Patna Court April 1996 Judgments
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Sheo Pujan Singh and ors. Vs. Mostt. Taramuni Kumari and anr.
Court: Patna
Decided on: Apr-08-1996
S.N. Mishra, J.1. This first appeal has been filed by the defendants which arises out of the judgment and decree passed in a partition suit. The plaintiffs filed a suit for partition of 1/2 share in the suit properties fully described in the Schedule of the plaint. Plaintiff No. 1 is claimed to be the widow of the late Motichand Mahto and the plaintiff No. 2 is alleged to be the daughter of plaintiff No. 1. According to the plaintiffs the said Motichand Mahto was separate from his brother Sheopujan Mahto, who died leaving behind the plain- tiffs. It is further alleged that the plaintiffs are in joint possession of the properties in the suit with the defendant No. 1, who, in fact, manages the property through cultivation as Bataidar. It is further alleged that the land stands recorded in the name of late Raghubir Mahto and, accordingly, all the papers stand in his name. It is further alleged that the husband of plaintiff No. 1 Motichand Mahto died of Tuberculosis. It is alleged that wh...
Tata Iron and Steel Co. Ltd. Vs. Mrs. Parwati and ors.
Court: Patna
Decided on: Apr-08-1996
Prasun Kumar Deb, J.1. This appeal has been preferred against the judgment and decree dated 16.11.1978 passed by the then Second Additional District Judge, Jamshedpur, in Title Appeal No. 1 of 1977 confirming the judgment of dismissal of Title Suit No. 162/265 of 1971-76 dated 29.11.1976 passed by the Additional Munsif, Jamshedpur.2. While admitting this appeal on 26.11.1980, the following substantial questions of law were formulated:-(i) Whether the plea of adverse possession to acquire title can be allowed upon a land acquired under the Land Acquisition Act?(ii) Whether a record of rights not finally published can be considered for deciding title?3. The facts of the case run as follows.:The plaintiff-appellant Company filed the above-mentioned suit before the Additional Munsif, Jamshedpur, for declaration of title and recovery of possession and also for mesne profit in respect of R.S. Plot No. 189 and a portion of Plot No. 192 measuring 2.77 acres of land appertaining to Khata Nos. ...
Raj B. Parikh Vs. State of Bihar
Court: Patna
Decided on: Apr-05-1996
Lok Nath Prasad, J.1. Heard both the parties.2. Cr. Misc. No. 2659/91 (R) and Cr. Misc. No. 2693/91(R) were taken up together for convenient as both relates to Adityapur P.S. Case No. 71/90.3. In Cr. Misc. No. 2659/91 (R) Raj B. Parikh is the petitioner who is Managing Director of Jameshedpur Beverage whereas in Cr. Misc. No. 2693/91(R) Gopal Rao, an employee of the said Beverage is the petitioner.4. This case has been instituted on a written report of J.P. Choubey, Supply Inspector, Gamria who inspected the go down premises of the petitioner and found 224 quintals of sugar and it has been alleged that the petitioner got a retail storage licence bearing No. 42/87 and as such the petitioner can keep only to 50 quintals at a time under the terms and conditions of the licence. So the prosecution was lodged apparently for violation of the terms and conditions of Bihar Trade Articles (Licences Unification ) Order ,1984.5. It was contended on behalf of the petitioner that it is also the adm...
Bital Sundi Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-04-1996
S.K. Chattopadhyaya, J.1. The petitioner has impugned the orders dated 30.4.84 (Annexure-3), 30.5.85 (Aruiexure-4) as well as 16.10.86 (Annexure-5) by reason of which the respective authorities under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act), decided the matter of pre-emption in favour of respondent No. 5.2. For appreciation of the arguments advanced on behalf of the parties a few may be stated: The original respondent No. 5, Mostt. Dukhani Devi who had subsequently been substituted by her legal heirs and representatives in this Court, filed a petition before the Deputy Collector, Giridih fro pre-emption and by order dated 8.7.80 her said petition was rejected. The said case was registered as case No. 19/79-80. Against that order respondent No. 5 preferred Land ceiling appeal 9/80-81 /3. 23/81-82 before the Additional Collector and the same was dismissed holding that the same had abated in view of t...
Joginder Gowala @ Jaga NaraIn Singh Vs. Ranchi Enterprises and Propert ...
Court: Patna
Decided on: Apr-04-1996
Prasun Kumar Deb, J.1. A suit for eviction was filed by the respondent long back in the year 1968 when almost 3 years have passed by this time being Title suit No. 813 of 1968.2. The case of the plaintiff-respondent was that it owned and possessed some house properties in the town of Ranchi, out of which a tin shed standing over the plot No. 1131 holding No. 631 (Portion), ward No. 1 of Ranchi Municipality, situated at Ratu Road, Ranchi, full described in schedule of the plaint was given to the deffendent-appellant on a monthly rental of Rs. 50/-according to English Cakhdar month. So long relationship was maintained, but the defendant-appellant defaulted in payment of rent since November, '67, arid when for consecutive three months i.e. November '67, December' 67 and January '68 rent was not paid inspite of repeated demand, the plaintiff served a notice under Section 106 of the T.P. Act for terminating the tenancy, The notice was dated 2.2.1968 and the defendant-appellant was asked to...
