Patna Court October 2006 Judgments
Smt. Daulat Kuar and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-31-2006
Ajay Kumar Tripathi, J.1. On 15th April, 1983, a Notification was published whereby and under it was disclosed that by an order dated 22nd March, 1993 the riayat of the land in question was found to have the land in question in excess of the ceiling limit and accordingly such land became surplus land liable to vest in the State Government, By two orders dated 23rd March, 1984 and 24th March, 1984, such excess land was distributed by the State Government to people who were entitled to have such land. On 12th May, 1983, appellants - writ petitioners applied under Form XIX prescribed by Rule 25 of the Bihar Land Ceiling Rules, 1963 in terms of the directions contained in Section 22 of the Bihar Land Ceiling Act, 1961. In that the appellants writ petitioners held out that the petitioners no. 1 & 8 are under riayats of 9.82 acres of such surplus land and petitioner no. 9 is the under riayat of approximately 11 acres of such surplus land. By that application, the petitioners wanted the Stat...
Tag this Judgment!Muneshwar Singh and ors. Vs. Most Girija Devi @ Jogiya Devi and ors.
Court: Patna
Decided on: Oct-31-2006
Syed Md. Mahfooz Alam, J.1. This Second Appeal has been preferred against the judgment and decree passed by Sri S.S. Das, learned District Judge, Siwan, on 29th April, 1988, in Title Appeal No. 125 of 1986 reversing the judgment and decree passed on 20th September, 1986, by Sri Arun Prabhat, learned IInd Additional Munsif, Siwan, in Title Suit No. 243 of 1966/48 of 1986, whereby the learned Munsif had dismissed the suit of the plaintiff-respondent.2. The case of the plaintiff-respondent, in brief, is that one Bhanwar Bind had two sons, namely, Goga Bind and Dhondha Bind. Nand Lal, Palatu and Dashrath Bind were sons of Goga Bind. Palatu Bind and Dashrath Bind died issueless. Nand Lal Bind had a son, namely, Rajpati Bind. His name was recorded in the record of rights (Khatiyan). Another son of Bhanwar Bind, namely, Dhondha Bind had two sons, namely, Sakti Bind and Ugram Bind. Ugram Bind died issueless. Sakti Bind had three sons, namely, Jokhan Bind, Tokhan Bind and Mangaru Bind. Jokhan ...
Tag this Judgment!Bharat Wagon and Engineering Company Ltd. and ors. Vs. Md. Yunus and o ...
Court: Patna
Decided on: Oct-31-2006
Ramesh Kumar Datta, J.1. Petitioners have filed the civil revision application against the order dated 24.4.2004 passed by Sub-Judge, IVth, Muzaffarpur in Title Suit No. 154 of 1998 by which he has rejected the application under Order 14 Rule (2) of the Code of Civil Procedure after considering the preliminary Issues No. VIII and IX regarding the maintainability of the suit.2. The said issues respectively were whether the civil court has no jurisdiction to entertain the suit and grant the relief ask for and whether the suit is barred under provisions of Employees State Insurance Act, 1948.3. Plaintiff-opposite party No. 1 had filed the said suit for the award of compensation, tort and damages amounting to Rs. 2,48,786.68 and other consequential relief against the defendant M/s.Bharat Wagon and Engineering Company Ltd. and Employees State Insurance Corporation. The case of the plaintiff is that on 10.12.1988 while working for the said company as an employee (worker) he got injury on hi...
Tag this Judgment!Dhanbarti KoerIn Vs. Shyam NaraIn Mahton and ors.
Court: Patna
Decided on: Oct-30-2006
Syed Md. Mahfooz Alam, J. 1. This second appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 20th June, 1990 passed by Sri Bhola Nath Prasad, Sub-Judge III, Aurangabad in Title Appeal No. 16 of 1981 / 41 of 1983 reversing the judgment and decree dated 20th February, 1981 passed by Sri Basudeo Sharan, Additional Munsif I, Aurangabad in Title Suit No. 69 of 1974 / 32 of 1978 whereby the learned Additional Munsif has decreed the suit of the plaintiff-appellant.2. The case of the plaintiff-appellant, in brief, is that Raghunandan Koeri was the recorded tenant of the suit land. After his death, his widow Mostt. Sugiya Devi inherited the suit property. Mostt. Sugiya Devi sold the suit land to the plaintiff through a registered sale deed dated 25.9.1958 for valuable consideration of Rs. 1000/-. After execution of the sale deed, the plaintiff was put in possession of the suit property. After sometime, the defendants in collusion with some villagers start...
Tag this Judgment!Smt. Kiran Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-19-2006
Barin Ghosh and Ajay Kumar Tripathi, JJ.1. In relation to claim for bringing the teachers of private schools taken over by the government from time to time within the ambit of government employment, many litigations, as were filed, were ultimately concluded by a judgment of the Hon'ble Supreme Court rendered in the case of State of Bihar and Ors. v. Project Uchcha Vidya Shikshak Sangh and Ors. reported in 2006 (1) PLJR 483. By that judgment, the Hon'ble Supreme Court directed the State Government to constitute a committee to ascertain the case of individual such teachers who claimed to be entitled to be treated as taken over employees of the State and accordingly the Government has constituted a committee.2. The learned Senior Counsel appearing on behalf of the State has submitted that the committee constituted by the State Government has already started considering the cases of various such claimants and they are progressing on the basis of yearwise acquisitions.3. By the judgment an...
