Patna Court September 2008 Judgments
BipIn Bihari Sinha Son of Late Braj Kishore Prasad Sinha Vs. Harish Ja ...
Court: Patna
Decided on: Sep-30-2008
S.N. Hussain, J.1. Heard learned Counsel for the appellant.2. This is second appeal has been filed by the sole defendant-appellant-appellant against order of his eviction vide judgment and decree of both the learned courts below.3. The matter arises out of Eviction Suit No. 49 of 1989 which was filed by sole plaintiff-respondent-respondent for eviction of defendant on the grounds of personal necessity of the plaintiff as well as default in payment of rent and breach of terms of tenancy by the defendant with respect to the suit premises, which is a house with Sahan.4. The aforesaid suit was decreed only on the grounds of default in payment of rent as well as breach of terms of tenancy whereas the plaintiff’s plea of personal necessity was rejected by the learned Execution Munsif, Muzaffarpur vide judgment and decree dated 06.11.2004. Against the aforesaid judgment and decree of the learned trial court the defendant filed Eviction Appeal No. 4 of 2004 which was dismissed by the le...
Tag this Judgment!Branch Manager, National Insurance Co. Ltd. Vs. Meena Devi and ors.
Court: Patna
Decided on: Sep-30-2008
Subash Chandra Jha, J.This appeal has been preferred against the judgment dated 6.3.2002 and award signed on 10.10.2002 passed by the Third Additional District Judge-cum-Motor Accident Claims Tribunal, Bhagalpur, in Claim Case No. 57 of 1994, directing the appellant to pay a sum of Rs. 3,00,000/- (Three lac) with 9% interest thereon.1. Heard learned Counsel of both the sides.2. An application for claim under Section 166 of the Motor Vehicles Act, 1988, was filed by the claimants Meena Devi and her children in respect of death of Girdhar Prasad Sah, a Tractor Mechanic who was aged about 25 years on 6.9.1993 at 1 P.M. on 31, National High Way near Murli Madrani in the district of Bhagalpur. The deceased was said to have been driving the Tractor bearing Registration No. BHJ. 523 which turned turtle and fell down and he came under the tractor and died on the spot. Gopalpur P.S. Case No. 155/1993 was registered and investigation was made by the I.O. of the case. Post Mortem examination was...
Tag this Judgment!United India Insurance Company Vs. Raj Ballabh Rai and ors.
Court: Patna
Decided on: Sep-30-2008
Subash Chandra Jha, J.1. The order under challenge is dated 21.7.2005 and award signed on 4.8.2005 passed in Claim Case No. 125/2001 by 6th Additional District Judge-cum-Presiding officer of Motor Accident Claims Tribunal, Patna, whereby and whereunder the claim petition filed by the parents of the deceased Dhaneshwar Rai, who was a boy of 22 years of age, have been allowed and the appellant Insurance Company has been directed to pay the claim amount of Rs. 1,25,000/- (One lac twenty-five thousand) to the claimants within a period of two months from the date of passing of the order alongwith an interest of 6% per annum.2. Rs. 50,000/- (Fifty thousand) which has already been paid earlier was to be excluded from the total amount of Rs. 1,75,000/- (One lac Seventy five thousand).3. So far notional income of the deceased is concerned, it was considered to be Rs. 15,000/-(Fifteen thousand) per annum out of which 1/3rd has been deducted and calculation has been made at the rate of Rs. 10,00...
Tag this Judgment!Divisional Manager, Oriental Insurance Company Ltd. Vs. Sabita Devi an ...
Court: Patna
Decided on: Sep-26-2008
Subash Chandra Jha, J.1. Divisional Manager, The Oriental Insurance Company Ltd., Muzaffarpur, through its duly constituted Attorney has filed this Misc. Appeal for setting aside the Judgment dated 25.2.2004 and award signed on 28.2.2004 by 3rd Additional District Judge, Muzaffarpur-cum- Motor Vehicles Claims Tribunal, in Claim Case No. 244/2001 whereby and whereunder the learned Tribunal has allowed the Claim case and directed the appellant Oriental Insurance Co. Ltd., who was opposite party in the Tribunal, to pay a sum of Rs. 1,27,000/-(One lac twenty-seven thousand) to the respondent-claimant Sabita Devi after deducting Rs. 50,000/-(Fifty thousand) which was paid to her earlier, with an interest @ 9% per annum from the date of filing of the claim petition till realisation, within two months from the date of award through account payee cheque.2. Heard learned Counsel for the appellant, Owner-respondent as also intervenors respondents, who happen to be the parents of the deceased.No...
Tag this Judgment!Ram Lakhan Sahani, Son of Late Thakoor Sahani Vs. Lakshmi Sahani and o ...
Court: Patna
Decided on: Sep-26-2008
R.K. Datta, J.1. The Civil Revision application is directed against that part of the order dated 23.9.2000 passed by Subordinate Judge-IV, Darbhanga in Title Execution Case No. 1 of 1998 by which he has held the final decree dated 4.6.1982 passed in Title Suit No. 212 of 1971 as not executable being time barred according to Article 136 of the Limitation Act, 1963.2. The facts relevant for the decision in this revision application are not in dispute and may be briefly enumerated. Title Suit No. 212 of 1971 was filed by the petitioner Ram Lakhan Sahani claiming one-fifth share in the lands mentioned in the schedule of the plaint. After some initial hiccups ultimately all the parties and their lawyers joined in a compromise petition which had been filed on 27.1.1977 and by judgment dated 27.7.1977 it was ordered that let the compromise be accepted and the suit be disposed of in terms of the compromise and that the compromise petition shall form part of the decree and the same be drawn up...
