Court : Patna
Decided on : Aug-24-1999
..... suit for eviction is not maintainable and is barred under section 69(2) of the indian partnership act. it is alleged that mohanlal manjhi and brothers is a partnership firm and the same not having been registered under the partnership act, cannot maintain the suit. the defendant also denied non-payment of monthly rent to the ..... suit is for enforcement of right arising from a contract of tenancy. such a suit, therefore, cannot be barred under section 69(2) of the partnership act. the judgment and decree of the court of appeal below, therefore, cannot be sustained in law.17. in the result, this appeal is allowed. ..... unregistered firm, i am of the definite opinion that the suit for a decree of eviction is not barred under section 69(2) of the partnership act. the court of appeal below has wrongly relied upon the decision in the case of firm laduram sagarmal (supra) and in the case of ..... even then suit for eviction is maintainable by or on behalf of unregistered firm and the same is not barred under the provisions of the partnership act.9. from perusal of the judgment of the appellate court, it transpires that the court below after-re-appraising the entire evidence both oral ..... being unregistered firm cannot maintain a suit for eviction against the defendant and the same is barred under the provisions of section 69(2) of the partnership act. hence, this appeal.6. at the time of admission of this appeal, the following substantial questions of law were formulated:whether suit for eviction .....Tag this Judgment!
Court : Patna
Decided on : Aug-19-1999
..... liability to pay tax impugned in the petition each one has his own independent cause of action. a firm as understood under the partnership act or a company as understood under the indian companies act, if it is entitled in law to commence action either in the firm name or in the company's name, can do ..... transport (p) ltd. : 3scr7 , wherein the apex court, while dealing with appellate order passed be the state transport appellate tribunal under the motor vehicles act held as under:.even though all the appeals with respect to one route may have been disposed of by a single appellate order in form, in reality, the appellate ..... ), reiterated the same view. in that case the food grains dealers each of whom was having a licence under the u.p. krishi utpadan mandi samiti act filed the writ petitions seeking direction to the mandi samiti not to charge market fee. it was held that although the ground of attack is common and the ..... if a writ petition is filed by more than one person each petitioner has to pay separate set of court fee.5. the court fee (bihar amendment) act, 1996, has fixed rs. 250/- as court fee for an application/petition filed under article 226 of the constitution of india. payment of court fee does ..... so by filing a petition for the benefit of the company or the partnership and in such a case court fee would be payable .....Tag this Judgment!
Court : Patna
Decided on : Oct-04-1999
..... by this common judgment. the question is whether 'veneer' is a forest produce within the meaning of the indian forest act, 1927 (in short, 'the act'), so as to make the provisions of the act applicable to it and confer jurisdiction upon the forest officials to seize and confiscate the goods under the ..... or mechanical process. the court observed that in such cases a purposive interpretation of statute is required and in the context of the forest act it is imperative to do so which would aid conservation of sandalwood, a valuable forest wealth, prevent illicit felling and transportation of sandalwood trees ..... product of wood/timber deserves to be rejected as being without any substance. the expression 'fashioned for any purpose' under section 2(6) of the act would certainly include processed or finished timber and, therefore, veneer must be held to be a 'timber' under section 2(6) and, therefore, a ..... shown. on suspicion the truck along with veneer was seized and a prosecution report alleging commission of offences under sections 41 and 42 of the act was filed before the chief judicial magistrate, araria. the seizure was also reported to the divisional forest officer (extension division), purnea. application was ..... act.2. the representative facts may be noticed from the writ petition in cr.w.j.c. no. 313/95. petitioner no. 1 of the case is a registered partnership firm, while the other petitioners are said to be related .....Tag this Judgment!
