Patna Court August 2000 Judgments
Oriental Insurance Co. Ltd. Vs. Sarju Ram and ors.
Court: Patna
Decided on: Aug-09-2000
M.Y. Eqbal, J. 1. This appeal, at the instance of the appellant-M/s Oriental Insurance Company Ltd. is directed against the order dated 5-8-99 passed by District Judge-cum-Claims Tribunal, Hazaribagh in Claim Case No. 183/98 awarding interim compensation under Section 140 of the Motor Vehicles Act, 1988.2. It appears that the claimants filed an application before the Claims Tribunal under Section 140 of the Act claiming interim compensation for the death of their son aged 18 years in amotor vehicle accident. The appellant Insurance Company appeared in the said case and filed show cause admitting that the vehicle was insured with the said Insurance Company. The appellant did not raise any serious objection with regard to the claim of the claimants and the Tribunal, therefore, awarded Interim compensation,3. Mrs. Banani Verma, learned counsel appearing for the appellant, assailed the order solely on the technical ground that the claims tribunal ought not to have entertained the applica...
Tag this Judgment!Satya Narayan Mahto Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-09-2000
Ravi S. Dhavan, C.J.1. The petitioner Satya Narayan Mahto has filed this public interest litigation. The Court has reservation on his locus standi to present one. From the memorandum of the petition itself it is clear that the petitioner is not a Member of the Legislative Assembly but merely resides in a flat which is reserved for the Members of Legislative Assembly. He resides in this flat which is in one of the most posh areas of the city of Patna. Otherwise, is no far as his vocation is concerned, he declares himself to be an Advocate at the High Court of Judicature at Patna. In the petition, it is contended that a number of persons come to the petitioner to complain about the policy of the Government which is not being adhered to by persons who have been on certain positions and posts. beyond the stipulated tenure and should be moved out. The main question is as to what are the petitioner's credentials to present this writ petition before this Court as a public interest litigation...
Tag this Judgment!Damodar Sharma Vs. State of Bihar
Court: Patna
Decided on: Aug-09-2000
D.N. Prasad, J.1. This Criminal Revision is directed against the judgment dated 15.3.1999 passed in Cr. Appeal No. 5/97 by which the learned Session Judge, Gumla modified the sentence of the petitioner to pay a sum of Rs. 1,000/- in place of three months simple imprisonment.2. The short case of the prosecution is that one Gopal Prasad Gupta, the then Range Officer of Simdega raided the shop namely Grand Furnitures and residential house of the petitioner on 6.11.1992 at about 4.00 p.m. and seized semi-constructed/unifinished furnitures from the shop-cum-residence of the petitioner. Accordingly, the seizure list was prepared and the prosecution report was filed to the Court of A.C.J.M. Simdega, who took cognizance for the offence under Sections 33 and 42 of the Indian Forest Act.3. In the Court below, the prosecution examined five witnesses. Defence also examined three witnesses and after hearing both the sides, the Court below i.e. Sub-divisional Judicial Magistrate, Simdega convicted ...
Tag this Judgment!Preet Mohinder Singh Vs. Kirpal Singh
Court: Patna
Decided on: Aug-08-2000
1. Elections to Gram Panchayat, Bhai-Ke-Bhasaur, District Sangrur, Punjab took place on 21st of June, 1998. Appellant and respondent No. 1 contested the election to the office of Sarpanch Respondent No. 1 was declared elected by a margin of 27 votes. Appellant filed an election petition before the Tribunal under Section 77 of the Punjab State Election Commission Act, 1994 (hereinafter referred to as 'the Act'). One of the main reliefs claimed in the election petition by the appellant was for recounting of votes and that the appellant be declared elected to the post of Sarpanch. It was alleged that illegal votes had been counted in favour of the returned candidate while valid votes of the appellant had been left out from counting. After framing of issues and recording of evidence, the Tribunal vide order dated 6th of July, 1999 directed recounting of votes. Respondent No. 3-SDM, Moonak was directed to recount the votes on 19th July, 1999. The order of recounting was challenged by the r...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Zakir Bano Siddiqui and ors.
Court: Patna
Decided on: Aug-08-2000
M.Y. Eqbal, J.1. Heard Mr. Alok Lal, learned counsel for the appellant and learned counsel for the respondents.2. This appeal is directed against the judgment and award dated 3.7.1999 passed by the 1 st Additional Motor Accidents Claims Tribunal, Jamshedpur, awarding a sum of Rs. 2,96,800 as compensation for the death of one G.M. Khan in a motor vehicle accident.3. The facts of the case lie in a narrow compass. On 15.12.1986 the deceased was going on road on his scooter. A truck bearing registration No. BRW 8931 loaded with coal knocked down the deceased as a result of which he sustained serious injuries. At the time of accident, truck was insured with the appellant insurance company. The widow and other legal representatives filed an application under Section 110A of the Motor Vehicles Act which was registered as MJ-No. 28 of 1987. The owner of the vehicle appeared and filed his written statement stating, inter alia, that the vehicle was insured with the appellant insurance company a...
