Patna Court April 1998 Judgments
Janki Singh and ors. Vs. Bhagwan Singh and ors.
Court: Patna
Decided on: Apr-09-1998
Ravinandan Sahay, J. 1. The dispute in this case between the co-sharers with regard to certain ancestral lands of the parties, the details of which have been given in para 4 of the writ petition.2. The common ancestor of the parties was Gokul Singh. He has four sons, namely, Nathu Singh, Chatu Singh, Mithu Singh and Daroga Singh (died issueless).3. The petitioners are descendant of Mithu Singh. The respondents are descendants of Chatu Singh. According to the petitioners, the rcvisional survey land of joint family should have been recorded half and half of the parties as the branches of Nathu Singh and Daroga Singh had become extinct. The revisional parcha showed l/3rd share to Faujdar and Jamadar l/3rd shar to Bhagwan and Laxmi and the rest 1/3rd to Jagdo Singh. It so happened because Nathu Singh's wife Most. Bhagwatia had gifted 1/3rd share in the ancestral property of Bhagwan and Laxmi although according to the petitioners Most. Bhagwatia was not legally competent to do so since af...
Tag this Judgment!Bihar Foundry and Castings Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-07-1998
R.A. Sharma, J.1. The petitioner applied for certificate of exemption from payment of sales tax on purchase of raw materials under the State Government's Notification No. S.O. 95. The Sales Tax Department of the State rejected the petitioner's prayer for exemption. The petitioner, thereafter, filed C. W.J.C. No. 2490 of 1995 (R). This Court allowed the said writ application vide judgment dated 27.9.1995, quashed the Notification No. S.O. 95 and declared that the petitioner is entitled to sales tax exemption on purchase of raw material. Pursuant to the said judgment of this Court the petitioner made an application on the basis of which the benefit of exemption from payment of sales tax was granted to it.2. The Government of Bihar filed a Special Leave Petition against the aforementioned judgment of this Court before the Supreme Court, in which an interim order dated 31.3.1997 staying the operation of the said judgment of this Court, was passed by the Apex Court.3. After the Apex Court ...
Tag this Judgment!Rajnish Shekhar and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-07-1998
Nagendra Rai, J.1. The petitioners, who are all M.B.B.S. and who have applied for their admission to the Post-Graduate Courses in the State of Bihar, have filed the present writ application to delete Condition No. 13 (i) of the Prospectus issued by the Department of Health, Medical Education and Family Welfare, Government of Bihar. A copy of the said Prospectus has been annexed as Annexure 1 to the writ application.2. The admitted facts are that the petitioners have passed their M.B.B.S. examination from different Medical Colleges from Bihar. In the last week of January, 1998, a Press Communique was issued in the name of Controller of Examination, Health Services, Department of Health Medical Education and Family Welfare, Government of Bihar, inviting applications for appearing in the Post-Graduate Medical Examination Test, 1998. The petitioners obtained application forms and Prospectus from the concerned Medical Colleges and have applied for the same. The last date for receipt of the...
Tag this Judgment!Avinash Kumar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-07-1998
Asok Kumar Ganguly, J. 1. This writ petition was initially filed for issuance of a writ of mandamus directing the respondents to publish the final notification under Section 3(3) of the Bihar Ancient Monument and Archaeological Sites, Remains and Art Treasures Act, 1976 (hereinafter called the saidAct). It was also staled that in the said notification the areas of the three hills, namely, Ramshila Hills, Pretshila Hill and Brahmayoni Hills and Vishnupad Temple at Gaya have been prescribed. At the time when the writ petition was filed a notification under Section 3(1) of the said Act was issued and published in the Bihar Gazette on 12-3-1985. The petitioner's case is that the town of Gaya is one of the most well known places of pilgrimage for the persons professing Hindu religion and is commonly known as Gaya Dham and its surrounding hills are known as Ramshila Hills, Pretshila Hill and Brahmayoni Hills and are places of religious sanctity. It is further stated in the writ petition tha...
Tag this Judgment!Ramji Sao and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-07-1998
A.K. Prasad, J. 1. This appeal on the behest of the three appellants is directed against the judgment and order dated 3.2.1989 in S.T. No. 194 of 1987 passed by Sri Paras Nath Sinha, 3rd Addl. Sessions Judge, Giridih, whereby and whereunder he convicted the appellants under Sections 302, 498A and 201 of the Indian Penal Code and sentenced them to imprisonment for life under Section 302 of the Indian Penal Code. However, no separate sentence has been awarded for the offences under Sections 498A and 201 of Penal Code. 2. The prosecution case, in brief, as made out in the fardbeyan is as under: The deceased, Meena Devi, 17-years old daughter of the informant (Lekho Sao), P.W. 8 was married to accused-appellant Baso Sao (Basudeo Sao) about three years ago. The appellants, Ramji Sao and Pyari Devi (Pyassi Devi) are the parents-in-law of the deceased. The deceased mostly lived with the appellants at her matrimonial home. She used to visit her parental home 2/3 times in a year for 10/ 15 day...
