Patna Court July 2007 Judgments
Hindustan Petroleum Corporation Ltd. and anr. Vs. Rajeshwar Prasad
Court: Patna
Decided on: Jul-03-2007
S.N. Hussain, J.1. This Civil Revision has been filed under the proviso to Sub-section (8) of Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the 'Act' for the sake of brevity) by the defendants against judgment/order of their eviction dated 12.08.1999 by which the learned Munsif, I, Hajipur (Vaishali) decreed Eviction Suit No. 01 of 1999 which was filed by the sole opposite party.2. The aforesaid suit was filed by the sole opposite party for eviction of the petitioners (defendants) on the grounds of expiry of the fixed period of lease as well as personal necessity of the landlord (opposite party) with respect to the suit premises for opening a business of his family.3. The claim of the plaintiff-opposite party was that the suit property was purchased by the plaintiff from the original owner Ram Khelawan Rai by registered sale deed dated 14.08.1959, whereas the adjacent, northern land was purchased by plaintiff's brother Shyam...
Tag this Judgment!Rameshwar Prasad Yadav Vs. Awadhesh Kumar Singh
Court: Patna
Decided on: Jul-03-2007
S.N. Hussain, J.1. This petition has been filed by the sole petitioner, namely, Shri Rameshwar Prasad Yadav, under the provisions of Section 80 and 80-A of the Representation of People Act, 1951 (hereinafter referred to as 'the Act' for the sake of brevity) calling in question the election of the returned candidate, namely, Shri Awadhesh Kumar Singh (sole respondent) as a Member of the Legislative Assembly from 231 Gaya Muffasil Assembly Constituency, which was held in October, 2005,2. The facts of this case are that the Additional Collector, Gaya, who was appointed as Returning Officer of the election in question, issued a notification on 23-9-2005 with respect to the detailed programme of the Assembly election in 231 Gaya-Muffasil Assembly Constituency. The last date for filing of nomination paper was 30-9-2005 and altogether seventeen candidates filed their nomination papers before the Returning Officer by 30-9-2005 fixed for filing the nomination papers of the said candidates. The...
Tag this Judgment!Vijai Kumar Vs. Smt. Kiran Devi and ors.
Court: Patna
Decided on: Jul-03-2007
S.N. Hussain, J.1. This Miscellaneous Appeal has been filed by defendant No. 1 of Title Suit No. 88 of 2002 against order dated 23.07.2004 by which learned Subordinate Judge VII, Biharsharif, Nalanda, allowed the petition filed by sole plaintiff (respondent No. 1) under Order XL Rule 1 of the Code of Civil Procedure (hereinafter referred to as the 'Code' for the sake of brevity) and directed the plaintiff to deposit Receiver's fees of Rs. 500.00 whereafter Receiver was to be appointed. It is also stated that the plaintiff (respondent No. 1) deposited the said amount on 24.07.2004, whereafter the learned court below by its order dated 04.08.20004 appointed Sri Sanjeev Kumar Chandrayavee, Advocate, as Receiver of the suit properties.2. The aforesaid suit was filed by the sole plaintiff (respondent No. 1) for partition of 1/5th share claimed by her in the suit property. The claim of the plaintiff is that the suit property belonged to one Narain Mistri who died in the year 1989 leaving be...
Tag this Judgment!Mrs. Niloufer Siddiqui and anr. Vs. Indian Oil Corporation Ltd. and or ...
Court: Patna
Decided on: Jul-03-2007
S.N. Hussain, J.1. This second appeal has been filed by the plaintiff-appellants against the judgment and decree, by which the learned lower appellate Court dismissed the title appeal and affirmed the judgment and decree passed by the trial Court, dismissing the title suit filed by plaintiff No. 1.2. Title Suit No. 68 of 1978 was filed by plaintiff-appellant No. 1 only for declaration that the termination of agency of defendant No. 4 who was subsequently transposed as plaintiff No. 2, with regard to distributorship of Indane Gas vide letter dated 16-1-1978 (Ext. 2/D and Ext. B/6), was illegal, unjustified and not in terms of the mutually agreed term of agency and also for issuance of a mandatory injunction for restoring the agency of the said distributorship. The said suit was dismissed by the learned Execution Munsif, Muzaffarpur, by his judgment and decree dated 11-4-1985. Against the said judgment and decree of the trial Court, the plaintiffs filed title appeal No. 32 of 1985, whic...
Tag this Judgment!Binod Choudhary Vs. Manti Devi and ors.
Court: Patna
Decided on: Jul-03-2007
S.N. Hussain, J.1. Both the aforesaid appeals were heard together and are being disposed of by this common judgment as both of them arise out of the same Claim Case No. 71 of 1995 and in both of them the appellant and the respondents are also the same.So far defect in M.A. No. 272 of 2003 as per stamp report dated 7.8.2003 is concerned, it is with respect to impleadment of the insurance company as respondent No. 3 in the appeal, although it was not party in the court below. Considering the facts and circumstances and the issues involved in this case, let the said defect be ignored.2. I.A. No. 485 of 2002 has been filed by the appellant for condoning the delay in the filing of M.A. No. 272 of 2003. From the averments made by the learned Counsel for the appellant and statements made in the interlocutory application, it appears that valid and genuine grounds have been mentioned which prevented the appellant from filing the said miscellaneous appeal earlier. Hence, there appears to be no ...
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