Court : Patna
1. Jayanandan Singh, J. Heard learned senior counsel for the petitioner and learned counsel for the State.2. Petitioner-Bank, which is a body corporate established under Section 3 of the National Bank for Agriculture and Rural Development Act, 1981, has filed this writ application for a direction to the respondents to grant remission in paying stamp duty and ad valorem registration charges on the sale deed executed in its favour by M/s Jagat Sahakari Grih Nirman Samiti Limited (hereinafter referred to as "the Society"), a Co-operative Housing Society, registered under the Bihar Co-operative Societies Act, 1935 (hereinafter referred to as the "Act").3. Case of the petitioner is that petitioner-Bank was admitted as an associate member of the said Society by its resolution dated 30.10.1990. By dint of an associate member, it was entitled to all the rights and privileges of a member of the Society. Subsequently, the Society by a resolution decided to transfer some of its property to the pe...
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V.N. Sinha, J.1. None appears for the petitioner. Same was the position on 6.5.2010. Smt. Anjana Mishra states that she has filed the counter affidavit but thereafter the brief has been taken away from her by the authorities of the Bihar State Electricity Board but as her name is appearing in the daily cause list, she has come to make the aforesaid statement.2. Perused the impugned order bearing Memo No. 1709 dated 14.10.1995, Annexure-1, whereunder the Electrical Executive Engineer, Barh has superannuated the petitioner with effect from 31.1.1992 in compliance of the orders of the General Manager-cum-Chief Engineer, Central Bihar Area Electricity Board, Patna bearing memo No. 7578 dated 09.10.1995. Copy of the order bearing Memo No. 7578 dated 09.10.1995 is enclosed with the counter affidavit as Annexure-A, wherefrom it appears that the date of birth of the petitioner as found recorded in his original leave account is 01.02.1932 and on that basis a committee constituted by the General...
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1. THE HON'BLE MR. JUSTICE JAYANANDAN SINGH Jayanandan Singh,J.: In this writ application, the petitioner Deity has challenged the order dated 21.9.1993 passed by the Collector, Madhubani in Encroachment Appeal No.218 of 1989-90, by which the appeal of the petitioner, against order dated 11.9.1989 passed by the Deputy Collector Land Reforms (Sadar) Madhubani in Encroachment Case No.2 of 1988-89, has been dismissed. The said order dated 11.9.1989 passed by the Deputy Collector Land Reforms (Sadar) Madhubani has also been challenged in which it has been held that the petitioner has encroached upon public land, namely, plot no.277 and 278 to the extent of 10 dhurs and 2 katha 18 dhurs respectively of the plots.2. Case of the petitioner is that the said two plots along with several other plots belonged to Maharaja Kameshwar Singh, which were, by a gift deed, gifted to the petitioner Deity. Thereafter, the Deity through its Shevait came in possession of those plots and the entire land gifte...
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V.N. Sinha, J.1. None appears for the petitioners. Same was the position on 24.6.2010, in the circumstances, I have perused the writ petition and heard learned Counsel for the Mahnar Municipality (hereinafter referred to as the 'Municipality').2. In the writ petition prayer has been made to direct the authorities of the Municipality to make payment of salary to the petitioners with effect from 25.7.1993, the date the petitioners joined the post on which they were appointed under appointment letter dated 20.7.1993 issued by the Executive Officer of the Municipality contained in Annexure-5 series. It is further evident from the writ petition that prior to issue of the appointment letter selection process was initiated in the light of the advertisement for appointment published in Anugamini newspaper dated 11,12-10-1992, as contained in Annexure-3 and 3/1, response whereto petitioners applied for appointment on Class-III/IV post and were called for interview under letter dated 02.07.1993....
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1. Clause-10 to the Letters Patent is directed against the judgement and order dated 5th August 2008 passed by the learned Single Judge in C.W.J.C. No. 3982 of 1993. The matter at dispute is the appointment of the respondent No.4 - the writ petitioner as a clerk in Jagjeevan Avodya Sanskrit College- respondent No.1 (hereinafter referred to as the College). The College is affiliated to Sri Kameshwar Singh Darbhanga Sanskrit University (hereinafter referred to as the University). The appeal is preferred by the Vice Chancellor and the Registrar of the University.2. It is not in dispute that the writ petitioner was a student in the College. In the year1974, though a minor, he was appointed as a clerk in the College. He continued in service till the year 1993. In the year 1989 or there about a dispute arose whether the writ petitioner was senior to one Vijay Singh, another clerk in the College. The writ petitioner claimed that he was appointed as a Head Clerk while the aforesaid Vijay Singh...
