Patna Court April 2000 Judgments
Smt. Indu Sinha Vs. Life Insurance Corporation of India and Others
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Apr-10-2000
A.N. Chaturvedi, President: 1. The case of complainant Smt. Indu Sinha is that her husband, Mithlesh Kumar Sinha was Reader in J.N. College, Madhubani under Mithila University. He had taken several policies on his life from the Life Insurance Corporation of India. The last policy taken by him was Policy No. 530094508 dated 29.3.1990 for Rs. 50,000/-. The aforesaid policy was under Salary Saving Scheme, premium of which was payable every month. In all the policies the complainant was nominee of her husband. On 22.4.1991, her husband died due to Carcinoma (Cancer) of lever at All India Institute of Medical Sciences, New Delhi. After the death of her husband, the complainant requested the Branch Manager of L.I.C. at Madhubani to settle all the claims for several insurance policies taken by her husband. A letter dated 8.10.1991 was received by the complainant from the Divisional Office of L.I.C. at Muzaffarpur, whereby she had been intimated that all her claims had been settled. A cheque f...
Tag this Judgment!Nag Deo Singh Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Apr-07-2000
1. Lakshman Jha, Member (J)--In this application under Section 19 of the Administrative Tribunals Act (for short, A.T. Act) 1985 the applicant has prayed for reliefs of quashing Annexure-A/11, the order of removal from service with effect from 10.6.91 passed by the disciplinary authority and Annexure-A/13, the order of the appellate authority dated 2.8.91, confirming the order of removal as passed by the disciplinary authority with all consequential benefits.2. The applicant was a Driver of Goods Train on Diesel Engine No. 18865 WDM (2) on 25.6.90. It collided in the rear of one UP GGC Passenger Train at Magra Railway Station on 25.6.90 on 14.54 hours. As a result of the accident, 22 passengers were killed and 62 passengers were injured. The engine worth Rs. 1,88,10,450 (approximately) was damaged.The applicant was served with Articles of charges which are reproduced as hereunder:- Shri Nagdeo Singh (Delinquent-applicant) while functioning as Driver 8655 Up P.M. during the period of 2...
Tag this Judgment!Sitaram Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-07-2000
Radha Mohan Prasad, J.1. In this writ petition, the prayer is to direct, the respondents-authorities to make immediate, arrangement for payment of pension, gratuity, leave encashment: and arrear of difference of pay with all consequential benefits.2. The petitioner retired from service of the State Government on 30th June, 1997 while posted as Headmaster, Rajkiya Middle School, Khanpur Pakri, Zandaha in the district of Vaishali. When he was not paid his full gratuity, 10% of pension and the amount of leave encashment, he filed the present writ petition seeking appropriate direction.3. Earlier a counter-affidavit was filed on behalf of the District Education Officer, Vaishali at Hajipur (respondent No. 3). The said counter-affidavit was sworn by the District Superintendent of Education, who this Court is informed by the learned Standing Counsel, is the concerned officer. In the said counter-affidavit it has been stated that most of the demands of the petitioner have been fulfilled and ...
Tag this Judgment!Jamadar Singh Vs. the Engineer-in-chief and ors.
Court: Patna
Decided on: Apr-07-2000
M.Y. Eqbal, J. 1. In this application filed under Section 11(6) of the Arbitration and Conciliation Act (hereinafter referred to as 'the Act'), the petitioner prays for revocation of the authority of the respondent No. 3 being the appointed Arbitrator and for appointment of an Arbitrator for reference of the disputes and differences to him with a direction to make and publish the award. 2, The petitioner's case is that he was awarded three contracts for earth work vide agreement Nos. 44F2 of 1986-87, 42F2 of 1986-87 in Bagodar Branch Canal and 3F2 of 1986-87 of Right Bank Canal. The estimated cost of the above works were Rs. 3,77,460/-. Rs. 4,17,907.72 paise and Rs. 4,78,417/- respectively. The petitioner's caseis that with respect to the agreement No. 44F2 of 1986-87 the work to the tune of Rs. 2,33,083/- was completed by the petitioner for which the bill was prepared after taking measurement on 19-7-90 by the competent and authorised officers. The bill so prepared was duly checked...
Tag this Judgment!Munna Mahto Alias Munna Alias Sanjay Kumar Vs. State of Bihar
Court: Patna
Decided on: Apr-07-2000
Someshwar Nath Pathak J.1. The sole appellant, Munna Mahto alias Munna alias Sanjay Kumar, was convicted under Sections 395 and 412, I.P.C. He was sentenced to undergo R.I. for five years under each of the above sections. Both sentences were directed to ran concurrently.2. The case of the prosecution, as recorded in the written report of the informant, Rakatu Prasad Mahto, Head Cashier, Allahabad Bank, Sitabdiars, is that on 23-9-97 the informant in the company of Peon Ramdas Ram was ordered by the Manager of the Sitabdiara Branch of the Bank to bring money from the Main Branch of this bank at Chapra. He left Sitabdiara at 8 a.m. and reached Chapra at about 12 noon. He handed over the letter to the Manager of the Bank at Chapra which he had brought from the Assistant Manager of the Branch of the Bank at Sitabdiara. He had to bring Rs. 3/-lacs of money out of which there were 2 thousand currency notes of 100 denomination and there were 2 thousand currency note of 50 denomination. He pu...
