Patna Court March 1998 Judgments
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State Govt. of Bihar and ors. Vs. Sunil Kumar Singh and ors.
Court: Patna
Decided on: Mar-17-1998
B.M. Lal, C.J. 1. The State Government of Bihar and others, who are appellants in this Letters Patent Appeal, have presented this appeal on 2-7-96. The appeal appears to be barred by 146 days i.e. 4 months and 27 days. An Interlocutory application being LA. No. 443 of 1997 has been filed on behalf of the appellants praying for extension of period of limitation. 2. Having heard learned counsel Mr. K. P. Yadav for the appellants and Mr. M. P. Shukla for the respondents, we proceed to examine whether the requirements for extension of period of limitation have been fulfilled by successfully establishing and proving good cause and sufficient cause, which actually prevented the appellants from filing the appeal well within the period of limitation and justifying the delay of 146 days i.e.4 months and 27 days. 3. To deal with the case, we may mention here that 'sufficient cause' and 'good cause' are not defined under the Limitation Act. But in common parlance one may draw an inference that ...
Sanicharwa Lakra and ors. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Mar-17-1998
Prasun Kumar Deb, J.1. All these there appeals are taken up together as the parties are almost same and the matter involved and the question of law are the same and similar.2. M.A. No. 38 of 1994 (R) has arisen under Section 11 of the Requisitioning and Acquisition of Immovable Property Act, 1952 against the award passed in Arbitration Case No. 7 of 1993, while M.A. No. 39 of 1994 (R) has arisen under the same provision of the Act against the award passed in Arbitration Case No. 6 of 1993. Both these appeals have been filed by the claimants/awardees in the above mentioned Arbitration cases.3. M.A. No. 132 of 1994 (R) has been filed under the same provision of the Act by the Deputy Commissioner-cum-Competent Authority of Ranchi District against the same award passed in Arbitration Case No. 6 of 1993. It should be mentioned here that the same appellant i.e., the Deputy Commissioner-cum-Competent Authority had also filed another Misc. Appeal against the award passed in Arbitration Case N...
Union of India (Uoi) and Etc. Etc. Vs. Kashinath Mahto and ors. Etc.
Court: Patna
Decided on: Mar-17-1998
M.Y. Eqbal, J. 1. All the aforementionedappeals have arisen out of a common judgment dated 5-2-1996 and the award dated 16-2-1996 passed by the First Additional Judicial Cormnissioner-cum-Tribunal constituted under the Coal Bearing Areas (Acquisition and Development) Act, 1957 (for short 'the said Act') passed in Reference Cases Nos. 47,48,49,54,55,56,57,58,59,60,61,62 and 63 of 1990, whereby and whereundcr the Tribunal on reference enhanced the amount of compensation payable to the claimants-respondents for the land acquired under the provisionsof the said Act. Since common question of law and facts are involved in all these appeals, the same have been heard together and are being disposed of by this common judgment. 2. The facts relevant for the purpose of these cases are that the Central Government in exercise of power conferred by Sub-section (1) of Section 4 of the Act issued a notification dated 8-4-1978 of its intention to prospect for coal in the lands of village Kichto, P. S...
Manas Sett and ors. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Mar-17-1998
M.Y. Eqbal, J.1. These two appeals, one by the awardees/claimants and another by the competent authority, have been filed under Section 11 of the Requisitioning and Acquisition of Immovable Properties Act, 1952 against the award dated 01.01.1994 passed by the learned Arbitrator in Arbitration Case No. 1 of 1973/1 of 1993 awarding recurring compensation including interest for the requisition of land and building under the provisions of the aforesaid Act.2. The predecessor-in-interest of the appellants of Misc. Appeal No. 27 of 1994 (R) held and possessed landed properties, comprised within plot No. 1528 of Khata No. 170 measuring 7.50 acres with a house and building standing over a portion of the aforesaid land known as 'Hemkunj' lying in Ward No. 7-B within Ranchi Municipality in Buti Road, Ranchi. It appears that the aforesaid property was requisitioned under the provisions of the Defence of India Act, 1962 by. Notification dated 13.12.1962 for defence purposes and possession of the...
Mahanth Onkar Giri Chela Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-17-1998
1. The appellant herein filed a writ petition being CWJC No. 3138 of 1983 praying for quashing of the notice dated 27-5-1983, Annexure-10, issued by the Achal Adhikari. Motipur as also the notice dated 30th June, 1983. Annexure-13, issued by the Additional Collector. Land Reforms, Muzaffarpur and the various orders passed by the Additional Collector. LandReforms Muzaffarpur in Land Ceiling Case No. 578/74-75 as contained in Annexure-14, particularly the order dated 14-6-1983 whereby the Additional Collector. Land Reforms recalled his earlier order, Annexure-9, dated 6-9-1982. 2. The facts not in dispute are that a land ceiling case was initiated against the petitioner in which by order dated 30th December, 1977, Annexure-5, the Additional Collector, after remand from the Member Board of Revenue, recorded a finding that the land holder was entitled to two units i.e. 60 acres of Class IV lands, and an area of' 2.44 acres of class IV land was declared surplus. The Additional Collector re...
