Patna Court January 2006 Judgments
Sardar Jai Singh Chawla Vs. Ramsakhi Devi and ors.
Court: Patna
Decided on: Jan-30-2006
Navin Sinha, J.1. These two appeals arise out of a common judgment and order dated 10th September, 1996 passed by a Single Judge in Misc. Appeal Nos. 155 of 1995, 159 of 1995, 250 of 1995 and 265 of 1995. The former two appeals have been dismissed while the latter two appeals have been only partly allowed.2. Claim Case Nos. 23 of 1988 and 26 of 1988 disposed on 16th May, 1995 by the 4th Additional Claims Tribunal, Vaishali at Hajipurgave rise to the aforesaid Misc. Appeal M.A. Nos. 155 and 159 of 1995 were filed by the owners of the vehicles in question. M.A. Nos. 250 of 1995 and 265 of 1995 were filed on behalf of the claimants seeking additional compensation.3. The claim case Nos. 23 and 26 of 1998 arose out of an accident on 8th May, 1988 leading to the demise of two Advocates, Dwarika Prasad and Kamlesh Prasad assessed to be approximately 58 years and 30 years of age respectively. They were crushed to death by a bus bearing registration No. B.P.P. 8182 on northern side of the Gang...
Tag this Judgment!Babi Sinha Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-30-2006
Rekha Kumari, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 10.12.2004 passed by the 3rd Additional Sessions Judge, Saharsa in Criminal Revision No. 163 of 2004 whereby he has upheld the order dated 22.4.2004 passed by the learned Chief Judicial Magistrate, Saharsa in Complaint Case No. 307-C of 2004.2. Heard.3. It appears that opposite party No. 2 Gholti Devi filed a petition of complaint against co-accused Vijay Kumar Sinha and the petitioner alleging, inter alia, that he was married to accused Vijay Kumar Sinha on 13.1.1991 and thereafter began to live with him. She gave birth to one daughter and a son showing their age as five years and two years respectively at the time of filing of complaint. On 25.10.2003 Vijay Kumar Sinha brought petitioner Babi Sinha in his house and told the complainant-opposite party No. 2 that she was his wife and would remain in the house. Thereafter the co-accused and the petitioner sta...
Tag this Judgment!Phoolmati Devi and anr. Vs. Bibha Sinha and anr.
Court: Patna
Decided on: Jan-30-2006
J.N. Bhatt, C.J.1. The only question, which arises for consideration in this appeal under Section 173 of the Motor Vehicles Act, 1988 (M.V. Act), is against the award recorded by the Motor Vehicle Accident Claims Tribunal-cum-lst Additional District Judge, Muzaffarpur (in short 'the Tribunal') in claims case No. 2 of 1996 passed on 30th June, 1999, whereby an amount of Rs. 1,16,832 came to be awarded to the unfortunate parents on account of death of their unmarried son in a vehicular accident which occurred on 3rd September, 1995, while the deceased was travelling in 'Tata 407 Maxi' bearing registration No. BR-06P-3051 from Raksa Thana Karja of Muzaffarpur in the State of Bihar.2. Following aspects are uncontroverted and have emerged from the records-(i) the deceased, Arun Kumar Yadav, was around 20 years of age and the parents are the claimants;(ii) there was a fatal accident which resulted into the instantaneous death of deceased Arun Kumar, son of the appellant-original claimants;(...
Tag this Judgment!Ancient Bihar Cold Storage and anr. Vs. Managing Director, Bihar State ...
Court: Patna
Decided on: Jan-30-2006
J.N. Bhatt, C.J.1. It is really very surprising that in this appeal the original plaintiffs have assailed, rather, an unusual order of the trial Court dated 20-9-2003, passed in Title Suit No. 190 of 2002 by Sub-Judge, 1st Biharsharif, Nalanda, in an application seeking interlocutory relief under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure (CPC).2. The appellants original plaintiffs initiated the legal battle against the respondent Bihar State Financial Corporation (for short 'the Corporation') against the demand for outstanding dues over the loan transaction. In course of pendency of the suit, the appellants applied for an interlocutory relief of injunction. The trial Court, upon consideration of the facts and circumstances, directed that the respondent-defendant Corporation, shall not auction the mortgaged properties of the appellants for a period of six months.3. During the course of hearing, learned Counsel have stated at the Bar that even after the passing of the im...
Tag this Judgment!Gouri Shankar Pandey Vs. Rupak Limited
Court: Patna
Decided on: Jan-28-2006
Syed Md. Mahfooz Alam, J.1. This second appeal has been preferred against the judgment and decree dated 18th January, 1982, passed in Money Appeal No. 13 of 1978 by Sri. R. P. Srivastava, 1st Additional District Judge, Patna, whereby he has been pleased to reverse the findings of the Additional Sub-Judge 1st. Patna, given in Money Suit No. 164 of 1965/1 of 1978 decreeing the suit of the plaintiff-appellant.2. Briefly stated the case of the plaintiff is that the plaintiff Gauri Shankar Pandey was the Manager and agent of M/s. Rupak Limited, a Public Limited Company having its office at Rupak Cinema Building, Bakerganj, Patna. According to the plaintiff, he worked as Manager of the Company till 25-4-59 though the defendant wrongly showed his presence and employment as such till 8-2-59 and his salary was Rs. 200/- per month. According to the defendant, the plaintiff worked as Manager of the Company till 8th February, 1959 and his salary was Rs. 150/- per month. The plaintiff has further ...
