Patna Court August 2001 Judgments
Ramlayak Ram and anr. Vs. Umrawati Devi and ors.
Court: Patna
Decided on: Aug-28-2001
S.N. Pathak, J.1. This miscellaneous appeal is directed against the judgment passed by Mr. Ajay Kumar Srivastava, Additional District Judge-I, Rohtas at Sassaram-cum-Claims Tribunal, in M.V. Claim Case No. 36 of 1993. The claim of the appellants for compensation on account of the death of Dharamchandra Kumar, their son, was rejected by the Tribunal; and hence this appeal.2. The relevant facts are that on 10.1.93 the deceased Dharamchandra Kumar, a student of class IX, along with one Umesh Kumar, was proceeding on a bicycle from village Jagadeeh. When they reached the village Purnadeeh on the metalled road a truck bearing the registration No. BR 13H 9325 coming from the opposite direction dashed the cyclists as a result of which Dharamchandra Kumar died and his companion Umesh Kumar was thrown off the cycle. The deceased was earning a monthly income of Rs. 1,500 by running a laundry. The applicant (appellants before this court) had examined six witnesses. But of whom PW 1 was Ramlayak ...
Tag this Judgment!Md. Noor Alam Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-28-2001
S.N. Pathak, J.1. This revision is directed against the order passed by the Judicial Magistrate, 1st Class, Bettiah, in Maintenance Case No. 15/1994 (trial No. 280/1999). The order was passed on 18.6.1999. By the aforesaid order Salma Khatoon, daughter of Noor Fatma, was allowed maintenance amount of Rs. 300/- per month to be paid by the revisionist before this Court, who was husband of Fatma Khatoon.2. It was submitted by the revisionist's lawyer that although he had admitted marriage with Noor Fatma, his case was that he had divorced his wife Noor Fatma in the year 1983 and she was banished from his house and since then she was living with her brother. Salma Khatoon was not born out of the wedlock between the revisionist and Noor Fatma. So, Salma Khatoon was not entitled to claim any maintenance amount. It was further submitted that the evidence on record did not support that Salma Khatoon was the daughter of the revisionist from his first wife Noor Fatma.3. I find that both the par...
Tag this Judgment!Sharda Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-24-2001
Indu Prabha Singh, J. 1. This application filed under Sections 397 and 398 of the Code of Criminal Procedure, 1973 (in short 'the Code') is directed against the order dated 4-5-1998 passed by Shri A.K. Srivastava, Judicial Magistrate, 1st Class, Raxaul at Motihari (East Champaran) in Case No. C-63/98 by which the learned Court below was pleased to dismiss the complaint petition filed by the petitioner Sharda Devi (since deceased).2. From the record it appears that Sharda , Devi had instituted Raxual P.S. Case No. 4/97 against opposite party Nos. 3 to 6 which was registered under Sections 384, 341 and 419 of the Indian Penal Code. The police after completing the investigations submitted final form finding the case to be false. Sharda Devi filed a protest petition before the learned Chief Judicial Magistrate. The matter went up to the Hon'ble High Court in Cr. Misc. No. 18025 of 1997 which was disposed of by an order dated 25-9-1997 (vide Annexure-15). In it Sharda Devi had prayed for q...
Tag this Judgment!Badri Prana and ors. Vs. Collector, Nalanda at Biharsharif and ors.
Court: Patna
Decided on: Aug-22-2001
S.N. Pathak, J.1. This second appeal is directed against the judgment and decree passed by the Additional Subordinate Judge, IIIrd, Biharsharif, in Tittle Appeal No. 7 of 1975/11 of 1982 affirming the judgment of the trial Court, passed in title Suit No. 159 of 1968 by the Munsif at Biharsharif on 20-12-1974. The plaintiffs of that suit are the appellants herb.2. The case of the plaintiff-appellants was that the suit land was owned and possessed by one Sk. Makhdum. Sk. Makhdum gifted 3.29 acres of land to his sons and daughter by registered deed of gift dated 6-7-1923 Makhdum died in the year 1926. The rest of his lands measuring 3.29 acres were inherited by sons and daughters of Sk. Makhdum, plaintiff-appellants purchased the entire suit land from the heirs and successors of Makhdum. However, Evacuee Department of the Government of India declared the suit property as Evacuee Property. The plaintiff-appellants learnt of this declaration in the year 1965, when the suit property was bei...
Tag this Judgment!Vijay Shanker Choube Vs. Ram Sewak Kuer and ors.
Court: Patna
Decided on: Aug-22-2001
P.K. Deb, J.1. This appeal has been preferred by the above named defendants 2nd party-appellant against the judgment and decree dated 8-5-1996 passed by the then 2nd Addl. District Judge, Sitamarhi, in Title Appeal No. 9 of 1990 whereby and whereunder the appeal was allowed by setting aside the judgment and decree dated 13-2-1990 passed by the Munsif, East Sitamarhi, in Title Suit No. 5 of 1986. Respondent Nos. 1 and 2 were the plaintiffs in Title Suit No. 5 of 1986. The reliefs claimed in the suit were for declaration that Basgitparcha granted to defendant No. 1 is illegal, not effective and not binding on the plaintiffs, (ii) For granting decree for recovery of possession against defendant 1st party and also for giving direction to them for removing all materials from the disputed land failing which the Court be pleased to deliver possession to the plaintiff during the process of the Court, (iii) For restraining the defendants for doing any new work and from challenging the nature o...
