Court : Patna
..... is not liable is patently erroneous in view of the discussions made above. the finding of the tribunal is set aside and it is held that the insurance company is liable under the new act. the matter is remitted to the claims tribunal for fresh decision in accordance with law within six weeks from the date of receipt of copy of ..... liable in the case of death or bodily injury to third person, i.e., an outsider or an illegal occupant of the vehicle.22. i find that claims tribunal has determined the question of quantum of compensation in a slipshod manner. the compensation appears to be grossly inadequate. the award of the ..... appeal under section 173(1) of the motor vehicles act, 1988 against the judgment and award of the additional claims tribunal, dhanbad dated 22.4.1994 whereby the claim of the appellant for compensation has been awarded to the extent of rs. 57,600/- only against the owner of the offending vehicle, the tribunal having absolved the insurer from the liability of compensation .....
Tag this Judgment!Court : Patna
..... valued and the court fee paid not sufficient?v. is the suit barred under section 258 of the c.n.t. act?vi. is the suit barred by limitation and adverse possession?vii. are the plaintiffs entitled to the reliefs claimed in the suit?viii. is the rule of primogeniture prevalent among the parties?ix. to what relief or reliefs, if any ..... taken away by the bar under section 35 of the bihar land reforms act, 1950 for coming to the civil court for declaration of their title, interest and possession over the suit ..... rent was under section 6 of the bihar land reforms act, then also section 35 of the bihar land reforms act, 1950 can not be a barred for a suit by the plaintiffs for declaration of title and for possession. only because rents were fixed in favour of the defendant, as claimed by them, the right of the plaintiffs can not be .....
Tag this Judgment!Court : Patna
..... of the word 'science as understood ordinarily with reference to its dictionary meaning must be attributed to the word as used in section 45 of the indian evidence act. some of the meanings given in the dictionaries are: the oxford encyclopedic english dictionary: since ...a systematic and formulated knowledge, esp, of a specified type or ..... impression, called experts therein, are relevant facts. the opinion of such experts is admissible in evidence as relevant facts by virtue of section 45 of the evidence act.6. in our opinion, irrespective of the view taken on the question of meaning of the word 'handwriting' in section 45 to include typewriting, the word ..... as inadmissible. this question of law has therefore, to be answered without any further assistance being available from the decision in hanumant.5. in the indian evidence act, 1872. chapter ii relating to relevancy of facts contains sections 5 to 55 and therein under the heading opinions third persons. when relevant are section 45 to .....
Tag this Judgment!Court : Patna
..... upon the assessee a notice of demand in the prescribed form specifying the sum so payable.'from the bare reading of s. 156 it is clear that notice of demand claiming interest can be issued only when there is order in the assessment order levying interest. except in the cases of the assessee tej kumar devi [cwjc no. 2732 of ..... , therefore, refrain from making any comment on chargeability of the interest under these two sections in the case of the appellant. however, i direct the ao to examine the appellants claim and take appropriate decision in the matter.'cwjc no. 2780 of 1995(r) - tej kumari devi (asst. yr. 1990-91) :regular assessment was made under s. 143(3)/ ..... as the issues (iii) and (iv) raised by mr. moitra are concerned, we see no difficulty in setting aside the notices of demand claiming interest under any of these ss. 234a, 234b and 234c. .sec. 156 of the act is as under :'sec. 156. notice of demand - when any tax, interest, penalty, fine or any other sum is payable in consequence .....
Tag this Judgment!Court : Patna
..... cannot be in any way, be curtailed or circumscribed by either the provisions of the contempt of courts act or the provisions of the bihar administrative tribunals act, 1981. therefore, notwithstanding anything contained in section 10 of the contempt of courts act, the high court's power to deal with the contempt of all courts subordinate to it is vested ..... 1988 pljr 1036, a learned division bench of this court has come to the conclusion that the tribunal under the bihar administrative tribunal act is a court within the meaning of the said contempt of courts act as also a court within the meaning of the evidence act. therefore, if it is a court within the meaning of. contempt of courts ..... 3rd may, 1988 and under the said order the respondents were not to fill up the said post till the disposal of the case before the said tribunal.5. the act of contempt which is alleged in this petition is that subsequently by an order dated 19th may, 1990 the post of associate professor of pathology in .....
