Court : Patna
..... facts, it was not disputed by the authorities concerned at any point of time that father of the original writ petitioner died after coming into force of hindu succession act, 1956 leaving, amongst others, kaushalya devi as one of his successors and by reason thereof kaushalya devi acquired a complete right for herself to the extent of her share ..... original writ petitioner, of her own right should be treated to be a family or an unit. this contention was rejected first by the authorities exercising power under the act and then by the learned single judge, who dealt with the matter, principally on the basis of the judgment of the hon'ble supreme court rendered in the ..... it clear that personal law shall not be relevant or be taken into consideration for determining the composition of the family for the purpose of the act. therefore in terms of the provisions of the act the word 'family' shall mean and include a person, his or her spouse and their minor children. if the person is not married, .....
Tag this Judgment!Court : Patna
..... stated that he has filed a matrimonial case being matrimonial suit no. 1548 of 2001 in the court of district judge at alipore under section 10 of the hindu marriage act, 1955 for judicial separation. in this matrimonial case the wife, opposite party no. 2, arunakshi gupta had filed a transfer petition (civil) no. 991/2002 before the supreme court of .....
Tag this Judgment!Court : Patna
..... of the minor child in favour of the respondent. learned counsel for the respondent has also drawn our attention to the provisions of section 39 of the guardians and wards act, 1890 which deals with removal of guardians. he has specially relied on sub-section (f) which provides the grounds for removal of guardian and reads as under:- 39 ..... mahomedan law, especially sections 349, 350 and 351 of the same which deal with applications for appointment of guardians which has to be made under the guardians and wards act, 1890 which provides that the court shall make an order after being satisfied that it was for the welfare of the minor child and also deals with regard to ..... by the principal judge, family court, bettiah in miscellaneous case no. 40 of 2008. the case was filed by the respondent under section 7 of the guardians and wards act, 1890 for declaring him as guardian of the minor child raja babu. the respondent is the maternal uncle of the said boy namely, raja babu and appellant is the .....
Tag this Judgment!Court : Patna
..... for being filled up, and accordingly whatever has been paid to him should be deemed to have been paid by mistake which is recoverable under section 71 of the contract act at any point of time.15. in those circumstances, we would not interfere with the judgment and order rendered by the writ court.16. the learned counsel for the appellant .....
Tag this Judgment!Court : Patna
..... month. against the said order, no appeal was filed by the landlord, namely, 'the mills', whereas appeal no. 199 of 1990 was filed under section 24 of the act by the tenant, namely, the corporation, which was dismissed by the collector, bhagalpur, by his order dated 10.05.1994 upholding the rent fixed by the house controller ..... 09.1987, 'the mills', which is admittedly the landlord of the corporation, filed house control case no. 40 of 1987 under the provision of section 8 of the act before the house controller-cum-sub-divisional officer, sadar bhagalpur, for determination of fair rent. the said house controller asked the executive magistrate, bhagalpur, to make spot ..... filed by the food corporation of india under the provision of section 26 of the bihar building (lease, rent and eviction) control, 1982 (hereinafter referred to as 'the act' for the sake of brevity.2. admittedly, m/s shri bhagwati hosiery pvt. limited (hereinafter referred to as 'the mills' for the sake of brevity) is a .....
Tag this Judgment!Court : Patna
..... corporation. for those who have been left out the scheme is only an illusion. 8. the displaced persons were affected by the use of sovereign power under the act, the consequence of which was that their lands stood vested with the state free from all encumbrances. the land was acquired for the national thermal power corporation.9. ..... his way to make a statement that persons whose land has been acquired will given a job at the thermal power plant or other rehabilitation offers. ruthless as the act is in the exercise of its sovereign powers, compensation having been paid, that is the end of the matter. but in the present case, the hon'ble ..... in april 1985, lands were acquired at kahalgaon, bhagalpur by the state of bihar. ordinarily when powers are utilised under the land acquisition act, 1894 then to mitigate the circumstances compensation is paid under the act and further mitigating damages like solatium, interest etc. not to be ignored is an aspect that when the land is acquired under the .....
Tag this Judgment!Court : Patna
..... cooperative society and, therefore, the cooperative society cannot execute any development agreement in favour of respondent no. 2. as such respondent no. 2 has got no right to do any act of development on the suit land. the learned counsel further submitted that in view of the above facts the appellant has got prima facie case about the title. the learned .....
Tag this Judgment!Court : Patna
..... were ever contacted or complained. these circumstances are not in favour of the prosecution case.14. while awarding the conviction under section 4 of the dowry act the learned trial judge did not consider the above discussed infirmities in the prosecution case. on considering the above discussed infirmities i find that evidence brought by ..... has also argued that there are serious infirmities and contradictions in the evidence of the witnesses.11. firstly the charge under section 4 of the dowry prohibition act is taken up for discussion. the prosecution alleges that the accused had demanded dowry. the learned additional public prosecutor submitted that there is specific allegation on the ..... 876 of 1989/1978 of 2001, whereby the appellant has been convicted under section 304b of the indian penal code and section 4 of the dowry prohibition act and sentenced respectively to undergo r.i. for ten years and one year under the said sections.2. it appears that including the appellant originally there .....
Tag this Judgment!Court : Patna
..... but has been placed under a special system of control and conferred certain privileges by virtue of the provisions contained in sections 619 and 620 of the companies act. merely because the entire shareholding is owned by the central government will not make the incorporated company as central government. it is also equally well settled that ..... and control over these agencies under section 39 of the act. these agencies have powers to make rules and regulations for its governance the same is subject to prior approval of the state government.3. to meet the ..... promulgated in the year 197 5 a statutory status was granted to these agencies. it was finally converted into the bihar agricultural and rural area development agency act 1978 i.e. act 3 of 1979. in terms of this legislation, the agencies are autonomous bodies in their own right and they have a board of directors for administration .....
Tag this Judgment!Court : Patna
..... is submitted that in any event there are no allegation of any harassment. or torture meted out by the present petitioners so as to invoke the provisions of the aforesaid act against them. the entire allegations are generalised and can at best be narrowed down to accused no. 1. in so far as the present petitioners are concerned, the complaint was ..... as also the entire proceedings in complaint. case no 307 of 2003 under sections 498a, 323, 379 of the penal code read with sections 3/4 of the dowry prohibition act passed by the sdjm east muzaffarpur.3. the petitioners are stated to be the married sister of the husband of the complainant and her husband. they have been implicated as .....
Tag this Judgment!