Tag this Judgment!Mahendra Mohan Dey Vs. Jyotish Lal Sahu and ors.
Court: Patna
Decided on: Apr-07-2000
P.K. Deb, J.1. This revision petition has been preferred against the judgment and order dated 14.2.2000 passed by the VIIth Additional Judicial Commissioner, Ranchi in Misc. Appeal No. 27 of 1999 whereby it was held that the main appeal was not maintainable under Order XLI of the Code of Civil Procedure.2. The facts of the case run as follows. The opposite party as plaintiffs, filed Title Eviction Suit No. 26/95 for eviction of the defendant-petitioner on grounds as contemplated under Section 11(1)(c) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the BBC Act). On receipt of summons, the defendant-petitioner appeared and took adjournment for filing written statement. On subsequent dates also, adjournments were sought for and granted by the original Court but on one occasion, the same was rejected holding that the defendant had not taken leave of the Court as contemplated under Section 14 of the B.B.C. Act. Ultimately, the defendant gave...
Tag this Judgment!Harinagar Sugar Mills Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-07-2000
Nagendra Rai, J.1. These nineteen writ applications have been filed by the common petitioner (for the convenience 'the petitioner') for quashing the assessment orders passed in nineteen cases on 16.5.1997 by respondent No. 6, the Sub-Divisional Officer, Bagaha, on behalf of the Assessment Sub-Committee of the Bagaha Agricultural Produce Marketing Committee, formerly known as Ramnagar Agricultural Produce Market Committee (for short 'the Market Committee7) for the assessment years 1977-78 to 1994-95 making a total demand of Rs. 5,52,19,712.84. as market-fee and Rs. 1,85,51,071 towards penalty from the petitioner, order dated 29.5.1998 passed by the Regional Director, Bihar Agricultural Produce Marketing Board, Muzaffarpur (respondent No. 7) in all the cases dismissing the nineteen appeals passed against the assessment order and order dated 20.3.1999 dismissing the revision applications against the appellate order passed by the Managing Director, Bihar Agricultural Produce Marketing Boa...
Tag this Judgment!Ansu Kumari Vs. Ashok Bohra and ors.
Court: Patna
Decided on: Apr-06-2000
Prasun Kumar Deb, J.1. This revision petition has been preferred by the above named claimant-petitioner against the order dated 14.12.1998 passed by the 1st Additional Claims Tribunal, Hazaribagh in Claim Case No. 58 of 1985 whereby the prayer of the petitioner for directing the opposite party insurance company to pay a sum of Rs. 2,00,000/- and odd towards the compensation amount, has been rejected and a modified order has been passed directing the Insurance Company to pay interest at the rate of 12 per cent per annum on Rs. 55,000/- from 3.8.1985, that is, the date of application of claim till 5.3.1998.2. A claim case was registered as mentioned above for and on behalf of the petitioner-claimant Ansu Kumari, a minor, for her disablement because of a motor accident which took place on 2.5.1985. The claim case was registered as Claim Case No. 58 of 1985 under Section 110A of the Motor Vehicles Act as was in vogue at the relevant time. The vehicle in question was insured with the oppos...
Tag this Judgment!D.A.V. College Managing Committee and ors. Etc. Vs. State of Bihar and ...
Court: Patna
Decided on: Apr-06-2000
S.K. Chattopadhyaya, J. 1. As common question of law is involved in all the appeals, they have been heard together and are being disposed of by this common judgment, as agreed by the parties, at the admission stage itself. 2. Mr. Ram Balak Mahto, learned senior counsel, has advanced the argument on behalf of the appellants in L.P.A. No. 403 of 1993 (R) and other counsels in different appeals have adopted his argument. 3. Before dealing with the grievances made by the appellants it would be appropriate to portrait the factual backgrounds of the case. 4. All the appellants (to be referred as 'the petitioners' for convenience) filed various writ applications of the same nature challenging the notification dated 14-5-1998 by reason of which the State Government withdraw the exemption granted to the petitioners-Institutions earlier by notification dated 16-7-1994. The petitioners, who are private educational institutions run their schools for imparting education to the students of the tow...
Tag this Judgment!State of Bihar and ors. Vs. Sanjay Kumar Jaiswal
Court: Patna
Decided on: Apr-06-2000
S.K. Chattopadhayaya and D.N. Prasad, JJ.1. We have heard the learned Counsel for the parties on the point of maintainability, limitation as well as on merit of this appeal and with the consent of the parties, this appeal is being disposed of at the stage of admission itself.2. Mr. Sinha, learned Senior Counsel appearing on behalf of the Respondent, has raised an objection regarding maintainability of this appeal by submitting that as the learned Single Judge has passed the impugned order in Criminal Writ Jurisdiction case, no L.P.A. is maintainable against the said order. In support of his contention, he has relied on some unreported decisions rendered in L.P.A. Nos. 207/97(R), 49/98(R) and 63/95(R). Mr. Sohail Anwar, learned Counsel appearing on behalf of the appellants, on the other hand, has contended that when the order of suspension of licence of the Respondent was challenged in this Court, the same should have been in Civil Writ Jurisdiction and not. in Criminal Writ Jurisdicti...
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