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Dec 11 1977 (HC)

S.K. RahimuddIn and ors. Vs. Lakho Devi and ors.

Court : Patna

M.Y. Eqbal, J.1. In this writ application, the petitioners have prayed for quashing the order dated 9.12.1986 passed by the respondent No.2 the Commissioner, South Chotanagpur Division, Ranchi, in Lohardaga Revenue Revision No. 376/86 and also the order dated 30.5.1986 passed by the respondent No. 3, Additional Collector, Lohardaga in S.A.R. Appeal No. 15-R 15 of 1976-77 and order dated 29.3.1976 passed by respondent No. 4, Special Officer, Lohardaga, in Section A. R. Case No. 73/75. By the aforesaid orders, the respondents authorities ordered for restoration of land in favour of the private respondents in purported exercise of jurisdiction under Section 71A of the Chotanagpur Tenancy Act.2. The facts relevant for the disposal of this case are that the respondent No. 1 Somra Singh Kherwar (now substituted on account of his death), son of Budhu Kherwar initiated a proceeding for restoration of land measuring 1.27 acres of R. Section Plot No. 137 under R.S. Khata No. 40 of village Hesa ...

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Jan 30 1975 (HC)

Suresh Singh Vs. the State of Bihar and ors.

Court : Patna

B.D. Singh, J.1. This application by Suresh Singh under Articles 226 and 227 of the Constitution of India is directed against the notification issued by the State of Bihar dated 12-4-1973 (Annexure 4) appointing Sharvshri Arun Kumar Srivastava, Khurshid Alam, Nityanand Das and M.P. Srivastava (Respondents Nos. 4, 5, 6 and 7 respectively), besides others, to the post of Drugs Inspector. The petitioner in the said application has prayed for quashing the appointment of Respondents Nos. 4 to 7 and for a direction to the State of Bihar (respondent No. 1) and the Director of Health Services, (respondent No. 2) to consider the case of the petitioner for appointment as Drugs Inspector.2. In order to appreciate the points involved in this application it will be necessary to state the facts briefly. The petitioner is a bachelor of pharmacy from Benaras Hindu University in Uttar Pradesh. The Government of Bihar in the Health Department through the Bihar Public Service Commission advertised the va...

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Sep 17 1971 (HC)

Kalyani Banerjee and ors. Vs. the State of Bihar and ors.

Court : Patna

Reported in : AIR1972Pat446

U. N. Sinha, C.J.1. This application under Article 226 of the Constitution of India has been filed by three petitioners, praying that two leases granted by the State of Bihar, respondent No. 1, to Messrs. Bharat Marble Company, a partnership firm, and Messrs. Hindustan Steel Limited, respondents Nos. 4 and 5 respectively, be quashed and cancelled. Copies of the leases have been given as Annexures 6 and 7, dated the 12th May, 1967 and the 17th October, 1966 respectively. The further prayer is that the said respondents be enjoined to desist from interfering with the possession of the petitioners with respect to certain properties comprised within a lease, dated the 11th July, 1919, a copy of which has been given as Annexure 1. It has also been prayed, that, if necessary, the petitioners be restored into possession of each and several portion of the property mentioned in the said leases. A counter-affidavit has been filed on behalf of the State of Bihar, respondent No. 1, and a counter-af...

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Jan 01 1970 (HC)

Jamshedpur Cement Ltd., a Company Registered Under the Indian Companie ...

Court : Patna

Reported in : 2009(57)BLJR2248

Navaniti Prasad Singh, J.1. Petitioner No. 1 is the Company incorporated under the provisions of the Indian Companies Act, 1956. Petitioner No. 2 is a Company to whom petitioner No. 1 has assigned its debt. Petitioner No. 1 had taken substantial term loan from Bihar State Credit and Investment Corporation Limited (hereinafter referred to 'as BICICO'). BICICO is a financial corporation established under the State Financial Corporation Act, 1951.2. Petitioner No. 1 had set up a mini cement plant with the finance made available at Jamshedpur. For various reasons, the plant could not operate economically enough to pay back to BICICO. Petitioner No. 1 was a defaulter. BICICO came up with BICICO ONE TIME SETTLEMENT (TERM LOAN) SCHEME, 2006. The major distinction between this scheme and earlier scheme for One Time Settlement was that once the settlement amount was calculated and communicated, the Unit had an option to either pay it directly or take a loan from a third party and pay to BICICO....

