Patna Court July 2002 Judgments
Vishnu Sugar Mills Ltd. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Jul-30-2002
1. After the decision of the Supreme Court in re. Union of India v. The National Hydro Electric Power Corporation Ltd. and Ors. : AIR2001SC2512 , the notification dated 2.1.1992 No. G.S.R. 311 (E) in the context of this case cannot survive. A notification under the same enactment, the Water (Prevention and Control of Pollution) Cess Act, 1977 was held by the Supreme Court to be not in accordance with law in the case cited above. The notification did not see its passage through Parliament as contemplated under Section 16 of the Act. Thus, any amendment made to the Schedule by notification dated 2.1.1992 No. G.S.R. 311 (E) is not in consonance with the procedure prescribed and, thus, ultra vires.2. Respondents have submitted in their counter-affidavit to explain the manner in which the notification has been issued by implication on the observations of the Supreme Court in re- Saraswati Mills case : AIR1992SC224 . It is contended that if 'sugarcane' is not to be treated as vegetable then...
Tag this Judgment!Most. Ram Dular Devi and ors. Vs. Shri Satya Narayan Prasad and ors.
Court: Patna
Decided on: Jul-29-2002
Radha Mohan Prasad, J.1. This appeal by the defendants is against the judgment of reversal passed in Title Appeal No. 77 of 1992 by 6th Additional District Judge, Rohtas, Sasaram, setting aside the judgment passed by Additional Munsif, Bikramganj in Title Suit No. 503 of 1989.2 Briefly stated the case of the plaintiff-respondents is that plaintiff is an illiterate and pardanasin lady having no issue and her husband died leaving her as only heir. The husband of defendant-appellant No. 1, Ram Bhajan Prasad, dealing in grains, ornaments and utensils, used to visit the house of the plaintiff and developed intimacy with his family. After the death of her husband, he helped her in various ways and acquired her confidence. One Satya Narain Lai, his wife Sita Devi and Makardhwaj Lai, both distant relative of the plaintiff also come in close contact with her and started looking after the cultivation and her other affairs. In order to protect the properties from the greedy eyes of her agnates, ...
Tag this Judgment!Radha Kumari and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-29-2002
Sachchidanand Jha, J.1. The dispute in these two writ petitions relates to payment of salary and the point for consideration is whether pending enquiry as to genuineness of the appointment salary can be stopped to the employees.2. The facts of CWJC No. 11516/2001 briefly stated are that the petitioner upon successful completion of her Auxiliary Nursing and Midwifery training course at Sitamarhi and registration with the Bihar Nurses Registration Council, was appointed as Auxiliary Nurse and Midwife (ANM) on 13.12.1982. The appointment was made by the Deputy Director Health Services (Family Welfare) from a panel in which name of the petitioner was at serial No. 184. She was placed at the disposal of the Civil Surgeon-cum-Chief Medical Officer, Sitamarhi and was posted at Primary Health Centre, Belsund. Later on 7.9.1990, on her representation on the ground of her husband's posting at Baniapur in the district of Saran, her service was placed at the disposal of Civil Surgeon-cum-Chief Me...
Tag this Judgment!Shrimati Kishori Devi and ors. Vs. Nagendra Prasad
Court: Patna
Decided on: Jul-29-2002
Nagendra Rai, J.1. The tenants are the petitioners against the judgment and decree dated 31.8.2001 decreeing the suit of the plaintiff-opposite party for eviction on the ground of personal necessity in terms of Section 11(1)(c) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (for short 'the Act') by following the special procedure as provided under Section 14 of the Act.2. The plaintiff-opposite party filed a suit for eviction of the tenant-petitioners on the assertion that the house in question belonged to his mother Kunti Kuar, who died on 3.9.1982. Thereafter, there was a partition between her two sons, namely, the plaintiff and Mahendra Prasad. The suit premises consisting of one strayed Khaparpose building, comprising three rooms, one verandah, a courtyard, bath-room and latrine, fell into his share. The suit house bears municipal holding No. 354 (old), new 182, R.S.P. 226, under Khata No. 33, Ward No. 17, Muhalla Brahmantoli, town Muzaffarpur. After allotment o...
Tag this Judgment!Braj Kishore Singh Vs. Sri Raja Ram Prasad Yadav and ors.
Court: Patna
Decided on: Jul-29-2002
Nagendra Rai, J.1. This Civil Revision is directed against the order dated 30.8.2001, passed by the Munsif, Gopalganj, in Title Suit No. 423 of 1996, rejecting the petition filed by the petitioner under Order 1, Rule 10 of the Code of Civil Procedure (for short 'the Code') for being added as a party in place of the sole plaintiff-Banarasi Devi, who died on 13.7.2000 and allowing the substitution petition filed by opposite party No. 3 Dhrubdeo Singh (husband of the deceased-plaintiff) and substituting him in her place.2. The factual matrix for disposal of the present revision application are the the original plaintiff Banarasi Devi filed the suit before the Munsif, Gopalganj, for declaration of title and cancellation of exchange deed dated 3.1.1994 with respect to one and half dhurs of land bearing plot No. 129, Khata No. 2, Mauza Jangaliya in the district of Gopalganj. She died on 13.7.2000. On 11.9.2000, the petitioner filed an application under Order 1, Rule 10 of the Code for being...
