Patna Court January 2002 Judgments
Divisional Manager, Oriental Insurance Co. Ltd. Vs. Gulam Rabbani and ...
Court: Patna
Decided on: Jan-11-2002
Radha Mohan Prasad, J.1. Heard the learned Counsel for the appellant and perused the order impugned in the present appeal.2. Mr. Ajay Kumar, learned Counsel appearing for the appellant has ventured to submit that in the facts and circumstances of the present case, the appellant insurance company is not liable to indemnify and thus grant of interim compensation vide impugned order is bad in law. He submitted that the appellant has moved in appeal especially as the Claims Tribunal has recorded certain findings against the appellant leaving it not open for consideration at the time of final hearing.3. It is not in dispute that the vehicle in question was insured with the appellant company. However, according to the appellant company, the payment of premium was made by cheque which on deposit was returned with a remark 'funds insufficient' vide letter dated 3.7.1996. After getting the aforesaid letter, the company immediately cancelled the cover note and informed the owner regarding the ...
Tag this Judgment!Branch Manager, New India Assurance Co. Ltd. Vs. Nakul Sah and ors.
Court: Patna
Decided on: Jan-11-2002
Radha Mohan Prasad, J.1. This appeal is directed against the judgment and award passed by 5th Additional District Judge, Bhagalpur in Claim Case No. 8 of 1987 allowing the application, on contest, with costs against the appellant company and directing them to pay Rs. 50,000 with pen-dente lite and future interest at the rate of 12 per cent per annum within one month.2. In the present case, the deceased aged about six years was run over by jeep bearing registration No. BHQ 6869, for which Nathnagar P.S. Case No. 159 (9) of 1986 under Sections 304A and 279 of Indian Penal Code was registered. It is alleged that the jeep was being driven rashly and negligently and crushed the boy and then sped away.3. According to the case of appellant, the vehicle is claimed to be insured from Bhagalpur Branch of appellant company, bearing registration No. 4322123076. The case was contested by the appellant and the written statement was filed in which insurance of the vehicle with the company was not ad...
Tag this Judgment!Smt. Jago Devi and ors. Vs. Bhagirath Prasad @ Bachcha Babu and ors.
Court: Patna
Decided on: Jan-10-2002
S.N. Pathak, J.1. This appeal is directed against the judgment and decree dated 23rd December, 1987 and 6th January, 1988 respectively passed by Additional District Judge XIII, Patna, in Title Appeal No. 78 of 1979, reversing the judgment of the trial Court dated 31st March 1979 passed in Title Suit No. 125 of 1969. The defendants of the suit are the appellants before this Court. The suit of the plaintiff-respondents was dismissed by the trial Court and the first appellate Court reversed the same against which the defendants have preferred the aforesaid second appeal.2. The facts admitted by the pleadings of the parties are that there was one Plot No. 794 having a total area of 10 acres 5 decimals recorded in the names of three persons. The three recorded owners of this plot entered into partition and 1/3rd of the middle portion of the plot fell to the share of Srinaryan Singh and Bindeshwri Prasad Singh jointly after the Survey. Srinarayan Singh and Bindeshwri Singh also later effec...
Tag this Judgment!Rajendra Prasad Misra and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-10-2002
P.K. Deb, J.1.Heard the parties.2. In all these cases claims and grievances of the petitioners are almost same and similar and the respondents are also the same. It is submitted in the Bar that these cases are similar to the batch cases in CWJC No. 14857 of 2001 and others which were disposed of vide order dated 14-12-2001 and, as such, these batch cases may also be disposed of with the same direction and observation. On independent scrutiny of all these cases, I also find that the petitioners in these cases stand on the same footing as that of the others whose cases were disposed of on 14-12-2001 in the batch cases as already mentioned above. In that way, the present writ petitions are also disposed of with the same direction as has been made in the batch cases as mentioned above.3. The individual petitioners shall file representation before the District Superintendent of Education, Jahanabad and also the District Superintendent of Education, Gaya within a period of six weeks from t...
Tag this Judgment!Basudeo Yadav and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-10-2002
S.N. Jha, J. 1. In this batch of letters patent appeals the dispute, in substance, relates to the validity of Instructions issued by the Principal Chief Conservator of Forests in the matter of renewal and grant of fresh licence for running saw mills in the State of Bihar. 2. The appellants are aggrieved by rejection or non-disposal of their application for renewal of licence or cancellation/suspension of licence under the Bihar Saw Mills (Regulations) Act, 1990 (in short 'the Act'). The case of the appellants shorn of details which it is not necessary to notice, is that the saw mills established by them are source of their livelihood and the impugned action of the authorities is violative of their fundamental right to carry on trade and business under Article 19(1)(g) of the Constitution of India. The impugned direction in the matter of grant/renewal of licence has professedly been issued pursuant to the direction of the Supreme Court dated 12-12-1996 inthe case of T. N. Godavarman Th...