Tag this Judgment!Court : Patna
..... toexamine and determine all matters relating tothe election of its own members, and if thelegislature takes it out of its own hands andvests in a special tribunal an entirely new andunknown jurisdiction, that special jurisdiction should be exercised in accordance withthe law which creates it.' similar view was taken by the supreme court ..... panchayat area. it was contended that the amendment, therefore, does not hamper with any basic or essential features of indian constitution.16. so far as the claim of the petitioners relating to their 'fundamental right' is concerned, it was submitted that the right to elect or get elected is neither a common law, ..... down without any verification as to which backward caste is politically depressed class and is not adequately represented in the political field, schedule-i of the act cannot be acted upon, for the purpose of panchayat election.34. the writ petitions are disposed of with the aforementioned observations and directions.35. finally, the court .....
Tag this Judgment!Court : Patna
..... 8 herein thereafter filed objection under section 47 of the code in the said execution proceedings, which was registered as misc. case no. 28 of 1988. they claimed that the final decree was not in conformity with the judgment and preliminary decree and it required amendment, by order dated 8.12.1939 the executing court accepted ..... nos. 70 to 73 were never in possession of any land under partition, but while deposing for the plaintiff jagnarain mahto, son of defendant no. 72 maneuver to claim shares for defendants nos. 70 to 73 and indirectly for himself. this being so i have cancelled takhta no. 18 in the names of defendant nos. 70 ..... partition in terms of the preliminary decree. the commissioner was thus not at all justified expressing his opinion about the interest/claims of the parties and make allotments beyond the terms of the preliminary decree. the aforesaid act of the commissioner was, therefore, wholly illegal and without jurisdiction.21. it further appears from order dated 23.9. .....
Tag this Judgment!Court : Patna
..... radha mohan prasad, j.1. the appeal is directed against the judgment and award dated 12.5.1992 passed in claim case no. 12 of 1987/a.c. 14 of 1991 by the 1st additional motor accidents claims tribunal, purnia, whereby and whereunder total compensation amount awarded is rs. 30,800/-.2. in short, the relevant facts are that the deceased md. ..... sub-clause (ii) provides for compensation of rs. 15,000/- in respect of each individual passenger. under sub-section (1) of section 92-b of the act, the right to claim compensation under section 92-a in respect of death or permanent disablement of any person shall be in addition to any other right, including the right on the principle ..... its liability and according to its learned counsel, a sum of rs. 7,900/- has been deposited in this court in terms of section 173(1) of 1988 act.14. it is submitted by the learned counsel for the appellant that in view of the aforementioned judgment of this court, the aforementioned amount deposited in this court may be .....
Tag this Judgment!Court : Patna
..... sirich and sheo lai (supra). another instance cited of similar statutory provision was that of section 110-d of the motor vehicles act, 1939. an appeal lies to the high court against the decision of motor accident claims tribunal. in municipal corporation of delhi v. kuldeep lal bhandari a.i.r. 1970 dal. 37, a full bandh of this ..... 21 of 1982-83. if there be any dispute thereafter, the matter be referred to the civil court under sections 18 and 30 of the land acquisition act for adjudication of any claim in accordance with law. 'that being 80, annexure 10 containing the order dated 7.1.85 passed by additional collector, lohardaga is hereby quashed.66. ..... direction to the state to prepare an award in the name of the respondent subject to any reference under section 18 or 30 of the land acquisition act for adjudication of the claim. accordingly award was prepared in the name of the respondent. ultimately the collector referred the ( dispute to the land acquisition judge, ranchi under section 30 .....
Tag this Judgment!Court : Patna
..... abridges any of the rights conferred by, any provisions of this part, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said acts and regulations shall, subject to the power of any competent legislature to repeal or amend it, continue in force.'8. in view of ..... inasmuch as these sections make special provisions only with regard to scheduled castes and scheduled tribes to the exclusion of persons belonging to other communities. this act has undoubtedly been passed for the benefit of members of the scheduled castes and scheduled tribes can be considered to be separate and distinct classed particularly in ..... not put any unreasonable restriction on the right of the under-tenant to transfer non-agricultural land. section 24 of the west bengal non-agriculture tenancy act provides that if non-agricultural land in a non-agricultural tenancy is transferred, immediate landlord may within the prescribed period apply for such land to be transferred .....
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