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Judgment Search Results Home > Cases Phrase: mediation Court: patna Year: 2004 Page 4 of about 51 results (0.022 seconds)

Oct 04 2004 (HC)

Lalmuni Devi and ors. Vs. Jagdish Tiwary and ors.

Court : Patna

Decided on : Oct-04-2004

s.k. katriar, j.1. the defendants first set are the appellants against a judgment of reversal. this appeal is directed against the judgment and decree dated 9.6.1998, passed by the learned 5th additional district judge, siwan, in title appeal no. 13 of 1992, jagdish tiwari v. lalmuni devi and ors., whereby he has allowed the appeal preferred by the plaintiff and the defendants second set, and set aside the judgment and decree dated 9.4.1992, passed by the learned 2nd munsif, siwan, in title suit no. 101 of 1984, jagdish tiwari v. rajpati chaudhary and ors. the learned trial court had dismissed the suit which has been set aside by the impugned judgment and decreed the suit. we shall go by the description of the parties occurring in the plaint.2. it arises out of a suit for declaration of title of the plaintiff and defendant 2nd set (respondent herein), and for confirmation of their possession over the suit land bearing plot no. 104. as per the plaint, ram ugrah tiwari had four sons, namely, sital tiwari, ramautar tiwari, muneshwar tiwari and deodut tiwari. sital tiwari died leaving behind his two sons, samsundar tiwari and nakched tiwari. shyam sundar also died issueless living jointly with his full brother nakched tiwari who died leaving behind his sons who are plaintiffs and defendant no. 8. the property belonging to late shyamsundar tiwari is coming in possession of the plaintiff and defendant no. 6 (ramautar tiwari), full brother of sital tiwari who died leaving behind .....

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Mar 10 2004 (HC)

Gorakh Giri Vs. Surendra Giri and ors.

Court : Patna

Decided on : Mar-10-2004

nagendra rai, j.1. the plaintiff-petitioner is aggrieved by the order dated 22.1.2003, passed by the additional district judge-iii, siwan, in title appeal no. 103 of 1983, rejecting the application filed by the petitioner under sections 151, 152 and 153 of the code of civil procedure (hereinafter referred to as 'the code'). the prayer made on behalf of the petitioner is to incorporate reliefs, prayed for in the suit, in the judgment and decree, which have been omitted by the appellate court while allowing the appeal after setting aside the dismissal of the suit by the trial court.2. the factual matrix necessary for disposal of the present matter are that the petitioner filed title suit no. 81 of 1972 in the court of the 2nd munsif, siwan, against the defendant-opposite parties under order i, rule 8 of the code for declaration that the disputed land is a public land and the defendants have no right and title over the same and they have no right and title to construct wall, palani etc. over the suit land and also for delivery of possession after removal of the illegal structure of the defendant-opposite parties from the suit land.3. the trial court dismissed the suit. the plaintiff preferred title appeal no. 103 of 1983, which was allowed on 18.12.1987 and the operative part of the judgment is that the appeal succeeds and the order of the court below is hereby set aside. in terms of the aforesaid judgment, a decree was prepared and it also incorporated the same terms. 4. the .....

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Jan 23 2004 (HC)

Priyanka Pratap Singh Vs. Divisional Manager Ibp Co. Ltd. and ors.

Court : Patna

Decided on : Jan-23-2004

radha mohan prasad, j. 1. in this writ petition, the petitioner is aggrieved by the list of shortlisted candidates in order of merit dated 7.10.2003 (annexure-8) for retail outlet of respondent ibp company limited at the location goh, district aurangabad. in the said list hari narayan tripathi (respondent no. 3) has been placed at serial no. 1 and the petitioner has been placed at serial no. 3. according to the petitioner, the selection of respondent no. 3 is wholly arbitrary and mala fide inasmuch as, according to her, he is less deserving candidate than her above all he did not fulfil the pre-requisite criteria for the selection.2. in short, the relevant facts are that the respondent-company issued notice in 'hindustan' a hindi daily published on 6.10.2001 (annexure-1) inviting offer for appointment of retail outlet/sko-ldo dealership at various places, including the above mentioned place in question. as per clause 'kha' of the said advertisement, preference was to be given to those who were willing to transfer the ownership of the land or executing agreement for long term lease. besides others, the petitioner and respondent no. 3 filed their applications in response to the said notice. subsequently, the respondent-company issued another notice dated 12.7.2002 (annexure-2) that the company are interested in taking land free from encumbrances on long term lease for opening of the retail outlet at goh on daudnagar gaya road, n.h. 7 besides other places, which are not covered .....

