Patna Court May 2007 Judgments
Sri Harikant Singh and ors. Vs. Sri Ram Krishna Sharma and ors.
Court: Patna
Decided on: May-02-2007
1. The appellants in this appeal seeks to rely upon an observation made by a Division Bench of this Court, which was comprised by one of us (Barin Ghosh, J.), in the case of Ambika Rai v. State of Bihar and Ors. 2007 (1) PLJR 536 to the effect that 'the right of maintenance of a Hindu widow was not a pre-existing right'. We think that this observation is per incurium in view of the three judges Bench decision rendered by the Hon'ble Supreme Court in the case of V. Tulasamma v. Sesha Reddy reported in AIR 1977 SC 1944, followed by a Division Bench of the Hon'ble Supreme Court in the case of Raghubar Singh v. Gulab Singh reported in : [1998]3SCR555 .2 In the instant case the respondent No. 1 instituted a suit against the appellants for recovery of possession of the suit land. It was alleged in the plaint that the respondent No. 1 purchased the said property from a lady who inherited the same from her mother, Mangli. It was stated that in lieu of maintenance half of the suit property was...
Tag this Judgment!Shiv Balank Singh, Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-02-2007
Aftab Alam, J.1. Heard Mr. Vinay Kant Mani Tripathi on behalf of the petitioners in the three writ petitions. No one appears for private respondents 4 and 5 in the three cases.2. These three cases are filed by different petitioners but they are against the same respondents, namely, Kulpatiya Devi and Raghunath Singh (respondents 4 and 5 in all the cases) and seek to challenge the same order, dated 20.1.1989 passed by the D.C.L.R. Incharge, Siwan.3. These writ petitions arise from Bataidari proceedings and the petitioners in each of the three cases claim Bataidari rights in respect of certain lands held by respondents 4 and 5.4. It appears that these three cases were left out while seven other cases filed on behalf of other Bataidars against the same impugned order were disposed of (allowed) by judgment and order, dated 11.2.1998.5. Ten people, including the three petitioners in these three cases, filed petitions under Section 48E of the Act against respondents 4 and 5 claiming Bataida...
Tag this Judgment!Bibi Rabia Khatoon Vs. State of Bihar and ors.
Court: Patna
Decided on: May-02-2007
Aftab Alam, J.1. Heard Mr. Birendra Kumar Mishra, Counsel for the petitioner. The State Counsel is present. No one appears for respondents 5 or 6 despite service of notice.2. This writ petition arises from a pre-emption proceeding under Section 16(3) of the Bihar Land Ceiling Act and the petitioner before the Court is the vendor of the disputed land.3. The claim of pre-emption was raised in respect of a piece of land 0.33 decimals in area bearing plot No. 79 (old)/156 (new) under khata No. 5 (old)/109 (new) situate in village Dhanawa, circle Barachatty, revenue thana No. 128 in the district of Gaya.4. On 26.12.1984, the petitioner executed a sale deed in favour of Atique Ahmad (respondent No. 6). On registration of the sale deed, Ozaira Khatoon (respondent No. 5) raised the claim of pre-emption, and on 14.3.1985 made an application under Section 16(3) of the Act before the Deputy Collector Land Reforms, Sherghati. In response to the notices issued to the vendor (the present petitioner...
Tag this Judgment!Dr. Raghunandan Prasad Sinha Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-01-2007
V.N. Sinha, J.1. Petitioner is a retired employee of the State Government as he superannuated with effect from 1.3.1991 while serving as Assistant Project Officer, Animal Husbandry Department at Biharsharif in the district of Nalanda, he has filed this writ application for a direction to the State respondents, particularly the Provident Fund Officer, Nalanda, Biharsharif, Respondent No. 7 to pay his Provident Fund dues with up-to- date interest till the date of payment as other retrial does not paid to him much prior to filing of the writ petition.2. From the counter affidavit filed on behalf of Respondent No. 2 duly affirmed by Leave Reserve Officer of the Animal Husbandry Department it appears that final withdrawal of the G.P.F. deposits of Dr. Raghunandan Prasad Sinha was sanctioned under letter No. 4738 dated 12.10.2004 as petitioner himself was responsible for delay in submitting application for withdrawal of the Provident Fund amount.3. From the counter affidavit filed on behalf...
Tag this Judgment!Parmeshwar Singh Vs. Joint Director Consolidation and ors.