Tag this Judgment!Mohd. Saud Alam and anr. Vs. Md. Salahuddin
Court: Patna
Decided on: Jul-26-2002
M.L. Visa, J.1. Criminal Appeal No. 99 of 1997 preferred by appellants Md. Saud Alam and Md. Tabrez and Criminal Appeal No. 136 of 1997 preferred by sole appellant Md. Salahuddin arise out of the same judgment dated 7.2.1997 and order dated 14.2.1997 passed by 2nd Additional Sessions Judge, Bhagalpur, in Sessions Trial No. 53/95 and therefore, both the appeals have been heard together and are being disposed of by this common order.2. All the three appellants have been convicted and sentenced to undergo RI for 14 years each under Section 5 of the Explosive Substance Act.3. The case of prosecution as disclosed in the fardbeyan of informant, SI Lallan Singh (not examined), in short is that on 3.5.1994 informant was posted as Sub-Inspector-cum-Officer Incharge of Mojahidpur Police Station within the district of Bhagalpur and on the night between 2.5.1994 and 3.5.1994 at about 3 O'clock he received information at police station from confidential sourses that appellant Salahuddin, an accuse...
Tag this Judgment!Raj Kali Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-26-2002
R.S. Garg, J. 1. Heard learned counsel for the parties.2. By this revision application the petitioner/informant, wife of the deceased is asking this Court to revise the order dated 22-1-2002 passed in Cr. Misc. No. 3/2002 passed by the learned Sessions Judge, Sitamarchi transferring the case from the Court of 3rd Additional Sessions Judge to the Court of 1st Additional Sessions Judge.3. The facts necessary for disposal of the present revision application are that a trial was pending in the Court of 3rd Addl. Sessions Judge, Sitamarhi. After some time the said 3rd Addl. Sessions Judge was transferred but Sri S.B. Singh, 1st Addl. Sessions Judge started officiating as 3rd Addl. Sessions Judge. He officiated as such upto 19th March, 2001. On 20th April, 2001, Sri Rajesh Kumar took charge of the said Court as 3rd Addl. Sessions Judge and the officiating 3rd Addl. Sessions Judge, namely, Sri S.B. Singh was appointed as full fledged 1st Addl. Sessions Judge. While acting as an officiating...
Tag this Judgment!Bharat Singh and anr. Vs. the State of Bihar
Court: Patna
Decided on: Jul-26-2002
Bal Krishna Jha, J.1. This appeal has been preferred against the judgment of conviction and sentence passed by the learned Additional Sessions Judge-XIII, Patna on 19.9.1987 in Sessions Trial No. 839 of 1986 under Sections 302/341.P.C. and Section 27 of the Arms Act. Both the appellants, namely, Lakshman Singh and Bharat Singh, have been convicted and sentenced to life imprisonment under Sections 302/34 I.P.C.. The appellant, Lakshman Singh has further been convicted and sentenced to rigorous imprisonment for two years under Section 27 Arms Act with a direction to run his sentences concurrently.2. The case of the prosecution as emerged out of First Information Report lodged by the informant, Tulsi Singh, alleging inter alia that in the morning of 2.3.1986 at about 8.30 a.m. after purchasing some articles from the village shop his brother Jugeshwar Singh was returning to his house. When he arrived in front of the Varandah of one Nathuni Singh, the appellant, Lakshman Singh opened fire ...
Tag this Judgment!Sanjay Singh Som Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-25-2002
Aftab Alam, J.1. The petitioner was the Pramukh of Daudnagar Panchayat Samiti. The total number of members in this Samiti is 40, out of which 21 are elected members. In a special meeting held on 25.3.2002 a majority of the elected members voted in favour of a motion of no confidence against the petitioner. The motion was thus passed and the petitioner was purported to be removed from the office of Pramukh in terms of Section 42(3) of the Bihar Panchayat Raj Act, 1993. He filed this writ petition on 5.4.2002 challenging the resolution adopted in the meeting of 25.3.2002, removing him from the office of Pramukh.2. Mr. S.N.P. Sharma, learned Senior Counsel appearing in support of this writ petition submitted that the requisition to convene the special meeting was signed only by 12 members of the committee. The requisition was, therefore, insufficient and the action of the Sub-divisional Magistrate in fixing the date for the special meeting on the basis of that requisition was violative o...
Tag this Judgment!Nag NaraIn Singh Vs. Mohd. Adalat HussaIn and ors.
Court: Patna
Decided on: Jul-24-2002
Radha Mohan Prasad, J.1. This appeal is against the judgment of affirmance passed in Title Appeal No. 141 of 1989/5 of 1995 by 2nd Additional District Judge, East Champaran, Motihari affirming the judgment passed by Additional Munsif, Sikrahna at Motihari in Title Suit No. 5 of 1986/47 of 1988.2. Briefly stated the case of the plaintiff-respondent No. 1 is that plot Nos. 344 and 790 having an area of 14 Katha 9 dhurs and 1 Bigha 5 Katha 6 dhurs respectively belonged to the family of plaintiffs vendor Mir Tauhid (defendant No. 7) whose father Mir Farhat died leaving behind three sons, namely, Mir Abdul Rahim, Mir Halim and Mir Tauhid. The eldest Mir Abdul Rahim died leaving behind his wife Ainulissa and four daughters, namely, Mehrunnissa (defendant No. 4), Sehrunissa (defendant No. 5), Hasmunnissa (died unmarried) and Anwari Begum (defendant No. 6). In 1938 there was oral partition in the family and the entire lands of plot Nos. 344 and 790 besides other plots were allotted to Mir Tau...
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