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Jul 19 2004 (HC)

Daya Shankar Singh and anr. Vs. the State of Bihar

Court : Patna

Decided on : Jul-19-2004

aftab alam and b.k. jha, jj.1. this appeal and the connected appeal being criminal appeal no. 94 of 1998 are filed against the same judgment and order passed by the trial court and, therefore, these two appeals are to be heard together.2. appellant no. 2, maya shankar singh in this appeal stands convicted under section 302 of the penal code. the rest of the three appellants, daya shankar singh in this appeal and two other appellants in the connected appeal were convicted under section 302/34 of the penal code. both maya shankar singh and daya shankar singh were further convicted under section 27 of the arms act. all the appellants are sentenced to rigorous imprisonment for life for committing murder and the two appellants in this appeal are further sentenced to three years' r.i. for the offence under the arms act.3. the two appellants in the connected appeal being cr. appeal no. 94 of 1998 were granted bail by this court. in this appeal, however, the prayer for bail on behalf of both the appellants was rejected; in the case of maya shankar singh, his prayer for bail were rejected more than once.4. when the appeals were called out for hearing, mr. akhileshwar pd. singh, counsel appearing for the informant filed an affidavit in which it is stated that the appellant maya shankar singh had escaped from jail custody during the pendency of the appeal and had not yet been apprehended.5. mr. suraj narain pd. sinha, learned senior advocate appearing for the appellants in the two .....

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Sep 21 2004 (HC)

Rajesh Ranjan Alias Pappu Yadav Vs. State of Bihar

Court : Patna

Decided on : Sep-21-2004

r.s. garg, j.1. heard learned counsel for the petitioner, learned counsel for the cbi and learned counsel for the informant.2. the present is an application under section 439, cr.p.g. on behalf of the applicant rajesh ranjan alias pappu yadav.3. the applicant is in jail in connection with k. hat p. s. case no. 230/98, cr.c. case no. 12(s)/98 pending in sessions trial no. 976/99 before the cbi court. he has made this application for grant of bail.4. the facts material for deciding the matter in short are that one kalyan chandra sarkar lodged a first information report that his brother and other two were murdered while the fourth man suffered serious injuries in an attack opened by one rajan tiwary and his associates. from the records it would appear that the police after completing investigation filed a charge-sheet on 20-9-1998 and nothing was reported against the applicant. thereafter the cognizance was taken by the concerned magistrate on 23-9-1998 but no cognizance was taken against the applicant. on 28-9-1998 cbi took up the investigation and on 12-2-1999 co-accused rajan tiwari was arrested. on 22-2-1999 said rajan tiwari was produced before the metropolitan magistrate, delhi in proper custody, his confessional statements were recorded and thereafter his custody was again handed over to the police. in his confessional statement while admitting his guilt that he committed murder, he also made allegations against the present applicant-petitioner that there was meeting of .....

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Jan 07 2004 (HC)

Ramjee Singh and ors. Vs. Bihar State Road Transport Corporation and o ...

Court : Patna

Decided on : Jan-07-2004

r.s. garg, j. 1. heard learned counsel for the parties.2. the respondent bihar state road transport corporation which is being squeezed by the government on one side and crushed by over-staffing on the other hand is facing a serious financial crunch. it has only 300 buses to ply on the roads while it has more than 6000 employees to look after them. it appears that one bus has to maintain more than 20 persons and has also to earn something towards the maintenance of the offices and maintenance of the corporation and its high class officers.3. it appears that the matter went to the supreme court in civil appeal no. 7290 of 1994. as the supreme court found that the matter was required to be monitored by the court itself it constituted a committee and issued certain directions to the committee to prepare a package so that the dying corporation is revived and it starts earning. according to the respondents, after the directions of the supreme court constituting the committee the said committee was headed by the chief secretary of the state government, it submitted the report incorporating a revival package scheme, which was accepted by the state govt. and implemented and effected by the orders of the apex court in toto with effect from 1.4.1998.4. paragraph 4.25 of the said report/package relates to the revenue generation. one of the questions submitted before the committee was that because of the competitive operations of authorised/unauthorised private buses on nationalised .....

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May 13 2004 (HC)

Narayan Sah Vs. the State of Bihar and ors.

