Patna Court April 1998 Judgments
Rasan Trigun Barla Vs. Rilan Sandhya Toppno and anr.
Court: Patna
Decided on: Apr-02-1998
R.A. Sharma, Loknath Prasad and A.K. Prasad, JJ.1. The plaintiff-petitioner filed a suit under Section 10 of the Indian Divorce Act, 1869 (hereinafter referred to as the Act)for dissolution of his marriage with defendant No. 1 on the ground of adultery. The alleged adulterer was impleaded as defendant No. 2. In the suit notice were issued to the defendant, who appeared and prayed for time for filing written statement. But thereafter they remained absent, resulting in ex parte judgment dissolving the marriage of the plaintiff with defendant No. 1. The ex parte judgment was recalled on the application of defendant No. 1 under Order IX, Rule 13 of the Code of Civil Procedure. Thereafter written statement was filed. On 15.10.1996 a joint application was filed by both the parties, i.e. husband and wife, in the Court below seeking dissolution of marriage and for passing consent decree of divorce. The Court below after hearing the parties decreed the suit in terns of the compromise. On 18.11...
Tag this Judgment!Ram Dular Paswan and ors. Vs. P.O., Labour Court and ors.
Court: Patna
Decided on: Apr-02-1998
R.A. Sharma, J. 1. The petitioners in these writ applications filed complaints under Section 33A of the Industrial Disputes Act, 1947 (hereinafter referred to as the I.D.Act) before the Labour Court. Bokaro Steel City, with the allegation that they have been removed from service by their employer, namely, M/s. Hindustan Malleables and Forcings Ltd., Dhanbad (Respondent No. 2) during the pendency of an industrial dispute, being Reference Case No. 7/85, illegally without complying with the provisions of law. The Labour Court has rejected the said complaints on the ground that the petitioners are not the workmen, but are merely apprentices to whom the I.D.Act is not applicable. Being aggrieved by the said order of the Labour Court, the petitioners have filed these writ applications. 2. We have heard Mr.T.K.Das, learned Counsel for the petitioners, and Mr.M.M. Banerjee, learned Counsel for the respondents. 3. Section 2(s) of the I.D.Act defines 'workman' as follows:- '2(s) 'workman' ...
Tag this Judgment!Sheikh Farjan Mian Vs. Teju Sahu
Court: Patna
Decided on: Apr-02-1998
M.Y. Eqbal, J.1. This Second Appeal under Section 100 of the Code of Civil Procedure has been filed by the plaintiff against the Judgment and Decree dated 21.4.1988 passed by the 1st. Additional District Judge, Palamau in Title Appeal No. 3 of 1982 reversing the judgment and decree dated 21.12.1981 passed by Munsif, Garhwa in Title Suit No. 8 of 1974. By the impugned judgment and decree the learned lower appellate Court allowed the appeal filed by the defendant and set aside the judgment and decree passed by the trial Court and held that the suit for specific performance of contract cannot be decreed.2. The facts of the case are not much in dispute. The plaintiff appellant filed the aforesaid suit for specific performance of contract for sale on the basis of an agreement dated 13.4.1972 executed by the defendant in respect of 7 and half decimals of land of Plot No. 115 under Khata No. 43 of village Dipwa, together with a house standing thereon. The plaintiff being in urgent need of mo...
Tag this Judgment!Kayne Construction Pvt. Ltd. and ors. Vs. Syndicate Bank and ors.
Court: Patna
Decided on: Apr-01-1998
Aftab Alam, J.1. The petitioners seek appropriate writ(s), order(s) or direction(s) commanding the respondent bank and its functionaries to forbear from making any unauthorised deductions and/or refund the amount unauthorisedly deducted in purported liquidation of the loan of Rs. 12,00,000/-advanced by the bank to the petitioners' predecessor in interest for the construction of the premises for being leased back to the bank. According to the petitioners, the action of the bank in making endless deductions from the petitioners account is against the terms of the agreement, contrary to the stand taken by the bank itself from time to time and in violation of the circulars issued by the Reserve Bank of India and the law laid down by the Supreme Court in the light of those circulars. In other words, the action of the bank is highly high handed, unreasonable and arbitrary.2. A partnership firm under the name and style of M/s. Sheohar Construction, the Predecessor in interest of petitioner N...
Tag this Judgment!Nepal Sahi and anr. Vs. Rekha Kaur and ors.
Court: Patna
Decided on: Apr-01-1998
S.K. Chattopadhyaya, J.1. The appellants have impugned the judgment of the judicial Commissioner, Ranchi dated 31st of January, 1979 by reason of which prayer for grant of letters of Administration in favour of appellants has been rejected.2. The facts are : Both these appellants are the brothers and sons of Prithi Sahi. One Anmol Sahi died on 6.7.1974 leaving behind two daughters, namely, Chandrawati Devi and Rekha Kaur. Prithi Sahi is the nephew of Anmol Sahi whereas Bamal Sahi is the brother of said Anmol. Thus, the appellants are grand sons of Anmol being the sons and nephews of Prithi Sahi. By reason of a will executed on 2.4.1972 (Ext. 2), the testator, Anmol bequeathed his some of the properties in favour of the appellants. The prayer of the appellants were resisted by two daughters of the testator on the ground that the said will was not executed voluntarily, rather, it was obtained by the appellants by influence. Their further case was that due to old age the testator lost hi...
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