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Patna Court April 2001 Judgments

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Apr 04 2001

Laxmi NaraIn Lal @ Lakshmi Nar Vs. Ramesh Chandra Purbey

Court: Patna

Decided on: Apr-04-2001

S.K. Katriar, J.1. The defendants are the appellants against the judgment of affirmance. This appeal is directed against the judgment dated 10-4-2000, passed by the 1st Additional District Judge, Samastipur, in Eviction Appeal No. 6/1992/2/ 2000 (Laxmi Narian Lal @ Laxmi Narayan Lal and Ors. v. Ramesh Chandra Purbey), whereby the appeal at the instance of the defendants has been dismissed and the judgment dated 29-2-1992, passed by the learned Munsif, Civil Court, Rosera, in T.S. No. 84 of 1982 (Ramesh Chandra Purbey v. Most. Chandra Kala Devi), and the consequent decree has been upheld.2. The plaintiffs instituted the aforesaid suit for eviction of the defendants from the suit property. According to the plaitiff's case as set out in the plaint, he had inducted the defendants in the suit property as tenants in 1957 on a monthly rental of Rs. 11/-. Surya Narayan Lal was the common ancestor of the defendants, and was the Patwari of Ram Bilas Purbey, the ex-intermediary. Surya Narayan La...


Apr 04 2001

Bhopal Singh and ors. Vs. Nagendra NaraIn Singh and ors.

Court: Patna

Decided on: Apr-04-2001

S.K. Katriar, J.1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'), has been preferred by the plaintiffs, and is directed against part of the order dated 6-9-2000, passed by learned Subordinate Judge, llnd Court, Muzaffarpur, in Partition Suit No. 94 of 1981, (Bhupal Singh and Ors. v. Nagendra Narain Singh and Ors.), whereby the plaintiffs' application purported to be under Section 34 of the Act has been rejected.2. The plaintiffs-appellants instituted the aforesaid suit for partition of family properties. The parties agreed to have the issues adjudicated through arbitration outside the Court through Panchnama and referred the dispute for decision by arbitration and award. Accordingly, the Arbitrator gave the award dated 21-5-99, which was filed in the Court on 24-5-99. The Court gave copies of the award to the parties on 4-6-99. The plaintiffs filed an application before the Court in the Partition Suit, purported to be...


Apr 03 2001

Bihar Police Men's Association and Ors. Vs. State of Bihar and Ors.

Court: Patna

Decided on: Apr-03-2001

Aftab Alam, J.1. For appointment as constables in the Bihar Military Police-16, applications were invited from ex-Service men by advertisement (Annexure 6) published in the daily 'Aaj' of November 6, 2000. By order, dated 15-1-2001 (Annexure 7) issued by the Deputy Inspector-General, Police (Human Rights), a committee was constituted for making selection for appointment on the vacant posts of constable in B.M.P. 16. In that order, it is also stated that appointment to the vacant posts of constables in Bihar Military Police 16 will be made following the law of reservation as enacted by the Government of Bihar.2. The Bihar Police Men's Association and the Association's Mantri who are petitioners 1 and 2 respectively feel aggrieved by the order, dated 15-1-2001 insofar as it states that appointments will be made following the law of reservation as in existence in this State.3. Mr. Vinod Kanth, learned Senior Counsel appearing on behalf of the petitioners stated that following a decision ...


Apr 03 2001

Jitendra Prasad Singh Vs. the Bihar State Electricity Board and ors.

Court: Patna

Decided on: Apr-03-2001

Shiva Kirti Singh, J.1. Heard the parties.2. Petitioner has filed this writ application for a writ of Mandamus to command the respondents to reinstate him in service on the ground of his acquittal in a criminal case by an appellate Court's order dated 14-7-1999.3. Some relevant facts which are not in dispute as well as some of the documents on record disclose that petitioner was engaged on ad hoc basis for training and operation in a power sub-station of Bihar State Electricity Board (hereinafter referred to as the Board) on 17-11-1984. He was directed to submit original ITI certificate of Electrical trade as well as Matriculation certificate along with original marks-sheet. As appears from Annexure-2, petitioner obtained provisional appointment on the post of Switch Board Operator Grade-II on 6-2-1985 after producing the aforesaid documents. It further appears from Annexure-3 that the authorities of the Board in course of verifying the genuineness of petitioner's certificate from the...


Apr 02 2001

State of Bihar and ors. Vs. Oswal Chemicals and Fertilizers Ltd. and o ...

Court: Patna

Decided on: Apr-02-2001

Nagendra Rai, J. 1. The State of Bihar and its officers, namely, the Agriculture Production Commissioner and Director of Agriculture are the appellants and they have filed the present appeal under Clause 10 of the Letters Patent of the Patna High Court against the order dated 22-6-1999 (reported in AIR 2000 Patna 19) passed by a learned single Judge, by which, he has set aside the orders passed by the Registering Authority and the appellate-authority under the provisions of the Fertiliser (Control) Order, 1985, (hereinafter referred to as the 'Control Order'), cancelling the certificate of registration granted to the respondents to carry on the business of selling fertiliser under E.C.A, quota as wholesale dealer in the State of Bihar. 2. Respondent No. 1 is a Company registered under the Companies Act and respondents No.2 and 3 are the Director and employee of the said Company. They filed the writ application for quashing the order dated 29-3-1999 by appellant No. 2 the Agriculture ...


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