Patna Court August 2005 Judgments
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NaraIn Sah Vs. Oriental Fire and Genl. Ins. Co. Ltd. and anr.
Court: Patna
Decided on: Aug-03-2005
Shiva Kirti Singh, J.1. Heard the parties.2. The appellant was the claimant in Claim Case No. 4 of 1995 under provisions of the Motor Vehicles Act. His claim has been rejected by the judgment and decree under appeal dated 23.11.2000 passed by First Additional District Judge, East Champaran.3. On behalf of the appellant it has been submitted that the learned Tribunal below lost sight of the legal position that he was discharging duty of the Claims Tribunal under Motor Vehicles Act and not as Additional District Judge while disposing of the petition. It was shown that finding on issue Nos. I, II and IV have been given only on basis of technical rules of pleading and evidence which are not strictly applicable in a proceeding before the Claims Tribunal in view of clear provision in Section 169 of the Motor Vehicles Act. A judgment of this Court in National Insurance Co. Ltd. v. Mahendra Prasad 1997 (1) PLJR 907, was cited in support of the aforesaid proposition.4. The proposition of law i...
Bengali Choudhary and ors. Vs. State of Bihar
Court: Patna
Decided on: Aug-03-2005
Rekha Kumari, J.1. All the seven appellants stand convicted under Sections 302 and 201/34 of the Indian Penal Code for committing murder of Basanti Devi, daughter of the informant and causing disappearance of the evidence of the said murder and each has been sentenced to undergo imprisonment for life thereunder. Appellants Munki Devi and Umesh Choudhary are wife and son respectively of appellant Bengali Choudhary and rest of the four appellants are their co-villagers. Deceased Basanti Devi was the wife of appellant Umesh Chaudhary.2. The prosecution version which led to the trial of the appellants is that Basant Devi, daughter of the informant Jethu Choudhary, village Pathri, P.S. Atri in the district of Gaya was married to appellant Umesh Choudhary in village Khukhari, P.S. Atri, District Gaya about eight years before occurrence when she was a chi1d. About two years prior to the occurrence the Duragaman was performed when she went to her matrimonial house. She stayed at her matrimoni...
Chandrawati Devi and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-03-2005
Radha Mohan Prasad, J. 1. Heard learned counsel for the petitioners and the learned counsel for the State.2. In this writ petition, the petitioners have sought for direction to quash the minutes of the Departmental Promotion Committee dated 23.12.2000 to the extent it adversely affected that original petitioner and to command the respondents to promote him in Bihar Education Service Class I (Senior Selection Grade) with effect from the date he was entitled according to his date of appointment or at least from the date the juniors to the original petitioner have been promoted.3. The original petitioner has neither challenged the validity of the orders of promotion, contained in Annxures-4 and 5, whereby, according to him. His juniors have been promoted nor has made the said juniors party to the writ petition. Besides this, it appears that the original petitioner earlier filed writ petition, bearing CWJC No. 3315 of 1998, seeking similar direction and the High Court, vide order dated 17...
Bihar State Sunni Wakf Board, Through Its Secretary Vs. Sheikh Mohamma ...
Court: Patna
Decided on: Aug-02-2005
S.N. Hussain, J.1. Heard learned counsel for the parties.2. Petitioner Bihar State Sunni Wakf Board is the intervenor of Title Eviction Suit No. 19 of 2003 which was filed by O.P. No. 1 for eviction of O.P. No. 2 under the provisions of Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the Act for the sake of brevity).3. The petitioner is aggrieved by order dated 24.2.2005 passed in the aforesaid suit by which the learned Additional Second Munsif, Patna, rejected its petition dated 1.9.2004 under Order 1 Rule 10(2) and Section 151, CPC for impleading the petitioner as intervenor-defendant No. 2 in the said suit.4. Learned counsel for the parties submit that the aforesaid intervention petition was only contested by the plaintiff and the defendant had no concern with it. In the said circumstances, there is no necessity of sending any notice to opposite party No. 2 whereas the plaintiff-opposite party No. 1 has already appeared in this revision and i...
Chitra Developers and Marketing Pvt. Ltd., Through Its Chief Executive ...
Court: Patna
Decided on: Aug-02-2005
Barin Ghosh, J.1. The petitioner started developing a multi-storeyed complex. Undisputedly he proposed to construct 16 dwelling units in the said multi-storeyed complex. For the purpose of carrying development work, he applied for and obtained supply of 2 KW. Subsequently the same was enhanced to 5 KW. He has almost completed the project. He has given possession of the dwelling units to 8 occupants. They have applied for supply of electricity but supply of electricity has not been provided to them, inasmuch as the petitioner has not yet been able to obtain occupancy certificate from the appropriate authority. The occupancy certificate has two objects one to certify that the construction as was proposed has been completed and the other that the construction as was sanctioned has been constructed in accordance therewith. If the occupancy certificate had been obtained by the petitioner, that would have deemed that the commercial project of the petitioner has been completed.2. In such vi...
Rajesh Kumar Singh and anr. Vs. State of Bihar
Court: Patna
Decided on: Aug-02-2005
Manohar Lal Visa, J.1. As all these three appeals are directed against the judgment and order dated 28-2-1987 passed by Additional Sessions Judge II Gaya in Sessions Trial No. 393 of 1994/24 of 1994 convicting and septencing appellants Rajesh Kumar Singh and Madan Singh, both appellants of criminal No, 93 of 1997 and appellant Lallu Singh, appellant of criminal appeal No. 126 of 1997 and appellant Sanjay Kumar Singh, appellant of criminal appeal No. 165 of 1997 to undergo rigorous imprisonment for ten years for the offence committed under Section 364 of Indian Penal Code (In short 'IPC'), rigor-cue- imprisonment for five years for the offence committed under Section 387 of IPC, rigorous imprisonment for life for the offence committed under Section 120B of IPC, rigorous imprisonment for five years for the offence committed under Section 365 of IPC, rigorous imprisonment for life for the offence committed under Sections 302/34 of IPC and rigorous imprisonment for five years for the offe...
Bhagirath Prasad and anr. Vs. Hari Narayan Paswan and ors.
Court: Patna
Decided on: Aug-01-2005
J.N. Bhatt, C.J. and Nagendra Rai, J.1. This writ application has been filed by the officers of the Bharat Sanchar Nigam Limited (hereinafter referred to as 'BSNL') for quashing the order dated November 10, 2004 passed in CCPA No. 129 of 2002 whereby, the Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the Tribunal) while dismissing the aforesaid application has directed the Department of Telecommunication through its Secretary to refer the matter as prayed for in the said case to the BSNL within a period of three months from the date of receipt of the order for necessary compliance of the order passed by the Tribunal in O.A. No. 316 of 2000.2. The factual matrix show that the respondents No. 2 to 4 filed O.A. No. 316 of 2000 for their regularisation in which BSNL was not a party and some directions were issued for regularisation and when the order was not carried out, they filed the aforesaid CCPA No. 129 of 2002 for proceeding for non-compliance of th...
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