Patna Court July 2001 Judgments
Gaya Ram Vs. Dinesh Singh and anr.
Court: Patna
Decided on: Jul-20-2001
S.N. Pathak, J.1. This Miscellaneous Appeal is directed against the judgment passed by Sub-Judge 1st, Gopal Ganj, in Title Suit (Arbitration) No. 121/93. The defendant of the suit is the appellant here.2. The relevant facts are that the plaintiff-respondents filed the aforesaid suit on the allegation that they had pledged certain ornaments to the appellant and on the basis of the pledge they had taken some loan. They paid back the loan to the tune of Rs. 55,000/-, but the defendant-appellant failed to return the pledged ornaments. When there was a hue and cry over tide affair, people gathered and persuaded the parties to abide by the decision of Panchas. 15 panchas were nominated by the parties and Panchnama was prepared on 20-6-1993. The panchayati had to take place on 22-6-1993. On this date 10 panchas gathered near Shiva Temple and in presence of the parties gave their award. The defendant-appellant was directed to return the ornaments to the plaintiff-respondents, but when he fail...
Tag this Judgment!Veena Sharma (Smt.) Vs. State Bank of India and ors.
Court: Patna
Decided on: Jul-20-2001
Sachchldanand Jha, J. 1. The dispute in this writ petition relates to reimbursement of the hospital expenses incurred by the deceased husband of the petitioner, D.N. Sharma, in connection with his treatment at the Apollo Hospital, New Delhi. The petitioner seeks direction not to deduct the amount paid to the said Hospital from the amount of Provident Fund payable to her husband, and to make full payment of the amount of Provident Fund, gratuity with interest. 2. Late D.N. Sharma was an Officer in MMG-III category under the State Bank of India. On or about March 19, 1997 he was afflicted with a disease called Herpes Zoster which led to blinding and hemorrhage in his right eye. He was initially treated at Tara Hospital, Patna. After his condition deteriorated, on the recommendation of the Bank's Doctor, he was admitted in the Apollo Hospital, New Delhi on March 23, 1997. On: tests conducted at the said Hospital he was found to be a HIV Positive i. e. suffering from AIDS. He was disch...
Tag this Judgment!Md. Shariff and ors. Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Jul-20-2001
S.K. Katriar, J.1. Heard learned Counsel for the parties. The appellants are represented by Mr. S.S. Nayar Hussain, learned Sr. Advocate Respondent Nos. 1 to 3 by Mr. Ajay Tripathi, Addl. SCCG, and Respondent Nos. 4(i) to 4(iv) are represented by Mr. Suman Kumar.2. The plaintiffs are the appellants against a judgment of affirmance. This appeal is directed against the judgment dated 2-2-1999, passed by the learned Additional District Judge, Hilsa, Nalanda, in Title Appeal No. 32 of 1991 Md. Shariff and Ors. v. Union of India and Ors. whereby he has upheld the order dated 3-4-1991, passed by the learned Munisff, Hilsa, in Title Suit No. 19 of 1978, Md. Shariff Mian and Ors. v. Union of India and Ors. The trial Court held that the suit is not maintainable in terms of Sections 42 and 28 of the Administration of Evacuee Property Act, 1950 (hereinafter referred to as the Act).3. The suit properties were declared to be evacuee property after following the procedure prescribed by the Act. The...
Tag this Judgment!Mira Devi Vs. Union of India (Uoi) and anr.
Court: Patna
Decided on: Jul-20-2001
S.N. Pathak, J.1. This miscellaneous appeal is directed against the order dated 15.12.1995 passed by the Railway Claims Tribunal granting compensation amount of Rs. 2,00,000 to the applicant of the claim case for the death of her husband and Rs. 1,00,000 for the death of her baby six months old.2. However, this appeal has been filed against the order granting compensation amount of Rs. 1,00,000 to the baby of the applicant. The Railway Accidents (Compensation) Rules, 1990, Rule 3 read with Schedule, Part I, indicates that amount of compensation to be awarded to any claimant for the death of any passenger, i.e., Rs. 2,00,000 whatever be the age of the deceased. Admittedly, the impugned order itself shows that the husband and six months old daughter of the claimant died in a railway accident on the relevant date and time when the deceased were travelling in a railway train. The Claims Tribunal has awarded Rs. 1,00,000 for the death of the claimant's baby just on compassionate ground wi...
Tag this Judgment!Satish Prasad Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-20-2001
Narayan Roy, J.1. Heard Counsel for the parties.2. By this writ application, the petitioner has prayed for quashing notification dated 29-11-1998 as contained in Memo No. 1348 (Annexure-1) so far it relates to the petitioner whereby and whereunder prayer of this petitioner for appointment on compassionate ground on account of the death of his father in harness, has been rejected.3. It is submitted by learned Counsel for the petitioner that prayer of this petitioner for his appointment on compassionate ground was rejected only on the ground of circular dated 5-9-1990 saying that appointment on compassionate ground cannot be given to an adopted son.4. It appears that such circulars were tested by this Court in the case of Kamal Ranjan v. State of Bihar and Ors. 1994 Vol II P.L.J.R. 536, and this Court set aside the notification aforesaid and held that adopted son is as good as a son under Section 11 of Hindu Adoption and Maintenance Act, 1955. This matter, however, again arose for consi...
