Patna Court November 2003 Judgments
Auto and Hardware Stores and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-07-2003
P.K. Sinha, J.1. Learned Counsel for the appellant was heard under Order XLI, Rule 11 of the Code of Civil Procedure on 11-3-1998. In the judgment of partial reversal of the decree of the learned trial Court, the first appellate Court while holding that the appeal was hopelessly time barred, went on to examine the correctness or otherwise of the decree of the learned Munsif and recorded a judgment, followed by a decree. Following substantial question of law was framed.'Whether the decree of the Addl. District Judge is legal on the face on the face of the finding that the appeal preferred by the respondents was hopelessly time barred.'2. While formulating the aforesaid substantial question of law this Court also ordered, by the same order, for issuance of notices to the respondents to show-cause as to why this appeal be not admitted or disposed of at the admission stage itself. This is how this appeal has came up for final disposal.3. Since the substantial question of law has been form...
Tag this Judgment!Ram Sagun Mahto and anr. Vs. State of Bihar
Court: Patna
Decided on: Nov-06-2003
B.N.P. Singh, J.1. Facts which are not in dispute is commission of dacoity in the intervening nights of 26/27 November, 1997, in the house of Parmeshwar Mahto, and killing of two house inmates in the said transaction. Salient features of the prosecution case can, however, be noticed.2. Prosecution was launched on behest of Parmeshwar Mahto with accusation that on the said night, unidentified miscreants, who were 20/25 in numbers holding firearms and iethal weapons having gained their access in inner apartment in his house assaulted house inmates, shot deed Bishundeo Mahto and Naresh Mahto, relieved female members of their ornaments and decamped with the booty which include ornaments, cash, wearing apparels, etc. As usual, investigation followed, in course of which Investigating Officer visited place of occurrence, recorded statement of witnesses, noticed dead bodies of Naresh Mahto and Bishundeo Mahto with copious blood at the place of occurrence, prepared inquest report over their d...
Tag this Judgment!Larsen and Toubro Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-05-2003
1. This order shall finally dispose of C.W.J.C. No. 2740 of 2003 ( Larsen & Toubro Ltd. v. State of Bihar) and C.W.J.C. No. 3327 of 2002 (M/s. Larsen & Toubro Ltd. v. State of Bihar).2. The petitioner, M/s. Larsen & Toubro Ltd., is registered as a dealer in commercial tax at Begusarai Circle as a works contractor. The petitioner secured a turn-key contract of divisible nature from M/s. Indian Oil Corporation Limited, New Delhi ('IOCL', for short) vide letter of acceptance dated April 28, 2000 followed by detailed contract agreement. The said contract agreement provides a separate Schedule for supply of goods with separate consideration for the same as well as another schedule relating to erection/installation including civil portion of work to be executed, as appended to the contract. After securing the contract the petitioners secured an exclusive registration on the file of the Deputy Commissioner of Commercial Taxes, Barauni, respondent No. 3. It is submitted by the petitioners th...
Tag this Judgment!Chandrama Singh and Etc. Vs. Bihar State Financial Corporation and ors ...
Court: Patna
Decided on: Nov-05-2003
P.S. Garg, J. 1. This order shall finally dispose of LPA No. 1315 of 2001 (Shri Chandrama Singh v. Bihar State Financial Corpn. and Ors.), LPA No. 1446 of 2001 (The Bihar State Financial Corporation v. M/s. Ramji Rice Mill and Ors.). C.W.J.C. No. 11071 of 1998 (Shri Chandrama Singh v. Bihar State Financial Corpn. and Ors.), C.W.J.C. No. 9300 of 1998. (Shri Bipin Bihari Singh v. Bihar State Financial Corpn. and Ors.).2. For proper appreciation of the facts it is necessary to refer to the chequered history of the matter. One M/s. Shri Ramji Rice Mills at Chhitani, Police Station-Dawat, District Rohtas applied for loan to the Bihar State Financial Corporation. In July, 1981 the said M/s. Shri Ramji applied for a term loan of Rs. 8.70 lacs and the same was sanctioned on 1-4-1982. out of the sanctioned amount, Rs. 5.18 lacs was disbursed upto 14-12-1984. The said M/s. Shri Ramji had mortgaged 1.99 acres of freehold land as security against the said term loan. According to M/s. Shri Ramji, ...
Tag this Judgment!Devi Prasad Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-04-2003
R.S. Dhavan, C.J. and S.K. Singh, J.1. This appeal has been preferred against the order dated 30-4-1997 in C.W.J.C. No. 4981 of 1996, Devi Prasad Singh v. State of Bihar and Ors.2. The contention of the learned Counsel for the appellant is to the effect that the observation of the Court that the appellant's appointment was made against a non-sanctioned post and in an irregular manner and further that the appellant claims to work against a post, which was non-sanctioned is an error apparent on the face of the record.3. Learned Counsel for the appellant submits that the matter relating to non-sanctioned post is an aspect of staffing pattern. The reliance of the learned Judge on the order of the Secretary dated 18th September, 1995 was itself an error.4. Learned Counsel for the appellant explaining his argument has placed reliance upon a decision of this Court in Braj Kishore Singh v. State of Bihar and Ors., 1997 (1) PLJR 509 (FB), wherein it has been held that a literal interpretation ...
