant time he was Assistant Settlement Officer, Headquarters, Patna and the two accused-persons including this petitioner swore false affidavit on 10-12-1997 containing defamatory statements against the complainant and used the same for defaming and...
Tag this Judgment!Smt. Shanti Devi and ors. Vs. Ram Mohan Thakur and ors.
Court: Patna
Decided on: Aug-26-1999
S.N. Jha, J.1. This civil revision by the plaintiffs is directed against the order dated 18-4-98 in Partition Suit No. 54/85 by which the Court below namely, 1st Subordinate Judge, Gaya, directed the cross-examination of D.W. 1 by the plaintiff-petitioners and defendant No. 2 to be deleted.2. In order to appreciate the point, the relationship between the parties may first be maintained. One Kishori Mohan Lal had two daughters-Shanti Devi and Shakuntala Devi. While Shanti Devi is plaintiff-petitioner No. 1, Shakuntala is dead and her estate is represented by her husband and two sons, who are petitioner Nos. 2 to 4 in this case. Kishori Mohan Lal had also three sons, there are opposite party Nos. 1 to 3. Their sons are opposite party Nos. 4 to 13.3. The plaintiff-petitioners filed aforementioned suit for decree of partition to the extent of 16.02 share in the suit property against the defendants. The defendants filed written statement. Except defendant No. 1 Ram Mohan Thakur, other def...
Tag this Judgment!Oriental Insurance Company Limited Vs. Sheo Datta Sharma
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Aug-26-1999
V.N. Mishra, Member: 1. The present appeal has been filed against the order dated 30.6.1997, passed by the District Forum, Begusarai in Complaint Case No. 124/96 directing the opposite parties to pay Rs. 1,51,000/- with interest at the rate of 18% from the day of theft alongwith a sum of Rs. 10,000/- as compensation and Rs. 2,000/- as litigation cost. 2. The brief facts of the case are that the complainant had purchased seven numbers of cows at Buxar on 19.3.1996 for a sum of Rs. 1,51,000/-. He got these cows insured for one year with Oriental Insurance Company on 12.5.1996 for a sum of Rs. 1,51,000/-for which he paid the Insurance Premium of Rs. 9,514/-. Insurance Policy No. 3/No-019528 was issued by opposite party No. 3 covering all risks, which according to the complainant meant that it was a comprehensive policy covering all sorts of risks. 3. All the seven cows of the complainant were stolen on 17.5.1996. F.I.R. was lodged by the complainant with Pandark Police which was registere...
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