Court : Patna
..... both the witnesses also signed over the will as attesting witnesses. later, she left for her heavenly abode on 25.5.1992 at 5.30 p.m. in the indira gandhi institute of cardiology (p.m.c.h.), patna, whereafter the present petition was filed on 18.1.1993, praying inter alia to grant probate of the aforesaid will and last ..... its contents. the draft of power of attorney was made by sri d.p. sinha, advocate who also had read over and explained the contents of power of attorney in hindi to tetar devi, who put her signature over the same after properly understanding the contents. it is also stated that tetar devi requested the four brothers to put their signatures ..... unable to move and she never went to the house of sri madan babu, advocate as she was not in a position to go. he admitted that his aunt knew hindi but it was more convenient for her to read and write in kaithi. after looking at the signature on the disputed will, he disputed the signature of the testatrix over .....
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S. Nayer Hussain, J.1. Heard learned counsel for the petitioner, learned counsel for opposite party No. 1, Bihar State Board of Religious Trust (hereinafter referred to as 'the Board' for the sake of brevity) and learned counsel for opposite party No. 2, Sri Sri 108 Narsingh Bhagwan Trust (hereinafter referred to as 'the Trust' for the sake of brevity).2. The petitioner was sole plaintiff of Title Suit No. 244 of 1987 which he had filed for declaration of his title over the suit property, which opposite parties claim to be the property of the Trust governed by the Bihar Hindu Religious Trusts Act, 1950 (hereinafter referred to as 'the Act' for the sake of brevity). In the said suit the Trust (opposite party No. 2) and the Board (opposite party No. 1) were impleaded as defendants No. 1 and 2 respectively, but they after appearing in the suit on 13.3.1989 through their counsel, did not appear thereafter nor contested the same. In the said circumstances the plaintiff filed a petition on ...
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..... and joint electorate. even dr. ambedkar, who was initially of the view that a separate electorate be carved out with respect to the members of the scheduled caste, which compelled mahatma gandhi to go on indefinite fast, finally culminated into historic puna pact, deciding in principles that temporary provision of reservation, for scheduled caste and scheduled tribes be given in the mixed ..... definition of basic structure as laid down by supreme court in keshvananda bharti's case air 1973 sc 1461, which was subsequently followed by the supreme court in indira nehru gandhi, air 1975 sc 2299 and in minerva mill limited, air 1980 sc 1789. it was contended that democracy in the context of indian constitution mean peoples' power for self governance .....
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R.N. Sahay, J.1. This litigation has a chequered history and the facts of the case are rather involved and hence has to be narrated with sufficient clarity.2. This appeal under Clause 10 of the Letters Patent Appeal arise out of a proceedings under the Land Acquisition Act. In pursuance of a declaration dated 16.2.1982 (Ext. 7) 36.86 acres of land (out of 43.92 acres) bearing plot Nos. 4/5 and 10 appertaining to khata No. 151 of village Phusari in the district of Lohardaga, was acquired for a project called Phulsari Sapahi Nala'. The lands of khata No. 151 under khewat No. 2/9 R.S. Plot Nos. 4, 5 and 10 were recorded under the revisional survey record of rights as 'gair majarua malik'. But according to the appellant-State of Bihar, the aforesaid land vested in the State of Bihar as per notification dated 18.8.V995 (Ext. M). Therefore, the State claimed that it was entitled to get compensation for the lands acquired under Ext. 7.3. The case of the respondent was that before vesting of ...
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Radha Mohan Prasad, J.1. The First writ petition, in which the petitioner who is an Advocate of this Court and has appeared in person has alleged failure on the part of the Government of Bihar to perform democratic and Constitutional duties including the one contained in part IX of the Constitution of India and thus, according to him it is not being run in accordance with the provision of the Constitution. Accordingly, the petitioner has prayed for issuance of a Writ in the nature, of writ of mandamus commanding the Union Government to act in terms to Article 355 and/or 356 of the Constitution of India to ensure that the Government of Bihar is run an accordance with the provisions of the constitution and to issue a writ of prohibition or quo warrant to or any other appropriate writ restraining and or commanding the special officer of Chapra Municipality (dissolved on 23.6.1995) (respondent No. 3) from acting and exercising powers in the said capacity after 22.12.1995, by which date th...
