Patna Court January 2004 Judgments
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The Magadh University Through Its Registrar Vs. State of Bihar and anr ...
Court: Patna
Decided on: Jan-05-2004
1. The University-appellant has challenged the order dated 25.6.2003 passed by the learned Single judge in CWJC No. 2047 of 2003, by which he has quashed the order dated 5.2.2003, whereby the writ petitioner-respondent was informed that he would retire from service on reaching the age of 60 years, the age of superannuation, on 28.2.2003 and further directed that he would continue in service till the age of 62 years.2. The factual matrix for disposal of the present appeal are that the writ petitioner-respondent was appointed as Cashier in T.P.S. College under the Magadh University (for short 'the University') on 27.10.1976, in pursuance of which he joined on 1.11.1976. His date of birth entered into the Service Book is 5.2.1943. While he was in service, by order dated 5.2.2003 (Annexure 2 to the writ petition), the concerned authority of the appellant. University informed that his date of retirement was 60 years and as such he would superannuate on 28.2.2003 on attaining the age of 60...
Shri Abhay Chandra Jha Vs. Smt. Brijeshwari Devi Alias Birji Devi
Court: Patna
Decided on: Jan-05-2004
Nagendra Rai, J.1. The revision application is time-barred. After hearing learned counsel for the parties and taking into consideration the averments made in the limitation petition, I find that sufficient ground has been made out to condone the delay. Accordingly, the delay in filing the revision application is condoned and the limitation petition, thus, stands allowed.2. The tenant is the revisionist and he has filed the present revision application against the judgment and decree dated 26.9.2002 passed by the Court below decreeing the suit of the plaintiff-opposite party for eviction on the ground of personal necessity under Section 11(1)(c) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act'.3. The admitted fact is that the suit premises is a part of house No. 5-A/3, situated in Dr. Laxmi Narayan Path, near Pole Factory, North Shrikrishnapuri in the town of Patna. Holding number is 3287/1561. The building is a three storeyed bu...
Vijay Kumar Gupta Vs. Ram Naresh Singh
Court: Patna
Decided on: Jan-05-2004
Nagendra Rai, J.1. Defendant Nos. 1 and 2 are the petitioners against the order dated 18-2-2002 passed by the Subordinate Judge II, Sheikhpura, in Title Suit No. 18of 1995, rejecting their applications dated 6-12-2001 and 13-12-2001 under Order XIV Rule 2 of the Code of Civil Procedure (hereinafter referred to as 'the Code') challenging the maintainability of the suit.2. The plaintiff-opposite parties filed a suit for declaration that the appointment of defendant No. 2 petitioner as Additional Director of Barbigha Cold Storage is illegal; the appointments of Sanjiv Gupta, son of defendant No. 2 and two other persons, namely, Amoo Kumar and Janardan Singh as employees of the said Cold Storage are illegal and they are not entitled to handle any work of the Cold Storage; for grant of interim injunction restraining defendant No. 1 petitioner from making any expenses of the Cold Storage Company without the sanction of plaintiff Nos. 1 and 2 and defendant No. 3; and for restraining the defe...
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