Tag this Judgment!Subodh Kumar and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Nov-04-2003
Ashok Kumar Verma, J. 1. Heard both sides.2. The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for quashing the criminal proceeding of Case No. 489 of 1997, including the order dated 22-12-1997 passed by the Judicial Magistrate, Khagaria, whereby the learned Judicial Magistrate has found prima facie case under Sections 466, 469 and 471 of the I.P.C. against the accused persons.3. It was argued by the learned lawyer of the petitioners that the private complainant has filed the complaint petition in respect of alleged forgery committed in the Court of Sub-Divisional Magistrate, Khagaria in a proceeding under Section 107 of Cr. P.C. and it has been alleged that on the basis of the forged service report of notice the Sub-Divisional Magistrate had ordered to issue warrant against the complainant and his sons. It was also submitted by him that it has been alleged that the accused persons had got the service of the notice done by committing forgery...
Tag this Judgment!Manoj Kumar Sharma Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-04-2003
Chandramauli Kr. Prasad, J. 1. Petitioner is the owner of a truck bearing registration No. BR-06C-9592. Said truck was seized on 1-2-2001 by the Forester, Bihta while it was transporting illegal Sisam fuel wood and the driver of the truck failed to produce any document authorising transportation of such fuel.2. A confiscation proceeding under Section 52 of the Indian forest Act as amended by Bihar Act 9 of 1990 (hereinafter referred to as the Act) was initiated by the Divisional Forest Officer-cum-authorised officer. Petitioner appeared before the authorised officer and pleaded that he was not aware of the requirement of obtaining transport permit for transporting the forest produce and accordingly prayed for compounding the offence. The authorised officer by order dated 24-4-2001 (Annexure-4), however, directed for confiscation of the fuel wood as also the truck. Aggrieved by the same, petitioner preferred appeal and the appellate authority i.e. the Collector by order dated 22-3-200...
Tag this Judgment!Manibhushan Kumar Rao and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-03-2003
S.N. Jha and B.N.P. Singh, JJ. 1. There are three petitioners in this case. The seek, in effect and substance, a direction upon the respondents to appoint them as Constables in the Bihar Police Force. They had approached this Court seeking similar direction earlier in CWJC No. 10123/92. In the light of direction in that case the claim of the petitioners was considered and rejected on 7-2-1997. They naturally also seek quashing of the said order:2. The petitioners are trained Home Guards. Their case is that names were called for from different units for participating in the 1986 Republic Day Parade. The petitioners and others were nominated from their respective units and accordingly, they participated in the parade on 26th January, 1986. In view of their performance they along with others were deputed to the Special Battalion of the Bihar Home Guards at Bhita were they are since working. They took part in different operations such as 'Black Panther' and discharged their duties satis...
Tag this Judgment!Bihar State Electricity Board and ors. Vs. Ajay Kumar and anr.
Court: Patna
Decided on: Nov-03-2003
Nagendra Rai and R.S. Garg, JJ.1. This appeal has been filed against the order dated 30-8-1996 passed by the learned single Judge in C.W.J.C. No. 8816 of 1996 by which he has quashed two orders contained in Memo Nos. 2097 and 2098 dated 24-8-1995, annexed as Annexures 12 and 13 to the writ application, whereby direction has been issued for revision of pension as well as for recovery of excess salary that was paid to the writ petitioner respondent earlier on account of annual increments.2. The writ petitioner-respondent was in the Government service and on 15-6-1963 he was appointed as Accounts Assistant in the Electricity Board. He was given annual increments and promotion and he superannuated on 31-1-1994. Before his retirement papers were sent by the concerned office to the headquarter of the appellant Board for grant of sanction of his retiral benefits by letter dated 21-1-1994. At that time verification was made as to whether the writ petitioner passed Hindi Noting and Drafting Ex...
Tag this Judgment!Oriental Insurance Company Ltd. Vs. Komeshwar Shah and ors.
Court: Patna
Decided on: Nov-03-2003
Nagendra Rai, J.1. All the four appeals have been filed by the Oriental Insurance Company and its officers challenging the judgment and award passed by the Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal) allowing the claims under the Motor Vehicles Act (hereinafter referred to as the Act) with regard to motor vehicles accident. In all the appeals the challenge is to the quantum of compensation allowed by the Tribunals.2. Misc. Appeal No. 286 of 1999 has been directed against the judgment dated 28th November, 1998 passed by the Tribunal Rohatas at Sasaram in Claim Case No. 122 of 1996 allowing the compensation of Rs. 1,54,000/- with interest at the rate of 12% from the date of filing the application till the realisation jointly by the owner and the appellant Insurance Company. The said claim case was filed by the father with regard to death of his son Dhanjay in a motor vehicle accident by motor vehicle No. BRC 6685 (Bus) on 16th October, 1995. It is asserted ...
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