Patna Court July 1993 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Chhedilal Sikaria and anr. Vs. Ramjee Prasad
Court: Patna
Decided on: Jul-15-1993
S.N. Jha, J.1. The petitioners objected to locking up of the premises by the Receiver appointed in a proceeding under the Provincial Insolvency Act, 1920 (the Act, in short). The application has been rejected by the Court below as being time-barred. 2, Though not necessary to go into the history of the case in order to decide the point in issue, the factual background of this revision may shortly be stated as hereunder. The petitioners purchased the premises in question in execution of a money decree, in Execution Case No. 84 of 1963. The auction sale took place on 7-2-66. The sale was confirmed on 1-4-1966 and delivery of possession was effected on 26-6-66. In the meantime, the defendant judgment-debtor, opposite party herein, had filed an insolvency petition before the District Judge, Motihari which was registered as Insolvency case No. 2 of 1966 to adjudge him as an insolvent. In that proceeding he filed an application for stay of confirmation of sale which was rejected on 28-3-66....
Dilip Kumar Kotecha Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-09-1993
N.S. Rao and S.K. Chattopadhyaya, JJ.1. The petitioner has moved this Court against the order, dated 18-9-1992 by reason of which Respondent No. 2 has confiscated his truck bearing registration No. BHM 6831 along with coal loaded en it and also directed the District Transport Authority to cancel the registration of the said truck. When this matter was heard on 23-6-1993, Mr. Kalyan Roy, learned Counsel for the petitioner submitted that no notice was given to the petitioner as required under Section 6B of the Essential Commodities Act, 1955 (hereinafter to be referred to as 'the Act'). On such submission being made, Mr. M. M. Banerjee, learned Government Pleader No, II was granted two weeks time for producing the records of the case in. order to show as to whether that notice under Section 6B of the Act was served upon the petitioner or not.2. Today (8-7-1993) learned Counsel for the respondents has produced before us the original record of Confiscation Case No. 10 of 1989 and has fair...
Ramanand Pandit Alias Tulshan Pandit Vs. Jangali Pandit and ors.
Court: Patna
Decided on: Jul-09-1993
S.N. Jha, J.1. This appeal arises out of a suit for partition pure and simple. The plaintiff sought decree with respect to his 1/5th share in the land of plot No. 1259 measuring 1.33 acre or 2 bighas 2 katbas 11 dhurs fully described in Schedule 'Kha' of the plaint. The suit having been dismissed, the plaintiff has come in appeal.2. The common ancestor of the party was one Gobardhan Pandit. He died leaving behind widow Mostt. Budhlya and six sons, namely, Ram Kishun, Hari Kishun, Ram Das, Ram Charan, Raghunath and Raghunandan. The plaintiff is the son of Ram Charan while contesting defendants are of the branches of Ram Kishun and Raghunath. The sons of Hari Kishun and Ram Das are defendant Nos. 2 to 8 respectively. Except defendant No. 2, they supported the plaintiff's case-Raghunandan is said to have died issueless.3. According to the plaintiff's case, the suit property belonged to Mostt. Budhiya until her death in 1948. It is said that the family was possessed of five Khaparposh hou...
Saryug Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-09-1993
S.B. Sinha, J.1.This application is directed against an order dated 26-2-1993 passed by the District Magistrate, Nalanda whereby and whereunder the petitioner has been declared unfit to discharge his functions Up-Mukhiya purported to be in terms of the provisions of Section 79 of the Bihar Panchayat Raj Act (hereinafter referred to as 'the said Act').2. The fact of the matter lies in very narrow compass.The petitioner joined Central Co-operative Bank as a Peon and has been working in that capacity since then.3. The Mukhiya of Karyanna Bindidih Gram Panchayat was removed whereafter the petitioner was elected to the post Executive member of the Panchayat and later on elected to the post of Up-Mukhiya. The petitioner was asked to perform the duties of the Mukhiya by an order dated 11-11-1992 as contained in Annexure-2 to the writ application.4. However, as noticed hereinbefore, by reason of the impugned order, the District Magistrate had found that he cannot function as a Mukhiya in view...