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1. Shiva Kirti Singh, J.J. This Appeal under Clause 10 of the Letters Patent has been preferred by the Indian Oil Corporation (hereinafter referred to as the 'Corporation') against the judgment and order dated 15th January 2009 passed by the learned single Judge in CWJC. No. 1893 of 1996.2. The Respondent No.1, a technician (hereinafter referred to as the 'Workman'), while in service of the Corporation suffered serious injury on 7th May 1985. On account of the disability suffered by the Workman he was rendered unfit for service. As he was declared permanently and totally disabled, by order dated 31st August 1987 the service of the Workman was terminated with effect from 13th August 1987. Along with the order of termination of service the Workman was paid one month's wages in lieu of notice; was paid compensation; the Corporation offered employment to one of the dependent family members of the Workman and; was paid the other dues as per the rules. After some two months and a half, by or...
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1. Clause-10 to the Letters Patent is directed against the judgement and order dated 5th August 2008 passed by the learned Single Judge in C.W.J.C. No. 3982 of 1993. The matter at dispute is the appointment of the respondent No.4 - the writ petitioner as a clerk in Jagjeevan Avodya Sanskrit College- respondent No.1 (hereinafter referred to as the College). The College is affiliated to Sri Kameshwar Singh Darbhanga Sanskrit University (hereinafter referred to as the University). The appeal is preferred by the Vice Chancellor and the Registrar of the University.2. It is not in dispute that the writ petitioner was a student in the College. In the year1974, though a minor, he was appointed as a clerk in the College. He continued in service till the year 1993. In the year 1989 or there about a dispute arose whether the writ petitioner was senior to one Vijay Singh, another clerk in the College. The writ petitioner claimed that he was appointed as a Head Clerk while the aforesaid Vijay Singh...
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1. THE HON'BLE MR. JUSTICE JAYANANDAN SINGH Jayanandan Singh,J.: In this writ application, the petitioner Deity has challenged the order dated 21.9.1993 passed by the Collector, Madhubani in Encroachment Appeal No.218 of 1989-90, by which the appeal of the petitioner, against order dated 11.9.1989 passed by the Deputy Collector Land Reforms (Sadar) Madhubani in Encroachment Case No.2 of 1988-89, has been dismissed. The said order dated 11.9.1989 passed by the Deputy Collector Land Reforms (Sadar) Madhubani has also been challenged in which it has been held that the petitioner has encroached upon public land, namely, plot no.277 and 278 to the extent of 10 dhurs and 2 katha 18 dhurs respectively of the plots.2. Case of the petitioner is that the said two plots along with several other plots belonged to Maharaja Kameshwar Singh, which was, by a gift deed, gifted to the petitioner Deity. Thereafter, the Deity through its Shevait came in possession of those plots and the entire land gifted...
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1. Mungeshwar This First Appeal has been filed by the defendants/appellants against Sahoo, J.the judgment and decree dated 16.05.1977 passed by Sri Dinesh Narain .Dwibedi, the learned IVth Additional Sub Judge-Chapra in Partition Suit No. 166 of 1968 decreeing the plaintiffs/respondents suit for partition to the extent of their half share in the property mentioned in detail in schedule-I and II to the plaint.2. The plaintiffs/respondents filed the aforesaid suit for partition on the facts which may be stated in brief that Harnam Rai, the common ancestor had two sons; Kashi Rai & Krishna Rai. Kashi Rai had two sons; Ramavtar Rai & Parichhan Rai. Parichhan died issueless, as such, his line extinct. Ramavtar had two sons; Sanga Rai & Gati Rai. Sanga Rai had three sons, namely, Hargovind Rai, Ramshubhag Rai & Mahadeo Rai. The second son of Ramavtar Rai, namely, Gati Rao had only one son, RamKrit Rai whose son is defendant No. 1, Ganesh Rai. The defendant No. 2, 3 & 4 are the sons of Ganesh...
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1. Mungeshwar Sahoo,J. This first appeal has been filed by the defendants appellants against the Judgment and decree dated 22.11.1978 passed by Sri Bhagwan Prasad Singh, the learned 2nd Additional Subordinate Judge, Biharsharif, in Title Suit No.45 of 1969 / 19 of 1973 whereby the plaintiffs-respondents' suit for specific performance has been decreed.2. The plaintiffs-respondents filed the aforesaid suit for specific performance of contract dated 2.6.1966 regarding Schedule I property.3. According to the plaintiff, Abu Zaffar, Bibi Amna Khatoon and Mostt. Mahmuda were the owners of the Schedule-1 property. Abu Zaffar and Mostt, Bibi Mahmuda appointed Md. Shami as their Mokhaream (power of attorney holder). Md. Shami was son of Mostt. Mahmuda. Md. Shami died and thereafter his mother Bibi Mahmuda also died leaving behind defendant no.3, Bibi Uma Khatoon who also died during the pendency of the suit.4. The further case is that Md. Shami as power of attorney holder on behalf of Abu Zaffar...
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