Tag this Judgment!The Bihar State Non-Gazetted Emloyee's Association and Ors. Vs. the St ...
Court: Patna
Decided on: Oct-19-2006
1. After having heard learned Counsels appearing for the parties and considering the facts and circumstances, as well as, the relevant proposition of law and the case relied on by learned Counsel for the appellants, we are of the opinion, that the appeal is meritless and deserves to be dismissed at the threshold on the following grounds. Therefore, let there be a few material relevant facts with a view to examine the merits of the issue involved in this Letters Patent Appeal under Clause 10 of the Letters Patent against the order of the learned Single Judge dated 23.8.2005 in C.W.J.C. No. 11776 of 2004:(i) Petitioner No. 1- Association has challenged the notification of the State Government dated 1.9.2004, whereby and whereunder, certain post of Flying Squad came to be abolished, a copy of the order is produced at Annexure 2.(ii) It was questioned before the learned Single Judge. The learned Single Judge dismissed the writ petition. Therefore, this Letters Patent Appeal against the im...
Tag this Judgment!New India Assurance Company Vs. Sona Devi and ors.
Court: Patna
Decided on: Oct-19-2006
Rekha Kumari, J.1. This appeal by the New India Assurance Company Limited is directed against the judgment and award dated 22nd August, 2000 passed by the 4th Additional Motor Vehicle Accident Claims Tribunal, Muzaffarpur in Claim Case No. 134 of 1997 by which it has allowed the compensation of rupees three lakh to respondent Nos. 1 and 2 for the death of one Rabindra Yadav in a motor vehicle accident.2. Learned Counsel for the appellant has assailed the judgment and award on the ground that on the date of accident i.e. 18th June, 1997 there was no valid insurance policy to indemnify the liability of the owner. He contended that the owner of the vehicle which caused accident had obtained an insurance policy from the appellant Company firstly on 6th June, 1997 effective from 7th June, 1997 to 6th June, 1998 but as the premium of the insurance was paid by cheque on 6th June, 1997 and the same bounced due to insufficient fund and the policy was cancelled, the policy became non est and s...
Tag this Judgment!Shri N.C. Lala Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-19-2006
Barin Ghosh and Ajay Kumar Tripathi, JJ.1. Sub-rule (2) of Rule 33 of the Bihar Sales Tax Rules, 1983 provides that the Tribunal constituted under Section 8 of the Act shall consist of three members; one of whom shall be a retired High Court Judge not exceeding 65 years of age or a Judicial Officer of the rank of District Judge and he shall be the Chairman of the Tribunal. Sub-rule (6) of Rule 33 of the said Rules provides that any person appointed as a Member of the Tribunal shall ordinarily hold office for a period of three years. Sub-rule (11) of Rule 33 of the said Rules provides that the Members of the Tribunal shall ordinarily be appointed for a period of three years from the date of their appointments, provided that the period of appointment may be reduced or extended by the State Government.2. The writ petitioner-appellant was appointed as the Chairman of the Tribunal when he was a Judicial Officer of the rank of District Judge. The appointment letter provided that such appoin...
Tag this Judgment!Sri Sone Lal Yadav and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-19-2006
Barin Ghosh and Ajay Kumar Tripathi, JJ.1. It appears that the name of the father of the appellants was registered in the records of right as under raiyat of the land in question and as such the appellants have right as under raiyats of the land in question after the death of their father. It appears to be the contention of the private respondents that the father of the appellants during his life time executed a registered Ladafinama and thereby declared that he was never an under raiyat of the land in question and, in fact, the same was noted in the records of right by mistake.2. The appellants' claimed that their father was under raiyat of the land in question and upon his demise they became under raiyat of the land in question. The appellants contended that the private respondents acquired the land from the registered raiyat by way of purchase but that purchase did not extinguish their right as under raiyat, and then sought to illegally evict the appellants from the land in questio...
Tag this Judgment!Sakal Deep Singh Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Oct-19-2006
Barin Ghosh and Ajay Kumar Tripathi, JJ.1. Proportionality is now acknowledged as one of the basic parametres for awarding a punishment in a disciplinary proceeding. The writ petitioner being dis-satisfied on that score, approached the appellate authority, then the revisional authority and ultimately the writ court. In the appeal too at the admission stage the petitioner pressed his grievance in relation thereto only. On that ground the appeal had been admitted.2. According to the petitioner, after he having served without any complain for a period of 13 years, he was asked to undertake out station duty and due to his illness he could not undertake such duty. Four days thereafter he attended the out station duty and for that he has been dismissed from service.3. It appears that two charges were levelled against the petitioner in the disciplinary proceeding initiated against him. The second charge was not of much substance. It was alleged that when the chargesheet for the first charge ...
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