Patna Court August 2003 Judgments
Sri Ram Krishna Cold Storage and Ice Factory Pvt. Ltd. Vs. State Bank ...
Court: Patna
Decided on: Aug-22-2003
Aftab Alam, J. 1. The petitioner is a company incorporated under the Indian Companies Act, 1956 and it is represented before this Court through its Managing Director Arvind Kumar son of Ramadhin Kumar (deceased). The petitioner company seeks a direction to the State Bank of India (Respondent No. 1) and its officers (respondents 2 and 3) to disburse the loan amount of Rs. 96.50 lacs sanctioned earlier in its favour. The claim for release of the money is based on the principle of equitable estoppel and the case was mainly argued relying upon a decision of the Supreme Court in the Gujarat State Financial Corporation v. Lotus Hotels Pvt. Limited, AIR 1983 SC 848. The facts of the case were, therefore, tailored to fit into the ratio of the decision in Lotus Hotel.2. On behalf of the petitioner it is stated that it intended to set up a Cold Storage & Ice Factory at Village Birpur in district of Begusarai. With that object it made an application to the State Bank of India on 22-6-2000 for a...
Tag this Judgment!Jitendra Kumar @ Jitendra Dhiman Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-22-2003
1. The matrimonial case was filed by Jitendra Kumar alias Jitendra Dhiman against his wife. This was numbered as Matrimonial Case No. 83 of 1995 and is pending before the Principal Judge, Family Court, Patna. 2. On 13-5-2002, the Principal Judge, Family Court, Patna directed that Jitendra Dhiman will pay Rs. 2,000/- per month to the respondent Usha Devi by 10th of each succeeding month, i.e., to say till June, 2002. In addition Rs. 5,000/- was granted as interim litigation cost. None of these amounts was deposited. 3. Instead, the appellant filed a writ petition before the High Court being C.W. J.C. No. 11250 of 2002; Jitendra Kumar alias Jitendra Dhiman v. State of Bihar and Ors. While the writ petition remained pending since when it was filed on 3rd October, 2002, which inevitably would be the situation in the High Court which works under pressure with less capacity on the Benches the advantage was entirely of the petitioner. Ultimately, when the matter came up before the learned J...
Tag this Judgment!Shambhu Sharan Sharma Vs. the State of Bihar
Court: Patna
Decided on: Aug-21-2003
I.P. Singh, J.1. The sole appellant has been convicted under Section 7 of the E.C. Act and was sentenced to undergo S.I. for three months.2. The prosecution case in short is that on 1-12-1984 at about 8. A.M., the informant along with other officials of the Supply Department visited the shop of the accused and found the same was closed. On confidential enquiry, it could be gathered that on receiving information about the arrival of the Supply Department officials for inspection of the shop of the accused, he locked the shop and escaped. The notice board was incomplete and the same was hung outside of the shop. The appellant had also taken away with him the relevant papers of his business. It has been stated that on notice board only the rate of sale of sugar was mentioned. It was also written by the appellant that he was going to Mahua. The entries of articles were undated. A certified copy of the notice board was prepared in presence of the witnesses. Since, the shop of the appellant...
Tag this Judgment!Bihar State Gazetted Officers Federation and ors. Vs. State of Bihar a ...
Court: Patna
Decided on: Aug-21-2003
Ravi S. Dhavan, C.J. 1. This case is about state accommodation and Government estates not being accounted for by the administration. This case highlights that Government flats, houses and bungalows otherwise meant for allotment to those connected with the affairs of the State Government, the Civil Servants, Ministers, Hon'ble Members of the Legislative Assembly and Hon'ble Members of the Legislative Council are not available for allotment. This case highlights that Government accommodation has been occupied unauthorisedly by persons who have no allotment order. This case also highlights that such Government accommodation, perhaps, is being utilised by being put on hire and business by misuse of the privilege of a licence to occupy Government premises. These aspects, otherwise, have also been highlighted in the newspapers before the case was pending and during the pendency of the case.2. By and large, the assertions of the petitioner have not been denied in replies which have come on ...
Tag this Judgment!Smt. Chameli Devi and ors. Vs. Basamati Devi and ors.
Court: Patna
Decided on: Aug-21-2003
P.K. Deb, J. 1. This appeal has been preferred by the above named plaintiffs of Tittle Suit No. 17/1979 against the judgment and decree passed by the District Judge Munger, the appellate Court in Title Appeal No. 32/1987 whereby and whereunder the decree granted in favour of the plaintiff/appellant in the trial Court has been reserved and the suit has been dismissed. 2. The facts of the case pivots round in narrow compass. The suit property is 6 decimals of land appertaining to plot No. 1446 Khata No. 69 having boundaries thereon. The total area of plot No. 1446 is admittedly 63 decimals. One Mohar Dome son of Balo Dome was the original tenant. He died long back leaving behind his wife Mungiya and two sons Bhojal and Karu. Out of that 63 decimals of land Mungiya and Bhojal in the year 1950 had sold any 24 decimals to Sitaram who happens to be the grandfather of the contesting defendants. It is also an admitted fact that during the life time of Mohar, he had sold away to different st...