Tag this Judgment!B.T. Hirani Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-08-2000
Choudhary S.N. Mishra and A.K. Prasad, JJ.1. After having heard the learned Counsel for the parties and going through the materials on record, the aforesaid Writ applications are being disposed of at the admission stage itself. In this connection, reference may be made to the order dated 25.7.2000 which reads thus:In this case, a counter-affidavit has been filed on behalf of the Central Coalfields Limited enclosing the statements showing the payment of tax for the period 27.3.1995 to 27.4.1999. Ms. Ritu Kumar appearing on behalf of the State-respondent submits that if similar statement is served upon her with respect to different period, payment shall be made within three weeks from the date of service of such statement. Accordingly, Mr. Banerjee appearing on behalf of the Central Coalfields Ltd. is directed to file supplementary counter-affidavit showing the details of the deductions of the tax amount, a copy of which must be served upon Ms. Ritu Kumar appearing on behalf of the Stat...
Tag this Judgment!New India Assurance Company Ltd. Vs. Zakir Bano Siddiqui and ors.
Court: Patna
Decided on: Aug-08-2000
M.Y. Eqbal, J.1. Heard Mr. Alok Lal, learned Counsel for the appellant and learned Counsel for the respondents.2. This appeal is directed against the judgment and award dated 3.7.1999 passed by the 1st Additional Motor Accident Claims Tribunal, Jamshedpur, awarding a sum of Rs. 2,96,800/- as compensation for the death of one G.M. Khan in a motor vehicle accident.3. The facts of the case lie in a narrow compass. On 15.12.1986 the deceased was going on road on his scooter. A truck bearing registration No. BRW 8931 loaded with coal knocked down the deceased as a result of which he sustained serious injuries. At the time of accident, truck was insured with the appellant Insurance Company. The widow and other legal representatives filed an application under Section 110A of the Motor Vehicles Act which was registered as MJ-No. 28 of 1987. The owner of the vehicle appeared and filed his written statement stating, inter alia, that the vehicle was insured with the appellant Insurance Company ...
Tag this Judgment!Deobarata Chattopathyay @ Deobarata Chattarjee Vs. Union of India and ...
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Aug-08-2000
A.N. Chaturvedi, President: 1. The case of the complainant is that his daughter Sushmita was married at Gaya on 21.11.1992. The members of the Barat party alongwith the daughter of the complainant were to return to Delhi by the morning of 23.11.1992 for ceremonies of the groom side. In view of this, the complainant on 29.10.1992 had purchased fifteen confirmed tickets with reservation for 22.11.1992 in Coach No. 53 of Shramjivi Express from Patna to Delhi. On 22.11.1992 Shramjivi Express entered Platform No. 1 at about 11 a.m. but Coach No. 53 was already occupied by some rally participants going to Delhi. The Barat party loaded their luggage in the said coach. He (complainant) tried to contact the Railway Authorities and the police who were at the said platform in numbers as by that very train Honble the Chief Justice of India was also travelling. Inspite of repeated requests to the police personnel and Railway Authorities they did not come to the rescue of the complainant and members...
Tag this Judgment!Bajrang Roller Flour Mills (P) Ltd Vs. New India Assurance Company Lim ...
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Aug-07-2000
A.N. Chaturvedi, President: 1. The case of the complainant Company M/s. Bajrang Roller Flour Mills (P) Ltd. is that it carries on business of manufacturing Atta, Maida, Suji and Bran and its industrial unit is located at Village Teghra in the district of Begusarai. After the production of its finished products, it used to despatch the same to various destinations throughout the country and in order to cover the risk of transportation of consignment of finished products, it used to hire the services of General Insurance Company. On 6.8.1990 marine policy (cargo) (Annexure-1 to the complaint petition) of Rs. 25,00,000/- (Rs. twenty five lacs) was obtained from New India Assurance Company Limited on payment of Rs. 5,564/- as premium. On 9.8.1990 a consignment of 111 bags of Maida (9,990 kgs.) worth Rs. 36,963/- was despatched by truck No. WBI 5893 of Maa Lakshmi Transport, Teghra, Begusarai to Calcutta for the consignee M/s. Lakshmi Narayan Durga Dutta vide Challan No. 8/A 1990-1991 dated...
Tag this Judgment!Ram Charitra Prasad Singh (M.L.A. Hilsa) and ors. Vs. State of Bihar a ...
Court: Patna
Decided on: Aug-04-2000
1. An Hon'ble Member of the Legislative Assembly from the Constituency Hilsa alongwith eleven citizens of Nalanda has filed the present writ petition with a prayer that a rule of mandamus be issued to the State-respondents so arrayed; (1) the State of Bihar; (2) Inspector General, Registration, Bihar, Patna; (3) Collector, Nalanda at Biharsharif; (4) District Sub Registrar, Nalanda at Biharsharif; (5) Sub Registrar. Hilsa, District Nalanda; and (6) Sub Registrar, Rajgir, District Nalanda. The rule of mandamus is being sought as a direction that these authorities be directed to continue the registration of land (upon sale or transfer) in Nalanda District on the earlier rates of valuation, that is prior to the government order dated 26 May 2000, memo No. 388, appended as Annexure 1 to the writ petition.2. It is contended that the rates of valuation which are in the government order of 26th May 2000 is an exercise, which is in contravention of the procedure prescribed under the Bihar St...
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