Court : Patna

Decided on : May-13-2004

s.k. katriar, j.1. heard mr. v. nath for the petitioner, mr. abbas raider, jc to gp ii for respondent nos. 1 and 2, and mr. o.p. agrawal for respondent no. 3 (shailendra singh). this writ petition is directed against the order dated 16.3.2001 (annexure 2), passed by the learned collector of the district of begusarai in revenue case no. 68/97 ram lagan singh v. narayan sah, in purported exercise of powers under section 21 of the bihar privileged persons homestead tenancy act, 1947 (hereinafter referred to as 'the act').2. according to the writ petition, the petitioner is a 'privileged tenant' in terms of section 2(j) of the act and has his homestead on the land in question. he was threatened with ejectment and, therefore, filed an application under section 5 of the act which was on contest allowed by order dated 15.9.1997 (annexure 1), passed by the learned anchal adhikari, begusarai, in basgit parcha case no. 6026/3 of 96-97/97-98, whereby the requisite declaration under the act, was granted in favour of the petitioner, and basgit parcha was directed to be issued to him. respondent no. 3 preferred an application under section 21 of the act which has been allowed by the impugned order, whereby the said order dated 15.9.1997 (annexure 1) has been set aside, and the basgit parcha directed to be issued in favour of the petitioner has been cancelled primarily on the ground that the petitioner is not a 'privileged tenant' within the meaning section 2(j) of the act who is owner .....

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Jun 28 2004 (HC)

Commissioner Customs Department Vs. Smt. Nirmala Mitra

Court : Patna

Decided on : Jun-28-2004

r.s. garg, j. 1. the short question argued at length and in great details by the legal luminaries can be summarized as to whether the high court is entitled to apply the provisions of indian limitation act specially section 29(2) and section 5 to condone the delay, in an application under section 130a of indian customs act made by the party appellant. we are required to explicit what is the implicit and inherent in the provisions of law because the respondent-objector has submitted that the petitioner is not entitled to an order of condonation of delay of three days in making the application for reference. 2. the facts necessary for disposal of the present controversy in short are that on 4.11.1950 the cid branch of bombay police instituted a case against one s.k. mitra, husband of the respondent observing that the deceased made certain defalcation of government money. they also seized foreign marked gold bars from the residential premises situate in bombay. the police case was that out of the defalcated money, said s.k. mitra acquired moveable and immovable properties. the further allegations were that he acquired the properties between 1941 till september, 1949. he was tried under section 409, 420, 467 and section 120b, read with section 4d9, 420, 467/471 of the indian penal code. the criminal case was finally decided in 1993. the gold bars which form part of the attachment proceedings in defalcation case no. mjc no. 31 of 1949 before the judicial commissioner, ranchi was .....

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Mar 25 2004 (HC)

Ply King Vs. Central Board of Direct Taxes and anr.

Court : Patna

Decided on : Mar-25-2004

1. heard learned counsel for the parties.2. the present application has been filed for quashing the order dated march 12, 1991, as contained in annexure 10, passed by the commissioner of income-tax, patna, rejecting the application filed by the petitioner for waiver of penalty and interest under section 273a of the income-tax act (for short 'the act').3. the facts, which are not in dispute, are that the petitioner is a partnership firm and on february 15, 1985, the premises of the firm and the residential house of one of its partners were searched under section 132 of the act. admittedly, at that time, the jurisdiction to hear the application under section 273a of the act was with the commissioner of income-tax, calcutta. however, on march 1, 1985, the petitioner filed a petition under the aforesaid section before the commissioner of income-tax, patna, stating that a number of books of account were seized at the time of search and the petitioner wanted to make full and true disclosure of all its income so that proper assessment could be made thereof right from the assessment year 1976-77 till the relevant period, i.e., the year of search. it was further prayed that in view of the fact that the petitioner was ready to make full and true disclosure, the petitioner might be exempted from payment of penalty, interest, etc. on june 6, 1985, the central board of direct taxes (for short 'the board'), transferred the jurisdiction to hear the matters under section 273a of the act .....

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Mar 25 2004 (HC)

Ply King Vs. Central Board of Direct Taxes

Court : Patna

Decided on : Mar-25-2004

heard learned counsel for the parties.2. the present application has been filed for quashing the order dated 12-3-1991, as contained in annexure 10, passed by the commissioner, patna, rejecting the application filed by the petitioner for waiver of penalty and interest under section 273a of the income tax act (hereinafter referred to as'the act').3. the facts, which are not in dispute, are that the petitioner is a partnership firm and on 15-2-1985, the premises of the firm and the residential house of one of its partners were searched under section 132 of the act. admittedly, at that time, the jurisdiction to hear the application under section 273a of the act was with the commissioner, calcutta. however, on 1-3-1985 the petitioner filed a petition under the aforesaid section before the commissioner, patna, stating that a number of books of account were seized at the time of search and the petitioner wanted to make full and true disclosure of its all income so that proper assessment could be made thereof right from assessment year 1976-77 till the relevant year of the search. it was further prayed that in view of the fact that the petitioner was ready to make full and true disclosure, the petitioner might be exempted from payment of penalty, interest etc. on 6-6-1985, the central board of directors (hereinafter referred to as 'the board') transferred the jurisdiction to hear the matters under section 273a of the act from the commissioner, calcutta to patna, and, thereafter, on .....

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