Patna Court September 1997 Judgments
Anil Engineering Works Pvt. Ltd. Vs. the Bihar State Electricity Board ...
Court: Patna
Decided on: Sep-04-1997
S.K. Chattopadhyaya, J.1. Heard Mr. Mahesh Tiwary, learned Counsel for the petitioner and Mr. Rajendra Prasad, learned Counsel for the Board and with their consent, these applications have been heard together, as common questions of law involved therein, and are being disposed of by this common order.2. Invoking the writ jurisdiction of the High Court the petitioner has impugned the orders of the General Manager-cum-Chief Engineer of the Electricity Board (Respondent No. 2), by reason of which the claim of the petitioner for remission in the charges of Annual Minimum Guarantee (in short AMG charges) is allowed in part.3. M/s. Anil Engineering Works Put. Ltd. is the petitioner in both the cases and its claim for remission in the AMG charges and minimum demand charges for the years 1886-87, 1987-88, 1988-89 and April, 1989 to March, 1990 having been allowed in part, the petitioner has impugned the orders dated 25.4.1996 and 10.8.1996 passed by the General Manager-cum-Chief Engineer in t...
Tag this Judgment!Amla Mazumdar and ors. Vs. Bishwanath Pabra
Court: Patna
Decided on: Sep-04-1997
Gurusharan Sharma, J.1. Smt. Ram Pyari Devi (Pabra) filed Title, (Eviction) Suit No. 77 of 1981 in the Court of Munsif, Katihar against Rama Kant Mazumdar for eviction from holding No. 83, within ward No. 15, located adjoining west of Lea Road, Katihar, under the provisions of the Bihar Buildigns (Lease, Rent and Eviction) Control Act, 1977 (hereinafter referred to as 'the Act') on the ground of personal necessity and default in payment of rent. Further relief was also sought for a decree of arrears of rent. Full description of the suit premises was given in Schedule-B to the plaint.2. The plaintiffs claimed herself to be the owner of the suit premises, bearing holding No. 83. The plaintiff and her son Bishwanath Pabra got another holding No. 84 adjoining north of holding No. 83. Both of them have one more holding situate at Mahalla Amlatola of Katihar town within residential area of ward No. 9. The original defendant was inducted as tenant in one room of holding No. 83, at a monthly ...
Tag this Judgment!Asha Devi and ors. Vs. Ram Krishan Agarwal and ors.
Court: Patna
Decided on: Sep-03-1997
N. Pandey, J.1. Tile instant civil revision application under Section 115 of the Code of Civil Procedure is directed against the order of the Subordinate Judge. Motihari, in F.D. (P.S.) 235/1 of 1975/84, whereby the petition of the opposite party under Order I, Rule 10 of the Code was allowed and Shyam Sunder Agarwal Duroshotum Agarwal and Om Prakash Agarwal were added as defendants. Although by the said order the petition filed on behalf of defendant Ram Krishna Agarwal under Order XXXIX, Rule 1 of the Code was also disposed of but the present petition has been confined against that part of the order only whereby the opposite party were added as defendants.2. The opposite party newly added defendants are the purchasers of certain lands, (detailed in Schedule f of the petition under Order I, Rule 10, C.P.C.) through different sale-deeds from Bhagwan Das and some other defendants, who were party to the suit from the very beginning. According to them, since by virtue of the sale-deeds f...
Tag this Judgment!Ramashiray Singh @ Ramashray Prasad Singh and ors. Vs. Gangotry Prasad ...
