Patna Court May 2002 Judgments
The New India Assurance Company Ltd. Vs. Najo Khatton and ors.
Court: Patna
Decided on: May-09-2002
S.N. Pathak, J.1. This appeal has been filed against the order dated 16.2.1996 granting compensation of Rs. 50,000/- to the claimant-respondent and it was directed to be paid by the appellant (The New India Assurance Company Ltd.).2. Appellant's lawyer submitted that in the instant case, vehicle in question was ensured with the Insurance Company on 10.1.1995 from 4 p.m., whereas the accident took place at 12 noon of the aforesaid date. So, the Insurance Company was not liable to pay any compensation to the claimants of the case. In this connection, learned lawyer for the driver of the vehicle in question bearing registration No. BER 8421 (respondent No. 3) submitted that this misc. appeal is not maintainable in view of the fact that it is directed against an order which is not an award within the meaning of Section 149(7) of the M.V. Act, Explanation. He further submitted that this misc. appeal was also not maintainable because the appellant did not take leave of the Tribunal to file ...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Najo Khatoon and ors.
Court: Patna
Decided on: May-09-2002
Someshwar Nath Pathak, J.1. This appeal has been filed against the order dated 16.2.1996 granting compensation of Rs. 50,000 to the claimants-respondents and it was directed to be paid by the appellant (New India Assurance Co. Ltd.).2. Appellant’s lawyer submitted that in the instant case, vehicle in question was ensured with the insurance company on 10.1.1995 from 4 p.m., whereas the accident took place at 12 noon of the aforesaid date. So, the insurance company was not liable to pay any compensation to claimants of the case. In this connection, learned lawyer for the driver of the vehicle in question bearing registration No. BER 8421 (respondent No. 3) submitted that this misc. appeal is not maintainable in view of the fact that it is directed against an order which is not an award within the meaning of Section 149(7) of the Motor Vehicles Act, Explanation. He further submitted that this misc. appeal was also not maintainable because the appellant did not take leave of the Tri...
Tag this Judgment!Bihar State Electricity Board Vs. Kishori Devi and Etc.
Court: Patna
Decided on: May-09-2002
Nagendra Rai, J. 1. Both the appeals arise out of a common order dated 28-11-2000 passed by a learned single Judge of this Court and the points involved in both the appeals being one and the same, they have been heard together and are being disposed by this common order.2. LPA No. 20 of 2001 arises out of CWJC No. 5353 of 2000 which was filed by re-spondent-Smt. Kishori Devi for a direction to the appellant-Bihar State Electricity Board (hereinafter referred to as the Board) to restore electric connection which was disconnected without notice to her by the Assistant Electrical Engineer (Revenue), Bankpur Supply Division, Patna University, Patna on the ground that on surprise checking it was found that electrical energy was being used beyond the sanctioned load given to her.3. LPA No. 25 of 2001 arises out of CWJC No. 8831 of 2000 which was filed by the four shopkeepers who are tenants of the aforesaid Smt. Kishori Devi (hereinafter referred to as the landlady).4. The learned single Ju...
Tag this Judgment!Qazi Ahmad Azam Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-09-2002
R.S. Garg, J.1. Heard.2. By this writ application under Article 226 of the Constitution of India, the petitioner seeks a relief that the notification dated 30-8-2001 (Annexure-3) under which the Dumraon Municipality has been converted in the Dumraon Nagar Panchayat be quashed as the notification Annexure-3 has been issued without taking into consideration the objections raised by the residents of the said local area and without taking into consideration the census figures and the other attending circumstances. It is not in dispute before me that vide Annexure-1, on 3-5-2001 the State Government notified its intention to declare particular notified area Committees and municipalities to be declared as Nagar Panchayat under Section 4 read with Section 6 of Bihar and Orissa Municipal Act. With the said Annexure-1, a list of 77 Municipalities etc. were annexed, objections were invited and it was further observed in Annexure-1 that the objections received before the last date shall be consi...
Tag this Judgment!Subhash Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: May-08-2002
R.S. Garg, J. 1. Heard learned counsel for theparties, also perused the writ applicationand the counter-affidavit.2. The grievance of the petitioners are that in accordance with Section 48, Sub-section (2) as amended by Act Mo. 2/1994 amending the Bihar Sugarcane (Regulations f9r Supply and Purchases) (Amendment) Act, 1993, the State Government is obliged to declare or determine the share of Zonal Development Council and the Co-operative Society from the commission payable under Sub-section (1) of Section 48 of the said Act, and, as the State Government has not issued any notification to that effect the State Government be required to issue necessary notification determining the share of the Zonal Development Council and the Co-operative Society.3. The respondents submit before this Court that by the said amending Act number of the amendments were made in the original Act. It is contended that from the body of Sections 29. 32, 35, 41, 43, 44, the words, 'the Secretary of the Co-operat...
