Patna Court February 2001 Judgments
Mahanth Ram Kishore Das and ors. Vs. Bihar State Board of Religious Tr ...
Court: Patna
Decided on: Feb-14-2001
P.K. Deb, J.1. This revision petition has been preferred against the concurrent findings of both the Courts below regarding the injunction.2. The petitioners filed Title Suit No. 11 of 1996 for a declaration that the trust of the family deity was a private trust and the lands mentioned in Schedule-'1' and Schedule- '2' are respectively properties of the private trust of the Plaintiffs and the defendants-respondents, that is, Bihar State Board of Religious Trusts and others have no control for supervision over the private trusts and the plaintiffs had further prayed for permanent injunction restraining the defendants from interfering with the property of the plaintiffs and the private deity of the family concerned. During the pendency of the suit, Plaintiff No. 13, Mahanth Ram Kishore Das, Chela and Wares of the late Mahanth Nand Kishore Das filed a petition for temporary injunction to restrain the defendants from interfering with the possession of the plaintiffs-appellants over the su...
Tag this Judgment!Kameshwar Prasad Singh Vs. Rajendra Upadhya and anr.
Court: Patna
Decided on: Feb-14-2001
S.N. Pathak, J.1. This miscellaneous case is directed against the order dated 3rd September, 1993 passed by the 2nd Additional District Judge (Claims Tribunal), Vaishali at Hajipur in Misc. Case No. 5 of 1993.2. The aforesaid Misc. Case was filed in the Court of 2nd Additional District Judge. Vaishali in Claim Case No. 16 of 1984. This claim case was decided ex parte against the appellant before this Court. When the appellant filed application for setting aside the ex parte award passed in the claim case, a Misc. case was registered (Misc. Case No. 5 of 1993) and this Misc. case was dismissed on preliminary issue of law of limitation.3. It was submitted before me that in the claims case, there was no proper service upon the appellant and, therefore, when he filed the Misc. case upon knowledge regarding the ex parte award, this Misc. case should have been heard on merit, in spite of the bar imposed by time-limit.4. It was submitted before me by the appellant's lawyer that in the first ...
Tag this Judgment!Krishna Devi-devi Prasad Kejariwal Matri Sadan Vs. State of Bihar and ...
Court: Patna
Decided on: Feb-14-2001
N. Pandey, J.1. This writ petition has been filed for quashing the Notification dated 6-9-1990 issued by the State of Bihar in exercise of its power conferred by clause (a) of Sub-section (i) of Section 3 of the Minimum Wages Act (hereinafter) to be referred to as the Act) fixing the minimum rates of wages as specified in clause (iii) of the Schedule annexed therewith against each category of employees employed in the 'private hospitals, nursing homes and clinics' in the whole of the State of Bihar. A prayer has also been made for quashing the order of the Joint Labour Commission dated 8-4-1991 (Annexure-7) and yet another order dated 3-5-1991 (Annexure-8) whereby while rejecting the representation of the petitioner, a direction was issued for implementation of the Notification with respect to the employees of the petitioner-hospital.2. In short, the case of the petitioner is that Krishna Devi-Devi Prasad Kejariwal, Matri Sadan, Muzaffarpur is a charitable institution established unde...
Tag this Judgment!Raj Kumar Ram Vs. Ram Karan Mochi and anr.
Court: Patna
Decided on: Feb-13-2001
Someshwar Nath Pathak, J.1. This appeal has been preferred against the decision in Succession Case No. 12 of 1990 which was handed down by Sri Sohailur Rahman, 1st Additional District Judge, Darbhanga.2. The respondents of this appeal had filed the aforesaid succession case for grant of Succession Certificate in their names upon the death of Sri Sardar Vidya' Singh, their brother, who was working as peon in the Health Department of Dalsingsarai Block. The deceased had died on 25th April, 1988, at Mohalla Kathalbar P.S. Lalit Narayan Mithila University, Darbhanga. The respondents claimed succession on the basis of their relationship with the deceased as full brothers. This Succession Certificate was contested by appellant Raj Kumar on the ground that the deceased was unmarried and he had adopted the appellant as his son. The Additional Judge, however, disbelieved the story of adoption and granted Succession Certificate in the names of the respondents.3. The decision of the trial Court ...
Tag this Judgment!Sushil Kumar Karan Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-13-2001
Aftab Alam, J. 1. This writ petition arises from a controversy relating to the settlement of the sandghats of river Batane (up to village Jamhore, including Jevanbigha, Munshibigha and Dhawa Dhanav) falling in the district of Aurangabad. The sand ghats in question, remain unsettled and the petitioner has come to this Court seeking a direction to the District Magistrate, Aurangabad to refund the sum of Rs. 5,63,615/- deposited by him as security money for taking part in the bid. 2. An advertisement was issued on 13-12-2000 for settlement of a large number of sand ghats for a period of one year commencing from 1-1-2001. The sand ghats, forming the subject-matter of this writ petition, were at serial No. 7 in the advertisement and the reserve jama for those sand ghats was shown as Rs. 56,36,150/-. The advertisement stipulated that persons desirous of taking part in the bid for the settlement of the ghats should deposit a sum forming 10% of the reserve jama. The bid was to take place on...
