Patna Court January 2003 Judgments
Hindustan Lever Limited Vs. Managing Director, Patna Industrial Area D ...
Court: Patna
Decided on: Jan-20-2003
1. The Letters Patent Appeal has been filed now by Hindustan Lever Limited which had taken over the erstwhile Tata Oil Mills Company Limited, petitioner in original. 2. The issue raised in the writ petition was an amount of Rs. 1,27,910.83/- (rupees one lac twenty seven thousand nine hundred ten and eighty three only) raised as maintenance charges in favour of Patna Industrial Area Development Authority. 3. Of any charges that can be raised by the authority it is not in issue that the matter could be resolved under an agreement which provided for arbitration. 4. On the matter of arbitration it is contended that the Managing Director of the authority rejected the prayer for arbitration. The amount of charges, thus, stood and there was consequential certificate action under the Bihar & Orissa Public Demands Recovery Act, 1914. 5. The petitioner had two options. If the prayer for arbitration was declined or for that matter the amount stood as it was given and this aggrieved the petition...
Tag this Judgment!Wahidul Haque Wakf Estate Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-20-2003
S.N. Jha and P.M. Yadav, JJ. 1. This writ petition has been filed for quashing the order of the State Government communicated by letter No. 1742/Ra. dated 18-9-1990 of the Revenue & Land Reforms Department rejecting the claim of the petitioner for exemption under Section 29 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (in short 'the Act').2. The case of the petitioner is that it is a Wakf created for religious and charitable object comprising of several religious institutions situated at village Bhadaur, Barh, in the District of Patna. It is registered with the Bihar State Sunni Wakf Board as Wakf No. 273. It is managed by a motwalli entitled to 4 annas share from the wakf property. The present incumbent is Syed Reyaz Ahsan through whom the petitioner has been filed. The wakf was created by one Wahidul Haque by registered instrument dated 20-1-1931 for the maintenance and upkeep of two mosques one situated at village Bhadaur and the o...
Tag this Judgment!Shambhu Nath Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-17-2003
S.N. Jha and P.N. Yadav, JJ. 1. This writ petition on behalf of the sole petitioner has been filed for a direction upon the respondents to release him from custody forthwith. The petitioner has been convicted and sentenced to various terms of imprisonment in as many as seven cases. According to him, the entire period of custody from the date of first remand should be counted for the purpose of set-off under Section 428 of the Criminal Procedure Code, and so counted, it would appear that he has served sentence in different cases and therefore, his further custody is illegal and he should be released forthwith. According to the respondents where a person is convicted and sentenced to imprisonment in more than one case on different dates, the period of custody for the purpose of set-off can be reckoned upto the date of first conviction and thereafter, he has to be treated as convict entitled to remission under the different provisions of the Jail Manual. The State Government has taken a...
Tag this Judgment!Shiv Kumar Yadav and ors. Vs. the State of Bihar
Court: Patna
Decided on: Jan-15-2003
S.N. Pathak, J. 1. This appeal is directed against the judgment dated 5th May 1992, passed by the 4th Additional Sessions Judge, Rohtas at Sasaram, in ST. No. 266 of 1984. The appellants were convicted under Section 365 of the Indian Penal Code and were sentenced to undergo R.I. for your years each. 2. The prosecution case originated on the fardbeyan of Gumani Singh, recorded by Sri D.P. Sharma, S.I. of Dawath P.S. (Rohtas) on 7th May 1982, at 1.30 p.m., wherein it was alleged that the informant's son Bhikhari Singh had gone to his School at 7.00 a.m. At about 9.00 a.m. 5-7 persons, armed with gun and rifle swooped upon the School and lifted the informant's son from the Class and carried him away. When the School students raised alarm, the informants villagers, namely, Kawal Singh, Ayodhya Singh, Godhan Singh, Rameshwar Singh also chased the kidnappers raising alarm throughout. One of the kidnappers separated from the group of kidnappers and fled away. The rest five persons carried a...
Tag this Judgment!Yogendra Shah and anr. Vs. Sri Ramjee Prasad Mahto and anr.
Court: Patna
Decided on: Jan-14-2003
P.K. Deb, J. 1. It appears from the records that once this case came up before a Bench of this Court (Hon'ble Mr. Justice R.N. Sahay) under Order XLI, Rule 11 of the Code of Civil Procedure and a unique procedure was followed which notices were issued to the respondents and records of the Court below was also called by proposing substantial questions of law in the following manner vide order dated 20-1-2000 : (1) Whether the Court below failed to appreciate that the.defendants/appellants had no title and possession over the suit premises by virtue of Mahadanama dated 14-10-1982 and subsequently the vendor Sri Govind Chaudhary had executed a registered sale-deed dated 6-11-1985 in favour of the defendants? (2) Whether the Court below failed to appreciate that in absence of a specific case of title over the suit premises which was to be firstly established by the plaintiffs, the suit ought to have been rejected out rightly? (3) Whether the Court below has not failed to appreciate that ...
