Judgment Search Results Home > Cases Phrase: disturbed areas special courts act 1976 Court: patna Page 15 of about 232 results (0.111 seconds)

Mostt. Patri Devi @ Girja Devi and anr. Vs. Ganesh Lal Pradhan and ors ...

Court : Patna

..... facts and circumstances no prima- facie case could be made out for appointment of a receiver and regarding wastage and decay of the property it has been further held by the learned court below that when the plaintiffs have also indulged in the same act by selling lands to the different persons they also stand on the same footing as that of the defendants.7. the present appeal has been preferred against the order of rejection of ..... . secondly, in a partition suit neither injunction prayer nor prayer for receiver are being entertained by the courts because even if the contention of the plaintiffs that there is jointness of the property then till a partition is arrived at every co- sharer have got right over every inch of the land and in that way appointment of a ..... in very stringent cases when during the pendency of a case the defendant was found to be scarce and suppressing the real fact from the court and even when a survey knowing commissioner went from the court's end then also the defendant made suppression and in such contingent circumstances when the intention was found to be bad, then a receiver is allowed to be appointed that too in the special circumstances of that case ..... to the plaintiffs are there then for such deprivations even if no case of wastage and decay could be proved, then also appointment of a receiver can be done and in that way he has referred to the three judgments of this court, namely, 1948 patna, 195, 1976 bbcj, 521 and 1978 patna, 210 ..... reported in 1976 b.b.c.j .....

Bibi Naseema Khanam Vs. Bhagwan Prasad Sah and ors.

Court : Patna

..... privy council observed that protection of minors against the negligent acting of their guardians is a special one and in these cases the plaintiff in the second suit was also the plaintiff in the former suit, although in the earlier suit he or she had sued through ..... the subordinate judge rejecting the plea of res judicata advanced by the defendants on the ground that the plaintiffs in the suit of 1891 was guilty of gross negligence in the conduct of the proceedings before the courts and, therefore, the decision in such a suit could not bind the present plaintiffs or the worshippers at large. ..... has been preferred by the defendant (1st set) in a suit for declaration of title and consequential reliefs against the order of the trial court dismissing the petitioner's application questioning the jurisdiction of the court on the ground that the suit in question was barred by res judicata.2. ..... 16 shib narain singh and sarjug singh submitted that the aforesaid bhagwan sah and heirs of mukund sao to whom he has sold his interest and who are in possession of his interest should not be disturbed while the decree was executed. ..... and the ordinary litigant, who claims under one of the parties to the former suit can only avoid its provisions by taking advantage of section 44, evidence act, which defines with precision the grounds of such avoidance as fraud or collusion. ..... 15 and 16 are not to be disturbed in their possession and the portion in their possession shall be allotted in the patti of judgment .....

Manoj Kumar Verma Vs. State of Bihar and ors.

Court : Patna

..... due to this objection a meeting was convened on 30.4.2004 in the office chamber of the agriculture director, but the said meeting was disturbed by a few employees alongwith an m.l.a who broke into the office and started threatening and abusing the petitioner in presence of the director due to the submission ..... in the case of krishna mohan choudhary (supra) it was specifically held by a division bench of this court that the principle of law which emerges from various case-laws in matters of transfers and postings of government servant is that the authorities must act reasonably and in good faith and upon proper grounds in case of deviation from the recommendations of the establishment committee, which must be ..... matter should have been considered by the authority concerned which rejected the representation of the petitioner cursorily without any speaking order and without giving any reason at all, whereas the special circumstances of the case required serious application of mind before coming to any conclusion.17. ..... of the intervenors is baseless and frivolous and is a mischievous attempt to politicalise this case, specially when the record shows involvement of ex-minister and ex-mla in the transfer matter. ..... and that the order of his transfer (annexure 1) was mala fide, and his representation against his transfer was rejected (annexure 2) cursorily without giving any reason at all, whereas the special circumstances of this case required serious application of mind and consideration.5. .....

Devendra Thakur Vs. the State of Bihar and ors.

