Patna Court January 2000 Judgments
S.S.L. Steel Ltd. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Jan-24-2000
S.K. Katriar, J.1. This writ petition has been preferred with the prayer to issue a writ of mandamus, commanding the respondents to take supply of the total quantity of order placed with the petitioner vide letter dated 4.1.99 (Annexure 4), from the respondent-authorities to the petitioner. The respondent-authorities had placed orders for supply of 745 pieces of 15 metres of S.S. Mast which were to be supplied on the terms arid conditions mentioned therein, and has been cut short by the impugned order.2. The respondent-authorities had issued tender for supply of 2180 numbers of 15 metres of S.S. Mast, and orders were issued to different manufacturers and suppliers which is summarised hereinbelow:(i) M/s Telemates India Ltd. for 955 Nos. of masts,(ii) M/s Superbhat Steel Ltd. for 1225 Nos. of masts (the petitioner) Balance 2820 Nos. of masts was to be procured from the following suppliers during 1998-99 as per approval:(i) M/s Superbhat Steels Ltd. 410 Nos.(ii) M/s. Telemates India Ltd...
Tag this Judgment!Dinanath Yadav and ors. Vs. Smt. Kusum Devi and ors.
Court: Patna
Decided on: Jan-21-2000
B.P. Sharma, J.1. The present appeals has been filed against the judgment and order of the subordinate judge II, Danapur in Title suit No. 128/71 on the 9th of july 1993 and 23rd of july 1993 respectively. The plaintiffs had brought a suit for partition of the properties separately described in two Schedules of the plaint. The first Schedule is said to be the ancestral property jointly belonging to both the parties who are the plaintiffs and the defendants having common ancestor. The second Schedule relates to the properties acquired by the Karta of the family in the names of different members of the family including the plaintiffs.2. According to the plaintiffs, two brothers, namely, Tulsi Yadav and Gopi Yadav were the sons of one Kauri Yadav of village Sahar-Rampur in P.S. Naubatpur of Patna District, fulsi Yadav died leaving behind his son Faujdar Yadav and Gopi Yadav died leaving behind his son Ramlal Yadav. Faujdar Yadav also subsequently died leaving behind his sons, namely, pla...
Tag this Judgment!Ramanand Yadav Vs. Vijay Singh Yadav and ors.
Court: Patna
Decided on: Jan-21-2000
Bharat Prasad Sharma, J. 1. This election petition under Sections 80A and 81 of the Representation of the People Act, 1951 (hereinafter to be mentioned as 'the Act') has been presented and filed on behalf of Sri Ramanand Yadav, a losing candidate in the election held in 1996 for Bihar Legislative Assembly from 209, Danapur Assembly Constituency. 2. It appears that there were altogether 12 candidates contesting the election and the petitioner has impleaded the rest 11 candidates including the winning candidate as respondents in this case. The elected candidate Sri Vijay Singh Yadav has been impleaded as respondent No. 1 and he has filed a written statement and has contested the election petition. It has been stated on behalf of the petitioner that he was one of the contesting candidates in the bye-election of 209 -- Danapur Assembly Constituencyduring the election held in May, 1996. He has challenged the election of the returned candidate, respondent No. 1 (Vijay Singh Yadav). Accordi...
Tag this Judgment!Smt. Sano Devi and ors. Vs. Smt. Rajo Devi and ors.
Court: Patna
Decided on: Jan-21-2000
B.P. Sharma, J.1. Both these appeals have been preferred by two sets of defendants in T.S. No. 17 of 1964/32 of 1969 in which judgment was passed on 30th of September, 1972 by the 1st Additional Sub-ordinate Judge, Monghyer. The appellant in F.A. No. 31 of 1973 happened to be the defendant 1st set while the appellant in F.A. No. 43 of 1973 was defendant No. 7 in the suit.2. The plaintiffs in the suit were Smt. Rajo Devi and Smt. Malti Devi. Smt. Rajo Devi claimed herself to be the wife of late Shivcharan Singh (deceased). The Genealogical table has been given at the foot of the plaint in Schedule-A, according to which, one Din Dayal Singh was the common ancestor of the parties. He had three sons, namely, Churaman Singh, Tengar Singh and Makhan Singh. Tenger Singh died issueless leaving behind his brothers Churaman and Makhan Singh. Churaman has three sons, Elaichi Singh, Kedar Singh and Ashrfi Singh. The Branch of Churaman Singh separated from the Branch of Makhan Singh, prior to the ...
Tag this Judgment!Raman Kumar Srivastava Vs. the Birsa Agriculture University and ors.
Court: Patna
Decided on: Jan-21-2000
M.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for issuance of appropriate writ in the nature of mandamus commanding upon the respondents to issue appointment letter in favour of the petitioner for the post of Junior Statistical Assistant in terms of the selection made in pursuance of the Advertisement No. 3/95.2. The petitioner's case is that the respondents published an advertisement for appointment of several posts including the post of Junior Statistical Assistant, vide Advertisement No. 3/95 dated 7.11.95 in which requisite qualification and others have been mentioned. Since the petitioner fulfilled all the requisite qualifications including experience, applied for the said post and he was interviewed. Thereafter, the respondents on scrutiny found the petitioner suitable for appointment and a selection list was prepared for appointment in different posts. It is contended that although appointment letters were issued by the respondents for appointment in diff...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Suraj Hembran and ors.
