Patna Court July 2001 Judgments
Surjit Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-09-2001
S.N. Jha, J.1. This writ petition on behalf of the sole petitioner has been filed for quashing the order of Regional Deputy Director of Education (RDDE), Tirhut Division, Muzaffarpur, contained in his Memo No. 819 dated, 26-11 -99 terminating the services of the petitioner and directing recovery of the amount paid to him.2. The case of the petitioner is that on 16-9-92, the RDDE, Muzaffarpur requested the local Employment Exchange to recommend the names for appointment on the post of Clerk in Mofussil Offices of the Education Department in Tirhut Division. On 30-12-92, an advertisement was also published. The petitioner who possessed the requisite qualification and was registered with the Employment Exchange applied for the post. On 25-3-93, the candidates were called for interview with requisite papers on 15-4-93. The petitioner appeared for interview. After interview, etc. on the recommendation of the Divisional Establishment Committee on 14-9-93, he was appointed on the post of Cle...
Tag this Judgment!Jatta Mahto Vs. State of Bihar
Court: Patna
Decided on: Jul-09-2001
B.N.P. Singh, J. 1. The sole appellant suffered conviction under Section 307 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for three years on that count on being tried by 7th Additional Sessions Judge, Arrah in Sessions Trial No. 147 of 1983.2. The facts of the case lie in a very narrow compass which can be narrated with brevity. It was alleged that while Uma Shankar Mahto, P.W. 7, was getting the wheat bundles wrapped In the field along with labourers who were working in the field, the appellant emerged and resisted him from harvesting the crops which was followed by assault with dagger on his face and chest and Uma Shankar Mahto, finding no prospect to escape, retired to his house. The incident was shown to have been witnessed by Shiv Kumar Gareri, Chhattu Gareri and Sangerwa, daughter of Shiv Kumar Gareri. It was alleged that shortly after receipt of injury by Uma Shankar Mahto, he was carried to Dumraon hospital where he was treated by the doctor who...
Tag this Judgment!Ram NaraIn Prasad Gupta and ors. Vs. Satyabati Devi and ors.
Court: Patna
Decided on: Jul-06-2001
Someshwar Nath Pathak, J.1. This second appeal has been preferred against the judgment and decree passed by Shri Awadhesh Kishore Prasad Singh, 2nd Additional District Judge, Sitamarhi in Title Appeal No. 10 of 1981/21 of 1983, filed by respondents which was decreed against the defendant 1st set who are the appellants before this Court. On appeal being preferred by the defendant 1st, this was also dismissed by the 1st appellate Court, as stated above. Hence, this second appeal.2. In substance, the case of the plaintiff-respondents was for declaration that they had right of usar over survey Plot No. 511 as passage. The case of the defendant-appellant was that Plot No. 511 was under their title on purchase but however, this was recorded in revisional survey in the name of State of Bihar. Subsequently, this entry was challenged in the consolidation operation and this error was corrected. The right of easement claimed by the plaintiff-respondent was denied. The trial Court as also the app...
Tag this Judgment!Govind Kant Sharan Vs. Khushal Mal and ors.
Court: Patna
Decided on: Jul-06-2001
S.N. Pathak, J.1. This miscellaneous appeal is directed against the order dated 18th October, 1993 passed by 3rd Additional District Judge, Arrah in T.A. No. 30 of 1993 whereby the prayer of the appellant before this Court for mandatory injunction as also for maintaining status quo ante was rejected.2. It was submitted before me by the appellants lawyer that the appellant had filed title suit No. 25 of 1988, seaking declaration of sale-deed executed by Phulan Prasad Verma and his two brothers (O.P. 2nd set), in favour of C.P. 1st set as null and void, as also for seeking declaration that the sale-deed, executed by O.P. 1st set in favour of O.P. 6th set was null and void. It was further the case of the appellant in the aforesaid suit that Plot No. 1866 and 1867 were amalgamated and the appellant was using Plot No. 1866 for his exit and other pruposes; because his residential house was situated on Plot No. 1867. However, the suit was dismissed against which there was an appeal (T.A. No....
Tag this Judgment!Rajgrih Choubey Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-06-2001
Radha Mohan Prasad, J.1. In this writ petition, the petitioner has challenged the validity of the order of the District Magistrate-cum-Collector, Kaimur at Bhabhua dated 9-11-1998 passed in Arms Case No. 9/91, contained in Annexure 2 and also the order of the appellate authority dated 16th October, 2000, contained in Annexure 4, affirming the aforementioned order of the Collector, whereby and whereunder the licence bearing No. 122/73 for Rifle bearing No. 6961 of the petitioner was cancelled and revoked and he was directed to deposit his rifle in Police Line, Kaimur, pursuant to which he deposited his arms.2. Earlier also, the petitioner filed C.W.J.C. No. 10989 of 1996 challenging the validity of the order by which the said licence was cancelled and affirmed by the appellate authority. The said orders were quashed by this Court, vide order dated 4-3-1998, contained in Annexure 1, and the matter was remitted back to the District Magistrate for passing final order in accordance with la...
Tag this Judgment!Bihar State Electricity Board and anr. Vs. Shree Plywoods (Pvt.) Ltd. ...