Court: Patna
Decided on: May-01-2007
Aftab Alam, J.1. Heard Mr. Mahesh Prasad No. 2 counsel for the petitioner. No one appears for the private contesting respondent No. 4 despite service of notice.2. This writ petition arises from a consolidation proceeding involving the question of title.3. The disputes relates to R.S. Plot Nos. 225 with an area of 2.21 acres, 226 with an area of 35 decimals, 217 with an area of 38 decimals and 218 with an area of 12 decimals (total area being 3.06 acres) under Khata No. 48 situate at Village Bharatpatti, P.S. Aurai in the district of Muzaffarpur.4. The petitioner before the court has lost before all the three authorities under the Consolidation Act. In regard to the disputed land the claim of the petitioner was confined only to its title. He admitted that the land was not under his possession but was under the possession and control of respondent No. 4. The case of the petitioner was that the disputed plots were his ancestral land. He had taken a mortgage on the disputed land and on 22...
Tag this Judgment!Shyam Bihari Mistri and ors. and Lalbihari Mishtri Vs. State of Bihar ...
Court: Patna
Decided on: May-01-2007
Aftab Alam, J.1. Heard Mr. Nawal Kishore Singh, Counsel for the petitioners in the two cases.2. These two writ petitions arise from a pre-emption proceeding under Section 16(3) of the Bihar Land Ceiling Act. The petitioners, in both the cases, are the purchasers. They purchased small pieces of land being portions of plot Nos. 260 and 261 under khata No. 64 situate in village Suitha, P.S. Phulwarisharif in the district of Patna under two separate sale deeds, dated 25.03.1985 executed by one Gopal Sharan Singh and his two sons (respondents 7-9). The two sale deeds were registered on 9.4.1985. Respondents 5-6 raised the claim of pre-emption in respect of the two pieces of land transferred in favour of the petitioners in the two cases. They filed two separate petitions under Section 16(3) of the Act before the Deputy Collector Land Reforms, Patna Sadar giving rise to Land Ceiling Case Nos. 2 & 3 of 1985-86. The claim of pre-emption was based on the ground that the pre-emptors were co-shar...
Tag this Judgment!The Oriental Insurance Company and anr. Vs. Diva Shankar Rai Alias Pap ...
Court: Patna
Decided on: May-01-2007
Syed Md. Mahfooz Alam, J.1. This Miscellaneous Appeal has been preferred by the appellants (Oriental Insurance Company Limited, ' Begusarai and another) against the judgment dated 5th February, 2000 passed by Sri Baikunth Nath Shahi, 3rd Additional District Judge-cum-Additional Motor Accident Claims Tribunal, Begusarai in Claim Case No. 25 of 1993 whereby he has awarded total compensation of Rs. 6,32,000/- to the injured-claimant (respondent No. 1) with interest at the rate of 12% per annum for injury sustained by him in a motor vehicle accident.2. The brief facts of the case are as follows:On 21.1.1993 at 4.30 P.M. the claimant (Diva Shankar Rai) was returning back to his house along with his villagers, namely, Raj Kishore Rai. and Ram Naresh Rai after viewing a wrestling competition. As soon as he reached the metalled road, a Tata Maxi bearing registration No. BRI - 2151 which was being rashly and negligently driven by its driver came from northern side and knocked down the claimant...
Tag this Judgment!Siya Devi and ors. Vs. the Addl. Member, Board of Revenue and ors.
Court: Patna
Decided on: May-01-2007
Aftab Alam, J.1. This writ petition arises from a pre-emption proceeding under Section 16(3) of the Bihar Land Ceiling Act.2. The petitioner is the pre-emptor and the claim of pre-emption relates to a sale made in the year 1975.3. The first round of the proceeding ended with an order of remand to the first authority, the D.C.L.R. In the second round, though the D.C.L.R. upheld the petitioner's claim of pre-emption, the appellate and the revisional authorities, namely the Additional Collector and the Board of Revenue held against him. This writ petition, therefore, seeks to challenge the orders passed by the Additional Member, Board of Revenue and the Additional Collector, Samastipur.4. The subject matter of dispute is a piece of land 1 Katha 10 dhurs in area that forms part of R.S. Plot No. 1338 with a much larger area, situated at Village Saidpur Zahid, P.S. Tajpur in the district of Samastipur. The admitted position is that R.S. Plot No. 1338 is made by the Cadestral Survey Plot Nos...
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