Patna Court September 2001 Judgments
Durga Bhawani Cold Storage Vs. Bihar State Financial Corporation and o ...
Court: Patna
Decided on: Sep-20-2001
S.N. Jha, J. 1. The dispute in this writ petition relates to distress sale of a Cold Storage, Durga Bhawani Cold Storage (P) Ltd. re-christened M/s Maa Mamta Cold Storage (P) Ltd., under the Bihar State Financial Corporation Act, 1951 (in short the Act'). 2. The petitioner originally prayed for quashing of the sale notice, dated 12-1-1990, under Section 29 of the Act, enclosed as annexure-1 to the writ petition, and sought consequential and incidental reliefs. By amendment further prayer for quashing of the order dated 20-2-1990 and the transfer deed dated 14-5-1990 was made. By the said order dated 20-2-1990 contained in Annexure-17, acceptance of offer of respondent No.5 Nagendra Singh for purchase of the Cold Storage was communicated and the Branch Manager, Chapra Branch of the Corporation was authorised to enter into the premises and take over the mortgaged assets on behalf of the Corporation and hand over the same to the said purchaser. By the transfer deed dated 14-5-1990 the t...
Tag this Judgment!Maa Mamta Cold Storage Pvt. Ltd. Vs. the Bihar State Electricity Board ...
Court: Patna
Decided on: Sep-20-2001
S.N. Jha, J. 1. This writ petition has been filed for direction upon the Bihar State Electricity Board (in short 'the Board') to restore electric supply to Maa Mamta Cold Storage (P) Ltd., the petitioner herein or grant new electric connection to it. Further prayer is to command the Board not to realise the outstanding dues of the previous owner namely, Durga Bhawani Cold Storage.2. The previous owners of the Cold Storage in question had taken loan from the Bihar State Financial Corporation (in short, the Corporation). They could not repay the loan and the Cold Storage was put on auction sale under Section 29 of the State Financial Corporations Act, 1951. One Nagendra Singh offered to purchase on payment of the balance outstanding. The offer was accepted and under registered instrument the Corporation sold the Cold Storage. After purchase the name of the Cold Storage was changed to Maa Mamta Cold Storage. The Corporation handed over possession of the Cold Storage on 6-3-90 to Nagendr...
Tag this Judgment!Vimal Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-18-2001
S.N. Jha, J.1. These two writ petitions on behalf of the same petitioner and with respect to the same dispute have been heard together and are disposed of by this common judgment.2. C.W.J.C. No. 9946/98 has been filed for quashing a notice, dated 7-11-98, by the Principal, S.K. Medical College Muzaffarnagar (hereinafter called 'the College') calling upon the petitioner to furnish required information pursuant to letter No. 1433/ 98 dated 18-9-98 failing which his rotating Internship may be terminated. Copy of the notice has been enclosed as Annexure-10 to the petition. C.W.J.C. No. 844/2001 has been filed for quashing the order of the Principal of the College dated 12-2-2001 cancelling admission of the petitioner to the MBBS course with immediate effect. Copy of the order has been enclosed as Annexure 1 to the petition. It has also been filed as Annexure 13 to IA No. 3177/2000 (in C.W.J.C. No. 9946/98).3. The case of the petitioner is as follows. The petitioner is a resident of villag...
Tag this Judgment!Harihar Singh Vs. Nawal Kishore Chauhan
Court: Patna
Decided on: Sep-18-2001
S.K. Katriar, J.1. The present civil revision application is directed against the order dated 16.5.2001, passed by the learned 7th Additional District and Sessions Judge, Siwan, in Claim Case No. 15 of 2000 (Nawal Kishore Chauhan v. Harihar Singh), which is an order passed under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'). The stamp report is to the effect that the order of the Claims Tribunal under Section 140 of the Act is appealable and, therefore, the present civil revision is not maintainable. Learned counsel for the petitioner has contested the stamp report and he has, therefore, been heard at length on this issue. Mr. Ajay Kumar, learned Counsel, has appeared on the question of maintainability of this application and assisted the court as amicus curiae.2. The issue in so far as this Court is concerned is no longer res Integra. The same has been decided by a Division Bench of this Court in Oriental Insurance Co. Ltd. v. Mohiuddin Kureshi 1...
Tag this Judgment!The State of Bihar and anr. Vs. Smt. Gowrama and ors.
Court: Patna
Decided on: Sep-18-2001
S.N. Pathak, J.1. The aforesaid miscellaneous appeals have been heard analogously and this common judgment shall govern all those appeals. These appeals arose out of the Money Suit Nos. 13/74, 14/74, 114/74, Title Suit Nos. 117/73, 118/ 73, 309/76, 310/76, 311/76. Title Suit Nos. 117 and 118 of 1973 were filed by the defendant-respondents and the rest of the suits were filed by the plaintiff-appellants. The aforesaid suits were referred to an Arbitrator on consent of both the parties in the lower Court and the Arbitrator rendered three separate awards for the aforesaid suits which were exhibited as Ext. D, Ext. D/1 and Ext. D/2. However, the plaintiffs filed objection to the awards given by named Arbitrator, Sri Girija Nandan Prasad (retired High Court Judge) and after disposing of the objection, the learned Sub-Judge-XIII, Patna, passed his impugned judgment dated 15-5-1995, against which these appeals have been prefened. The awards rendered by the Arbitrator were directed to be made...