Court: Patna
Decided on: Jul-06-2001
1. The import of word 'meter' in Section 26(6) of the Indian Electricity Act, 1910 (in short 'the Act') arises for consideration in this Letters Patent Appeal. 2. Shree Plywoods (Pvt.) Ltd., respondent No. 1 herein, is a company engaged in the manufacture of plywood products at Industrial Area, Fatuha and for the purpose of manufacturing it purchases electricity from the Bihar State Electricity Board (in short 'the Board') at contract load of 120 KVA, falling under High Tension (HT) category. On 24-8-2000 a team of Engineers of the Board inspected the meter installed in the factory premises of the respondent. The team found that a phase 'B' of the meter current was showing .03A (A for ampere). Being of the view that it was a doubtful case further inspection was postponed. On 25-8-2000 the team visited the premises again. This time it found the current in the concerned phase missing. CT Box seal was opened to see the condition inside. It was noticed that CT load wire Joint had melted ...
Tag this Judgment!Mostt. Padmavati Mishra Vs. Sumitra Devi and ors.
Court: Patna
Decided on: Jul-05-2001
S.N. Pathak, J.1. This appeal has been preferred against an order dated 1-9-1995 whereby the 5th Additional Sessions Judge, Bhagalpur, rejected the succession Case No. 28 of 1988 by the appellant, seeking succession certificate for the appellant-applicant on the death of her step son Lok Nath Mishra, who was an employee of the Bihar Electricity Board. This case was contested by the daughter of the deceased. On the evidence addured by the parties, the Court come to the conclusion that Sumitra Devi was the daughter of the deceased and she was also the nominee of the deceased in the Group Insurance Scheme and other funds of the deceased lying with the Electricity Board. Though it was the contention of the appellant-applicant that the deceased died unmarried, the lower Court went deep into the evidence adduced by the parties and held on the basis of documentary and oral evidence that Sumitra Devi was the daughter of the deceased and Shanti Devi was his wife, who died already before the de...
Tag this Judgment!Satrughan Mistry and ors. Vs. the Bihar State Electricity Board and or ...
Court: Patna
Decided on: Jul-05-2001
R.M. Prasad, J.1. As in all these four writ petitions the question involved is common, with the consent of the parties, they have been heard together and are being disposed of by this common order.2. In all the writ petitions the petitioners are aggrieved by raising electric bills on the basis of enhanced connecting load than what was agreed upon as per the agreement entered into between them and the Board. The case of the petitioners is that originally connecting load was less then for which demand has been calculated and raised. It appears that Anti Theft Power Squad of the Board, papulary known as Vigilance Cell' had inspected the premises of the petitioners sometime in the year 1988 and found that their connecting load was more than the sanctioned load as agreed in terms of the agreement. It is admitted fact that the reports prepared, on the basis of said inspection, were served on the petitioners, after the inspection was made giving details about the utilisation of load more tha...
Tag this Judgment!Bibi Fahmidun Nisa Vs. Dalni Devi and ors.
Court: Patna
Decided on: Jul-04-2001
Someshwar Nath Pathak, J.1. This Miscellaneous Appeal is directed against the order dated 18-8-1992.2. In a nut-shell, relevant facts of this appeal are that the title suit No. 23/77/24/88 was filed by the respondents of this appeal seeking declaration of title. The suit was, however, dismissed. Then the plaintiff-respondent filed first appeal No. T.A. No. 40/88/21/91 in which the impugned order was passed. By the impugned order learned Additional Judge remanded the suit to the trial Court for framing an issue whether the suit suffered from non-joinder of necessary party. It was directed by the impugned order that after framing this issue the trial Court shall pass a fresh judgment.3. Before me it was submitted by the appellant's'lawyer that so far the nonjoinder of the parties to be an issue,it is for the parties themselves to raise in the trial Court. None of the parties had pleaded that the suit suffered from non-joinder or mis-joinder of parties: Therefore, there was no necessity ...
Tag this Judgment!The Oriental Fire and General Insurance Company Ltd. Vs. Suchita Mishr ...
Court: Patna
Decided on: Jul-04-2001
Someshwar Nath Pathak, J.1. This appeal is directed against the order passed by Sri Prakash Rai, 4th Addl. District Judge-cm-Claims Tribunal, Vaishali at Hajipur. The respondent No. 1 was the applicant in the lower Court and she had preferred the claims case for death of her husband Harbansh Mishra who was travelling in Mini Bus bearing Regd. No. BHP 5858 on 7-7-1985 which met with an accident on Patna-Hajipur road. The deceased was an Engineer, although he was unemployed. The Insurance Company, which is the appellant before this Court and the owner and driver, all contested the Claim Case No. 35 of 1985 and, on evidence adduced by the parties, the Tribunal awarded compensation of Rs. 2,25,000/- which was to be paid by the Insurance Company. The appellant before this Court has confined this appeal by challenging the amount of compensation beyond Rs. 15,000/- (fifteen thousand) because the entire compensation money was directed to be paid by the appellant company. It was submitted befo...
Tag this Judgment!- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- Next ›
- Last »