Tag this Judgment!Ajanta Circus Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Aug-21-2001
R.M. Prasad, J.1. In this writ application prayer is to quash Office Order No. 981 dated 23rd June, 2001 (Annexure-5) issued by the Director, Sanjay Gandhi Biological Park, Patna (respondent No. 5) in continuation of earlier letters bearing No. 978 dated 22nd June, 2001 (Annexure 5/B) and 979 dated 23rd June, 2001 (Annexure-5/A) directing the petitioner to hand over the lions, tigers, panthers, bears and monkeys to the designated Rescue Centres mentioned in D.O. letter dated 18th May, 2001 of the Additional Director General of Forest (Wild Life), Government of India (respondent No. 3), a copy of which was served vide aforesaid Letter No. 978 and has been annexed as Annexure-3. Besides this, the petitioner has also sought for direction to the respondents to pay the cost of such animals as indicated in their reply dated 24th June, 2001 (Annexure-4) and also to direct respondent No. 3 to pay a cost of Rs. 15,000/- (fifteen thousand) per day from 23-6-2001 i.e., the date of stopping of th...
Tag this Judgment!Onkar Nath Choudhary Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-21-2001
S.K. Katriar, J.1. Heard learned Counsel for the parties.2. This writ petition is directed against the order 17-3-1999 (Annexure-1), passed by the learned Land Reforms Deputy Collector, Sadar, Darbhanga in Bataidari Case No. 8/90-91 (Ram Autar Singh v. Soti Lal Singh), whereby the proceedings under Section 48-E of the Bihar Tenancy Act, 1885 (hereinafter referred to as the 'Act'), was decided against the present petitioner, who is one of the landlords, respondent No. 4 is the Bataidar, and respondent No. 5 is the purchaser.3. Learned Counsel for respondent No. 4 has raised the preliminary objection to the effect that the petitioner has approached this Court without exhausting the statutory remedy of appeal provided under Section 48-F of the Act.4. Learned Counsel for the petitioner as well as respondent No. 5 have submitted that the Land Reforms Deputy Collector has passed the order arbitrarily and without hearing the petitioner and, therefore, the present writ petition is maintainabl...
Tag this Judgment!Jag Ram and ors. Vs. Most. Soniya Devi and ors.
Court: Patna
Decided on: Aug-21-2001
P.K. Deb, J.1. This appeal has been preferred against the judgment and decree dated 28-6-1997 passed by the 3rd Additional District Judge, Betiah (West Champaran) in Title Appeal No. 61 of 1996 whereby the appeal has been allowed in part decreeing the plaintiffs suit in part by setting aside the judgment and decree of dismissal recorded by the Munsif, Bagaha in Title Suit No. 66 of 1994.2. The appellants as plaintiffs had field Title Suit No. 66 of 1994 on the following contentions that one Raju Chamar was the common ancestor of the plaintiffs and the defendants and he was appointed as a Goriat by the Batia Raj and the land in question was allotted to him in lieu of his service and his name was recorded also in the revisional survey khatiyan. He worked till 1927 as gorait and after him one Shyam Lai Dusadh was appointed as Goriat and the disputed land came in possession of Shyam Lai Dusadh as the lands were being allotted goriatwise and after Shyam Lai Dusadh, the father of the plaint...
Tag this Judgment!Anjan Kumar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-20-2001
Narayan Roy, J.1. Heard Mr. P.K. Shahi, learned Counsel appearing on behalf of the petitioner, and JC to SC 9.2. By this writ application, the petitioner has challenged the order, as contained in Annexure 1 dated 17-8-2000, passed by respondent No. 2, Director General-cum-Inspector General of Police, Bihar, Patna, in purported exercise of power under Rule 853-A of the Bihar Police Manual, 1978 (hereinafter to be referred to as 'Manual'), whereby and whereunder the order of reinstatement dated 21 -3-1997, as contained in Annexure 11, has been reviewed and the petitioner has been dismissed from service.3. Learned Counsel appearing on behalf of the petitioner firstly submitted that a departmental proceeding, which was initiated against the petitioner and two others, namely, Havildar Zafarullah and constable Deo Narain Singh culminated in dismissal of the petitioner and Deo Narain Singh from services. It is further submitted that so far as the petitioner is concerned, he was found guilty ...
Tag this Judgment!Rajiv Kumar Bhaskar Vs. the Chairman, Life Insurance Corporation of In ...
Court: Patna
Decided on: Aug-18-2001
Radha Mohan Prasad, J.1. In this writ petition, prayer of the petitioner is to direct the Respondents to pay him the death claim of his father, who died on 9-7-1996 white working as Lecturer, Geography Department, Ram Lakhan Singh Yadav College, Aurangabad with interest and cost.2. The case of the petitioner, in brief, is that his father late Upendra Sharma was posted as Lecturer, Geography Department, Ram Lakhan Singh Yadav College, Aurangabad and in the year 1992 he insured his life under the Salary Saving Scheme for Rs. one lac for which required monthly premium was deducted from the salary of the petitioner's father every month by the said Ram Lakhan Singh Yadav College, Aurangabad and that was deposited with the Aurangabad Branch of the Life Insurance Corporation. Father of the petitioner died of massive heart attack on 9-7-1996, thereafter the petitioner put-forth the death claim of his father and submitted the required papers in Aurangabad Branch office of the Corporation on 10...
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