Patna Court September 2009 Judgments

Amar Nath Chaudhary and anr. Vs. Mahendra Prasad Singh and ors.

Court: Patna

Reported in: AIR2010Pat14

ORDERRavi Ranjan, J.1. This Civil Revision is directed against the order dated 20-11-2006 passed by the Sub-Judge-III, Supaul in Title Suit No. 51 of 1997, whereby he had rejected the petition filed on behalf of the petitioners under Order I, Rule 10 (2) of the Code of Civil Procedure (hereinafter referred to as 'the Code') for their addition as defendants in the Title Suit.2. This matter was earlier heard on 22-12-2006 by a Bench of this Court and notice was issued upon the plaintiff-opposite party No. 1, who has appeared and filed counter-affidavit.3. This Civil Revision is being disposed of at this stage with the consent of the appearing parties as they jointly submitted that the plaintiff-opposite party No. 1, only had contested this issue before the Court below.4. Learned Counsel for the petitioners sub-mined that Title Suit No. 51 of 1997 was filed by the plaintiff-opposite party No. 1 for declaration of right, title and interest over the suit land and for further declaration tha...

Pawan Kumar @ Pawan Kr. Agrawal Son of Late Chajju Ram and Vs. State o ...

Court: Patna

P.K. Misra, C.J., Shiva Kirti Singh and Anjana Prakash, JJ.1. Heard learned Counsel for the parties.2. These two matters - Cr.Misc. Nos. 17707 and 17417 of 1995 - are placed before the Full Bench under the following circumstances: Cr.Misc. No. 17417 has teen filed under Section 482 of the Code of Criminal Procedure (the Code, for brevity) for quashing Special Case No. 10 of 1992 pending before the Special Judge, Saharsa under Section 7 of the Essential Commodities Act (the Act, in short). Cr.Misc. No. 17707 of 1995 has been similarly filed by another petitioner for quashing Special Case No. 26 of 1983 arising out of Kadamkuan (Kankarbagh) P.S Case No. 93 of 1993, wherein there is an allegation of violation of Section 7 of the Act read with the, Bihar Essential Articles (Display of Stocks and Prices) Order, 1977.3. In both the cases, the main contention which was raised was to the effect that separate proceedings for confiscation under Section 6-A of the Act had been initiated and the o...

Dr. Parmanand Prasad Son of Late Raja Ram Lal and Shashi Bhushan Prasa ...

Court: Patna

Sheema Ali Khan, J.1. There are two quashing application on behalf of Dr. Parmanand Prasad. In Criminal Misc. No. 49385 of 2008, Dr. Prasad has prayed for quashing of the order dated 14.10.2006 by which the Court below has taken cognizance for the offences punishable under Sections 407, 468, 471, 477A, 420, 201, 220B and 109 of the Indian Penal Code and Section 13(ii) read with 13(i)(d)/15 of the Prevention of Corruption Act, 1988 and in Criminal Misc. No. 12821 of 2009, a prayer has been made for quashing of the order dated 24.02.2009 by which the Court below has rejected the discharge petition filed on behalf of Dr. Prasad. Criminal Misc. No. 10853 of 2009 has been filed by Prof. Shashi Bhushan Prasad for quashing the order dated 24.02.2009 by which the application for discharge has been rejected by the Court below. Therefore, the main order under challenge is the order dated 24.02.2009, by which the applications for discharge on behalf of the aforesaid two petitioners have been reje...

Laxmi Prasad Mandal S/O Ajab Lal Mandal and ors. Vs. the State of Biha ...

Court: Patna

Ravi Ranjan, J.1. Heard learned Counsel for the petitioners and learned counsel appearing on behalf of the State.2. Though notices were issued upon the respondents No. 4 to 7 as far back as on 30.04.2004, which stands validly served in the year 2004 itself, as per the office report, no body has appeared on their behalf.3. Petitioners seek quashing of the order dated 08.08.2003, passed by the Anchal Adhikari, Dagaruwa, Purnea in Mutation Case No. 281/2000-2001, as contained in Annexure-9, whereby the earlier jamabandi running in the name of the petitioners had been cancelled and the same had been created in the name of the respondents No. 4 to 7.4. Brief facts of the case, as appears from the writ application, are as follows:5. Petitioners by several sale deeds registered in between 1963 to 1982 had purchased lands from several persons including the respondent No. 5, the husband of respondent No. 5 and their transferees, as per the detailed descriptions given in paragraphs 5 to 11 of th...

Dhiraj Singh Ruhela @ Dhiraj Singh Son of Late Madan Mohan Singh Vs. B ...

Court: Patna

Reported in: 2010(58)BLJR277

S. Nayer Hussain, J.1. This civil revision has been filed by the defendant-petitioner under the Proviso to Sub-section (8) of Section 14 of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the Act' for the sake of brevity) challenging the order of his eviction passed by the learned Munsif-II, Bhojpur vide his judgment dated 06.02.2009 decreeing Eviction Suit No. 22 of 2008.2. The aforesaid suit was filed by plaintiffs-opposite parties for eviction of the sole defendant-petitioner on the ground of their personal requirement of the suit premises, namely, a shop-cum-godown with Sahan bearing holding No. 77 near Dharman Chowk, Arrah detailed in Schedule 1 of the plaint with map. It was claimed by the plaintiffs that the suit premises along with other properties belonged to their joint family, which were partitioned among all the members of the family and the suit premises fell into the share of the plaintiffs. It was also claimed that since the pla...

