Patna Court May 1998 Judgments
Mahanth Ram Shankar Das Vs. Bihar State Religious Trusts Board and ors ...
Court: Patna
Decided on: May-15-1998
S.N. Mishra, J. 1. In this writ application, the petitioner has prayed for quashing of the order, dated 21-5-1994 passed by the respondent Chairman, Bihar State Religious Trusts Board, Patna, whereby respondent No. 3, has been declared as temporary trustee of the Trust, namely, RaipurMath. A copy of the order passed by the respondent Chairman of the Board is made Annexure-13of this writ application. Earlier, by order, dated 13-1-93, the respondent Administrator of the Board, appointed the Sub-Divisional Officer, Dalsingsarai, as temporary trustee of the Math, in question, as it appears from the order contained in Annexure-5 to this writ application. Mr. Tara Kant Jha, learned senior counsel appearing on behalf of the petitioner has assailed the order of the respondent President of the Board on the ground, firstly, that the Trust, in question, is purely a private Trust and, as such, the respondent President has no jurisdiction and/or authority to interfere with the day-to-day function...
Tag this Judgment!Syed Abid Imam Vs. Sharafat Hussain
Court: Patna
Decided on: May-15-1998
M.Y. Eqbal, J. 1. This civil revision application is directed against the order dated 4-10-1997 passed by the 6th Addl. District Judge, Patna, refusing to allow the petitioner's prayer for a direction to the opposite party to deposit the arrears of rent for the period March, 1995 to July, 1997 at the rate fixed by the House Controller i.e. Rs. 960/- per month.2. The brief facts of the case are that the petitioner being the owner and landlord of the suit premises known as Bank building situated at Meena Bazar, Patna Market, Patna instituted a suit for eviction of the defendant-opposite party from the shop premises situated in the ground flour of the aforesaid building. The plaintiff-appellant's case was that the defendant was inducted as a tenant in the shop premises long back on a monthly rent of Rs. 100/-. In the year 1988 the petitioner filed a case for fixation of fair rent under Sections 5 and 8 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter refer...
Tag this Judgment!Shyam Sundari Devi Alias Sunita Devi Vs. Rajkishore Singh Alias Rajkis ...
Court: Patna
Decided on: May-15-1998
1. This Civil Revision under Section 115 of the Code of Civil Procedure, 1908 is directed against the order dated 5-6-1992 passed by the learned Additional District Judge-11, Patna converting the proceedings for grant of Succession Certificate into a title suit.2. It appears that Smt. Shyam Sundari Devi (since deceased) filed an application under Section 372 of the Indian Seccession Act. 1925 (hereinafter referred to as the Act) before the District Judge. Patna for grant of Succession Certificate to realise the debts and shares, mentioned in Annexures A and B, of her father. It is alleged that she is the only legal representative of the deceased and as such is entitled to get the Succession Certificate as prayed for.3. Opposite party Raj Kishore Singh filed objection claiming that Smt. Shyam Sundari Devi was not the daughter of the deceased Shivandan Prasad and that he himself was the deceased's adopted son. Subsequently he moved an application for converting the Succession Certificat...
Tag this Judgment!Sanwarmul Poddar @ Koka and anr. Vs. Gulraj Poddar and ors.
Court: Patna
Decided on: May-13-1998
R.A. Sharma, J.1. The appellants filed Title Suit No. 82/96 in the Court of learned Subordinate Judge, 3rd., Ranchi, for declaration of their one half share in the undivided properties described in Schedules B and C of the plaint and also for declaration that the sale-deed dated 2-4-1996 executed by the defendant Nos. 1 and 3 in favour of defendant No. 4 has neither created any right, title and interest in favour of the respondent No. 4 in respect of holding No. 772, nor has it affected in any way the plaintiff's right title and interest in the said holding. During the pendency of the suit, the plaintiff filed an application under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure (hereinafter referred to as the Code) for interim injunction. The trial Court, vide order dated 22-3-1997, granted interim injunction restraining the defendant Nos. 1 to 4, their agents, servants and employees from interfering with the plaintiff's peaceful possession of the property in dispute. Again...
Tag this Judgment!Subedar Mahto Vs. Joint Director of Consolidation and ors.
Court: Patna
Decided on: May-13-1998
S.J. Mukhopadhaya, J. 1. The petitioner has challenged the order dated 24-9-87 passed in Revision Case No. 2258/84 with 3413/86 by Joint Director of Consolidation, Patna under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Act), whereby and whereunder the appellate order and the order passed by the Consolidation Officer were set aside. 2. In this case, the dispute relates to right and title in respect of land measuring 15.41 acres appertaining to khata No. 159 situated in village Banahi, P. S. Shahpur Anchal Bihiyan in the district of Bhojpur. 3. The case of the petitioner, in brief, is that the land originally belonged to Maharaja Radhika Raman Pd. Singh of Surajpura which was settled with the family of petitioner by unregistered patta in the year 1940. It was so executed in the name of deceased respondent No. 4 (now substituted by heirs), he being karta of the family and full brother of the petitioner. Af...
