Court : Patna
Decided on : Feb-24-2005
..... in which it was held that the court has got the power to allow the relief of possession even without a formal order of amendment as in terms of section 55(1)(f) of the transfer of property act, the seller is obliged to give possession of the property to the buyer, and in case where the deed of transfer is executed ..... for sale of suit property without a claim for delivery of possession, cannot be treated as a 'suit for land' and is, therefore, triable under clause 12 of letters patent of bombay high court and that in a suit for land no order for delivery of possession can be validly passed without any such relief having been sought by the ..... decree-holder (o.p.) filed his rejoinder to the aforesaid supplementary petition of the judgment-debtor (petitioner) on 14.8.1994.6. by the impugned order dated 5.1.2005 the learned court below has allowed the petition of the decree-holder (o.p.), rejected the objection of the judgment-debtor (petitioner) and directed delivery of possession in favour of .....
Tag this Judgment!Court : Patna
Decided on : Mar-15-2005
..... e. the date when by notification only the state was authorised to exercise jurisdiction under section 45-b of the ceiling act. vide ordinance no. 20 of 1995 the word 'collector' was omitted. this ordinance was made an act by amendment act of 1997 and since the date of the notification i.e., 9.9.1995 the collector was devoid of powers ..... the ordinance 20 of 1995 the power of the collector was omitted from section 45-b of the ceiling act. this ordinance law came in effect by notification dated 9.9.1995 was enacted by amendment act, 1997, since the date of notification in the year 1995 the collector was devoid of any power for exercising jurisdiction under section 45-b ..... power subsequent to the amendment in the act by the ordinance no. 20 of 1995 under section 45-b of the ceiling act.11. on consideration of the facts and circumstances i find that he order impugned dated 21.8.1999 as contained in annexure 6 as well as the notice dated 19.1.1999 annexure 3 are patently illegal and without .....
Tag this Judgment!Court : Patna
Decided on : Aug-30-2005
..... the formation of the trust and its functioning at various stages were described and details of the suits and proceedings were also given. he also averred that after the amendment of 2002 in the code of civil procedure this civil revision is not maintainable, specially in view of the decision of the hon'ble apex court in the ..... board was clearly not justified in passing any order or taking any steps on 8/10-8-1998 or thereafter with respect thereto. even the above mentioned letters patent appeal filed against the writ case was dismissed on 18-5-2000 as infructuous on the ground that the board had framed a permanent scheme on 22-9-1999 ..... . furthermore, section 115 of the code of civil procedure specifically provides that where the subordinate court fails to exercise a jurisdiction vested in it or where it has acted in exercise of its jurisdiction illegally or with material irregularity, this court can interfere in its revisional jurisdiction. here in the instant case the lower court has not .....
Tag this Judgment!Court : Patna
Decided on : Sep-23-2005
..... that noc was applied for belatedly. the state government could not be blamed for not taking decision on the application of the appellant as under regulation 6 as amended in 2003, it was required to dispose of such an application within six months from the last date of the receipt of the application, in short, the ..... been, successfully, shown or pointed out, which would, remotely, even prompt us to interfere with the judgment in this letters patent appeal with the help of clause x of the letters patent appeal.9. the act is brought into force to provide for establishment of a national council for teacher education with a view of achieving planned and ..... bhatt, c.j.1. by this letters patent. appeal under clause x of the letters patent, the appellant arajkiya khwaja shahid hussain primary teacher training college (in short, the college) has assailed the judgment of the learned single judge rendered in cwjc no. 5539 of 2004, passed on 16-3-2005., whereby the writ petition filed by the appellant .....
Tag this Judgment!Court : Patna
Decided on : Mar-21-2005
..... and two of the intervenors who are related to three blocks, as stated above, filed letters patent appeals apart from the state government, as stated above.6. it is to be stated that as the auction was held under the newly amended rule, there was some confusion as to whether auction amount offered by the bidder was royalty ..... writ petitioners-respondents which has been taken away without following principle of natural justice.10. law is well settled that even in administrative matters the state has to act in a fair and reasonable manner and the state action should not be arbitrary and irrational. while making a judicial review with regard to contractual matters, the court ..... and no further royalty will be required.7. learned single judge allowed the writ applications on three grounds, namely, that section 64 of the sales of goods act will apply and once the tender was opened and auction was accepted there was concluded contract and the right has accrued in favour of the writ petitioners and the .....
Tag this Judgment!Court : Patna
Decided on : Apr-26-2005
..... and (f) framed by the council was challenged as ultra vires of the provision of the act. it appears that the relevant regulation has been amended on 6.6.2003, a copy of which has been appended as annexure-d to the letters patent appeal, which inter alia fix a time limit for granting no objection certificate by the state ..... the writ application was confined to quashing the aforesaid direction and for a direction to the regional committee to grant recognition in terms of section 14 of the act.5. the stand of the council-appellant is that as the petitioners did not file the no-objection certificate and other required documents their case was not considered ..... of the state government.2. the factual matrix of the case are that the writ petitioner- respondent no. 1 is a registered society registered under the societies registration act with an object inter alia to develop, uplift and promote the educational standard of rural areas so that they may be well equipped to serve their family members and .....
Tag this Judgment!Court : Patna
Decided on : Mar-15-2005
..... not require fresh concurrence of bihar public service commission and to that extent the procedure given in rule 724 a was amended. in other words, now the question of promotion has to, be considered by a departmental promotion committee headed by chairman ..... smt. sidhidatri sinha @ sidhidari sinha, (supra without laying down a law, a division bench of this court dismissed the letters patent appeal taking into consideration the facts of that case that an attempt was made to reopen a dead case.19. the question whether ..... of this court contained in annexure-6 and 6/1 to the aforesaid writ application.3. lpa no. 70 of 2005 has been filed against the order dated 11.2.1999 passed in cwjc no. 9522 of 1998 whereby similar direction was ..... v. mst. katiji and ors. : (1987)illj500sc held that the expression 'sufficient cause' employed by the legislature in the limitation act, is adequately elastic to enable the courts to apply the law in a meaningful manner which subserves the ends of justice - that being .....
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