Court: Patna
Decided on: Jan-21-2000
P.K. Deb, J.1. This appeal has been preferred by the appellant-Insurance Company against the judgment and award dated 14th July, 1998 passed by the 1st Additional District Judge-cum-Motor Accident Claims Tribunal, Jamshedpur, in Compensation Case No. 53/70 of 1993-95 granting compensation to the tune of Rs. 1,87,800/- with interest at the rate of 12% per annum.2. The grievance of the appellant is only in respect of quantum of compensation granted by the Tribunal concerned. The deceased was a mason and he was in the age group of 30 to 35 years. The earning of the deceased was determined at Rs. 1,200/- per month and 1/3rd of the amount had rightly been deducted towards personal expenses but in calculating the same, in place of Rs. 800/-, the same was determined at Rs. 900/- per month. If the dependency is Rs. 800/- per month, then the annual dependency comes to Rs. 9,600/-. Considering the age group of the deceased, multiplier of 16 had rightly been applied and the amount of compensatio...
Tag this Judgment!State Bank of India Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-21-2000
1. We have heard Counsel for the parties and with their consent, we are disposing of this appeal at the admission stage itself.2. It is not disputed before us that a suit was filed by the State Bank of India, against respondent No. 3 praying for a decree for a sum of Rs. 10.82.000/- and odd which was advanced to respondent No. 3 by way of loan. The said suit was tried by Subordinate Judge II, Kishanganj being Title Mortage Suit No. 43 of 1982 and by judgment and decree dated 18.3.1997 the said suit was dismissed. The appellant-Bank preferred a writ petition before this Court being C.W.J.C. No. 4888 as 1997 challenging the said decree on the ground that the Court was left with no jurisdiction to pass the judgment and decree on 18.3.1997 in view of the provisions of the Recovery of Debts Due to Banks & Financial Institutions Act, 1993 (hereinafter referred to as 'the Act'). A learned Judge dismissed the writ petition holding that the appellant-Bank could seek its remedy by filing an app...
Tag this Judgment!Keshav Choudhary and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-21-2000
Indu Prabha Singh, J.1. This application under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short the 'Code') is directed against an order dated 28-8-1995 passed by the 5th Additional Sessions Judge, Samastipur in S.T. No. 151 of 1991 by which the learned Court below allowed a petition filed by the prosecution under Section 311 of the Code and re-opened the entire prosecution case.2. It appears that on the Fardbeyan of one Ram Ekbal Choudhary the police drew up a formal FIR and registered Kalyanpur P.S. Case No. 123/90 for the offence under Sections 341, 323, 379/34 of the Indian Penal Code. The charge dated 15-6-1993 under Sections 341, 323, 325, 379 and 307/34 of the Indian Penal Code was submitted. After following the necessary commitment enquiry the case went to the Court of the learned 5th Additional Sessions Judge, Samastipur for holding the trial. Further case of the petitioner is that no prosecution witnesses could be produced before the trial Court though ...
Tag this Judgment!Punit Mandal and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-21-2000
1. The appeal has been preferred by the appellants against the judgment and order dated 30-4-87 passed by the 1st Addl. Sessions Judge, Bhagalpur in S.T. No. 78/75 whereby the appellants have been convicted for the offence under Section 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life, Appellants Gholtan Mandal, Ram Swaroop Mandal, Ghotan Mandal alias Chittu Mandal, Bhola Mandal, Uttam Mandal, Ganesh Mandal, and Miri Mandal have further been convicted for the offence under Section 147 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for six months. Appellants Punit Mandal, Prahlad Mandal, Babulal Mandal and Jagdish Mandal have further been convicted for the offence under Section 148 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one year.2. The prosecution case is that on 17-3-1974 at about 7 p.m. one Gholtan Yadav gave his furdbeyan that at about 4 p.m. he was tending his cattl...
Tag this Judgment!Rama Nand Prasad Singh Vs. Vidya Sagar Nishad
Court: Patna
Decided on: Jan-21-2000
Bharat Prasad Sharma, J. 1. This Election Petition hasbeen presented and filed on behalf of SriRama Nand Prasad Singh against Sri Vidya Sagar Nishad, the candidate who was declared elected in the Bihar Legislative Assembly in the election held in 1995 from 181-Parbatta Assembly Constituency. The petitioner also happened to be a candidate in the said election and he was defeated and was in the 3rd position. The petition has been filed under Sections 80, 80(A) and 81 of the Representation of the People Act, 1951 (hereinafter to be referred to as the 'R. P. Act') The petition has been filed praying for setting aside the election of the sole respondent in the aforesaid election on the ground that the nomination papers of two of the candidates were accepted, though the same were fit to be rejected. It is stated in the petition that the Returning Officer for the aforesaid election was the Sub-Divisional Officer ofGogari Sub-Division in the district of Khagaria and the election was held on ...
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