Tag this Judgment!Akhilesh Kumar Sinha and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-10-2002
Narayan Roy, J.1. Heard learned Counsel for the petitioners and learned G.P. 9 for the respondent in all the cases.2. All these writ applications have been filed for common cause as the writ petitioners have been terminated from their services and the facts involved in these writ applications are identical, therefore, they have been heard together and are being disposed of by this common order.3. A common argument has been advanced on behalf of the petitioners challenging the orders of termination of the petitioners contending that the orders of termination are arbitrary unreasonable and wholly without jurisdiction inasmuch that the petitioners have worked under the respondents for several years after being validely appointed on Class IV posts.4. A counter-affidavit has been field on behalf of the state stating therein that though the petitioners contained under the respondents for some time. On Class IV posts, they were not appointed after following the provisions of Articles 14 and...
Tag this Judgment!Taramani Devi and ors. Vs. Govind Ram Sharma and anr.
Court: Patna
Decided on: Jan-09-2002
S.N. Pathak, J.1. This second appeal has been preferred against the judgment dated 17th March, 1986 and decree dated 8th April, 1986 passed by the 3rd Additional District Judge, Bettiah, in Title Appeal No. 16/99 of 1984-85 confirming the judgment and decree dated 19th May, 1984 and 30th May, 1984 respectively passed by 2nd Additional Munsif, Bettiah (West Champaran), in Title Suit No. 68/82/T.S. 2/84. The plaintiffs of the suit are the appellants here.2. The plaintiff-respondents' case in the lower Court was that there was one Ram Chandra Singhania who left behind four sons, namely, Chhedilal, Madan Lal, Ramautar and Haridwar. The suit Plot No. 32 among other plots were owned by Ram Chandra Singhania and in the year 1950, the four sons entered into partition of their family property by registered deed and the suit Plot No. 32 under Khata No. 7 fell to the share of Haridwar Singhania (Defendant No. 2 the suit). However, subsequently, Defendant No. 2 ruined his business and he wanted ...
Tag this Judgment!Manju Kumari @ Manju Devi @ Smt. Manju Devi Vs. State of Bihar and ors ...
Court: Patna
Decided on: Jan-09-2002
G.P. Narayan Roy, J.1. Heard Counsel for the parties.2. This writ application arises out of an order published in the daily newspaper 'Hindustan' on 24-8-2001 bearing communique No. 25/2001, as contained in Annexure-5, whereby and whereunder the authorities of Bihar School Examination Board, Patna, (hereinafter to be referred to as 'Board') have cancelled the matriculation result of the petitioner, published in the year 1983, after expiry of 18 years.3. Necessary facts giving rise to this application are as follows:4. The petitioner, Manju Kumari, appeared in the matriculation examination, which was held in the year 1982, as a regular student from High School, Kaswa, Purnea. However, she could not pass the matriculation examination, and, therefore, she obtained the transfer certificate from Kaswa High School and got herself admitted in K.D. Girls High School, Kaswa and directly appeared in the test examination held in K.D. Girls High School, Kaswa and passed the requisite test and he...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Shanti Devi and ors.
Court: Patna
Decided on: Jan-08-2002
Radha Mohan Prasad, J.1. This miscellaneous appeal is directed against the judgment dated 19.5.1999 passed in Claim Case No. 18 of 1993 by the 1st Additional District Judge, Siwan, awarding compensation to the tune of Rs. 4,78,960 with the interest at the rate of 12 per cent per annum and on failure to pay the said amount within two months interest at the rate of 18 per cent per annum till the realisation of the amount from the date of filing of petition.2. In short, the relevant facts are that the deceased aged about 43 years met with an accident and died on 18.2.1993. Admittedly, the vehicle was insured with the appellant company. However, it is contended that the insurance company is not liable to indemnify as the driver of the vehicle in question did not have valid licence to drive passenger carrying vehicle and, thus, there has been violation of the terms and conditions of the insurance policy. The learned counsel for the appellant has contended that the impugned judgment is also...
Tag this Judgment!Prayas Mahila Audyogic Co-operative Society Ltd. and anr. Vs. State of ...
Court: Patna
Decided on: Jan-08-2002
1. The petitioners are non-governmental organisation registered under the Bihar and Orissa Co-operative Societies Act, 1935. Petitioner No. 1 produced registration certificate bearing registration No. 13/1995. Smt. Suman Lal is Secretary of petitioner No. 1. The activities of the petitioners are upliftment of the female society and to help the weaker female section of the society to lead their life in dignified manner, To achieve the object they used to bring to the notice of the administration/judicial authority about atrocities being committed on the women in the society. Petitioner No. 1 on coming to know about the confinement of respondent No. 8 tried to contact the parents of respondent No. 8 but they completely showed their ignorance regarding whereabouts of respondent No. 8. However, during course of enquiry petitioner No. 1 succeeded in getting written statement made by respondent No. 8, Annexure-2, and as such the writ petition was filed to get respondent No. 8 released from ...
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