Tag this Judgment!Ghanshyam Mandal Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-10-2003
Aftab Alam, J. 1. This writ petition arises from a mutation proceeding and the lands in dispute are 2.7411 acres, appertaining to a number of plots under deferent Khatas (fully described in para 4 of the writ petition), situate in village Barajore, Tola Chamaridih (Dhobipur), PS, Jhajha in the district of Jamui. The petitioner seeks to challenge the order, dated 9-12-1999 passed by the Add!. Collector, Jamui in Mutation Revision Case No. 43 of 1997-98. By the impugned order, the revision filed by Respondent No. 6 was allowed the orders passed in favour of the petitioner by the Deputy Collector Land Reforms (the appellate authority) and the Circle Officer (the original authority) were set aside and the disputed lands were directed to be recorded in the name of Respondent No. 6.2. At first there appeared to be more than one reasons to allow the writ petition and to set aside the impugned order. First, the revision was filed before the Addl. Collector more than ten years after the order,...
Tag this Judgment!Uday Shankar Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-10-2003
1.This is a petition where an Adhyaksha of a Zila Parishad has been bundled out of his office on a motion of no confidence. The motion of no confidence was carried at a meeting held on 27-11-2001, The requisition to call this meeting is dated 8 November, 2001. As this requisition is the genesis of the issues which were debated on the writ petition and on the present Letters Patent Appeal, it would be best that this requisition dated 8 November, 2001, Annexure 2 to the Letters Patent Appeal be reproduced :lsok esa]Jh mn; 'kadj flagv/;{k] ftyk ifj"kn] Hkkstiqjfo"k;% v/;{k ftyk ifj"kn] Hkkstiqjvkids izfr fo'okl dh deh ds izLrko ij fopkj djus gsrq ftyk ifj"kn dhfo'ks"k oSBd cqykus dk izLrkoAge tyk ifj"kn lnL; Hkkstiqj ds fuEukafdrfuokZfpr lnL; lrn }kjk v/;{k ftyk ifj"kn] Hkkstiqj vkids izfr fo'okl dh dehiznf'kZr djrs gq, fcgkj iapk;r jkt vf/kfu;e] 1993 dh /kkjk 684 ds izo/kkuksads v/khu izLrko ykrs gSaa fd bl fopkj djus gsrq ftyk ifj"kn] Hkkstiqj dh...
Tag this Judgment!Branch Manager, Lic of India Vs. Savitri Devi
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Jan-10-2003
D.P.S. Choudhary, President: 1. The appeal has been heard ex parte as respondent did not appear inspite of the notice. The O.P. (LIC) has referred this appeal against the order dated 29.12.1995 passed by District Forum, West Champaran, Bettaih in Complaint Case No. 35/1995 directing the complainant to submit Form-E in the office of the appellant O.P. and thereafter appellant has been directed to pay a sum of Rs. 20,000/- as sum assured and the accrued bonus thereon to the complainant besides a sum of Rs. 1,000/- as cost. 2. The brief fact of the case is that complainant Most. Savitri Devi filed a complaint case before the District Forum alleging therein that policy holder Ram Chandra Prasad died on 18.3.1994. Thereafter she filed a claim of the policy but inspite of several requests she did not receive the payment. She is the authorised person to receive the payment of her husband. The O.P. (LIC) appeared and filed show cause alongwith relevant documents including personal statement re...
Tag this Judgment!Satyadeo Prasad Vs. Suresh Pasupati Ram and Three ors.
Court: Patna
Decided on: Jan-09-2003
S.N. Pathak, J.1. This appeal is directed against the judgment dated 29.4.1991, whereby respondents were acquitted.2. The appellant had filed a complaint petition in the Court below wherein it had been alleged that his sister Anjali Devi was married to Suresh Pasupati Ram, respondent No. 1 on 15.5.1985 and, thereafter, she went to her Sasural in the year 1986. She remained at her marital place for 3 months and in this period, respondents made demand of Rs. 10,000/- for purchase of sofa set, dining set, refrigerator. When the complainant's sister came to her paternal house, she told the family members about this demand. She also told that she was quite often used to be pressurised to fulfil the demands and also she was often abused and harassed. Thereafter, Pasupati Ram came to the house of complainant at Bakarganj, Patna and told him that unless the aforesaid demands were fulfilled he will not take away his sister, rather he will desert her. The complainant expressed his inability to ...
Tag this Judgment!Basdeo Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-09-2003
Narayan Roy, J. 1. Heard Counsel for the parties. 2. The grievance of the petitioner is that though he is working as peon under the respondents, his salary has been stopped with effect from July 1997 even in absence of a departmental proceeding or an order of suspension. 3. Learned Counsel appearing on behalf of the petitioner was appointed as a peon under the respondents on 10-2-1966 and while he was functioning on the post of peon, he was made an accused in Dehri (Indrapuri) Police Station Case No. 101 of 1998, which would be evident from Annexure 13 of the writ application. However, subsequently, he was released on bail by the learned Chief Judicial Magistrate, Rohtas at Sasaram. It is further submitted that the petitioner even was not put under suspension either on account of his remand to Jail custody or on criminal charge nor he was put under suspension in the departmental proceeding. It is also submitted that by order as contained in Annexure-10, the authorities decided to ini...
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