Tag this Judgment!Bhartia and Sons Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-18-2001
Aftab Alam, J.1. As prayed by Mr. S.C. IV appearing for the State, this order is being passed to decide, as a preliminary issue the question arising in this case whether there was any legislative sanction for the directions contained in the letter, dated 10-7-2001 (Annexure-5) issued by the Commissioner-cum-Secretary, Department of Forest and Environment of Bihar which in effect prohibit transportation of sisam wood (Dalbergia Sisoo) from Bihar to any place out-side the State. In this letter, a declaration is made, purportedly of the legal position, that from the 1st paragraph of the notification of Bihar Timber and Other Forest Produce (Regulation of Transit) Rules, 1973 framed under Section 41 of the Indian Forest Act it was evident that those Rules were framed to regulate the movement of timber and other forest produce within the State. Hence, there was no provision in those Rules for issuing transit permit for transportation (of timber etc.) outside the State. The previous practic...
Tag this Judgment!Kalyanpur Cement Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-17-2001
Nagendra Rai, J. 1. The petitioner, a company registered under the Companies Act and engaged in manufacturing cement, has filed the present writ application for declaration that the explanatory note in Clause 3 of the Bihar Sales Tax Supplementary (Deferment of Tax) Rules, 1990 (hereinafter referred to as 'the Rules') explaining the meaning of incremental production, is arbitrary and inconsistent with the Industrial Policy Resolution, 1989 contained in No, 46 AIDC, Government of Bihar, Department of Industries, dated September 6, 1989, for quashing the part of the decision taken by the State Level Committee on February 3, 2000 holding that the petitioner is entitled to incentive of deferment of sales tax only on the additional production made pursuant to the expansion of the company above the installed capacity and not on the additional production above the production prior to expansion and for a direction to the respondents to give the benefit of the deferment of sales tax on the add...
Tag this Judgment!Rajesh Kumar @ Rajesh Kumar Singh Vs. State of Bihar and anr.
Court: Patna
Decided on: Sep-17-2001
P.K. Sinha, J.1. This is a petition under Section 482 of the Code of Criminal Procedure ('the Court', in short) preferred by Sri Rajesh Kumar @ Rajesh Kumar Singh praying therein for quashing the order dated 18.9.1996 passed by the learned Judicial Magistrate, 1st Class, Gaya in Miscellaneous Case No. 137 of 1994 corresponding to Trial No. 183 of 1996, which was a case under Section 125 of the Code in which, under final order the learned Magistrate had allowed maintenance to Sangeeta Devi, opposite party No. 2, who had made the claim in the application in the lower Court, being wife of the present petitioner.2. The facts, in brief, are that Sangeeta Devi, opposite party No. 2 had filed the aforesaid application alleging therein that her marriage with the present petitioner was performed in the year 1991 and after her 'Ruksadi' she was living with the petitioner but thereafter the petitioner and his family members dealt with the applicant/opposite party No. 2 with cruelty, even assault...
Tag this Judgment!Ram Ashray Mahto and ors. and Barister Yadav and ors. Vs. the State of ...
Court: Patna
Decided on: Sep-14-2001
I.P. Singh, J.1. These two writ applications have been heard analogous and this judgment will govern both of them.2. Earlier also these writ applications had come up for decision before a Bench presided over by B.N. Agrawal, J. (as he then was) and by an order dated 21st December, 1998 the aforesaid Bench had allowed the two writ applications and had quashed the Annexures under challenge. Against this judgment and order passed by this Court the respondents went to Hon'ble Supreme Court in Civil Appeal No. 4477-4478/1999. Before the Hon'ble Supreme Court appellant No. 1 Binod Kumar Gupta was respondent No. 4 in C.W.J.C. No. 3691/91 and respondent No. 1, Ram Ashray Mahto was petitioner No. 1 in C.W.J.C. No. 1253/91. The Hon'ble Supreme Court set aside the order passed by the aforesaid Bench of this Court and remitted back the matter for fresh consideration in accordance with law and in the light of what was observed in the judgment of the Hon'ble Supreme Court. This is how these two wri...
Tag this Judgment!The New India Assurance Co. Ltd. Vs. Nathun Sao and ors.
Court: Patna
Decided on: Sep-13-2001
Radha Mohan Prasad, J.1. This appeal is directed against the order dated 25-6-1999 passed in M.V. No. 28/5 of 1995/1998 by the 3rd Additional District Judge-Cum-Motor Accident Claims Tribunal, Aurangabad (Bihar) whereby and whereunder the learned Tribunal has held the appellant-Company liable for payment of ad interim compensation to the claimant and directed to pay Rs. 50,000/-as ad interim compensation for the death of Raju Kumar Agrawal, who met with an accident from a truck bearing No. BRB 6871 within a month of this order, failing which the Tribunal has held the claimant to be entitled to recover the amount of ad interim compensation with interest under due process of law.2. Initially, learned Counsel for the appellant contended that the impugned order is bad in law inasmuch as the objection of the appellant that the deceased was a gratuitous passenger has not been considered and awarded the interim compensation under Section 140 of the Motor Vehicles Act m violation of the decis...
Tag this Judgment!- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »