Patna Court February 2000 Judgments

Narendra Nath Mishra Vs. State of Bihar and ors.

Court: Patna

S.N. Jha, J. 1. The appellant filed writ petition, CWJC No. 10271 of 1995, giving rise to this appeal, seeking direction to the State Government to forward his name to the Government of India for the award of the President's Home Guards and Civil Defence Medal. The learned single Judge dismissed the petition on the ground that the claim had become stale and there was no explanation for the delay. 2. The appellant was appointed as Havildar Clerk in 1966. Me was later promoted as Company Commander. Apropos to an incident of 26-9-86, when he saved the life of a drowning woman, his name was recommended for the President's HomeGuards and Civil Defence Medal by the local officials including the District Superintendent of Police, Deputy Commissioner and the Divisional Commissioner. Nothing happened apparently because a departmental proceeding was pending against him. In fact, it appears that in 1990 another proceeding was initiated against him. The proceedings came to an end in 1992. The a...

Bharat Coking Coal Ltd. Vs. Smt. Maina Devi and ors.

Court: Patna

N. Pandey, J.1. This appeal by M/s. Bharat Coking Coal Limited (defendant) is directed against the Judgment and decree passed by the Sub-ordinate Judge, 2nd Court. Dhanbad, in Money Suit No. 18 of 1986, whereby and whereunder, the plaintiffs suit was decreed in part for Rs. 34,63,950/- (rupees thirty four lacs sixty three thousand nine hundred and fifty) coupled with damages at the rate of Rs. 175/-per month per decimal so long the defendant retains the possession of the suit land or regular sate deed was executed by the plaintiff.2. In short, the case of the plaintiff is that he acquired 20-16 Acres of land comprising of various plots under Khata Nos. 1 and 2 at Mouza-Durgapur within Jharia Police Station in the district of Dhanbad for valuable consideration by virtue of the registered deed of sale dated 16-2-1970 and 8-6-1979 from Jiv Rai M, Patel Narasi R. Chodwa, Khem Shankar Jain and Smt. Gomati Ben Kharfeha and since then he had been coming in possession over the same. The acqui...

United India Insurance Co. Ltd. Vs. Smt. Sunayana Devi and ors.

Court: Patna

Prasun Kumar Deb, J.1. This appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act' by the above-named opposite party No. 2-appellant against the judgment and award dated 5.7.1994 passed by the 1st Additional Claims Tribunal, Hazaribagh, in Claim Case No. 73 of 1991 granting compensation to the tune of Rs. 4,84,952/- together with interest at the rate of 12% per annum to be paid within 30 days from the date of award; in default, the rate of interest had been increased to 18% per annum from the date of filing Of the claim case up to the date of realisation. The whole amount of compensation has been asked to be paid by the appellant-Insurance Company as the offending truck was insured with the appellant-Insurance Company.2. The facts of the case run in a very narrow compass:Sashi Bhushan Prasad Singh was the husband of Claimant No. 1 Smt. Sunayana Devi and the father of the minor son and daughter who have also joined as cla...

Mahesh Prasad Mandal Vs. Union of India (Uoi) and ors.

Court: Patna

R.M. Prasad, J.1. In this writ petition, the petitioner has sought for a direction to provide re-employment and also for grant of disability pension from the date of his discharge, i.e., 28.2.1990 from defence service.2. It is not in dispute that the petitioner was discharged from Army Service on the ground of disablement due to Low Medical Category, i.e., BEE(P) on 28.2.1990 and thereafter, he applied for grant of disability pension, which has been denied.3. Under Rule 173 of the Pension Regulation for the Army, 1961, Part-I, disability pension is to be granted to an individual who is invalidated from service on account of a disability-which is either attributable to or aggravated by military service and assessed at 20% or above.4. It is admitted in the counter-affidavit filed on behalf of the respondents that the disability of the petitioner was assessed at 20% for two years. However, it is stated that in the case of the petitioner his disability was assessed by medical authority an...

Chandra Shekhar Singh and ors. Vs. State of Bihar and anr.

Court: Patna

P.K. Sinha, J.1. Heard.2. This is an application under Section 482 or the Code of Criminal Procedure praying therein to set aside and quash the order dated 29.2.1996 recorded by learned 7th Addl. Sessions Judge, Munger affirming the order of learned Sub-Divisional Magistrate, Lakhisarai dated 18.10.1994 under which the learned Magistrate had directed the petitioners and O.P. No. 2 to furnish written statements in a proceeding under Section 147 of the Cr.P.C.3. It may be mentioned that though O.P. No. 2 has appeared through Counsel and has also filed counter-affidavit, but in course of hearing none was present to represent O.P. No. 2 hence the learned Counsel for the petitioners and the learned Counsel for the State were heard.4. The grounds placed before me is that for the same land title suit No. 80/94 is pending in a Civil Court at Munger between the same parties in which the petitioners are plaintiffs and O.P. 2nd party is the defendant. The pendency of the title suit has been ment...

Core Healthcare Limited Vs. the State of Bihar and ors.

