Patna Court July 2000 Judgments
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The Tata Iron and Steel Co. Ltd. Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Jul-18-2000
S.K. Katriar, J.1. Both these appeals were heard together and are being disposed of by a common judgment The plaintiff is the appellant, and parties shall be described by this position in the trial Court.2. First Appeal No. 102 of 1977 (R), arises out of judgment and decree dated 20th December, 1976, passed by Shri J.K. Prasad, First Additional Subordinate Judge, Jamshedpur, in Money Suit No. 61 of 1966, whereby he dismissed the suit. The same was instituted, inter alia, for the following reliefs:(i) A declaration that the Central Excise and Salt Act of 1944 and the Rules thereunder are invalid insofar as they impose the obligation of payment of duty on articles as a condition of their removal without any machinery or procedure for assessment of disputed liabilities.(ii) A direction to the defendants to refund the disputed amount of Rs. 41,79,141.68 of Excise Duty levied which has been collected from the plaintiff along with interest at the rate of 6 per cent per annum from the date o...
New India Assurance Co. Ltd. and anr. Vs. Most. Sapuran Devi and ors.
Court: Patna
Decided on: Jul-17-2000
S.K. Katriar, J.1. Heard learned Counsel for the parties.2. This appeal is directed against the judgment dated 22.12.90, passed by Sri Uma Shankar, Addl. Claims Tribunal, Hazaribagh, in Claim Case No. 11 of 1981 Sapuran Devi v. TELCO whereby the claimants have been granted compensation amounting to Rs. 1,31,000/- under the Motor Vehicles Act, 1979 (hereinafter referred to as 'the Act 9), along with interest. Respondent Nos. 5 and 6 (hereinafter referred to as TELCO), are manufacturers of trucks in their factory at Jamshedpur. After manufacturing the trucks without bodies thereupon, the same are despatched to different destinations in the country. On 4.4.81, the chassis in question with a temporary permit had been despatched from Jamshedpur for Ludhiana. At Kujju, a village between Ranchi and Ramgarh, the chassis in question had knocked down one Upendra Manjhi, who was then working as a Constable in the service of Bihar Government and was aged 26 years. He died on 6.4.81, leaving behin...
New India Assurance Company and anr. Vs. Mostt. Sapuran Devi and ors.
Court: Patna
Decided on: Jul-17-2000
Sudhir Kumar Katriar, J.1. Heard earned Counsel for the parties.2. This appeal is directed against the judgment dated 22.12.90, passed by Sri Uma Shankar, Addl. Claims Tribunal, Hazaribagh, in Claim Case No. 11 of 1981 Sapuran Devi v. TELCO, whereby the claimants have been granted compensation amounting to Rs. 1,31,000 under the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'), along with interest. Respondent Nos. 5 and 6 (hereinafter referred to as TELCO), are manufacturers of trucks in their factory as Jamshedpur. After manufacturing the trucks without bodies thereupon, the same are despatched to different destinations in the country. On 4.4.81, the chassis in question with a temporary permit had been despatched from Jamshedpur for Ludhiana. At Kujju, a village between Ranchi and Ramgarh, the chassis in question had knocked down one Upendra Manjhi, who was then working as a Constable in the service of Bihar Government and was aged 26 years. He died on 6.4.81, leaving ...
Ashok Kumar Singh Vs. Bihar Industrial and Technical Consultancy Organ ...
Court: Patna
Decided on: Jul-17-2000
R.M. Prasad, J.1. In this writ petition, petitioner has assailed the validity of office order No. 8/95-96 dated 21.6.1995 where by and whereunder after consideration of charges, findings of Inquiry officer, show-cause submitted by the original petitioner and his due representation, the management of the Bihar Industrial and Technical Consultancy Organization Limited (hereinafter called as BITCO), decided to dismiss him from the service of the said Company with effect from the date of its issuance.2. Earlier, a preliminary objection was raised on behalf of the Respondent-Company as regards maintainability of this writ petition, as against the company registered under the Companies Act and its employees are appointed by the Board of Directors and that it is not a State within the meaning of Article 12 of the Constitution. This Court vide order dated 3.11.1995 accepted the said preliminary objection and thus held that the respondent-Company was not amenable to the writ jurisdiction of th...
New India Assurance Company Limited and anr. Vs. Most. Sapuran Devi an ...
Court: Patna
Decided on: Jul-17-2000
Sudhir Kumar Katriar, J.1. Heard learned Counsel for the parties.2. This appeal is directed against the judgment dated 22.12.1990, passed by Sri Uma Shankar, Addl. Claims Tribunal, Hazaribagh, in Claim Case No. 11 of 1981; Sapuran Devi v. TELCO, whereby the claimants have been granted compensation amounting to Rs. 1,31,000/- under the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'), alongwith interest. Respondent Nos. 5 and 6 (hereinafter referred to as TELCO), are manufacturers of trucks in their factory at Jamshedpur. After manufacturing the trucks without bodies thereupon, the same are despatched to different destinations in the country. On 4.4.1981, the chassis in question with a temporary permit had been despatched from Jamshedpur for Ludhiana. At Kujju, a village between Ranchi and Ramgarh, the chassis in question had knocked down one Upendra Majhi, who was then working as a Constable in the service of Bihar Government and was aged 26 years. He died on 6.4.1981, ...