Tag this Judgment!Ram Ratan Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-06-1998
Narbdeshwar Pandey, J.1. This is a petition for quashing the order taking cognizance as also criminal prosecution initiated vide Muzaffarpur Town Police Station Case No. 17 of 1993 under Section 7 of the Essential Commodities Act on the basis of the written report of the District Agriculture Officer, Muzaffarpur. It was alleged though the petitioner was directed to reserve certain fixed quantity of fertilizer for Manipur Block but on verification, such stock was not found. Hence it was alleged that petitioner had violated the provisions of the Fertilizer Control Order, 1985 (in short 'Control Order') as also the terms of the Certificate of Registration and, therefore, punishable under the Essential Commodities Act.2. The petitioner carries on wholesale and retail business in fertilizer in the name and style of M/s. Ashok Tyre Agency and was granted certificate of registration in the year, 1985, which was also renewed till the relevant time by the District Agriculture Officer, Muzaffar...
Tag this Judgment!NavIn Kumar Patra and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-03-1998
Prasun Kumar Deb, J.1. The petitioners were the workmen under Respondent No. 5. Their grievance is that the factory premises of Respondent No. 5 had declared lock out without giving any notice as required under Section 25 of the Industrial Disputes Act, 1947 (the Act) and the petitioners along with other workmen had been forcefully asked to take voluntary retirement under Voluntary Retirement Scheme being prepared by the authorities of Respondent No. 5 Prayer has been made for declaration that the impugned notice dated 9,10.1997 as contained in Annexure-2 issued under the signature of Respondent No. 7 regarding closure of the factory is unlawful, improper and without jurisdiction and also for declaring the notice of voluntary Retirement Scheme dated 20.2.1997 as contained in Annexure-1 being unlawful, opposed to the public policy and hit by Section 23 of the Contract Act.2. The main point involved in this writ application is whether the closure of the factory being declared by the no...
Tag this Judgment!Ram Jiwan Singh and ors. Vs. the State of Bihar
Court: Patna
Decided on: Apr-03-1998
R.N. Sahay, J.1. These four appeals have been preferred against the verdict and son of sentence recorded by 1st Additional Sessions Judge, Patna in Sessions Trial No. 497 of 1982 and Sessions Trial No. 102 of 1983. Both Sessions cases were tried together as they arose from the same incident which happened on 26-12-81 at 6.00 p.m. in village Chandaus, P.S. Paliganj in the district of Patna.2. In Cr. Appeal No. 121 of 1985, Ramjiwan Singh @ Ganauri Singh is the appellant. In Cr. Appeal No. 135 of 1985, Sheoji Singh and Prithwi Singh are the appellants. In Cr. Appeal No. 170 of 1985, Bhirgunandan Singh is the appellant. In Cr. Appeal No. 187 of 1985, Krishna Singh and Sampurnand Singh @ Chulbul Singh are the appellants. Each of the appellants have been convicted under Section 302/149, 201 and 148 Indian Penal Code, and have been sentenced to imprisonment for life under Section 302/149 Indian Penal Code and imprisonment for five years under Section 201 Indian Penal Code. No separate sente...
Tag this Judgment!Apna Grih Nirman Sahyog Samiti and anr. Vs. Lalit NaraIn Mithila Unive ...
Court: Patna
Decided on: Apr-03-1998
S.J. Mukhopadhaya, J.1. In a land encroachment proceeding, by order dated 20-11-91, Sub-divisional Officer, Darbhanga declared the petitioners as encroachers over the land in dispute and asked to remove encroachment. The appeal preferred by petitioners, was also rejected by order dated 8-3-1996 giving rise of this writ petition.2. The dispute relates to Plot Nos. 10557 to 10568,10594 to 10598,10601 to 10611 having area of 18 kathas 17 dhurs 50 degrees in the town and district of Darbhanga.3. According to the petitioners, the land in dispute originally belonged to Maharaja of Darbhanga. One M/s. Darbhanga Properties (Private) Limited, a company registered under the Companies Act, 1956 in its business to deal with the properties acquired 17 bighas 3 kathas 15 degrees of land mostly comprising pucca buildings and structures standing thereon from Darbhanga Raj through registered sale-deed dated 6-2-1962. The dispute plot Nos. 10559 to 10568 having an area of 9 kathas 9 dhurs 84 degrees w...
Tag this Judgment!Baijnath Prasad and ors. Vs. Jaimangal Limited and ors.
Court: Patna
Decided on: Apr-03-1998
S.N. Jha, J. 1. Jaimangal Limited, the company in question, was wound up by order dated December 5, 1997. The official liquidator was appointed as the liquidator of the company and directed to take charge of its assets, and further to take necessary steps in accordance with the provisions of the Companies Act. An application (flag '11') was, thereafter, filed on behalf of opposite party No. 5, Bihar State Credit and Investment Corporation Ltd. (BISCICO) on January 28, 1998, seeking modification of the aforementioned part of the order by which the official liquidator had been directed to take charge of the assets of the company. Both the company--the petitioner and opposite party Nos. 1 and 2--have filed counter-affidavits objecting to the prayer. The official liquidator in his reports has also taken a similar stand. The matter was heard at length. 2. Mr. Pawan Kumar, learned counsel for the BISCICO appearing in support of the application, submitted that the BISCICO had taken charge...
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