Court: Patna

Asok Kumar Ganguly, J.1. The subject matter of challenge in this writ petition is memo No. 1499 dated 23-9-1996 by which some of the drugs manufactured by the petitioner Company has been declared to be banned and the petitioner Company has been black listed. The said order is to the effect that the drug Sodium Chloride and Dextrose Injection I. V. Batch No. F....l, 1641 and 6150 allegedly manufactured by the petitioner Company has been declared substandard by the Government analyst after examination at Central Drug Laboratory, Calcutta. It has been alleged that there is presence of foreign particles in this essential life saving drugs like I. V. Fluid and this can be fatal for life. There is also an allegation that the drugs have been supplied by the petitioner Company to different hospitals of the State at different rates. As such it was ordered to black list M/s. Core Parenteral Limited at present M/s. Core Health Care Limited, Ahmedabad, Gujarat.2. Challenging the said order this w...

Sita Ram Singh Vs. State of Bihar

Court: Patna

P.K. Sinha, J.1. Heard.2. This is an application under Section 482 of the Code of Criminal Procedure filed by one Sita Ram Singh praying therein to set aside or and quash the entire criminal proceeding arising out of Jakkanpur P.S. Case No. 17/94 pending in trial No. 344/95 in the Court of Sri Awadhesh Kumar Mishra, J.M. 1st Class, Patna. Facts in brief are that the petitioner was working as Assistant in the Department of Agriculture (Plant Protection) on the relevant date. A F.I.R. against him was filed by an official of that department under Section 409. of the I.P.C. alleging therein that while the petitioner was handing over charge of his office on 26.6.1992, as per chart given in the complaint-petition, he had not handed over charge of cash and goods worth Rs. 24,283.65/- which also included cash of a bit more than, Rs. 20,000/-.3. Learned Counsel for the petitioner has submitted that the petitioner, vide Annexure-2 series, through three receipts had deposited the entire amount o...

Kedar Nath Jhunjhunwala Vs. State of Bihar and ors.

Court: Patna

Reported in: AIR2000Pat123

1. This writ petition under Article 226 of the Constitution of India has been preferred by a lessee under the Khas Mahal Manual, and is directed against the order of the State Government in the Department of Revenue and Land Reforms, communicated by letter dated 30-1-99 (Annexure 28), to the Collector, Patna, whereby the registered lease dated 10-3-88 (Annexure 12), in favour of the petitioner, has been cancelled, and he has been ordered to be prosecuted. It is also directed against the consequential orders communicated under memo No. 58, dated 26-2-99 (Annexure 31), and memo No. 154, dated 9-3-99 (Annexure 30).2. A brief summary of the facts is essential for disposal of the present writ petition. The present proceeding relates to a portion of Khas Mahal Municipal Survey Plot Nos. 1011 and 1131. and originally covered an area of 5 kathas 7.54 dhurs in so far as the lease deed in question is concerned, within the limits of Patna Municipal Corporation. Shorn of the details occurring prio...

Ashwani Kumar Gupta Vs. State of Bihar and ors.

Court: Patna

Narayan Roy, J. 1. This writ application is directed against order dated 28-8-1990 passed in Case No. 3 of 1989-90 by respondent No. 3, whereby and whereunder respondent No. 3 has passed final order under Section 6 of the Bihar Land Encroachment Act, 1956 (hereinafter to be referred to as 'Act') directing the petitioner to vacate the land in question within 15 days from the date of order. 2. Short facts giving rise to this application are as follows :-- Upon a public petition a proceeding under Section 3 of the Act was initiated against the petitioner and notice was issued to him to raise his defence. The petitioner pursuant to the notice issued under Section 3 of the Act appeared before the Collector under the Act and in the proceeding parties were heard and the petitioner in the proceeding had raised question of title with regard to the land in question of khata Nos. 237, 990 and 1050, appertaining to khasara Nos. 2258, 2256 and 2257, situate in the town of Ara, The petitioner, con...

Mahboob Alam and ors. Vs. Khatiza Khatoon and ors.

Court: Patna

S.K. Chattopadhyaya, J.1. This letters patent appeal is directed against the concurrent findings of fact, by reason of which the learned Single Judge dismissed First Appeal No. 138 of 1985(R) filed by the plaintiffs-appellants affirming the judgment and decree of the learned trial Court cased in Title Suit No. 128 of 1982.2. As the case has a chequered career, some facts are required to be portrayed in details.3. Md. Mahboob Alam and his two sisters filed the suit for declaration of their title over the suit properties and that Bibi Khatiza Khatoon (defendant No. 1) was the Benamidar of the plaintiffs and, as such, she did not acquire any fight, title and interest by virtue of sale-deed dated 26.7.1968. Further prayer was for declaration that the sale-deed dated 6.8.1973 and the decree in Title Suit No. 7/74 as well as the Execution Case No. 39/76 are illegal, void and unforceable and are not binding upon the plaintiffs, so far the suit property is concerned. The prayer for permanent ...