New India Assurance Co. Ltd. Vs. Challa Laxmi Tulsamma and ors.
Court: Patna
Decided on: Jul-14-2000
Sudhir Kumar Katriar, J.1. This appeal is directed against the judgment dated 17.6.1989 passed by Mr. D.N. Chakra-vorty, 1st Addl. District Judge, Jamshed-pur, in Compensation Case No. 4 of 1981, Challa Laxmi Tulsamma v. Hameed Khan, whereby the claimants' application under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'), has been allowed and the appellant insurance company has been directed to pay a sum of Rs. 1,26,000 to the applicants with interest at the rate of 6 per cent from the date of the accident, i.e., 11.9.1980.2. One Challa Venkatarama Rao was moving on his scooter in Bistupur area in the township of Jamshedpur on 11.9.1980, when a minibus bearing No. BRX 3221 coming from the opposite direction in a reckless speed had knocked down the scooter. The driver of the minibus did not stop and fled away running over his body. He was removed to the hospital but died on the same day. Opposite party Nos. 1 to 7 herein preferred an application und...
Om Prakash Agrawal Vs. L.N. Agrawal
Court: Patna
Decided on: Jul-11-2000
Sudhir Kumar Katriar, J. 1. Heard learned counsel for the appellant, this batch of three analogous appeals are being heard together and disposed of by a common judgment, the plaintiff is the appellant, and the appeals are against a judgment of affirmance. The trial court had dismissed the suits for eviction under the Bihar Building (Lease, Rent & Eviction) Control Act, 1982, (hereinafter referred to as 'the Art'), and the plaintiffs appeals were also dismissed, hence the present second appeals. The trial Court had disposed of the three suits by a common judgment and decree dated 20-3-1991,passed by Mr. S.N. Sharma, Additional Munsif, Dhanbad, and the Court of appeal below disposed of the three appeals by a common judgment dated 26-9-1998. passed by Shri N.K. Sharma, 6th Additional District Judge, Dhanbad. Second Appeal No. 7 of 1999 (R) arises out of Title (Eviction) Appeal No. 22 of 1991 (Om Prakash Agarwalla v. L.N. Agrawalla & Brothers) which in its turn, had arisen out o...
Kali Pada Rabidas Vs. Umapada Bouri and ors.
Court: Patna
Decided on: Jul-11-2000
Anil Kumar Sinha, J.1. This appeal against acquittal has been preferred against the judgment and order dated 11.1.1994 passed by Sri Mohan Prasad, Judicial Magistrate, 1st Class, Dhanbad, in C.P. Case No. 501/90 corresponding to T.R. No. 780/84 whereby and whereunder he acquitted the accused-respondents of the charge under Section 147, 447, 323 of the Indian Penal Code and accused Umapada Bouri, who was charged under Section 324 of the Indian Penal Code was also Acquitted of that charge.2. The instant appeal has been filed on the ground that learned trial Court failed to take into consideration the deposition of the witnesses and came to erroneous conclusion in giving benefit of doubt to the accused-respondents and thereby acquitting them of the respective charges.3. It is the admitted position that initially, the complainant had filed a complaint case in Gram Kuthchery and trial was going on there. But, in the meantime, he filed a petition under Section 73 of the Gram Panchayat Act b...
Qamrunnisa Vs. State of Bihar and anr.
Court: Patna
Decided on: Jul-11-2000
D.N. Prasad, J.1. This application under Sections 397 and 401 of the Code of Criminal Procedure has been filed by the applicant challenging the order dated 27.6.1995 passed by the learned Additional Judicial Commissioner, Ranchi in Cr. Revision No. 15/95, whereby and whereunder the Revisional Court set aside the payment of Rs. 13,000/-and return of the articles as mentioned in the Dahej List, which was allowed by the learned Judicial Magistrate in Misc. Case No. 11/92.2. The short facts of the case leading to this application is that the marriage of the petitioner was solemnised as back as on 14.6.1980, according to Mohammadan Law with respondent No. 2 and after the said marriage, the couple was living together as husband and wife but the Opposite Party/respondent No. 2 started torturing the petitioner and also started demanding money as dowry and therefore the petitioner came to her parents' house but again after lapse of one year, she went to her sasural It is further claimed that t...
Kunwer Panziar Alias Kunwer Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-11-2000
Mrs. Indu Prabha Singh, J.1. This revision petition is directed against the order dated 5-2-96, passed by the learned Judicial Magistrate, Saharsa in Cr. Case No. 215 of 1995, by which the Court below has rejected the prayer for withdrawal of the case as the Municipality is not aggrieved by the offence.2. Brief facts of the case are that the opposite party No. 3 Dashrath Prasad alias Dashrath Prasad Sah made an application to the Chairman of the Municipality stating therein that he has some portion of land in Plot No. 922 and further stated that the construction is being made without following the norms of the building by laws or norms of the Municipality and the said new plot No. 922 is pertaining to earlier plot No. 1042 and Khata No. 456. On the basis of the said petition made by the opposite party No. 3 and endorsement was made by the Chairman of the Municipality to its Chief Executive Officer that the aforesaid construction was made by the petitioner without sanction and causing ...
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