Patna Court July 1998 Judgments
Mahanth Bhagat and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-16-1998
S.J. Mukhopadhaya, J.1. The petitioners have challenged the orders dated 19-10-1996 (Annexure 4); 10-12-1996 (Annexure-5) and 14-2-1997 (Annexure-6) whereby and where under the settlement earlier made in favour of the petitioners have been cancelled and such order has been affirmed by appellate authority and revisional authority.2. The dispute, in the present case, relates to 3 bighas of land appertaining to R.S. Plot No. 93 Khata No. 246 situated in Mauja Sakhe Ramaas. The aforesaid land was settled by Hathuwa Raj with the petitioners and his bother Kawaldhari on 15-12-1943. They were put in possession over the same and on payment, granted receipts by ex-landlord. After vesting, Jamahandi No. 75 was created in the name of petitioner since when on payment, State of Bihar granted receipts (Vide Annexure-1 series).It appears that one Md. Sahabuddin Ansari filed a petition for cancellation of Jamabandi, which was registered as Misc. Case No. 18/6 of 1988-89. Initially, on local inspectio...
Tag this Judgment!Smt. Krishna Pati Devi ors. Vs. the State of Bihar ors.
Court: Patna
Decided on: Jul-16-1998
1. This L.P.A. is directed against the order dated 23.4.1998. Shri Rajendra Prasad Singh appears on behalf of the appellants and Junior Counsel to Standing Counsel No. 7 Shri Praveen Kumar appears on behalf of the State. Since the point involved in this L.PA. is short, therefore, with the consent of counsel for the parties, this L.PA. is being disposed of finally.2. The point involved in this appeal is that if by one notification several persons are affected and jointly that notification is challenged, whether separate sets of Court fees are required to challenge that notification or one set of Court fee would be in accordance with the law.3. The learned Judge by the impugned order dated 23.4.1998 has reached to the conclusion that though by the notification all the petitioners are affected but there is difference between common interest and similar interest The interests among the petitioners are common or joint when they claim an interest as class or group. In that case only one set...
Tag this Judgment!Smt. Krishna Pati Devi and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-16-1998
B.M. Lal, C.J. and Shashank Kumar Singh, JJ.1. This L.P.A, is directed against the order dated 23.4.1998. Shri Rajendra Prasad Singh appears on behalf of the appellants and Junior Counsel to Standing Counsel No. 7 Shri Praveen Kumar appears on behalf of the State. Since the point involved in this L.P.A. is short, therefore, with the comment of counsel for the portion, this L.P.A is being disposed of finally.2. The point involved in this appeal is that if by one notification several persons are affected and jointly that notification is challenged whether separate sets of Court fees are required to challenge that notification or one set of Court fee would be in accordance with the law.3. The learned Judge by the impugned order dated 23.4.1998 had reached to the conclusion, that though by the notification all the petitioners are affected but there is difference between common interest and similar interest. The among the petitioners are common or joint when they claim an interest as Class...
Tag this Judgment!Union of India (Uoi) and anr. Vs. Assistant Labour Commissioner (Centr ...
Court: Patna
Decided on: Jul-16-1998
A.K. Ganguly, J. 1. This writ petition has been filed by the railway administration challenging the legality of the impugned order dated December 30, 1988 (Annexure-6) passed by the Assistant Labour Commissioner (Central), Patna in Case No. 3 of 1980 under the Payment of Gratuity Act, 1972.2. The short facts of this case are noted below: Respondent No. 2 Satycndra Narayan Ghosh was appointed on April 18, 1938 as an employee of the then Railway Company which later on was taken over by the Government of India and was entrusted to the North East Frontier Railway. It is alleged by the petitioner that in the year 1967 while respondent No. 2 was posted as Station Master, Jalalgarh in the district of Purnea, the allegation of misappropriation of money was levelled against respondent No. 2 and the said respondent No. 2 was placed under suspension on October 30, 1987 and a criminal case was instituted against him by the C. B. I. in the Court of the Special Judge, Patna. Subsequently a departm...
Tag this Judgment!Md. Quasim Ali and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-15-1998
Aftab Alam and. S. Dhaliwal, JJ.1. This writ petition was filed in the year 1988 on behalf of 55 persons who were aggrieved by the cancellation of their appointments as teachers in the Government Primary Schools in the district of Dumka. During the past ten years while this writ petition remained pending in this Court a majority of the petitioners were absorbed in service on the basis of directions given by this Court in C.W.J.C. No. 227/88 and the Supreme Court in S.L.P. (Civil) No. 11699/90 and analogous cases. Such of the petitioners who were absorbed in service during the pendency of this writ petition obviously do not wish to press this case any further. A few of the petitioners, however, failed to be absorbed on certain grounds and this writ petition now subsists only in so far as they are concerned.2. Mr. Bibhuti Pandey, learned Sr. Counsel appearing on behalf of the petitioners submitted that petitioners 5, 6, 18, 23, 26, 28, 39, 41, 53 and 55 were not absorbed in service on t...