Court : Patna
Decided on : Jul-23-1999
..... for quashing the complaint on the ground that the petition was false and fabricated.8. according to the petitioner, m/s. bihar abhikaran is a partnership firm consisting of family members and the wife of the complainant, smt. manju jalan. the petitioner challenges the jurisdiction of patna court to entertain the ..... patna for prosecuting the accused persons named in the complaint petition for offences punishable under sections 409, 420, 467, 468 read with section 120b of the indian penal code. the chief judicial magistrate transferred the complaint case for enquiry under section 192, cr.p.c. to the file of shri s.k. ..... accused. the case in the complaint petition is that the complainant is one of the partners of m/s. bihar abhikaran. the petitioner was acting as an agent or broker of the complainant for purchase and sale of shares of different companies. the petitioner was receiving payment from the complainant from ..... of friendly accommodation without payment, title in the same remaining with the complainant, made over the same to the agent (accused no. 1) who acted as representative, accused no. 2 in presence of the complainant with his consent on the condition that the share scripts made over to the agent would ..... for the period till before settlement of account he obtains security to cover cases of shortfalls recoverable from the person or persons, for whom he acts in the deal of purchase or sale of share scripts at the exchange.3. the case of the complainant is that the accused as stock .....Tag this Judgment!
Court : Patna
Decided on : Apr-20-1999
..... of 79 h.p., which is under l.t. consumption. 2. the facts, which are not in dispute, are that the petitioner is a partnership firm and has established a hard coke plant at tundi road, panchrukhi, p.s. gobindpur, district dhanbad. the petitioner applied for electricity connection and ..... he submitted that the disconnection of electric line without notice to the petitioner is in breach of the provision contained in section 24 of the indian (electricity) act. in support of the aforesaid submission, he relied upon two division bench judgments of this court in the cases of i.v.c. pharmaceuticals ..... found to have been using more electricity than the sanctioned or contracted load, a notice is required before disconnection or not? section 24 of the indian electricity act, 1910, runs as follows :-- '24. discontinuance of supply to consumer neglecting to pay charge-- (1) where any person neglects to pay any ..... that fact, can disconnect the line and no notice is required before disconnection. the requirement of notice, as contemplated under section 24 of the act, is not envisaged in such a case. he also submitted that the tariff itself provides disconnection without notice in case of use of electricity ..... specific permission of the board, the board may without prejudice to its other rights under the agreement or under the provisions of the electricity act, estimate the value of the electrical energy, so extracted, consumed or used shall be calculated as provided therein and may also disconnect the .....Tag this Judgment!
Court : Patna
Decided on : Jul-09-1999
..... necessary to refer to salient facts of the case in order to give my opinion on the review petition. respondent m/s. jethmull bhojraj, a partnership firm having its place of business at m.g. marg, gangtok, sikkim and also at jhumritilaiya within the district of koderma filed c.w.j. ..... withdraw from acquisition the substantial portion of lands on the ground that when the lands in question were notified under section 29 of the indian forest act, the forest department unlawfully took possession of those lands and continued to be in possession of the same and therefore, when notifications under section ..... devipur.8. in 1948 lands in question were notified under sections 14 and 21 of the bihar private forest act, 1947. they were again notified under section 29 of the indian forest act in 1953-54. later, the government realised that in order to improve those lands in the adjoining government forests ..... jamabandi is already running in the name of writ petitioner jethmull bhojraj and for cancellation of the same, proceeding under section 4(h) of the act was initiated which proceeding was ultimately dropped vide annexure-h. sri debi prasad has referred to the division bench decision of this court in b ..... not taken by the government. hence, the government was at liberty to withdraw, from acquisition by exercising power under section 48(1) of the act. moreover, the previous decision operates as res judicata and in the later proceedings such decision cannot be reopened on the ground that certain record .....Tag this Judgment!
Court : Patna
Decided on : Jul-27-1999
..... submission recorded in paragraph 3 of the judgment:.the petitioner's contention is that the impugned order was passed without ascertaining the fact that the petitioner retired from the said partnership long back in the year 1980 and all the shares, liabilities and assets of the petitioner was accepted by the other partner, namely, bipin kumar singh who have given declaration ..... supplementary application dated 3-3-93 is not before me. secondly, once the information is lodged with the police station, it is for the police to investigate the allegations and act in accordance with law which includes identification of the offenders. the contention of the petitioner is rejected.7. it was next submitted that the specific provisions of the i.p ..... the validity of the impugned order of cognizance, learned counsel for the petitioner submitted that fir does not name the accused-persons. it does not attribute or apportion the criminal acts, nor does it state the exact number of persons who were involved in the alleged occurrence, nor does it state the manner of assault. in other words, the allegations in .....Tag this Judgment!