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Patna Court September 2003 Judgments

Sep 01 2003

Sheo Shankar Construction Company (P) Limited Vs. the State of Bihar a ...

Court: Patna

Decided on: Sep-01-2003

Aftab Alam, J.1. The petitioner, a company incorporated under the Companies Act has come to this Court through its Director, challenging the action of the respondent authorities in taking steps for recovery of Rs. 10 lakhs from the payments made to the petitioner over twelve years ago for execution of a project under a Government contract.2. A counter affidavit has come form the respondents and, therefore, the relevant facts of the case can be taken note of as viewed by the respondents themselves.3. In para 4 of the counter affidavit, it is stated that after inviting tenders the work order was issued to the petitioner for removal of over burden in Durgawati Spillway between chain No. 0.00 to 5.78 up-stream and spillway access and chain No 0.00 to 2.57 down-stream of spill way access, The petitioner had entered into agreement No. 26 F-2 of 1987-88 under which 2/3rd of the work was allotted to the petitioner and the remaining 1/3rd was given to the Bihar State Construction Corporation. ...

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Sep 01 2003

Bhimsen Gupta Vs. Bishwanath Prasad Gupta

Court: Patna

Decided on: Sep-01-2003

S.K. Katriar, J. 1. The defendant is the appellant against a judgment of reversal. This appeal is directed against the judgment and decree dated 16-8-2000, passed by the learned 7th Additional District Judge, Munger, in Munsif Eviction Appeal No. 3/2000/2/2000 (Bishwanath Prasad Gupta v. Bhimsen Gupta), whereby he has dcreed the suit for ejectment after setting aside the judgment and decree dated 29-3-2000, passed by the learned Munsif 2nd Court, Munger, in Eviction Suit No. 19/94 (Bishwanath Prasad Gupta v. Bhimsen Gupta). The suit for ejectment and consequential relief was dismissed by the trial Court and has been decreed by the learned Court of appeal below. We shall go by the description of the parties occurring in the plaint.2. The plaintiff instituted the suit for ejectment of the defendant and recovery of possession on the grounds of default in payment of rent as well as personal necessity with respect to the plaintiffs khatal bearing holding No. 210(old), No. 332(new), situat...

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Sep 01 2003

Kedar Nath Singh Vs. State of Bihar and ors.

Court: Patna

Decided on: Sep-01-2003

Aftab Alam, J. 1. The dispute in this case relates to the grant of transportation and handling contract by the Bihar State Food and Civil Supplies Corporation Limited (hereinafter referred to as 'the Corporation') for the year 2003-2004 for the district of Chapra. 2. On 12-1-2003 the Corporation issued a notice inviting tenders for appointment of Transporting and Handling Agents in a number of districts in the States of Bihar and Jharkhand. In response to the notice five tenders were submitted in the district of Chapra. The petitioner and respondent No. 6 were among the five tenderers. As per rules the tenders were first examined by the District Transport Committee, headed by the District Magistrate. The District Transport Committee found that three tenders did not satisfy the terms and conditions of the tender notice and consequently those tenders were rejected. In its meeting held on 6-5-1983 the District Transport Committee decided to forward the tenders submitted by the petition...

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Sep 01 2003

Nur Hassan Ansari and ors. Vs. State of Bihar

Court: Patna

Decided on: Sep-01-2003

Braj Nandan Prasad Singh, J. 1. The instances of onslaught on females in their matrimonial houses are not very uncommon and large number of dowry deaths do come to notice of Courts notwithstanding there being at tempt to restrict them from social cores. The happiness of Hajara Khatoon, the deceased, wedded to Abul Hassan Ansari too was quite short lived, as allegedly after her marriage she had to face hostile atmosphere in her in-laws' house and was even tortured and maltreated by in-laws for failure of her parents to make provisions of sufficient dowry to them, and as the prosecution alleges the in-laws, who are appellants, having killed, dropped her in the well, pursuant thereto having taken out the dead body, buried it, and first information report with more or less these accusations was drawn up on behest of father of the deceased, pursuant to which the investigation commenced. During investigation, the police officer entrusted to onerous task of investigation, collected evidences...

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