Tag this Judgment!Bihar State Housing Board and ors. Vs. Sardar Singh
Court: Patna
Decided on: Jul-11-1998
1. The house in question was allotted to Sri Sardar Singh, the sole respondent in this appeal, in 1977 by the Bihar State Housing Board (hereinafter referred to as the Board) and a formal agreement in that connection was entered into in 1979, a copy of which has been filed as Annexure-3 to the writ petition. The price of the house as quoted in the agreement was Rs. 56,526/-. In paragraph No. 4 of the said agreement, it was mentioned that the price quoted therein is tentative and the same is likely to be increased if the cost of construction, development, etc. goes up. In 1994, a demand notice for Rs. 62,706/- was issued to the respondent, against which he filed C.W.J.C. No. 2556 of 1974 (R), which was disposed of with a direction to the Board to decide his representation. The Board has rejected the representation by order dated 31.5.1995. Being aggrieved by the said order the respondent filed C.W.J.C. No. 145 of 1996 (R), which was allowed by the learned Single Judge vide judgment dat...
Tag this Judgment!Kaushalya Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-10-1998
1. This writ petition for habeas corpus has been filed by the petitioner for production of his son, Suraj Bhan Singh, on account of illegal detention by the Police.2. It is alleged that the petitioner's son, Suraj Bhan Singh, has been detained by the Police as Lallan Jha son of Shibu Jha with ulterior motive to kill him. However, in supplementary affidavit it has been stated that the petitioner's son, Suraj Bhan Singh, himself has given out his name as Lallan Jha when he was arrested by Police on 10.5.1998 in Laheri P.S. 61 of 1998 under Section 420 of the Indian Penal Code and Section 11 of the Gambling Act It is alleged that the petitioner's son gave false name as Lallan Jha on account of apprehension that on disclosure of correct name he would be liquidated According to the averments made in the supplementary affidavit it is borne out that the petitioner's son is being detained in Judicial Custody not only in the said Laheri P.S. Case No. 61 of 1998 but also in Mokamah (Patna) P.S ...
Tag this Judgment!Chandan Paswan Vs. State of Bihar
Court: Patna
Decided on: Jul-10-1998
Aftab Alam, J.1. There is single appellant before this Court who stands convicted under Sections 376 and 366 of the Penal Code and sentenced to undergo rigorous imprisonment for seven years and five years respectively under the two counts. The sentences are directed to run concurrently.2. The prosecution case was instituted on the basis of the written complaint (Ext. 2) submitted by the prosecutrix Pawan Rekha Devi P.W. 6 to the Superintendent of Police, Codda on 27-1-1997. The Superintendent of Police sent her along with her written complaint to Meharma P.S. where on 28-1-1997, at 2.15 p.m., a formal first information report was drawn up incorporating the written complaint and giving rise to Meharma P.S. Case No. 6 of 1997'3. In her written complaint the prosecutrix stated that on 16-1-1997 at about 4 p.m. while she had gone to the washerman's shop, the appellant forcibly abducted her on the point of a pistol and carried her to a nearby sugar cane field. There he-kept her detained fo...
Tag this Judgment!In the Goods of Late Binapani Nag Vs. Asit Kumar Nag
Court: Patna
Decided on: Jul-10-1998
S.N. Jha, J.1. This is an application for grant of Letters of Administration of the will dated 22.2.74 with respect to the estate of Late Binapani Nag, widow of Late P.K. Nag of Jamal Road, Patna town. Smt. Binpani Nag, as indicated above, executed will with respect to immovable property as fully described in the schedule appended to the will, bequeathing the same to the petitioner Asit Kumar Nag, her grandson (son of her eldest son Dr S.K. Nag). The will was presented for registration before the registering authority at Patna on the same day and was registered in due course. On 24.6.92 she died.2. This application seeking Letters of Administration was filed through Dr. Suhrit Kumar Nag holding power of attorney on behalf of Asit Kumar Nag on 26.3.97. The application was duly advertised in the newspapers. Notices were also sent to the near relatives cited in the application. None has appeared to oppose the grant.3. The petitioner has examined Dr. Swet Kumar Nag, Sri Sudhanshu Chandra ...
Tag this Judgment!Charku Ram Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-10-1998
G.S. Chaube, J.1. This is an application under Articles 226 and 227 of the Constitution of India for quashing two orders; one made by DCLR, Hazaribagh (Annexure-2), upholding the right of pre-emoption of respondent Nos. 5, 6, 7 and 8 under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling, Area and Acquisition of Surplus Land) Act, 1961 hereinafter to be referred to as the 'Act', and another made by the Member, Board of Revenue, Bihar, Patna, in Revision Case No. 13 of 1990 (Annexure-4) confirming the earlier order made as per Annexure-2.2. The brief facts of the case are that on the basis of a registered sale-deed dated 23.10.1984 one Laxmi Ram respondent No. 10, purchased an area of land of 9 decimals of plot No. 44 of Khata No. 9 of village Basaria, District Hazaribagh from respondent No. 9, Jitan Bhuiyan. The consideration money paid for the land was Rs. 700/-. On 28.1.1985 respondent Nos. 6, 7 and 8 as well as their full brother Riwa Ram who was originally impleaded as...
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