Patna Court March 2000 Judgments
State of Bihar and anr. Vs. Janki Bhuiyan and ors.
Court: Patna
Decided on: Mar-07-2000
G.S. Chaube, J.1. This second appeal has arisen from order dated 2.4.98 of the District Judge of Hazaribagh, declining to condone the delay in filing of Title Appeal No. 5/97 against the judgment and decree of the trial Court in Title Suit No. 4./95 and consequently, dismissing the appeal aforesaid as barred by limitation.2. It appears that the plaintiffs/respondents 1 to 16 had instituted Title Suit No. 4/95 in the Court of the Subordiante Judge at Chatra for declaration of their title in respect of 22 acres land of plot Nos. 10 and 1148 of khata No. 150 situated at Barisakhi and for permanent injunction restraining the present appellants and respondent Nos. 17, 18 and 19 from interfering with the peaceful enjoyment of the plaintiffs of the said lands. Their case was that their ancestors Bandhan Bhuian, Ganesh Bhuian, Dhanu Bhuian and Bhaura Bhian @ Moti Bhuian had taken settlement of 62.23 acres of gairmajarua land of plot No. 1148 and 44.70 acres of gairmajarua land of plot No. 10 ...
Tag this Judgment!Kapildeo Singh and ors. Vs. Ramraj Singh and ors.
Court: Patna
Decided on: Mar-07-2000
S.N. Pathak, J.1. This revision is directed against the order dated 1.5.99 passed by the learned Additional District Judge IVth, Aurangabad, in Title Appeal No. 31/93.2. The relevant facts are that the plaintiff-opposite parties filed Title Partition Suit No. 20 of 1987/40 of 1990, In this suit, preliminary decree was passed, subsequently there was an appeal by the defendant, revisionists. During the pendency of this appeal, there was a petition by the plaintiff-opposite party for addition of one Sharda Devi as party to the appeal. The learned Additional District Judge by the impugned order allowed this petition and he also directed framing of a fresh issue regarding the property as given in Schedule III of the plaint to effect 'Whether the property of Schedule 3 is the self-acquired property of Sharda Devi or it was acquired from the joint family fund'. It was submitted by the revisionists that similar petition for addition of the party was rejected earlier by order dated 4.6.98 and ...
Tag this Judgment!Hari Krishna Prasad and ors. Vs. Shyama Kant Ram and ors.
Court: Patna
Decided on: Mar-07-2000
R.N. Sahay, J.1. This appeal, by the plaintiffs in the suit, is against the decree of 5th Addl. Sessions Judge, dated 27th March, 1985, whereby the plaintiffs' appeal against the decree of the Munsif dismissing the suit for redemption of usufructuary mortgage-bond dated 6.5.1914 and for restoration of possession of entire property described in Schedule-A of the plaint was affirmed.2. The relevant facts stated as follows. Bansi Ram, Murai Ram and Ajodhya Ram were the owners of 8 decimals of land of plot No. 2827 situated at Barbigha. On 8.1.1914, they executed a mortgage-bond to Chetan Ram and put him in possession. Chetan Ram transferred the mortgage deed to Amirchand Ram by registered deed. Amirchand Ram also transferred his mortgage deed to Shiva Prasad Lai. The latter transferred the mortgage deed to Dhaka Ram who was the ancestor of the defendants. Dhaka Ram died about 30 years ago from the date of institution leaving behind his sons Harangi Ram, Damodar Ram, Ram Jiwan Ram, Ramand...
Tag this Judgment!Sheikh AllauddIn and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-06-2000
Narayan Roy, J.1. Heard learned Counsel for the petitioners. However, no one appears on behalf of the respondents.2. The orders as contained in Annexures 1 and 2 passed by the Divisional Commissioner, Santhal Pargana and the Deputy Commissioner, Dumka are under challenge whereby and whereunder the order passed by the Sub-divisional Officer, Jamtara as contained in Annexure-3 has been set aside.3. It appears that the petitioners applied for settlement of wasteland under the provisions of Section 28 of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 (hereinafter referred to as 'the Act'). The Sub-divisional Officer after making inquiry from the Circle Inspector settled the land in question with the petitioners one acre each in exercise of its power under Section 28 of the Act. The order passed by the Sub-divisional Officer was challenged before the Deputy Commissioner, Dumka saying that the petitioners were not the jamabandi raiyats of the village, in question and, the...
Tag this Judgment!Smt. Meena Devi Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Mar-06-2000
Shiva Kirti Singh, J.1. Heard the parties.2. The petitioner is widow of a Class IV employee of a Government Company which was earlier known as Mica Trading Corporation of India Limited. Upon death of her husband in January 1995, the petitioner applied for appointment on compassionate basis on 18.5.1995. The said application was followed by further representations but her claim was rejected by an order dated 6.10.1995 contained in Annexure-1. The petitioner, in fact, wants quashing of the order contained in Annexure-1 and direction to the respondents to appoint her on compassionate ground.3. Admittedly, Mica Trading Corporation of India Limited was a Government company which had become sick some time earlier to death of petitioner's husband and hence since 1991 a decision was taken not to appoint any person even on compassionate ground. Subsequently, on account of intervention by the Board of Industrial and Financial Reconstruction (in short 'BIFR'), the Mica Trading Corporation of Ind...
