Patna Court July 2001 Judgments
Raja Packaging Pvt. Ltd. and ors. Vs. the Bihar State Electricity Boar ...
Court: Patna
Decided on: Jul-11-2001
Radha Mohan Prasad, J.1. As in all those writ petitions, the question involved is common with consent of parties, they have been heard together and are being disposed of by this common order.2. In all these writ petitions, all the petitioners have low tension industrial connection for running their business. According to the learned Counsel for the petitioners, connected load of the petitioners is within 500 K.V.A. and are covered by the Industrial Policy of 1993-95 as well as the Circular of the Board bearing No. 625 dated 11 -10-1996. It is submitted that the petitioners are exempted from payment of monthly minimum consumption charges, yet the respondent-authorities have arbitraily raised bills on the basis of monthly minimum consumption charges despite the law settled by the apex Court in the case of K.D. Industries v. Bihar State Electricity Board 2001 (3) PLJR 28 (SC).3. Earlier on the request of the learned Counsel for the Board, these matters were adjourned on 5-7-2001. this Co...
Tag this Judgment!iftekhar Ahmad Khan Alias Iftekhar @ Tun Khan Vs. State of Bihar and o ...
Court: Patna
Decided on: Jul-11-2001
Radha Mohan Prasad, J.1. In this writ petition, the petitioner at this stage is, in fact, aggrieved by the order of suspension of his licences for rifle and D.B.B.L. gun bearing No. 148/90 and 156/99 respectively passed by the District Magistrate, Aurangabad (respondent No. 2) on 21-6-2001, contained in Annexure-4.2. It is submitted by the learned Counsel for the petitioner that the impugned order on the face of it is bad in law as the petitioner was not afforded any opportunity of being heard before passing the said order. It is submitted that the law in this regard is well settled that suspension/revocation of arms licence on any ground without affording an opportunity of being heard is bad and is in violation of the principles of natural justice. this Court in the case of Amar Sinha v. District Magistrate 1990 (1) PLJR 217, has held that it is mandatory on the part of the authority to give an opportunity of hearing before passing order under Section 17(3) of the Arms Act, 1959. In ...
Tag this Judgment!Gurucharan Dusadh Alias SarIn Disadh Vs. State of Bihar
Court: Patna
Decided on: Jul-10-2001
B.N.P. Singh, J.1. The sole appellant suffered conviction under Section 396 of the Indian Penal Code in Sessions Trial No. 62 of 1989 on being tried by 5th Additional Sessions Judge, Rohtas and was sentenced to rigorous imprisonment for ten years on that count.2. The factual matrix are that in the intervening night of 23/24th April, 1938 at midnight four dacoits sealed on the roof of the house of Parmanand Kumar, P.W. 3, with the help of ladder and jumped in the courtyard. After the family members got awoken, the criminals surrounded them, removed house belongings including boxes, ornaments, watch, cash etc. and made good their escape with the booties. A police case was registered at behest of Permanand Kumar, P.W. 7 at about 7 hours on 24th April, 1988 following which investigation commenced on conclusion of which, while the police did not want three accused to stand trial, laid charge-sheet against the sole appellant. In the aventual trial, the prosecution examined altogether five w...
Tag this Judgment!Smt. Malti Sinha and anr. Vs. the State of Bihar and anr.
Court: Patna
Decided on: Jul-10-2001
S.K. Chattopadhyaya, J.1. A Vakalathama has been filed on behalf of opposite party No. 2. Let it be kept on record.2. Heard Mr. B.K. Mody learned Counsel for the petitioners, Mr. B.P. Pandey, learned senior Counsel for opposite party No. 2 and Mr. S.S. Singh, learned State Counsel.3. Invoking jurisdiction under Section 482 of the Code of Criminal Procedure the petitioners want to get the Criminal proceeding as well as the order taking cognizance under Sections 420 and 458 dated 16-5-2000 quashed.4. The complainant-opposite party No. 2, through its Director Satish Kumar, lodged a complaint before the Chief Judicial Magistrate, Patna, complaining, inter alia, that some times in April, 1998, the petitioners come to the office of the complainant, which is a builder company and they expressed their intention to sell 16 Decimals of land situated at Danapur claiming the said property belongs to petitioner No. 1. On this inducement being made the complainant went to the house of the petitione...
Tag this Judgment!Muzaffarpur Goshala Through Secretary and anr. Vs. the Presiding Offic ...
Court: Patna
Decided on: Jul-10-2001
Radha Mohan Prasad, J.1. In this writ petition, the petitioners have assailed the validity of the order dated 7-9-1990 passed by the Labour Court, Muzaffarpur in B.S.E. Case No. 6 of 1983 whereby he refused to hold that the proceeding before him abated in view of the Notification dated 20th March, 1989 exempting Goshalas from all provisions of the Bihar Shops and Establishments Act, 1953 (hereinafter to be referred to as 'the Act').2. Similar question came up for consideration at the instance of the State Bank of India in which ultimately the Division Bench in L.P.A. No. 117 of 1987 held that said proceeding before the Labour Court will abate. The decision of the Division Bench is 1995 (1) PLJR 81.3. Learned Counsel for the workmen respondent No. 2 has fairly conceded that the Labour Court, in view of the law settled, has no locus standi to proceed in a proceeding in B.S.E. Case No. 6 of 1983 filed by the workman.4. Accordingly, the writ petition is allowed. The impugned order is quas...