Tag this Judgment!Bihar Rajya Arya Partinidhi Sabha and anr. Vs. the State of Bihar and ...
Court: Patna
Decided on: Jan-27-2006
Narayan Ray, J.1. Heard learned counsel for the petitioners, learned counsel for respondent No. 7, learned counsel for the Bihar Public Service Commission and JC to G I.2. Initially, this writ application was filed against the order passed by the Vidyalaya Seva Board (hereinafter refereed to as 'Board'). Whereby and whereunder the Board had refused to grant approval to the recommendation of the District Education Officer dated 30.09.1992 regarding dismissal of respondent No. 6, Ajay Kumar and to accord approval regarding promotion of respondent No. 7, Suresh Sharma, to the post of Principal.3. It is submitted by learned counsel for the petitioners that during the pendency of this application, respondent No. 6, Ajay Kumar, superannuated with effect from 31.01.2005 and respondent No. 7, Suresh Sharma, is continuing on the post of Principal of the school. It is furhere submitted that now the Board has been superseded by virtue of the Bihar Non-Government School (Management and Control) ...
Tag this Judgment!Ajeya Varma (Dr.) and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-27-2006
Indu Prabha Singh, J.1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code). It is directed against the order dated 26.9.2005 passed by the Chief Judicial Magistrate, Patna by which he had taken cognizance of the offences under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, against the present petitioners.2. The petitioners have contended that the Chief Judicial Magistrate, Patna has taken cognizance in a mechanical way without considering the attending facts and circumstances of this case. The criminal case between the petitioners and the informant has ended in a compromise which was recorded by this Court in Criminal Misc. Nos. 721 of 2004 and 748 of 2004, both heard together and disposed of by a common order dated 10.9.2004 (Annexure 1). The compromise of the criminal case was recorded by the learned Principal Judge, Family Court, Patna in his judgment dated 11.10.2004 in Matrimonial Case No. 223...
Tag this Judgment!Dr. Ajeya Verma and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-27-2006
I.P. Singh, J.1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 (in short the 'Code'). It is directed against the order dated 28-9-2005 passed by the Chief Judicial Magistrate, Patna by which he had taken cognizance of the offences under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act against the present petitioners.2. The petitioners have contended that the Chief Judicial Magistrate, Patna has taken cognizance in a mechanical way without considering the attending facts and circumstances of this case. The criminal case between the petitioners and the informant has ended in a compromise which was recorded by this Court in Cri. Misc. Nos. 721 of 2004 and 746 of 2004, both heard together and disposed of by a common order dated 10-9-2004 (Annexure-1). The compromise of the criminal case was recorded by the learned Principal Judge, Family Court, Patna in his judgment dated 11-10-2004 in Matrimonial Case No. 223 of 2003 (...
Tag this Judgment!Rajesh Sah Vs. State of Bihar
Court: Patna
Decided on: Jan-25-2006
Manohar Lal Visa, J.1. Being aggrieved by the judgment dated 23-12-2002 and order dated 24-12-2002 passed by Sessions Judge, East Champaran at Motihari in Sessions Trial No. 175 of 2000 convicting and sentencing the appellant Rajesh Sah to undergo rigorous imprisonment for a period of ten years under Section 366A of Indian Penal Code (In short 'I P C') and rigorous imprisonment for a period of ten years under Section 376 of IPC but ordering the sentence to run concurrently, the appellant has preferred this appeal.2. The case of prosecution, as disclosed in the written statement (Exhibit-3) of informant Shivnath Sah (PW 7), in short, is that on 29-7-1999 at about 7 p.m. informant along with his wife Uma Devi (PW 6) and minor daughter Asha Kumari aged about twelve years had gone to the house of his neighbour Nanhu Sah to attend a function. He became busy in the work and in the meantime, appellant enticed away his minor daughter Asha Kumari. Informant started searching for his daughter ...
Tag this Judgment!Branch Manager, Oriental Insurance Co. Ltd. and anr. Vs. Asha Devi and ...
Court: Patna
Decided on: Jan-25-2006
J.N. Bhatt, C.J.1. After having head the learned Counsel for the parties and considering the factual profile, as well as, the legal aspect, this Court is of the opinion that there is no substance in the present appeal. The provisions of Section 140 of the Motor Vehicles Act, 1988 (M.V. Act) came to be invoked by the parents of the deceased victim of an unfortunate accident by claiming an amount of Rs. 50.000/- on 'no fault liability' basis as there was death of the bread winner in the accident which occurred on 10.2.2001 at about 6.30 p.m.2. The deceased was employed as Khalasi or cleaner by the owner of the vehicle known as Tata Sumo bearing registration No. JH 11A-0115, having Engine No. KRQ-762509 Chaiss No KRQ-923646 at the relevant time. On the fateful day, the vehicle started its voyage from China Kori Siyamatpur, District Bardman for Dhusamuri Bishanpur, District Khagaria. Unfortunately, the vehicle got overturned and fell into a ditch near Bakhari Bus Stand in which the deceas...
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