Baidyanath Rai, Son of Late Jagdhari Rai Vs. Smt. Kiran Sinha, Wife of ...

Court: Patna

Reported in: 2010(58)BLJR191

S.N. Hussain, J.1. This civil revision has been filed by the defendant-petitioner under the Proviso to Sub-section (8) of Section 14 of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the Act' for the sake of brevity) challenging the order of his eviction passed by the learned Munsif-III, Patna vide his judgment dated 22.05.2008 decreeing Eviction Suit No. 51 of 2001.2. The aforesaid eviction suit was filed by the plaintiffs-opposite parties for eviction of the sole defendant-petitioner from the suit premises, namely, a shop measuring 18'x13' having its 13' wide opening, situated in R.K. Avenue, Nala Road in the town of Patna for their personal necessity. The claim of the plaintiffs was that the suit premises was allotted to late Surendra Naraian, the predecessor of the plaintiffs in family partition between him and his brothers. It was also claimed that the defendant was a tenant of the plaintiffs with respect to the suit premises on monthly ...

Sanjay Das Son of Narayan Das Vs. the State of Bihar,

Court: Patna

Ramesh Kumar Datta, J.1. All the writ applications raise the common issue pertaining to the power of the State Election Commission to cancel the election of Pramukh/Up-Pramukh of a Panchayat Samiti in a special meeting convened by the Sub Divisional Officer on the ground that the State Election Commission was not informed about the vacancy and no direction sought from it for proceeding to fill up the vacancy by holding election for the said post and accordingly they have been heard together and are being disposed of by this common order.2. The facts of the cases lie within a narrow compass.3. In all the writ petitions the offices of the Pramukh and/or Up-Pramukh became vacant due to the resignation of the said office bearers or their removal from the said office by motion of No Confidence. After the vacancies arose it is alleged that a notice in Form 24 was issued by the respondent Sub Divisional Officer under Rule 87 of the Bihar Panchayat Election Rules convening a meeting of the Pan...

Shakti Tubes Ltd., a Company Incorporated Under the Provisions of the ...

Court: Patna

Reported in: 2010(58)BLJR159

S.K. Katriar, J.1. This writ petition has been preferred with the prayer to set aside the order dated 7.3.2000 (Annexure 5), passed by the Commercial Tax Tribunal, Bihar, Patna, in Revision Case No. PT -193/99 (Shakti Tubes Ltd. v. State of Bihar), whereby the order passed by the authorities under the provisions of the Bihar Finance Act (hereinafter referred to as 'the Act'), has been upheld, and it has been held that the petitioner is not entitled to the benefit of exemption from payment of purchase tax on raw materials used for manufacture of the products to the extent of sales effected by the petitioner outside the State of Bihar by stock transfer, in terms of the Industrial Incentive Policy 1993. It relates to the assessment year 1994-95.2. A brief statement of facts essential for the disposal of the writ petition may be indicated. The petitioner is a Private Limited Company, incorporated under the provisions of the Companies Act 1956, and has set up a steel plant at Hajipur, distr...

District Bar Association, Bhagalpur Civil Court Through Its General Se ...

Court: Patna

Ajay Kumar Tripathi, J.1. The Bar Association of Bhagalpur Civil Court has filed the present writ application for quashing the Notification No. 4881/C dated 8.5.2008 which has been issued by the State of Bihar under the purported exercise of power conferred upon the Government under Section 7(i)(a) of the Commission of Inquiry Act, 1952. By virtue of the said notification, the Commission of Enquiry constituted to enquire into the background and the reasonings for the incidence which took place in the Bhagalpur Civil Court campus on 17th-18th November, 1997 stands denotified with effect from 1.11.2006. The Enquiry Commission was constituted vide Notification No. 167 dated 21.11.1997 but no report, preliminary or otherwise ever come to be submitted to the Government by the Commission till the date it was denotified.2. The brief background to the present litigation is that a Sessions Trial No. 592 of 1992 was being held in the court of one Sri D.N. Barai, 1st Additional District & Session...

Md. MoinuddIn Son of Nawab Shah Alias Md. Nawab Ali Vs. Md. Mustafa So ...

Court: Patna

Reported in: AIR2010Pat24,2010(58)BLJR4

Mihir Kumar Jha, J.1. Heard Mr. Najmul Hoda, learned Counsel for the petitioner.2. This civil revision application is directed against an order dated 2.5.2008 passed by the Addl. District Judge, F.T.C.VI, Saharsa in Title Appeal No. 65/2006, whereby and whereunder an interlocutory application filed by the defendant-appellant in Title Appeal No. 65/2006 for holding the appeal to be no longer maintainable before the civil court and its being transferred to Wakf Tribunal has been rejected.3. The undisputed facts are that the plaintiff-respondent-opposite party had filed Title Suit No. 4/1990 on 29.1.1990 for a declaration that the survey entry in the name of the defendant-appellant-petitioner in regard to the suit land was incorrect and hence inoperative and consequently a declaration be made with regard to title of the plaintiff- opposite party followed by a consequential relief for recovery of possession. The basis for such relief putforward by the plaintiff-opposite party was that the ...