Court: Patna
Decided on: Sep-03-1997
Gurusharan Sharma, J.1. One Bachai Singh of village Khalispur, District Samastipur had two sons, Banwari Singh and Shyambihari Singh. Banwari Singh left behind two sons, Siya Singh, defendant No. 1 and Ram Subhag Singh, who died leaving behind his widow, Lalita Devi, two sons, Ram Ashray Singh and Hari Shankar Singh and a daughter, Vaidehi Devi, the defendants 2 to 5. Shyambihari Singh died issueless leaving behind his widow, Mostt. Mahtab Kuer.2. The plaintiff-respondent No. 1 claimed that the two sons of Buchai Singh were separate and on 3.11.1973, Mostt. Mahtab Devi executed a Mahdanama (Ext. 3) in his favour of sale 2 bighas 9 kathas and 11 dhurs land detailed therein for a consideration of Rs. 20,000.00. He paid Rs. 15,000.00 as advance and the balance amount of Rs. 5000.00 was to be paid at the item of execution of the sale deed in the first week of January, 1974. She was required to sell the land to raise fund for performing Ekadashi Udyapan and Chaturdashi Nistar Yagya as well...
Tag this Judgment!Brahma Devi and ors. Vs. Smt. Malti Devi
Court: Patna
Decided on: Sep-02-1997
Gurusharan Sharma, J.1. The defendants are the appellants, who have lost in both the courts below. The matter related to eviction, one Munna Pandey from the suit house situated over Survey Plot No. 13, bearing Holding No. 18 within Circle No. 84, Ward No. 20 in Mahallah Kharakuan, Police Station Alamganj of Patna town.2. According to the plaintiff, she purchased the suit house through registered sale-deed dated 20.6.1975 from Brahmdeo Pandey and came in possession thereof. On 1.9.1975 she inducted the defendant, Munna Pandey as a tenant therein at a monthly rental of Rs. 30/-. He defaulted in payment of rent from March, 1978 onward upto May, 1979 and made himself liable for eviction under Section 12(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control, Act, 1977 (hereinafter referred to as 'the Act'). She further claimed to require the suit house for her own use and occupation.3. The defendant appeared in the suit, filed written statement and contested it. According to him,...
Tag this Judgment!Madhurani Singh Vs. Subhas Chandra Ghosh and ors.
Court: Patna
Decided on: Sep-02-1997
Radha Mohan Prasad, J.1. This revision application is directed against, the order dated 18.9.92 passed in Title Execution case No. 11/855 filed by the decree holders Ramni Mohan Das and Rani Devi whereby and whereunder the petitioner Madhurani Singh has been substituted at the place of decree holders Ramni Mohan Das, Logan Chandra Das, Smt. Nunumani Devi, Smt. Veena Devi and Sri Anant Prasad Das for their 6-1/4 decimals share in the decree and the O.P. No. 1 Subhas Chandra Ghosh has been substituted at the place of decree holder Shankar Prasad Das and Smt. Rani Devi for their 8-3/4 decimals share in the decree. The Court below ordered that the instant decree be executed accordingly with convenience of Subhash Chandra Ghosh to select the side of the house according to his choice and convenience after which 6-1/4 decimals of petitioner be delivered in her possession.2. In short, the case of the petitioner is that opposite second party obtained a decree against one Roop Narayan Ghosh fat...
Tag this Judgment!Smt. Draupati and ors. Vs. Rajendra Singh and ors.
Court: Patna
Decided on: Sep-01-1997
Gurusharan Sharma, J.1. On 25.9.1972, the plaintiffs-respondents filed Title Suit No. 157 of 1972 (partition) in the Court of First Subordinate Judge, Munger against the defendants-appellants for declaration that the defendant No. 2 was a mere farzidar of the lands described in schedule 2 to the plaint and those lands were joint family properties of the defendant No. 1, his pre-deceased son, Radha Kishun Singh and the plaintiff, and the properties described in scheduled to 4 to the plaint were not the self acquired properties of the defendant No. 2 A further declaration was sought that the sale deeds detailed in schedule 5, covering properties of Schedule 4 to the plaint were illegal, void, without consideration not bindings on the plaintiffs. A preliminary decree for partition of the lands described in schedules 1 and 2 to the plaint of the plaintiffs' share was prayed to be passed in the suit.2. According to plaintiffs, Nunubabu Singh defendant No. 1 of village Barahiya Tarafdari, d...
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