Patna Court February 2001 Judgments

Baijnath Tiwary and anr. Vs. Jamuna Singh

Court: Patna

S.N. Pathak, J.1. This appeal has been filed by appellants Baijnath Tiwary and Kanchan Prasad who were plaintiffs in title Suit No. 49 of 1978. The suit was decreed by Sri Surendra Kumar Srivastava, Munsif, Bettiah. Then, the defendant-respondents of this second appeal, preferred an appeal and the first appellate Court allowed the appeal and dismissed the suit. So the plaintiffs of title suit have preferred this second appeal.2. The relevant facts are that plot No. 1922 was recorded in the name of Gopichand and Bhuar Rout, full brothers and its recorded area was 10 dhurs. Accordingly, plot No. 1923 was also recorded in the name of these two brothers having an area of 4 dhurs. There was one plot, i.e., plot No. 1924, also in the suit over which the plaintiffs claimed easementary right over 3 dhurs and this easemenlary right was not in dispute between the parties. So the decision of the lower Court regarding this plot is irrelevant.3. It was the case of the plaintiff-appellants that Gop...

In Re: Kamleshwari Devi (Deceased) and Vikas Singh and ors. Vs. Devesh ...

Court: Patna

Reported in: 2001(49)BLJR736

1. This is a petition under Section 278 of the Indian Succession Act (in short 'the Act') for grant of Letters of Administration of the Will of Smt. Kamleshwari Devi, resident of Boring Canal Road, Patna. The petition was earlier registered as Testamentary Case No. 3 of 1991. After the Objector entered caveat it was converted into a suit and re-registered as Testamentary Suit No. 3 of 1996.2. The case of the petitioners, who are the grand sons of Smt. Kamleshwari Devi (hereinafter called the testatrix) and beneficiaries of the disposition, is that the testatrix was the absolute owner of land bearing plot Nos. 172. 173, 174, 175 of khata Nos. 115/588 and 14 of village Dujra, Thana Digha (now known as Boring Canal Road within Budha Colony Police Station, Patna town), purchased by her from her streedhan on 3-6-53. After the purchase she got her name mutated in the revenue records. From her savings and streedhan she constructed a double storied house which was numbered as holding No. 494/4...

Jag Narayan Singh and ors. Vs. State Bank of India and ors.

Court: Patna

R.N. Prasad, J.1. The writ application has been filed for quashing the order dated 17.5.2000 passed by the Presiding Officer, Debts Recovery Tribunal in case No. PT. 42/98 whereby the substitution petition filed by the State Bank of India-plaintiff-respondent No. 1 has been allowed.2. The State Bank of India initially filed a mortgage suit for recovery of its loan against the defendants-respondents including N.D. Singh. The suit was transferred to the Debts Recovery Tribunal pursuant to provision of Section 31 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter to be referred as the Act). The defendants-respondents appeared and were pursuing the matter. On 15.9.1999, the defendants filed a petition that defendant No. 2 N.D. Singh died on 14.1.1999, The plaintiff-Bank filed a substitution petition for substitution of legal heirs of de-eased defendant No. 2 on 16.11.1999 starting that plaintiff had no knowledge of death prior to 15.9.1999. N.D. Singh ...

Mst. Binda Kunwar Vs. State of Bihar

Court: Patna

Narayan Roy, J.1. Heard earned Counsel for the petitioner and earned Counsel for the State and also for respondent No. 5.2. The grievance of the petitioner is very limited.3. it is submitted that the revision application filed by this petitioner under Section 16 of the Bihar Tenants, Holdings (Maintenance' of Records) Act, 1973 'hereinafter to be referred to as 'Act') was only to be disposed of by the Collector of the District and since the revision application has been disposed of by the Additional Collector, the order impugned is wholly without jurisdiction.4. From the order impugned prima facie, it appears that the revision application was entertained and disposed of by the Additional Collector, West Champaran at Bettiah. Section 16 of the Act envisages that the Collector of the District may, on an application made to him in this behalf or for the purpose of satisfying himself to the legality or propriety of any order made under this Act or Rules made there under by any authority o...

Satyendra Pandey Vs. State of Bihar

Court: Patna

Indu Prabha Singh, J. 1. The sole appellant has been convicted under Section 20(b)of the Narcotic Drugs and Psychotropic Substances Act and has been sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. 1,00,000/- under Section 20(b)(ii) of the Nartotic Drugs and Psychotropic Substance Act (in short the Act). In dafault of payment of fine to undergo simple imprisonment for three years. He has been further sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 10,000/- under Section 20(b)(i) of the Act. In default of payment of fine to undergo simple imprisonment for a period of one year. Both the sentences were ordered to run concurrently.2. The prosecution case, in brief, is that the informant, Ramnath Singh (P.W.I) who was posted as A.S.I. Mufassil P.S. has stated that he proceeded for raid on 6-1-1997 at 7 A.M. along with armed force consisting of Havildar Nandlal Urao, Constable Narendra Kumar Singh and constable Ramakant Manjhi. The info...

Nathun Choudhary Vs. State of Bihar and ors.

Court: Patna

Radha Mohan Prasad, J.1. In this writ petition, the petitioner has initially challenged the validity of the order dated 2.4.1993 of the Deputy Collector (Establishment) addressed to the Executive Officer, Bihar Municipality, Bihar Sharif, contained in Annexure-1, wherein it is stated that a complaint was received from one Mahendra Prasad that even after the retirement of the petitioner he was continuing in the service of the Municipality under verbal orders of the Special Officer. As such, he asked the Executive Officer to inquire and submit a report. The petitioner has alleged that after receipt of the said letter, the Executive Officer verbally restrained him from putting his signature on the attendance register and has also restrained the petitioner from working as Tax Collector which compelled him to file the present writ petition.2. A counter-affidavit has been filed on behalf of the Executive Officer of the Municipality (respondent No. 3) in which it has been pleaded that the pe...