State of Bihar Vs. Anil Yadav and anr.
Court: Patna
Decided on: Mar-16-1998
A.K. Prasad, J.1. Death Reference No. 1 of 1997 (R) and Cr Appeal No. 83 of 1997 (R), arising out of common judgment and order of conviction dated 4.4.1997 in S.T. No. 463 of 1994 passed by Sri B.N.P. Singh, Sessions Judge, Palamu at Daltonganj, have been heard together and are to be governed by this common judgment.2. Accused-Anil Yadav and Sanjay Yadav were tried and convicted under Sections 342, 323, 376, 302 and 201 of the Indian Penal Code by the Sessions Court on the charge that on 5.3.1994 they had wrongfully confined Uspati Devi and Savita Devi, the deceased, and had assaulted Dukhan Mahto (P.W. 2), when he had protested to it and that they raped and eventually murdered victims Uspati Devi and Savita Devi and for causing disappearance of the evidence of double murder by throwing their dead bodies into a well. Both the accused have been sentenced to death under Section 302 I.P.C. Further they have been sentenced to suffer rigorous imprisonment for seven years, one year and six ...
Marachhi Devi and ors. Vs. Manager Singh and ors.
Court: Patna
Decided on: Mar-11-1998
Ravi Nandan Sahay, J.1. This is an appeal against the decree of the 3rd Addl. District Judge, Siwan dated 30th August, 1991 whereby he affirmed the decree of the Additional Munsif, Siwan dated 2nd December, 1988 whereby the suit brought by respondent No. 1 Manager Singh was decreed by granting declaration that the plaintiff had title to the disputed land.2. Although both the Courts below have found against the appellants, Mr. S.C. Surya, learned Counsel for the appellants has tried to demonstrate that the finding recorded by the trial Court was not consistent with the evidence and many salient points in favour of the appellants were ignored by the trial Court as also by the appellate Court. Learned Counsel has vehemently attacked the judgment of the appellate Court on the ground that the judgment is too sketchy one to be sustained. It is submitted that the appellate Court has failed to discharge the responsibility of the appellate Court in terms of Order XLI Rule 31 C.P.C.3. Following...
Surajmal Agarwal Vs. Vishwamitra Trehan
Court: Patna
Decided on: Mar-11-1998
M.Y. Eqbal, J.1. This civil revision application under Section 14(8) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 has been filed by the defendant petitioner/tenant against the judgment and decree dated 31st, July, 1995, passed by Munsif, Jamshedpur decreeing eviction suit No. 3/92 filed by the plaintiff/opposite party for the eviction of the defendant petitioner from the suit promises on the ground of personal necessity.2. The plaintiff's case, inter alia, is that the shop premises is in occupation of defendant/petitioner as monthly tenant on a rent of Rs. 300/- per month. Further the case of the plaintiff is that after the death of his mother the house property including the tenanted premises have been partitioned by and between the plaintiff and his brother Hari Om Trehan by virtue of registered deed of partition. As per the partition northern portion of the house fell in the share of the plaintiff and the remaining portions fell in the share of his brother. It ...
Oriental Insurance Co. Ltd. Vs. Anthony Kujur and ors.
Court: Patna
Decided on: Mar-11-1998
M.Y. Eqbal, J.1. This appeal is directed against the judgment and award dated 26.8.1992 passed by the Motor Accidents Claims Tribunal, Ranchi in Compensation Case No. 92 of 1989 awarding a sum of Rs. 66,000 as compensation on account of death of the deceased in a motor vehicle accident.2. The claimant-respondent filed an application for the grant of compensation stating, inter alia, that the deceased was travelling in a Matador bearing registration No. BEN 9963 which was coming from Ranchi to Mandar on the alleged date of accident. The driver driving the vehicle lost its control and dashed against a tree causing serious injuries to the passengers including the claimant and his wife and daughter. Because of the said injury the wife of the claimant ultimately died. The claim was contested by the appellant by filing the written statement taking various defences including the limit of its liability, the learned Tribunal after considering the facts and evidence assessed the compensation at...
Uma Shankar Sahay Vs. State of Bihar and anr.
Court: Patna
Decided on: Mar-11-1998
Indu Prabha Singh, J.1. This application, under Section 397 of the Code of Criminal Procedure, 1973 (in short the 'Code') is directed against the order dated 27-5-1991 passed by Shri D.R. Roy, Judicial Magistrate 1st Class, Nawadah in Complaint Case No. 14/88/Tr. No. 554/91 by which the learned Judicial Magistrate; on a petition filed under Section 319 of the Code; ordered for the issue of process against the petitioner for the alleged offences under Sections 465, 467, 468, 471 and 120B of the Indian Penal Code.2. It appears that the complainant, Janki Devi (O.P. No. 2) filed a complaint petition before the Chief Judicial Magistrate on 11-1-1988 alleging therein that the accused persons including the present petitioner entered into a criminal conspiracy and created a forged and fabricated document purported to be the certified copy of the order passed by the Settlement Officer under Section 106 of the Bihar Tenancy Act in T.S. Nos. 58/80 and 58(A)/80 to the effect that Khata Nos. 91 a...
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