Parsuram Prasad @ Parsuram Mahto Vs. State of Bihar
Court: Patna
Decided on: Apr-04-1996
Naresh Kumar Sinha, J.1. Both these writ applications have been filed by Parsuram Prasad alias Parsuram Matho, one (Cr. W.J.C. No. 810/93) for quashing confiscation proceedings initiated under Section 6A of the Essential Commodities Act vide E.C. Case No. 59/93-94 pending in the Court of the Collector, Patna and the other (Cr. W.J.C No. 44/94) for quashing the entire criminal proceedings against the petitioner in Special Case No. 11/93 under Section 7 of the E.C. Act pending in the Court of the learned Special Judge (Rural), Patna.2. The petitioner claims to be the owner of a Dal Mill, namely, M/s. Parsuram Dal Mill. He produces split pulses from the whole pulses and sells it to the wholesale dealers and/or through commission agents. An inspection was made in the Dal Mill premises of the petitioner by Block Supply Officer-respondent No. 2 on 31.7.1993 and different varieties of pulses were seized and criminal proceedings were initiated on the basis of a prosecution report lodged by re...
Md. Osman @ Abdul Jalil (Deceased) Represented by His L.R.S. Vs. State ...
Court: Patna
Decided on: Apr-04-1996
Sachchidanand Jha and Aftab Alam, JJ.1. Prayer for substitution of the heirs of the sole petitioner, which is not opposed by the respondents, is allowed. Let the name of the petitioner be expunged from records and in his place, those of his heirs mentioned in the substitution petition be substituted.2. These two petitions between the same parties relating to the same dispute arising out Of analogous proceeding under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus1 Land) Act, 1961 (in short, 'the Ceiling Act') have been heard together and are disposed of by this common judgment.3. The dispute relates to Plot No. 506 or village Bishunpura within Udwantnagar Anchal of Bhojpur district.' The plot having total area of 8.31 acre stood in the name of respondent No. 5. Mst. Meniran Bibi. On 1.6.76 Maniram Bibi sold 0.15 acre land of the plot to respondent No. 4 Md. Azim. The petitioner filed application under Section 16(3) of the Ceiling Act claimi...
Basmatia Devi and anr. Vs. Coastal Roadways Ltd. and ors.
Court: Patna
Decided on: Apr-04-1996
Prasun Kumar Deb, J.1. Heard Mr. Jai Prakash appearing for and on behalf of appellants and also heard Mr. M.Y. Iqbal for and on behalf of respondent insurance company.2. This appeal has been preferred for enhancing the quantum of compensation which was granted by the judgment and award in title (M.V.) Suit No. 49 of 1993, by the 3rd Additional District Judge-cum-M.A.C.T., Dhanbad, to the appellants to the tune of Rs. 50,000/- only.3. The deceased was admittedly earning as a daily wage earner at the rate of Rs. 30 to Rs. 35/- per day and then there is no reason why that should be considered as 20 days in a month. The monthly income comes up to Rs. 900/- per month and if 1/3rd is deducted towards personal expenses Rs. 600/- becomes the dependency of the claimants-appellants and the yearly dependency comes to Rs. 7,200/-. By applying multiplier of 12, the amount comes up to more than Rs. 80,000/-, although in my view, said multiplier should have been used, but considering the recent judg...
Brij Bihari Pandey and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-04-1996
S.K. Chattopadhyaya, J.1. Being aggrieved by the order dated 4.6.1986 passed by the respondents No. 2, the petitioners have moved this Court in the present writ application. According to the petitioners, they are working since 1976 as Science teachers in different Middle Schools in the Giridih district. The scale of pay of graduate untrained teachers was fixed some times on 4.6. 1973 at Rs. 296/- and that of Intermediate untrained teachers at Rs. 230/- with effect from 1.1.1971. The petitioners were working on the fixed scale of pay of Rs. 296/- till March, 1981. In view of the report of 4th pay Revision Committee, the Finance Department accepted the said report and new pay scale was prescribed accordingly. After resolution of the Finance Department dated 30.12.1981, the decision was communicated to all the officers of the Education Department. On the basis of that, the District Superintendent of Education fixed the revised pay scale of petitioners and got it verified by the Fixation ...
Sarup Jaykar Motilal C.R. Das Institute of Legal Aid Studies and Resea ...
Court: Patna
Decided on: Apr-03-1996
Shashank Kumar Singh, JJ.1. This is an application under Article 215 of the Constitution of India read with Sections 11 and 12 of the Contempt of Courts Act, 1971 (compendiously the Act) filed by Sapru Jaykar Motilal C.R. Das Institute of Legal Aid Studies and Research through its vice Chairman and others, against the Union of India, Sarvashri A.K. Basak, Chief Secretary, Government of Bihar, N.K Agrawal, Commissioner-cum-Secretary, Rural Development Department, Govt. of Bihar, T.N. Sheshan, Chief Election Commissioner, and K.K. Saha, State Election Commissioner (Government of Bihar) and the relief sought is for initiating proceeding for civil contempt as against those opposite parties as they have willfully disobeyed the order passed in the judgment of this Court dated 22.10.195 in C.W.J.C. No. 488 of 199S inasmuch as they did not hold the Panchayat Election in this State of Bihar by 31.1.1996.2. The factual matrix of the case is that in this State Panchayat Elections were not held f...
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