Tag this Judgment!Alka Singh Vs. Syed Sayeeduzmma Rizvi
Court: Patna
Decided on: Sep-25-2008
Mihir Kumar Jha, J.1. Heard counsel for the petitioner. In the opinion of this Court the court below by the impugned order has rightly rejected the interrogatory filed by the petitioner (tenant defendant).2. In order to appreciate the nature of interrogatories two things have to be appreciated. The eviction suit was filed in the year 2005 on the ground that the premises in question in which the petitioner was the tenant was required for an office purpose of the Manager who had to look after the entire building consisting of several apartments and shops. The said plea of personal necessity was sought to be questioned by the petitioner in her written statement in paragraphs No. 13 and 14 in the following manner:13. That the statement made in para 8 of the plaint is answer in about paragraphs of this written statement. The plaintiff is not reasonably and good faith required the suit premises in any way.It is submitted that the plaintiff asked the defendant to increase the rate of rent in...
Tag this Judgment!Vijay Kumar Jha and Chitranjan Singh Alias Sharma Vs. the State of Bih ...
Court: Patna
Decided on: Sep-23-2008
Madhavendra Saran, J.1. These two Cr. Appeals arise out of the same judgment and order dated 8.2.1988, passed by learned 1st Additional Sessions Judge, Vaishali at Hajipur in S.Tr. No. 129/86, arising out of Sarai P.S. case No. 83/85, corresponding to G.R. No. 1725/85, whereby and whereunder both the appellants have been convicted under Section 302/34 of the Indian Penal Code (in short as IPC), and have been sentenced to undergo rigorous imprisonment for life. Appellant Chitranjan Sharma of Cr. Appeal No. 154 of 1988, has further been convicted under Section 27 of the Arms Act but no separate sentence has been awarded.2. The prosecution case ran as follows:Informant Sanjay Kumar (P.W.7) on 24.9.1985, at 20.00 hours, gave fardbeyan before the S.I., P.H. Singh, in the field of Jai Narayan Sahni of village Dumri to the effect that he had also gone to Rani Pokhar Pethiya. He returned from Pethiya and was standing at the Ranipokhar road. His father Gamalal Sharma, who was a teacher in Mahu...
Tag this Judgment!Chitta Ranjan Nath Vs. Indian Oil Corporation Ltd. and ors.
Court: Patna
Decided on: Sep-22-2008
Sheema Ali Khan, J.1. The petitioner has challenged the order dated 27.8.2002 by which he has been dismissed from service by the Executive Director, Indian Oil Corporation Limited, (hereinafter referred to as 'the Corporation') Barauni Unit in the district of Begusarai.2. The petitioner has also prayed for quashing the order contained in annexure-10 dated 31.07.2002 passed by the Senior Human Resource Manager of the said Corporation whereby the petitioner was dismissed from service after a departmental enquiry conducted by the Deputy Manager(Hindi)-cum-Enquiry Officer, Indian Oil Corporation Limited, Barauni Unit, Begusarai.3. The petitioner was appointed in the Indian Oil Corporation Limited, Barauni Refinery in the district of Begusarai as Cools-cum-Bearer on 26.12.1975. Later, he was promoted to the post of Trainee Hostel Mess Caretaker and was working on the said post on the date on which his dismissal order was issued.4. One Smt. Paro Devi and Miss. Shanta Nath claiming that they...
Tag this Judgment!Bihar State Electricity Board and anr. Vs. Ram Deo Prasad Singh and or ...
Court: Patna
Decided on: Sep-22-2008
S.N. Hussain, J.1. Heard learned Counsel for the parties.2. This second appeal has been filed by the defendants-appellants-appellants, namely, Bihar State Electricity Board and its Chairman against the judgment and decree of affirmance.3. The matter arises out of Title Suit No. 95 of 1979 (28 of 1981) which was filed by the plaintiffs-respondents- respondents 1st set for declaration that the order of their dismissal dated 11.11.1975 passed by the defendants-appellants was bad, illegal, inoperative and consequently the plaintiffs be declared to have continued in service since the date of their dismissal.4. The said suit was decreed on contest with cost by the learned Additional Munsif-5, Patna by judgment and decree dated 29.08.1981, which was challenged by the defendants-appellants in Title Appeal No. 147 of 1981 (62 of 2004). The said title appeal was dismissed on contest with cost by the learned Additional District Judge-cum-Fast Track Court No. 2, Patna by his judgment and decree d...
Tag this Judgment!Kartik Mandal Vs. State of Bihar
Court: Patna
Decided on: Sep-22-2008
Sheema Ali Khan, J.1. This appeal arises from a judgment and decree, dated 24-8-1974 passed in Title Suit No. 178/124 of 1968/1974 by the 3rd Additional Subordinate Judge, Bhagalpur.2. By the aforesaid judgment and decree the trial Court has held that the plaintiffs do not have occupancy right with respect to the suit land.3.The suit was filed far declaration that the plaintiffs are the raiyats of the suit lands and have got occupancy right thereon and the defendant, i.e. State of Bihar has no right to make settlement of the suit land and, if any, such settlement is made, it will be in violation of the provisions of law.4. The lands in question appertain to khesra Nos. 12, 13, 14 and 15 of khata No. 4 situated in Mauza Asanandpur, Thana No. III and measure 6, 7 acres and land of khesra No. 12, khata No. 5 situated in Mauza Dharmpur Mills measuring 3 acres. The lands have been described in the records of right as Chair Mazrua Mokaridar, the Collector of Bhagalpur under the Thakurs of B...
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