Tag this Judgment!Radha Devi and ors. Vs. Ajay Kumar Sinha
Court: Patna
Decided on: May-13-1998
M.Y. Eqbal, J.1. This Revision application has been filed by the defendants-tenants under Section 14(8) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the said Act') against the judgment and decree dated 30.7.1997 passed by Munsif, I, Begusarai in Title Suit No. 9 of 1992. By the said judgment and decree, the aforesaid suit filed by the plaintiff has been decreed on the ground of personal necessity.2. The facts of the case are as follows. The plaintiff-opposite party filed the aforesaid suit for eviction of the defendants from the suit premises, which is a land and house comprised within the survey plot No. 652 under Khata No. 152 situated at Begusarai. The plaintiff said to have purchased the said plot along with other Khesra which is compact block having residential house thereon. The plaintiff's case is that the defendant is a tenant in respect of the house standing on a portion of the aforesaid plot on monthly rent of Rs. 400/-. The ...
Tag this Judgment!Ram Barai Rai and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: May-12-1998
Ravi Nandan Sahay, J.1. By judgment pronounced on 25.3.1985 in Sessions Trial No. 264/87 of 1982-83, the 6th Additional Sessions Judge, Patna convicted the appellants of two sets of appeal for the offence punishable under Section 302/149 Indian Penal Code and sentenced to imprisonment for life. Two of the appellants, namely, Nawal Rai and Vali Rai (appellants in Cr. Appeal No. 242 of 1985) were convicted under Section 27 Arms Act but no separate sentence has been, passed.2. The prosecution case has been set out in para-2 of the judgment under appeal as follows:2. The case of the prosecution, as made out in the statement of PW 3 (informant), in short is that, (on 19.9.1981 at about 3.30 p.m. while the informant, Ashok Kumar Singh, his uncle Ambika Singh and Parmeshwar Singh were returning from village Daudpur and when they had arrived near Heera Tola Badhar, accused Ram Barai Rai suddenly came out of a Masuria (Millet) field and caught hold of the waist of Ambika Singh. He gave a call ...
Tag this Judgment!Jindal Strips Limited Vs. Hitek Industries (Bihar) Limited
Court: Patna
Decided on: May-12-1998
Prasun Kumar Deb, J.1. This is an application under Sections 433(e), 434(1)(a) and 439(1)(b) of the Companies Act, 1956 (hereinafter to be referred to as 'the Act'), for winding up of the opposite party Company. The opposite party i.e. Hitek Industries (Bihar) Limited is a Company incorporated and registered as a Public Company and its registered office is situated at Mahilong, Ranchi.2. The main objects of the petitioner Company is to do business in different fields of Industries. The petitioner is manufacturer of C.R.C.A. Sheet, Coil, Cold Rolled Sheet concealed annealed etc., and it was placed with orders by the opposite party Company for C.R.C.A. Coils under Invoice/Bill No. 8288, dated 31.3.1993 for 30,000.00 M.T. at various rates inclusive of freight charges aggregating to Rs. 5,03,802/- including Excise duty etc. The said invoice/bill is contained in Annexure-1 to this Company petition. The goods were supplied and then bills were submitted and the same was to be paid by the op...
Tag this Judgment!Ram Lakhan Singh Etc. Etc. Vs. the State of Bihar
Court: Patna
Decided on: May-11-1998
Sachchida Nand Jha, J.1. These three appeals arising from the judgment and order of the 1st Additional Sessions Judge, Gaya, in Sessions Trial No. 43/21 of 1977/85 have been heard together and are disposed of by this common judgment.2. There are 14 appellants in Criminal Appeal No. 171 of 1986 out of whom appellant No. 1 Ram Lakhan Singh, appellant No. 9 Amerika Singh, appellant No. 12 Ugrah Singh and appellant No. 14 Baudhi Dusadh are said to have died during the pendency of the appeal. An affidavit sworn by Arjun Singh describing himself as a relative has been filed. Each of the appellants has been convicted under Section 302/149 of the Penal Code and sentenced to imprisonment for life for being the members of unlawful assembly, the common object of which was to commit the murder of Sakal Manjhi and in prosecution of which the said Sakal Manjhi was murdered on 3-11-70 at 11 p.m. in village Lodipur within Ghoshi Police Station of Gaya (now Jehanabad) District. Appellants Ram Lakhan ...
Tag this Judgment!Ram Lakhan Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: May-11-1998
S.N. Jha, J.1. These three appeals arising from the judgment and order of the 1st Additional Sessions Judge, Gaya, in Sessions Trial No. 43/21 of 1977/85 have been heard together and arc disposed of by this common judgment.2. There are 14 appellants in Criminal Appeal No. 171 of 1986 out of whom appellant No. 1 Ram Lakhan Singh, appellant No. 9 Amerika Singh, Appellant No. 12 Ugrah Singh and Appellant No. 14 Baudhi Dusadh are said to have died during the pendency of the appeal. An affidavit sworn by Arjun Singh describing himself of a relative has been filed. Each of the appellants has been convicted under Section 302/149 of the Penal Code and sentenced to imprisonment for life for being the member of unlawful assembly, the common object of which was to commit the murder of Sakal Manjhi and in prosecution of which the said Sakal Manjhi was murdered on 3.11.1970 at 11 p.m. in village Lodipur within Ghoshi Police Station of Gaya (Now Jehanabad) District. Appellants Ram Lakhan Singh, Shy...
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