Court : Patna

..... the record can be corrected by a writ, but not an error of fact, however grave it may appear to be.in regard to a finding of fact recorded by an inferior tribunal, a writ of certiorari can be issued only if in recording such a finding, the tribunal has acted on evidence which is legally inadmissible, or has refused to admit admissible evidence, or if the finding is not supported by any evidence at all, because in such cases the error amounts to an error of law. ..... such disputed question of facts as with regard to the title, possession including the character of land cannot be gone into by this court under article 226 of the constitution of india and the petitioner therefore in order to get his right, title and possession of land in question would be required to file a civil ..... the court exercising special jurisdiction under article 226 is not entitled to act as an appellate court. ..... would not be given effect to but then it is clarified that the state or its agency will continue to make settlement of the sairat in the same manner as it has been going from 1975 onwards till the civil court of a competent jurisdiction declares the right, title and interest of the petitioner in the land/sairat in question.13 ..... 2/1976-77 also is misconceived because once the collector had held that the question of title would decide the question of possession and since the possession is of the state which has been settling the sairat in question ..... 2/1976-77 dated 12.3.1977 as an order of mutation does not create .....

Sailendra Kumar Vs. Chairman Bar Council of India and ors.

Court : Patna

..... the bar council of india had recorded its reasons while granting extension, it was submitted that the conclusion reached by the earlier bench was in the teeth of the law declared by the supreme court of india holding that the reasons must appear from a hare reading of the order, and must not require argument or involve any guess work or conjecture as to what possibly could be the reasons for ..... term of five years or the extended term, as the case may be, referred to in section 8, the bar council of india shall, on and from the date immediately following the day of such expiry, constitue a special committee consisting of-(i) the ex-officio member of the state bar council referred to in clause (a) of sub-section (2) of section 3 to be the chairman:provided that where there are more than one ex-officio members, the ..... the state bar council,to discharge the functions of the state bar council unit the bar council is constituted under this act,(2) on the constitution of the special committee and until state bar council is constituted, (a) all properties and assets vesting in the state bar council shall vest in the special committee;(b) all rights, liabilities and obligations of the state bar council, whether arising out of any contract or otherwise, ..... taken, to approach the appropriate forum challenging the order passed or the action taken on the grounds inter alia that it is malafide of arbitrary, or that it is based on irrelevant or extraneous considerations see : [1976]102itr281(sc) . .....

Brij Mohan Singh Vs. Smt. Krishna Shahi and ors.

Court : Patna

Reported in : 2007(1)BLJR635

..... basically, a oivil court is a court of equity and specially injunction is an equitable relief and hence while passing any such order, the prime consideration for such a court has to be equity, except in cases where there is any specific law or any specific bar against passing of such ..... the aforesaid facts and circumstances, i do not find any illegality or irregularity in the impugned order of the learned court below as the plaintiff-appellant is not entitled for grant of any injunction in his favour and, accordingly, this ..... discussions made above, it is quite apparent that there is neither any compulsion provided in any law upon the court to pass an order of injunction in every suit whatsoever nor is there any law providing any bar upon any court restraining it from refusing any prayer for injunction in any matter whatsover. ..... support of his aforesaid contention,whereas, learnea counsel for the defendant-respondents relied upon several decisions of this court as well as of the hon'ble apex court in case of dharam nath ojha (supra) , in case of t. ..... for the plaintiff-appellant relied upon the provision of section 52 of the transfer of property act (hereinafter referred to as 'the act' for the sake of brevity) and several decisions of this court as well as of the hon'ble apex court in case of gauri dutt maharaj v. ..... his daughter rama devi died in the year 1978, whereas, ram rekha prasad narayan shahi died in the year 1952 and his son bireshwar prasad narayan shahi died in the year 1976.4. .....

Mahtab Devi Vs. Narayan Sao and ors.

Court : Patna

..... may be noted that even before the said amendment of section 100 of the code in 1976, the concurrent findings of facts by the courts below could not be disturbed by the high court in second appeals as has been held by hon'ble apex court, namely in case of paras nath thakur v. ..... held that by the said deed of gift, saudi sao transferred the entire suit properties to his second wife, whereas the learned lower appellate court has held that although the entire suit properties had been described in the deed of gift, but saudi sao cannot legally transfer the share allotted in partition of 1961 to his son narayan ..... , at the hearing of the appeal, be allowed to argue that the case does not involve such question:provided that nothing in this sub-section shall be deemed to take away or abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question16. ..... 1 contributed or made efforts for the said purchases, specially when both the courts below have concurrently found that neither there was any income of ..... aforesaid facts and circumstances, the applicability of the provision of section 100 of the code as well as of the two judgments, referred in the order of the hon'ble apex court dated 23-4-2002, to the facts and circumstances of this case have to be considered by this court now.the provision of section 100 of the code after its amendment vide amendment act no. .....

