Patna Court October 2005 Judgments
Krishna Lal Yadav and ors. Vs. Shambhu Kumar Yadav and ors.
Court: Patna
Decided on: Oct-07-2005
M.L. Visa, J.1. This appeal has been heard under Order XLI, Rule 11 of CPC alongwith IA No. 2533 of 2000 for its final disposal at that stage itself with the consent of parties.2. The appellants have filed this appeal against order dated 13.03.2000 passed by learned Sub-Judge I, Supaul in Title Suit No. 4 of 1999 issuing temporary injunction restraining the defendants/appellants from causing any disturbance and interference in possession of plaintiffs-respondents over the suit land during the pendency of the suit. The plaintiff-respondent No. 1 has filed Title Suit No. 4 of 1999 in the Court of Sub Judge I, Supaul for partition for his share out of the land described in schedule II of plaint which comprises lands of new plots No. 2470, 2473, 2738 and 2324 measuring seven kathas seven dhurs. The case of plaintiff/respondent No. 1 is that he purchased the land described in schedule II from Bhallu Yadav who was a descendant of Pyarey Gope, the common ancestor of parties and after purcha...
Tag this Judgment!Onkar Prasad Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-07-2005
Ramnandan Prasad, J.1. The petitioner has approached this Court for issuance of a writ in the nature of mandamus directing the respondents to consider the case of the petitioner for appointment on the post of Sergeant pursuant to Advertisement No. 11/82. 2. Advertisement No. 11/82 was published by the Subordinate Selection Board, hereinafter referred to as the Board, in the daily newspaper Pradeep dated 6th of February 1982 inviting applications for appointment on the post of Sub-Inspector of Police/Sergeant and equivalent post. The petitioner filed application for appointment on the post of Sergeant. He appeared in the physical test and his name was included in the list, of successful candidates. Admit card containing Roll No. 91/1708 was issued to the petitioner to appear in the written test. He appeared in the written test under the supervision of the Board. The result of the successful candidates was published in the year 1984, his roll number was not shown in the list of successf...
Tag this Judgment!Ashok Yadav and anr. Vs. the State of Bihar
Court: Patna
Decided on: Oct-07-2005
Chandramauli Kr. Prasad, J.1. This application has been filed for quashing the order dated 16-4-2003 passed by the Chief Judicial Magistrate. Munger in Dharhara P.S. Case No. 8 of 2003, whereby he has taken cognizance of the offence under Sections 302 and 120B/34 of the Indian Penal Code and 27 of the Arms Act and directed for issuance of non-bailable warrant of arrest against the petitioners.2. On the basis of a report given by one Ganesh Yadav, before the Sub-Inspector of Police, Dharhara Police Station on 7-1-2003 at 2.30 p.m. Dharhara P. S. Case No. 8 of 2003 was registered under Sections 302 and 120B/34 of the Indian Penal Code and 27 of the Arms Act. In the First Information Report 12 persons have been shown as the accused including the petitioners and one Sanjay Mishra. Police after investigation submitted final form as contemplated under Section 173 of the Code of Criminal Procedure and although forwarded six persons for trial but six of the accused persons including the petit...
Tag this Judgment!Ramanandi Devi Hindu Anathalaya Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-06-2005
Narayan Roy, J.1. Heard counsel for the parties.2. By this application, the petitioner challenges the entire land acquisition proceeding in Land Acquisition Case No. 19 of 1980-81.3. It is submitted by learned Counsel for the petitioner that initially the notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter to be referred to as 'Act') is said to have been issued, but not in the manner prescribed in law. It is further submitted that the notification under Section 4(1) of the Act was not displayed at convenient places in the said locality and the petitioner had no knowledge of the same. It is also submitted that after issuance of the notification under Section 4(1) of the Act dated 1-7-1980 a corrigendum was issued by the Collector dated 4-6-1981 making certain corrections in the date of the said notification and also of the boundary of the land, but no notification afresh was issued in terms of Section 4(1) of the Act, and, therefore, on this ground alone, the...
Tag this Judgment!Most Tunna Devi and ors. Vs. Smt. Sona Devi and ors.
Court: Patna
Decided on: Oct-06-2005
M.L. Visa, J.1. Respondents No. 1 to 6, 8 to 11 and 13 have filed IA No. 4229 of 2005 stating therein that they had filed Title Partition Suit No. 121 of 1988 claiming one-third share in suit property and suit has been decreed by learned Subordinate Judge II, Patna city and a preliminary decree has been prepared against which this appeal has been filed by the appellants who were defendants before the Court below. A survey knowing Advocate Commissioner was appointed for carving out separate takhta who submitted his report and appellants filed objection against the report and the Court below, after considering the report and objection of appellants, confirmed the report of Advocate Commissioner with certain recommendation and final decree was prepared against which appellants filed Title Appeal No. 373 of 2000 before the Court below. According to respondents, respondent No. 7 Mithilesh Gope was a minor who died on 10.02.2000 leaving behind him his mother Smt Shila Devi who is class-1 he...