Tag this Judgment!Sidheshwar Prasad Lal Vs. Union of India (Uoi)
Court: Patna
Decided on: Jul-10-2001
Someshwar Nath Pathak, J.1. This appeal is directed against the order dated 28.9.1995 passed by the Railway Claims Tribunal in Application Nos. D.A. 9500110 and D.A. 9500111. The claimant Sidheshwar Prasad Lal claimed compensation for the death of Prem Lata Lal and Sushmita Lal. When the two persons were travelling in Sealdha-Jammu Tawi Express 3151 Up on 1.6.95, it met with an accident near Kalubathan Railway Station. The Claims Tribunal awarded Rs. 2,00,000 (rupees two lakh) as compensation for the death of Prem Lata Lal, wife of the claimant and awarded a compensation of Rs. 50,000 (rupees fifty thousand) only for the death of applicant's daughter Sushmita Lal who was just 8 months old baby. Claimant had claimed Rs. 4,00,000 (rupees two lakh each) for the two deceased. The Tribunal could not advance any plea for awarding compensation of Rs. 50,000 only for loss of applicant's daughter. Schedule of the Railway Claims Tribunal Act, 1987 indicated that amount of compensation for the d...
Tag this Judgment!Sahdeo Ram and anr. Vs. the State of Bihar
Court: Patna
Decided on: Jul-10-2001
Anil Kumar Sinha, J.1. The revision application has been directed against the order dated 3rd June, 1999 passed by 2nd Additional Sessions Judge, Katihar in Criminal Appeals Nos. 20 of 1995 and 21 of 1995, whereby he dismissed the appeals preferred by the petitioners and others. The petitioners were convicted for the offence under Section 3(a) of the R.P. (U.P.) Act and were sentenced to undergo rigorous imprisonment for two years each.2. The facts relevant to the present revision application are that on 24-10-1985 at about 6.15 a.m. the S.I. S.N. Ojha, posted at R.P.F. Post, Katihar, got an information that shunter and fireman of Engine No. 4363-YG was selling coal from the engine towards, Mansahi Railway Crossing Gate of Gosala, so, he rushed towards engine along with S.I. Amar Deo Singh and constable Bashishtha Narain Jha and noticed that engine crew was keeping one basket on the head of a lady from Engine No. 4363-YG. So, the lady was chased by them but she managed to escape throw...
Tag this Judgment!Vijay Laxmi Devi and ors. Vs. Ram Naresh and ors.
Court: Patna
Decided on: Jul-09-2001
S.N. Pathak, J. 1. These three miscellaneous appeals were heard analogous and this judgment governs the three appeals.2. In a nutshell, the relevant facts are that three Claim Case Nos. 23/8, 22/7 and 21/6 of the 1978/1993 were filed by the descendants of deceased one Satyanand Kumar who died in accident while traveling in bus No. BRC 22 which met with an accident on 11.3.1978 near Kalyanpur Block. The aforesaid bus was carrying passengers from Patna to Darbhanga. It fell into a ditch near Kalyanpur Block and allegedly Satyanand Kumar died and his son and daughter-in-law also received injuries. Three separate claim petitions were filed by descendents of the deceased and the injured persons themselves filed cases. Upon evidence led by all the claimants in all the three claim cases the Tribunal dismissed the claims of the appellants on the ground, inter alia, that it was not proved that Satyanand Kumar died in the accident caused by the aforementioned bus and that his son and daughter-...
Tag this Judgment!Sriniwas Kumar Sinha and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-09-2001
S.N. Jha, J.1. This writ petition on behalf of two petitioners has been filed seeking direction to fill 48 posts of Agriculture Inspector/Block Agriculture Officer or equivalent posts by candidates belonging to Backward classes who had passed the B.Sc (Agricultue) Examination between 1980 and 1987, and to appoint them on such posts in the process. They had earlier also approached this Court in CWJC No. 5279 of 1995. this Court declined to grant any relief observing that the 'chain system' of appointment having been held to be ultra vires by this Court no order can be passed in their favour. They were, however, permitted to pursue the representation which they claimed to have filed.2. The matter seems to have been examined at different levels by the departments of Agriculture and Personnel and Administrative Reforms in the light of the said observation of this Court. At one stage, it was decided to consider the leftover candidates belonging to the Backward classes category and accordin...
Tag this Judgment!Baleshwar Mochi Vs. Kundan Devi and ors.
Court: Patna
Decided on: Jul-09-2001
S.N. Pathak, J.1. This Miscellaneous Appeal is directed against the order dated 10-1-1994 passed by 3rd. Additional District Judge, Begusarai, in Miscellaneous case No. 2/93.2. The relevant facts are that the respondents 1st party had filed title Suit No. 88 of 1977. The suit was decreed. Then, the appellant Baleshwar Mochi along with respondents 2nd set filed the aforesaid title appeal No. 2/93. This appeal was, however, pending for deposit of cost for service of notice upon the respondents of the aforesaid appeal. In this connection, an order dated 8-8-1991 was passed directing the appellant to file the requisites for service of notice against the respondents 11, 12 and 14. Some of respondentsd 2nd set who had filed the appeal were warking as labourers in the State of Assam and Phulena Paswan, respondent No. 6, was entreated with the pairvi of the appeal. Phulena Paswan was living at Begusarai and, therefore, he was entrusted with the work of taking steps in the appeal. Phulena Pasw...
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