Tag this Judgment!Jainendra Nath Choudhary Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-19-2001
1. This petition challenges certain assessments under the Bihar Motor Vehicles Taxation Act, 1930. Petitioner is a holder of the stage carriage permit on a interstate route Purulia to Talanagar. The petitioner has been required to pay additional taxes which were due and had not been paid. 2. During the pendency of the petition, petitioner received an ad interim orders dated 3rd August, 1989 which in effect gave the latitude to the petitioner to pay the taxes as assessed in instalment. 3. Now it is submitted by the petitioner that Rule 3 (B) of the Bihar Motor Vehicles Taxation Rules. 1930 have been declared as ultra vires in C.W.J. No. 981 of 1992 and C.W.J.C. No. 10052 of 1992 vide Judgment dated 7-12-1993. 4. The Court is afraid that this contention will not aid the petitioner. The case has to be seen when it occurred. In the present case it was relating to the period 1-4-83 to 31-12-88. If any rule has been declared ultra vires by the High Court, the Judgment of the High Court wil...
Tag this Judgment!Managing Director, B.S.T.B. Publishing Corporation Ltd. and anr. Vs. M ...
Court: Patna
Decided on: Jul-19-2001
Nagendra Rai, J.1. The appeal is barred by limitation. Having taken into consideration the averments made in the limitation petition and hearing the parties, the delay in filing the appeal is condoned.2. The matter relates to grant of revised pay-scale to the Helpers employed in the Bihar State Text Book Publishing Corporation Ltd. (hereinafter referred as 'the Corporation'). Respondent No. 1, namely, Md. Sahabuddin, claiming himself to be the General Secretary of the Workers' Union of the aforesaid Corporation, filed the writ petition out of which the present appeal arises, for a direction to the Corporation to implement its decision with regard to revision of pay-scale of the Helpers in the pay-scale of Rs. 950/- to Rs. 1400/-. The learned Single Judge, by his order dated 28-7-2001, has allowed the writ petition and directed the Corporation to pay salary in the revised scale as per its own decision.3. The facts leading to the present appeal are that the Corporation was registered as...
Tag this Judgment!Amirka Thakur and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-19-2001
S.K. Chattopadhyay, J.1. The order taking cognizance dated 11 -8-1999/12-8-1999 of an offence under Sections 395 and 148 of the Indian Penal Code read with Section 27 of the Arms Act is under challenge in this application.2. Shorn of unnecessary details, the relevant fact, relevant for the purpose of the application, is that the Opposite Party No. 2 filed a complainont case in the Court of the Chief Judicial Magistrate, Gopalganj being numbered as Complaint Case No. 595/1999 under the aforesaid sections. Allegations were made that the petitioners along with other accused persons surrounded the Kirana shop of the complaint and were armed with various weapons. The Petitioner No. 2 on pistol point asked the complainant to part with all the money and threatened him and the cash amount of Rs. 5000/- and goods worth Rs. 40,000/- were taken away by the miscreants. It is further alleged that out of the accused persons the Petitioner Nos. 1 and 2 were apprehended on the spot and were handed ov...
Tag this Judgment!Spriha Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-18-2001
Radha Mohan Prasad, J.1. In this writ petition, the prayer is to direct the Marriage Registrar, Registration Office, Patna (Respondent No. 3) to register the marriage of the petitioner with Sri Ramdular Singh which was performed according to Hindu Customs and rites.2. A supplementary affidavit on behalf of the petitioner has been filed today.3. It is submitted by Mr. Mishra, learned Counsel appearing for the petitioner that under similar circumstances the Marriage Officer, Patna granted certificate with respect to the marriage of Tulika Singh, D/o Sri Kedar Nath Singh, who was married to Rajesh Singh, S/o Sri Lall Narayan Singh, a photo copy of the said certificate has been annexed as Annexure-3.4. Learned Counsel for the State has, however, submitted that the registration of such marriages are done under Section 8 of the Hindu Marriage Act and for the said purpose the State Government is required to make rules providing that the parties may have the particulars relating to their marr...
Tag this Judgment!Kapporchand Chaudhary and Etc. Vs. State of Bihar
Court: Patna
Decided on: Jul-18-2001
B.N.P. Singh, J.1. Both the appeals arise from a common judgment dated 28th February, 1990 rendered in Sessions Trial No. 298/113 of 1988/1989, by 1st Additional Sessions Judge, Rohtas at Sasaram. Both the appeals were heard together and are being disposed of by this order.2. The facts of this case lie in a narrow compass which can be narrated with bravity. Kalian Bus bearing No. BHG 4911 while going from Arrah to Sasaram on 2nd February, 1986 was intercepted in the midway by unknown criminals near village Tarah who pointed their guns at the driver and desisted him from moving the vehicle further. Shortly after the vehicle was stopped, it was alleged that miscreants ransacked the occupants of the vehicle, robbed their belongings which includes coats, cash, wrist watch, attache, spectacles, woollen shawl etc. and escaped with the booties and thereafter the driver took the bus to Mokha police station where on strength of statement of Dudheswar Lal, driver of the bus, a police case had b...
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