Tag this Judgment!Narad Paswan Vs. Ranjan Tewary @ Ranjan
Court: Patna
Decided on: May-07-2002
M.L. Visa, J.1. This an order on an application filed by sole respondent under Section 86(1) of the Representation of People Act, 1951 (in short, '1951 Act') read with Order VII, Rule 11 of the Code of Civil Procedure challenging the maintainability of election petition for non-compliance of mandatory provisions of Sections 81 and 83 of '1951 Act' and reply to this petition filed by petitioner.2. The brief facts of the matter are that respondent was one of the contesting candidates in the election held in the year 2000 for Govindganj Assembly constituency, in the State of Bihar (in short,' the election in question) and he was declared elected. The petitioner has challenged the election of respondent on the grounds that respondent was not qualified to be chosen to fill the seat of Bihar Legislative Assembly under the law and in fact, his nomination papers were improperly accepted. The case of petitioner is that the respondent is in reality a resident of Uttar Pradesh and he is also an ...
Tag this Judgment!Md. Ashad and ors. Vs. State of Bihar
Court: Patna
Decided on: May-07-2002
S.J. Mukhopadhaya, J.1. These two appeals on behalf of twelve appellants in all are directed against judgment and order of conviction. The appellants of Criminal Appeal No. 158/ 96 have been convicted under Sections 3 and 4 of the Explosive Substances Act, 1908 and sentenced to rigorous imprisonment for ten years each under both. They have also been convicted under Section 148 of the Penal Code and sentenced to rigorous imprisonment for two years. The sole appellant of Criminal Appeal No. 190/96 too has been convicted under Sections 3 and 4 of the Explosive Substances Act but sentenced to rigorous imprisonment for life under Section 3 of the Act and rigorous imprisonment for 15 years under Section 4. He too has been convicted under Section 148 of the Penal Code and sentenced to rigorous imprisonment for two years. It may be stated here that 15 persons including 12 appellants herein were put on trial. The trial of three of them, namely, Md. Samiullah, Md. Mursalim and Md. Nasim was sep...
Tag this Judgment!Mahendra Prasad Through Its Partner Mahendra Prasad and ors. Vs. State ...
Court: Patna
Decided on: May-03-2002
S.K. Katriar, J.1. This writ petition is directed against the orders marked Annexure-7 series to the writ petition, issued by the Agricultural Produce Market Committee, Darbhanaga (hereinafter referred to as 'the Committee'), whereby the rental of the shops occupied by the petitioners and let out by the Committee has been enhanced. Nine petitioners have joined together to raise a common cause, inter alia, challenging enhancement of the rent of the shops allotted to them.2. Although the formal orders relating to the petitioners are different, they raise a common cause. I will, therefore, state the facts only with respect to petitioner No. 1 (M/s. Mahendra Prasad, through its partner Mahendra Prasad), unless specifically indicated with respect to any other petitioner. The nine petitioners (1. M/s. Mahendra Prasad, through its partner Mahendra Prasad, 2. M/s. Mithila Alu Bhandar, through its partner Kailash Prasad Sah, 3. M/s. Kumar Umesh Prasad, through its proprietor Sakaldeo Singh, 4....
Tag this Judgment!Srinath Jha and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-02-2002
Aftab Alam, J.1. This writ petition arises from a dispute of promotions from Class III posts to posts in the higher pay-scale, Class II category in the Bihar State Housing Co-operative Federation Limited, Patna. The four petitioners seek to challenge the promotion orders, dated 31.8.1999 (Annexure-7), and dated 10.8.2000 (Annexure-9) by which respondents 4 to 11 were allowed promotions, disregarding the petitioners. The main grievance of the petitioners is that in granting promotions their respective seniority over the respondents was overlooked.2. It is common ground that the promotions were made in terms of the provisions of the office order, dated 22.4.1999 issued by the Secretary to the Federation in pursuance of resolution No. 368, dated 26.2.1999 passed by the Federation's Board of Directors. The office order made it expressly clear that promotions from the posts of Sr. Assistant/Assistant and other equivalent posts to the higher pay-scale in Class II category will be made on th...
Tag this Judgment!In Re: Collapse of Established Educational Institutions Vs. State of B ...
Court: Patna
Decided on: May-02-2002
Ravi S. Dhavan. C.J. 1. On this affirmative action there are reports of about 54 instances of neglected schools in Patna alone. These are basically Primary and Secondary Education schools run largely by the State Government, otherwise with the aid of the State Government grants. These schools suffer from abject neglect. Day after day the newspapers in Patna have reported that Primary and Secondary Education suffers badly as the infrastructure is Just not available. In this case are noticed facts as up to March 2002. The list of neglected schools is increasing and further reports are on record. 2. In some instances the school buildings have disappeared, other schools are without roof yet others are without doors and windows and in some cases one room housing two classes with children sitting in the opposite direction, because the rest of the building has fallen down. And, there are examples of one room schools with children receiving instructions by shifts. There are cases where school...
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