Tag this Judgment!Smt. Meera Devi and ors. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Mar-06-2000
Radha Mohan Pd., J.1. In this writ petition, the petitioners who are widow and minor sons of late Pawan Kumar Singh of Fifth Bihar Regiment, has sought for issuance of a writ in the nature of mandamus commanding the respondent-authority to pay death-cum-retirement benefits including arrears of salary, family pension and all other legal dues.2. During the pendency of this writ petition pursuant to the order dated 28.10.1998, the petitioners have been paid certain amounts on account of final settlement, army force provident fund and army group insurance. However, they have not been paid other dues like family pension, gratuity, etc.3. In short, the relevant facts are that the deceased employee while in service of Fifth Bihar Regiment left the station without sanction of leave on 15.10.1996 and on 2.11.1996 he met with fatal train accident by Vaishali Express while he was returning from his field crossing the railway line. Further case of the petitioner is that the authorities were infor...
Tag this Judgment!Shree Durga Iron Mill Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-06-2000
S.K. Katriar, J.1. This Writ Petition has been preferred with the prayer to issue a writ in the nature of mandamus, commanding the respondents to sanction and disburse the amount of capital investment subsidy in accordance with the Industrial Policy No. 13730, dated 1.9.1986, amounting to Rs. 3,41,850/-. During the pendency of this Writ Petition, and on account of the order dated 5.5.1998 of this Court, a sum of Rs. 1,91,250/- has already been sanctioned and disbursed and therefore, this Writ Petition now survives for the balance amount of Rs. 1,50,600/-along with consequential reliefs.2. The petitioner is a partnership firm and is represented before this Court through one of its partners. It set up a Rerolling Iron Mill at Baidyanathpur, Deoghar, District Deoghar, and for which respondent No. 5, the Bihar State Financial Corporation (hereiafter referred to as 'the Corporation'), had sanctioned and disbursed a sum of Rs. 22.80 lacs to the petitioner as term loan. The State Government,...
Tag this Judgment!Ram Roy and ors. Vs. State of Bihar
Court: Patna
Decided on: Mar-06-2000
R.N. Prasad, J.1. The appellants have preferred this appeal against the judgment and order dated 22.6.1987 passed by 3rd Addl. Sessions Judge, Madhubani in S.T. No. 57/81 of 1980/85 whereby the appellants have been convicted for the offence under Sections 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life. Appellant Nasib Lal Roy has further been convicted for the offence under Sections 147 & 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonments for three months and one month respectively.2. The prosecution case is that Mahanth Tilak Bhagat gave his fardbeyan that an incident took place on 24.1.1978 at about 11 p.m. At the relevant time, he along with Raj Kumar Sah, Laxmi Sah and Rajendra Sah after taking food were lying on the varanda of the northern room of the Math. Rajendra Sah and Raj Kumar Sah were expected to return to their house. The reason of assemblage was distribution of land of village Got Parsahi among the people by mem...
Tag this Judgment!Prof. Sheo Prakash Singh Vs. the Secretary, Governing Body, Jublee Col ...
Court: Patna
Decided on: Mar-03-2000
P.K. Sinha, J.1. Heard learned Counsel for the plaintiff/decree-holder/petitioner (petitioner, in short) and the learned Counsel for the defendants/judgment debtors/opp. parties (opp. parties, in short).2. This petition is directed against the impugned order dated 31.3.99 reported by the learned Subordinate Judge, 4th Court, Hazaribagh, in Execution Case No. 5 of 1997, by which a petition filed by the opp. parties was decided on that very date for recall of the order of attachment of Savings Bank A/c No. 7289 and Fixed Deposit A/c No. 20/21 dated 2.10.94, which were attached earlier under orders of the learned lower Court to facilitate due satisfaction of the Money Decree that was passed in the connected Money Suit No. 7/91.3. It may be mentioned that the opp. parties axe the office-bearers of Jublee College, Bhurkundain the district of Hazaribagh.4. Learned Counsel for the petitioner has attacked the impugned order on two grounds. The first ground is that this order was passed on the...
Tag this Judgment!Tarkeshwar Prasad Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Mar-03-2000
Radha Mohan Prasad, J.1. In this writ application, the petitioner is aggrieved by the order contained in Annexure-9 whereby he has been granted three advance increments from 1.4.1976 instead of 25.2.1973 and also by denial of three advance increments by virtue of fixation of his pay on the re-designated post of Accounts Assistant and the consequential wrong fixation of his pensionary benefits.2. In short, the relevant facts are that initially the petitioner was temporarily appointed as Bill Collector on 31.1.1970 and later on substantive basis against permanent post on 29.11.1975 and confirmed in that capacity with effect from 31.12.1972. He passed the departmental examination held on 25.2.1973. In the year 1976, the Board framed Rules named as Subordiante Accounts Service Recruitment, Promotion and Cadre Rules, 1976 and by virtue of Rule 13(iv) all the Bill Collectors were redesignated as Accounts Assistants and under Rule 13(v) their salary was fixed. Accordingly, the petitioner bec...
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