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..... (new) tauzi no. 205, holding no. 579/275 '(old) 579a circle 9, ward no. 10 of patna municipal corporation situated at rajendra patha, 'tripti smriti' firm press lane, p.s. gandhi maidan, sub-registry office, patna. in compliance of the order of the appropriate authority, income-tax department, lucknow, issued under their no. aa/rp-91/94-95, dated february 22 .....
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N. Pandey, J.1. This appeal by M/s. Bharat Coking Coal Limited (defendant) is directed against the Judgment and decree passed by the Sub-ordinate Judge, 2nd Court. Dhanbad, in Money Suit No. 18 of 1986, whereby and whereunder, the plaintiffs suit was decreed in part for Rs. 34,63,950/- (rupees thirty four lacs sixty three thousand nine hundred and fifty) coupled with damages at the rate of Rs. 175/-per month per decimal so long the defendant retains the possession of the suit land or regular sate deed was executed by the plaintiff.2. In short, the case of the plaintiff is that he acquired 20-16 Acres of land comprising of various plots under Khata Nos. 1 and 2 at Mouza-Durgapur within Jharia Police Station in the district of Dhanbad for valuable consideration by virtue of the registered deed of sale dated 16-2-1970 and 8-6-1979 from Jiv Rai M, Patel Narasi R. Chodwa, Khem Shankar Jain and Smt. Gomati Ben Kharfeha and since then he had been coming in possession over the same. The acqui...
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Samarendra Pratap Singh, J.1. Heard counsel for the petitioner and the State as well as learned Counsel appearing on behalf of the Informant.In the instant writ petition the petitioners pray for quashing the order dated 28.8.2006 passed by the learned Chief Judicial Magistrate, Saran at Chapra in U.T. Case No. 459 of 2008 whereby the learned Magistrate was pleased to take cognizance and summon the accused petitioners to face trial, (b) and further for a declaration that the impugned order dated 28.8.2006 passed by the learned Magistrate, is in violation of the mandatory provisions contained in proviso of Sub-section (2) of Section 202 of the Cr.P.C., as all witnesses mentioned in complaint petition have not been examined by the complainant.2. The facts of the case in short are as follows; on the statement of respondent No. 5, a F.I.R. was lodged bearing Mashrak P.S. Case No. 191 of 1995, under Section 307 of the Indian Penal Code, and under the Arms Act, dated 15.8.1995. While the in...
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S.K. Chattopadhyaya, J.1. Invoking the jurisdiction of the High Court under Article 226 and 227 of the Constitution of India, the petitioners have prayed for quashing the entire proceeding as well as the investigation and order issuing warrant of arrest arising out Patna Vigilance P.S. Case No. 5/89 now pending in the court of the Special Judge (Vigilance), Ranchi.2. As both the writ petitions arise out of the same FIR and similar points are involved they have been heard together and they will be government by this common judgment.3. During the course of hearing an English translation of the 'First Information Report was submitted on behalf of the petitioners from perusal of which it appears that one Mohan Rajak, Deputy Superintendent of Police, CID (Vigilance) of the Bihar State Electricity Board (shortly 'the Board'), opposite party No. 2, lodged it on 16.6.1989. It was expressly averred therein that the petitioners, Brij Kishore Jhawar as the owner and O.P. Kapila as the Chief Exec...
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..... that falls for consideration is whether prior notice and opportunity of hearing is implied in the said provision.10. a similar question arose before the apex court in smt. maneka gandhi v. union of india and anr. reported in : [1978]2scr621 wherein their lordships held as under:para-57: the question immediately arises does the procedure prescribed by the passports act .....
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