Patna Court November 1997 Judgments
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Ratanlal Baid Vs. Sohanlal Saha
Court: Patna
Decided on: Nov-05-1997
R.N. Sahay, J.1. By this application under Section 14(8) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982, the petitioner who was defendant in the Eviction Suit brought by the opposite party for recovery of possession of the suit premises has challenged the order of the Munsif, Kishanganj, dated 21.11.95 whereby the suit has been decreed against the petitioner and he has been directed to vacate the suit premises within a month of the order.2. The petitioner was inducted as a tenant by the landlord-opposite party Sohanlal Saha long time back. The tenancy consists of one Pacca room with G.C. Sheeting roof having Varandahs on both sides, courtyard, latrine, and tubewell situated in Sonarpatti Road, Kishanganj, on monthly rental of Rs. 85/-. The landlord was serving as postmaster in village Pathawamari Sub-Post Office under Thakurganj Police Station in the district of Purnea. His two sons are unemployed. The landlord intended to engage them in a business but due to lack o...
Phulia Devi and ors. Vs. Jagassi Devi and ors.
Court: Patna
Decided on: Nov-05-1997
P.K. Deb, J.1. This Appeal has been preferred under Section 100 of the Code of Civil Procedure against the concurrent findings of both the Courts below in Title Suit No. 4 of 1976.2. The appellants as plaintiffs filed the above mentioned suit before the Munsif at Chatra for partition of their half shares in the suit property appertaining to Khata No. 10 fully described in the schedule at the foot of the plaint. According to the plaintiffs, the lands were raiyati lands and were recorded in the names of two brothers, namely, Lakshman Bardi and Laliya Bardi sons of Gyani Bardi and they had equal shares in the lands at Khata No. 16 and it was recorded specifically that they have BIHSSA BARABAR during the last survey operations. Plaintiffs are the defendants of Laliya Bardi while the defendants are the descendant of Lakshman Bardi. Lakshman Bardi died about 35 years ago leaving three sons, namely, Sohar Bardi, Lato Bardi and Barho Bardi and these sons are the defendant Nos. 1 to 3. The mi...
Dr. Vikash Kumar Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-05-1997
Narayan Roy, J.1. Heard Mr. Anil Kumar Sinha, learned Counsel appearing on behalf of the petitioner, Mr. K.N. Prasad, learned Counsel appearing for respondent No. 6, and the learned Government Pleader No. II for respondents Nos. 1 to 5.2. This writ application has been filed by the petitioner for quashing the order dated 2.11.1996, as contained in Annexure-6, by which promotion of the petitioner to the post of Assistant Professor, Paediatric Surgery, Rajendra Medical College & Hospital, Ranchi (hereinafter referred to as RMCH, Ranchi), has been cancelled and respondent No. 6 Dr. Jawahar Prasad Gupta has been posted in place of the petitioner, and also for quashing the order dated 4.11.96, as contained in Annexure 6/A, by which Notification No. 476 (17)/H, dated 25.6.1986, as contained in Annexure-2, has been cancelled, by which the petitioner was appointed on the post of Assistant Professor in Paediatric Surgery, RMCH, Ranchi.3. Learned Counsel appearing on behalf of the petitioner su...
Most. Munni Devi and ors. Vs. Viswakarma Mandir Trust and ors.
Court: Patna
Decided on: Nov-04-1997
P.K. Deb, J.1. This Revision petition has been preferred against the Order dated 21.12.1995 passed by the Munsif, Ranchi in Misc. Case No. 2 of 1993 arising out of the Execution Case No. 1 of 1992, where by the application filed under Section 47 of the Code of Civil Procedure challenging the executability of the decree has been rejected.2. The Title Suit No. 205 of 1973 was filed by Viswakarma Mandir Trust through its the then President, Baldeo Viswakarma for eviction of the petitioners and for delivery of possession of the suit property. The suit was decreed vide judgment dated 31.1.1976.It should be mentioned here that during the pendency of the suit, Baldeo Viswakarma died. Then Lakshman Viswakarma in capacity of its President had continued the suit. After the decree was passed the petitioners preferred Title Appeal No. 32 of 1976 and the appeal was allowed by the 1st Appellate Court and the decree for eviction as granted by the original Court was set aside vide judgment and decree...
Bhupendra Prasad Gupta Vs. Dr. Kiran Shankar Prasad Choudhary @ Dr. Ki ...
Court: Patna
Decided on: Nov-04-1997
Ravi Nandan Sahay, J.1. This is an application by the tenant against whom a decree for eviction has been passed by the Special Execution Munsif, Muzaffarpur by order dated 10.10.1996 in Eviction Suit No. 19 of 1994.2. The suit was brought by the opposite party-landlord for eviction of the petitioner on the ground of bona fide personal necessity. The landlord at the relevant time was a doctor in Government service posted at Naugachia in the district of Bhagalpur. He owns a triple storied house bearing Municipal holding No. 243 (New Holding No.95, Ward No. 17 in Mohalla Saraiyaganj in the town of Muzaffarpur). Second floor of the house was vacant and the remaining portion was in possession of different tenants. The petitioner was his tenant in a portion of the building in question where he was running a Jewellery shop in the name and style M/s. unique Jewellers (Schedule-1).3. The landlord had filed suits against other tenants also and one of the suits is still pending. The personal req...
Julius Goswami and anr. Vs. Chancellor of Universities of Bihar, Patna ...
Court: Patna
Decided on: Nov-03-1997
S.K. Chattopadhyaya and Loknath Prasad, JJ.1. Though Education is a fundamental right of every citizen of this country but the vagaries and corruption in the administration of the Ranchi University has spoiled the career of hundreds of student's is the allegation of the petitioners in these two writ applications.Though the question as to whether the petitioners can move this Court in their personal capacities, is not very material, the fact remains that these two students have brought to the notice of this Court as to how due to mal administration neither examinations are being held according to schedule nor results are being published in time as a result of which successful candidates are being deprived of the opportunities of appearing in the concerned entrance examinations for higher education and alike.2. Whereas in CWJC No. 1545/97(R) the petitioner has highlighted the reasons for deplorable state of affairs in the Ranchi University which has resulted in not holding examinations ...
Urmila Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-02-1997
M.Y. Eqbal, J.1. Heard Mr. N.K. Prasad, learned Sr. Counsel for the petitioner, and Mr. Section Srivastava, learned Counsel for the respondent No.5.2. It appears that at the initial stage, this writ petition was dismissed in limine on 24.7.1989 by a Division Bench of this Court. Against the order of dismissal, the petitioner moved before the Supreme Court in S.L.P. No. 11115 of 1989. The Apex Court remanded the matter in terms of the order dated 4.1.1996 directing this Court to dispose of the writ petition after deciding the question involved therein. Thereafter this writ petition was admitted for hearing on 13.8.1996 and has come before me for final hearing today.3. The petitioner in this writ petition has challenged the order dated 1.8.1988 passed by respondent No. 3 in Land Ceiling Appeal No. 63 of 1986-87, and the order dated 13.6.1989 passed by respondent No. 2 in Singhbhum Land Ceiling Revision No. 309 of 1988. The proceeding arose out of an application filed by respondent No. 5...
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