Tag this Judgment!Ram Nandan Sao Vs. State of Bihar and anr.
Court: Patna
Decided on: Feb-13-2001
Indu Prabha Singh, J.1. This application in revision filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short 'the Code') is directed against the order dated 8.12.1998 passed in Case No. 59M/85 by Shri R.P.S. Singh, J.M. 1st Class, Lakhisarai as also for quashing the entire proceeding of Case No. 59M/85.Criminal Misc. No. 6579 of 1992 :So far as Criminal Misc. No. 6579/92 filed under Section 482 of the Code is concerned, it is directed against the order dated 23.3.1992 passed in Cr. Rev. No. 144 of 1991 by Sri Ram Prabodh Singh, II Additional Sessions Judge, Munger by which he confirmed the order and judgment dated 3.4.1991 passed by Shri Ravindra Patwari, J.M. 1st Class, Munger under Section 125 of the Code. Both these cases were heard analogous and this judgment will govern both of them.2. The petitioner in Criminal Revision No. 28 of 1999 is husband and opposite party No. 2 has claimed to be his first wife. It appears that opposite party No. 2 had filed Co...
Tag this Judgment!Ram Sakhi Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-12-2001
Radha Mohan Prasad, J.1. In this writ petition, the petitioner, who is the mother of Rajesh Umar alias Raju Yadav, has sought for a direction to the respondents to pay compensation of Rs. 5 lakh for custodial death of his said son.2. In short, the case of the petitioner is that her said son died on brutal assault by the Excise officials at the place from where he was arrested and also while he was in Excise Hazat till produced before the Chief Judicial Magistrate, Patna on 19th February, 2000. In support of this, petitioner has relied upon photograph of the deceased taken by a Photographer (Annexure 1)(as. claimed) and the news items published in the newspaper on 22.2.2000 (Annexure 2 series). It is alleged that the petitioner gave written report to the Officer-in-Charge, Kadamkuan Police Station for registering a case under Section 302, IPC but the police gave undue pressure and by threatening her obtained her signature and also the signatures of her family members on a blank paper. ...
Tag this Judgment!The Chairman, B.S.E.B. and ors. Vs. Magadh Re-rolling Mill and ors.
Court: Patna
Decided on: Feb-08-2001
S.N. Pathak, J.1. This Miscellaneous Appeal is directed against the order dated 4th May 1993 passed by the sub-ordinate Judge-I, Nawadah in Title Appeal No. 58 of 1992. The defendants of the suit are appellants here.2. The suit was filed by the respondents seeking a declaration that they were not liable to pay dues the tune of Rs. 5,41,965.10 to the Electricity Department without adjusting the amount as compensation for non-supply of regular electric energy to the Industry of the plaintiff-respondent. It was also averred in the plaint that the certificate proceedings initiated by the appellants was time-barred and, hence, the appellants were not entitled to recover the amount, through certificate proceedings and ad interim stay order was also sought for in the suit.3. The lower Court, on a petition under Order XXXIX, Rule 1 C.P.C., passed the impugned order.4. Before me, it was submitted that under Section 46 of the Public Demand Recovery Act, jurisdiction of the Civil Court was barre...
Tag this Judgment!Mohd. SirajuddIn and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-08-2001
Sachchidanand Jha, J.1. The petitioners in each of these cases are aggrieved by their repatriation from the Rural Development Department, to be precise, from the post of Block Development Officer to the Agriculture Department, which is their parent department vide notification No. 9839 dated 27.11.2000 of the Rural Development Department. The grievance and the controversy being the same the cases have been heard together and are disposed of by this common order.2. The facts of the case may be mentioned from the record of C.W.J.C. No. 13661/2000 which has been argued as the representative case. The case of the petitioners is that scale of the post of Agriculture Inspector/Agriculture Graduates was revised from Rs. 850-1,360 to Rs. 1,000-1,820 upon upgradation of the 1423 posts of Bihar Subordinate Agriculture Service and merger in the Bihar Agriculture Service Class II. They were allowed the replacement scale of Rs. 2,200-4,000 pursuant to the recommendation of the 5th Pay Revision Com...
Tag this Judgment!Hira Lal Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-07-2001
Sachchidanand Jha, J.1. The petitioner is aggrieved by notification No. 346 dated 14.1.2000 by which he has been repatriated to his parent department, namely, Agriculture Department. His services had been placed at the disposal of the Rural Development Department by the Agriculture Department on 30.12.1996. After deputation, he was posted as Block Development Officer on 30.6.1998.2. It appears that similar repatriation order was passed against the petitioner on 3.11.1999 which he challenged before this Court in C.W.J.C. No. 11534 of 1999. By order dated 20.12.1999, this Court observed that the matter relating to period of deputation cannot be looked into in writ jurisdiction and the petitioner was at liberty to raise his grievance before the competent authority. It is pertinent to mention here that the said writ petition seems to have been argued on the premise that the period of deputation was three years and, therefore, his repatriation was premature. Be that as it may, pursuant to ...
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