Tag this Judgment!Smt. Clara Ainda Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-06-2005
Navin Sinha, J.1. The issue for determination presently would be whether the age for superannuation of those in service of the Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna, on non-teaching posts, would be 58 years or would the age of retirement applicable be 60 years.2. This Court has heard learned Senior Counsel Sri Chitranjan Sinha appearing on behalf of the petitioner, the learned Additional Advocate General No. 2 Sri Swaraj Kumar Ghosh appearing on behalf of the State and Sri Sheojee Prasad appearing on behalf of the Indira Gandhi Institute of Medical Sciences, Sheikhpura (hereinafter referred to as 'the Institute')3. The petitioner would have been appointed in the year 1984 in the Institute on the post of Assistant Nursing Superintendent. She would be superannuating on 31.8.2005 on the basis of 58 years of age. The claim in the writ application would be that she would be eligible for retirement at the age of 60 years and therefore the respondents be directed to ...
Tag this Judgment!Lalit NaraIn Singh Vs. the President, Religious Trust Board and anr.
Court: Patna
Decided on: Oct-05-2005
S. Nayer Hussain, J.1. Heard learned counsel for the petitioner, learned counsel for opposite party No. 1, Bihar State Board of Religious Trust (hereinafter referred to as 'the Board' for the sake of brevity) and learned counsel for opposite party No. 2, Sri Sri 108 Narsingh Bhagwan Trust (hereinafter referred to as 'the Trust' for the sake of brevity).2. The petitioner was sole plaintiff of Title Suit No. 244 of 1987 which he had filed for declaration of his title over the suit property, which opposite parties claim to be the property of the Trust governed by the Bihar Hindu Religious Trusts Act, 1950 (hereinafter referred to as 'the Act' for the sake of brevity). In the said suit the Trust (opposite party No. 2) and the Board (opposite party No. 1) were impleaded as defendants No. 1 and 2 respectively, but they after appearing in the suit on 13.3.1989 through their counsel, did not appear thereafter nor contested the same. In the said circumstances the plaintiff filed a petition on ...
Tag this Judgment!Shital Prasad Thakur Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-05-2005
V.N. Sinha, J.1. Heard learned counsel for the petitioner as also learned counsel appearing on behalf of the respondents.2. The petitioner who is an awardee of Ph. D degree for his research on Indian Constitution and Gandhian thought and earlier served as the Additional District and Sessions Judge, Gaya has filed the present writ petition assailing the decision of the Full Court as communicated to him by the Registrar General of this Court under Letter No. 59 dated 3.1.2002, Annexure 1 whereunder the Full Court having assessed and evaluated the services rendered by him as a judicial officer in the light of the judgment and order of the, Hon'ble Supreme Court dated 24.8. 1993, passed in review petition No. 249 of 1992 (Writ Petition No. 1022 of 1988 All Indian Judges Association and Ors. v. The Union of India and Ors., decided not to grant him the benefit of enhancement of retirement age from 58 years to 60 years. He has further prayed for a direction to the respondent authorities to a...
Tag this Judgment!Kalawati Devi (Smt.) Vs. Parmanand Mandal and anr.
Court: Patna
Decided on: Oct-05-2005
S.N. Hussain, J. 1. Heard learned counsel for the parties. Petitioner is the defendant in Title Suit No. 62 of 2001, which was filed by the opposite parties (sons of Chunni Mandal) for declaration of their title and also for declaration that deeds of gift executed on 21.7.1999 and 25.11.2000 by defendant 1st Party (Chunni Mandal) in favour of his daughter defendant 2nd party (petitioner) was void.2. Petitioner (defendant No. 2) is aggrieved by order dated 6.12.2004 passed in the aforesaid suit, by which the learned Subordinate Judge-1, Purnea rejected her petition dated 11.5.2004 for marking the two deeds of gift as exhibits in the above mentioned title suit.3. It transpires from the arguments on behalf of the.parties as well as from the materials on record that earlier the petitioner (defendant No. 2) had filed a petition in the learned Court below on 20.2.2004 (Annexure-4) for examining the deed writer and on its basis marking the deeds of gift as exhibits, but the said petition was...
Tag this Judgment!Tripathy Kiran Nath Sharma Vs. State of Bihar Through Collector
Court: Patna
Decided on: Oct-05-2005
Syed Md. Mahfooz Alam, J.1. This second appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 31.8.1989 passed by Sri S.S. Prasad, 10th Additional District Judge, Rohtas at Sasaram in Title Appeal No. 3/3 of 1985/1987 affirming the judgment and decree dated 15.12.1984 passed by Sri N.N. Singh, 4th Additional Subordinate Judge, Sasaram in Title Suit No. 121/45 of 1980/83 whereby the suit of the plaintiff- appellant and the appeal preferred by him were dismissed.2. The brief facts of this case are as follows :The plaintiff-appellant filed Title Suit No. 121 of 1980 before the Subordinate Judge, Sasaram claiming right, title and interest in the suit land described in Schedules A and B of the plaint by virtue of the settlement through unregistered patta (Ext. 3 series) by ex-landlord in favour of Tripathi Jagdish Narain Sharma, father of the appellant. Further case is that Schedules A and B lands were recorded as Gairmazarua lands in the cadestral surv...
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