Tag this Judgment!Raj Kumar Raghawendra Prasad NaraIn Singh @ Radhvendra Prasad NaraIn S ...
Court: Patna
Decided on: Aug-21-2003
R.N. Prasad, J. 1. The Letters Patent Appeal has been filed against the judgment and order dated 03.12.2002 passed in C.W.J.C No. 8850/2001 whereby the writ petition filed for quashing the order dated 01.03.2001 passed in Request case No. 5/98 appointing Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (here-in-after referred to as the Act) by a nominee of Hon'ble Chief Justice has been dismissed.2. The facts of the case are that the appellants/respondent Nos. 2 and 3 the owners of the land and respondent No. 1. M/s. Ashiana Land Developments Projects Pvt. Ltd., through its Director, Sri Indrajeet Singh entered into an agreement on 30.12.1987, Annexure-B to the counter-affidavit filed in the writ petition. Clause 26 of the said agreement, Annexure-B, contains arbitration clause which says that in case of any dispute between the owners and the developers relating to this agreement or interpretation of these presents it shall be decided by arbitration in accord...
Tag this Judgment!Dr. Cosmos John Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-21-2003
S.N. Jha, J. 1. The petitioner seeks quashing of the orders dated 24-4-1997 and 21-10-1998 by which his request to regularise the periods 1-8-1984 to 31-12-1986 and 1 -8-1979 to 4-7-1988 as part of his service, fix his pay and give him service benefits including second time bound promotion, accordingly, has been rejected.2. Shorn of details, the petitioner was appointed as a Veterinary Assistant Surgeon in the Animal Husbandry Department of the State Government on 28-4-1959. During his tenure at Baghmara, district Dhanbad, as Veterinary Surgeon in 1979 he got a job offer as Veterinary Officer in the Republic of Zambia and applied for leave (wrongly described as deputation). The case of the petitioner is that his application was duly forwarded by the authorities and after 'no objection' etc. he was relieved by the District Animal Husbandry Officer, Dhanbad on 31 -7-1979 for going to Zambia. The petitioner joined the assignment as Veterinary Officer at Ndola Dairy Farm on 1-9-1979. The...
Tag this Judgment!Shri Raj Kumar Raghawendra Prasad NaraIn Singh @ Radhvendra Prasad Nar ...
Court: Patna
Decided on: Aug-21-2003
R.N. Prasad, J.1. The Letters Patent Appeal has been filed against the judgment and order dated 3-12-2002 passed in C.W.J.C. No. 8850/2001 whereby the writ petition filed for quashing the order dated 1-3-2001 passed in Request case No. 5/98 appointing Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (here-in-after referred to as the Act) by a nominee of Hon'ble Chief Justice, has been dismissed.2. The facts of the case are that the appellants, respondent Nos. 2 and 3 the owners of the land and respondent No. 1 M/s. Ashiana Land Development Project Pvt. Ltd., through its Director, Sri Indrajeet Singh entered into an agreement on 30-12-1987, Annexure-B to the counter-affidavit filed in the writ petition. Clause 26 of the said agreement, Annexure-B, contains arbitration clause which says that in case of any dispute between the owners and the developers relating to this agreement or interpretation of these presents it shall be decided by arbitration in accordance...
Tag this Judgment!Shambhu Thakur Vs. State and ors.
Court: Patna
Decided on: Aug-19-2003
R.S. Garg, J.1. Heard learned counsel for the parties.2. The petitioner is aggrieved by rejection of his candidature of the post of Choukidar. According to the petitioner, his name had been recommended by the officer incharge of the police station of the particular area for his appointment, but the same has been turned down on the ground that he is the nephew of the erstwhile Choukidar.3. Placing reliance upon the Rule 35 of Bihar Choukidari Manual, it is contended that immediately on occurrence of the vacancy oh the post of Choukidar the local police station has to report the matter to the District Magistrate or the Sub-Divisional Officer. The concerned Panchayat would also report the matter to the District Magistrate or the Sub-Divisional Officer. They would also recommend the name of a particular person along with the details as prescribed under Rule 35 of the said Manual.4. Undisputedly, the Bihar Choukidari Manual was promulgated somewhere 100 years back.5. It appears that certai...
Tag this Judgment!Patel Seva Sadan and ors. Vs. Addl. Member, Board of Revenue and ors.
Court: Patna
Decided on: Aug-19-2003
S.N. Jha, J.1. This writ petition arises from a proceeding under Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961 (in short, the Act). The petitioners are purchasers of the disputed land. By the impugned order the respondents' claim of pre-emption has been allowed and the petitioners have been directed to re-convey the disputed land to them. The facts giving rise to the case are as follows.2. On 24-11-79, 0.44 Acre land out of 4.30 Acres of Plot No. 2456 Khata No. 332 at Rajgir in the district of Nalanda was sold by respondent Nos. 7 to 16 to petitioner No. 1 for a sum of Rs. 28,000/-. The sale was registered on 10-12-79. On 8-3-80 respondent Nos. 5 and 6 filed an application under Section 16(3) of the Act before the Deputy Collector, Incharge Land Reforms (DCLR), Biharsharif for re-conveyance of the transferred land in their favour. The application was registered as L.C. Case No. 1 of 1980-81. On 15-4-80 possession of the la...
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