(Shri) Bhagwan Singh and ors. Vs. the State of Bihar

Court : Patna

..... that the supervision note of the deputy superintendent of police was not sent by the prosecution in spite of an order of the court dated 18-3-1982.further there is discrepancy in the statements of the witnesses and further specially in the fard-beyan and the statement of the informant krishnawati who is the soils witness in this case. ..... being done with a criminal knowledge or intention, is done by several persons, each of such persons who joints in the act with such knowledge or intention is liable for the act in the same as if the act were done by him alone with that knowledge or intention'.in this section also the responsibility is shared by each offender individually if the act which is criminal only by reason of certain criminal knowledge or intention is done by each person sharing that knowledge or intention. ..... incised wounds-incised wounds are lacerations caused by a sharp cutting edge, where the force has been delivered over a very narrow area, corresponding with the point or edge of the blade.incised wounds may be caused by a knife, cleaver, spear, razor, sharp axe or any other metal cutting instrument or by sharp material such as broken ..... even if the finding of the acquittal is not disturbed, the conviction of the appellants under section 302 read ..... 1976 5c 2qz, it has beep observed at page 203 in para b;but the that fact the court gave permission to the prosecutor to cross-examine his own witness, thus characterising him as, what is described as a hostile witness does not .....

Santosh Mehta Vs. the State of Bihar and ors.

Court : Patna

..... article 48a of the constitution of india specially casts a duty on the state to protect the environment. ..... the secretary also mentioned that the administration is also concerned in the loss of catchment areas contributing to the recharge system and during monsoon. ..... prem kumar verma, submitting before the court that a similar matter is before another bench and the petitioner ought to have mentioned this and the petition is a duplication and is otherwise misplaced. 2. ..... let this matter be placed before the court on 13 may, 2003 under the supplementary list. ..... but, this is the cycle of nature, which as far as possible should not be disturbed. 5. ..... the court indicated to the secretary that at least the plans be drawn up for setting up a municipal water works for patna ..... the environmental protection act, 1986 casts an obligation to preserve the balance between consumption and natural resources. 9. ..... the court only needs to remind the state administration that protecting the environment and preserving the ecological balance is now an obligation set upon every citizen under the constitution. ..... the court was indicated by the secretary, urban development along with the chief engineer, patna water board that the ground water level in patna falls at the rate of 5 feet per year during summer. ..... the court takes this petition on an entirely different plane ..... the funds available for habitat water consumption be indicated to the court. ..... he accepts that unplanned unauthorised urban sprawl has covered these areas. .....

Satish Kumar Singh Alias Sitv (C-2 Singh) Alias Ashok Kumar Singh Vs. ...

Court : Patna

..... district magistrate, the detaining authority of the fact that the petitioner was in jail at the time of clamping of the order of detention and the detaining authority was satisfied in considering his antecedents and previous criminal acts, that there is likelihood of his indulging in criminal activities jeopardizing the public order if he is enlarged on bail and that there is every likelihood that the petitioner may be released on bail within a short time ..... state of bihar reported in : 1984crilj909 which has been referred in mustakmiyan's case (supra), the supreme court construed the expression 'habitually' to mean repeatedly or persistently and observed that it implies a thread of continuity stringing together similar repetitive acts but not isolated, individual and dissimilar acts and that repeated, persistent and similar acts are necessary to justify an inference of habit.28. ..... public order in the area was completely disturbed and, as such, sufficient police force was deputed to restore normalcy of public order in the area. ..... the object of the act as revealed from the preamble, is to make special provision for the control and suppression of antisocial element with a view to maintain the public order. ..... the people of the area were so much terror stricken that they started closing their houses and shops before dusk and public introduce special intensive patrolling and conducted raids to apprehend criminals in order to restore public order and confidence amongst the people. .....