Chief Claim Officer, N.E. Railways, Gorakhpur Vs. Nawa Lal Bhagat.
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Jul-09-1993
B.N. Sinha, President: 1. This appeal is directed against order dated 24th April, 1992 passed by the District Forum, Vaishali at Hajipur in Complaint Case No. 8 of 1991 in which the appellant was the opposite party and the respondent before this Commission was the complainant. 2. The complainant filed the case before the District Forum alleging as hereinafter mentioned. On 12.7.91 he booked 9 baskets of Mango Saplings valued at Rs. 11,000/- on payment of full freight amounting Rs. 439/ from Hajipur to Ratlam. The consignment was dispatched by Sabarmati Express on 13.7.91 from Hajipur which was ordinarily to reach at Ratlam Railway Station on 16.7.91. The complainant also boarded the same train for taking immediate delivery of the Mango Sapplings they being perishable in nature. But when he reached at Ratlam he found that the consignment booked by him did not reach Ratlam and he consequently complained to the Railway Authority at Ratlam but of no avail. Thereafter on 26.7.91 he made a c...
Krishi Machineries Vs. Rana Singh
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Jul-06-1993
B.N. Sinha, President: 1. This appeal is directed against order dated 4th July, 1992 passed by the District Forum, Aurangabad in Complaint Case No. 9 of 1992. The appellant here was the O.P. before the District Forum and respondent was complainant there. 2. The complainant filed this complaint petition before the District Forum on 27.2.92 alleging that he purchased Tractor Mahendra B275 from the opposite party on 4.7.87 but the opposite party did not give to him the sale letter and registration book as a result of which he is not able to use the tractor which has caused financial loss to him and he has claimed Rs. 60,000/- as compensation for that loss. 3. Notice was issued with the O.P. and counter version was filed on his behalf asserting inter-alia that the complaint is barred by limitation; that at the time of sale all necessary papers including the sale letter was handed over to the complainant on 12.7.87 and in respect thereof he signed on the paper maintained by the O.P. and tha...
Bijay Kumar Vs. Bihar State Financial Corporation and ors.
Court: Patna
Decided on: Jul-02-1993
S.B. Sinha, J.1. In this application the petitioner has inter alia prayed for quashing of the notice dated 13-12-1992 as contained in Annexure-1 to the writ application in terms whereof Bihar State Financial Corporation caused a Sale notice to be published inviting tender for putting the unit of the-petitioner on auction known as M/s. Allied paper and Chemical Industries (P.) Ltd.2. The facts of the matter shortly stated are as follows:The aforementioned unit belonged to M/s. Allied Paper and Chemical Industries (P.) Ltd. which is a company registered under the India Companies Act having a certificate of incorporation No. 121 of J 975-76 issued by the Registrar of the companies, Bihar dated 22-9-1975. The said Company is not the petitioner. It has been admitted in the writ application that a term loan of Rs. 3 lakhs was sanctioned in favour of the aforementioned Company by the respondent Corporation on 30th September, 1975 for setting up a unit for manufacture of mill Board at Shah Sa...
Ashwani Kumar Basak Vs. Rabindra Nath Roy
Court: Patna
Decided on: Jul-02-1993
Binod Kumar Roy and S.K. Chattopadhyaya, JJ.1. In this civil revision petition, which was directed to be put up for admission before a Division Bench by a learned Single Judge and that is how it is before us, the petitioner prays to set aside an order dated 30-4-1993, passed by Shri S.N. Singh, Munsif, Ranchi, in Eviction Suit No. 75 of 1990 striking off his defence for non-compliance of the order dated 23-1-1992 passed under Section 15(1) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act').2. The relevant facts are in a narrow compass. The suit aforementioned was filed by the opposite party in December, 1990 for eviction of the petitioner on the ground of personal necessity. The opposite party filed an application on 9-1-1992 under Section 15(1) of the Act for issuing a direction to the petitioner to deposit rent at the rate of Rs. 150/- per month, which was the last rent paid, with effect from October, 1990 to February, 1992, th...
- ‹ Prev
- 1
- 2
- Next ›