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Aug 06 1968 (HC)

Tata Iron and Steel Co. Ltd. Vs. Sudhir Chandra Sarkar

Court : Patna

Reported in : AIR1969Pat53

Untwalia, J.1. These two appeals have been heard together as the identical question involved in them is whether an employee of the Tata Iron and Steel Co. Ltd. for the sake of brevity referred to as Tisco Ltd or the Company, is entitled, as a matter of right to get gratuity on his retirement from service. I shall refer separately to the facts of the two cases, which are also similar, and then proceed to discuss and decide the common question which falls for determination in these appeals.F. A. 444/63.2. Tisco Ltd. is the appellant in this appeal. The suit of the employee for gratuity and interest has been decreed by the court below against the appellant which was defendant No. 1 Tata Industries Private Ltd. The Managing Agents of Tisco Ltd. was impleaded as defendant No. 2 in the action. T. V. S. Ratnam, defendant No. 3 was the Head of the Department in which the plaintiff respondent was working at the time of his retirement. The suit has been dismissed against defendants 2 and 3.3. Th...

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May 17 1968 (HC)

Sayedabad Tea Co. Ltd. Vs. State of Bihar

Court : Patna

Reported in : AIR1969Pat165; 1969(17)BLJR912

B.N. Jha, J.1. These three miscellaneous first appeals by the decree-holder, which arise out of three execution cases, are directed against the order of the District Judge, Purnea, dated July 9, 1963, dismissing the execution cases filed by the appellants.2. Proceedings were started sometime before 1951 by the Special Land Acquisition officer. North Bihar Range, Muzaffarpur, for the acquisition of three pieces of land belonging to the decree-holder for the purposes of the Assam Access Road. The lands appertained to touzi No. 30 of the Purnea Collectorate, situated in village Madati. The Land Acquisition Officer determined the compensation payable to the appellant in respect of its lands but it was not satisfied with the valuation made by the said officer. Hence it filed three applications under Section 18 of the Land Acquisition Act for making reference to the court for the determination of the amount of compensation which gave rise to the three lands acquisition cases Nos. 22, 23 and ...

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Dec 22 1965 (HC)

Maharaja Chintamani Saran Nath Sah Deo Vs. the Commissioner of Income- ...

Court : Patna

G. N. PRASAD, J. - Under section 66(1) of the Income-tax Act, 1922, the Appellate Tribunal, Patna Bench, has drawn up a statement of the case and formulated the following question of law for determination by the High Court :"Whether, on the facts and circumstances of this case, the Tribunal was right in holding that the sum of Rs. 2,20,000 was the income of the assessee assessable to tax under the provisions of the Income-tax Act ?"The original assessee was Maharaja Pratap Udai Nath Sah Deo, the holder of an impartible estate. By an indenture of lease dated the 22nd January, 1944, the assessee granted a lease of certain mining rights to Messrs. Aluminum Production Company Ltd., in respect of 171.03 acres of land for a period of thirty years on, inter alia, the following terms :(i)Salami (inclusive of Moharkarai and Dewai Negi amounting to Rs. 5,000)Rs. 2,25,000(ii)Rent0-8-0 per acre.(iii)Royalty0-6-0 per ton.(iv)Minimum royaltyRs. 22 per acre.Previous to this, on the 20th March, 1941, ...

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Aug 25 1964 (HC)

Phul Kumari Devi Vs. Sambhu Prasad Singh and ors.

Court : Patna

Reported in : AIR1965Pat87

G.N. Prasad, J.1. This is an appeal from the decisions of Choudhary, J. in F. A. No. 357 of 1951. The appellant, who was also the appellant before Choudhary, J., is defendant No. 1 in a suit for partition instituted in 1949 by the two plaintiffs, father and son. The father Manku Prasad Singh, however, died during the pendency of the First Appeal.2. The property of which partition is sought is a house situated in Mohalla Muharrampur Bhanwar Pokhar, in the town of Patna, bearing Old. Holding No. 101 and New Holding No. 153, within Circle No. 14, of the then Patna City Municipality. The plaintiffs (now the sole plaintiff Sambhu Prasad Singh) claim -/8/- annas share in the disputed house and want their share to be carved out and allotted to them exclusively. It has been alleged in the plaint that the remaining -/8/- annas share to the house belongs to the defdts and that the plffs and the defendants have been in joint possession and occupation of the same as co-sharers. It has further been...

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Apr 23 1963 (HC)

State of Bihar Vs. Bank of Bihar Ltd.

Court : Patna

Reported in : AIR1963Pat344

Ramratna Singh, J.1. This appeal has been preferred by the State of Bihar against the decision of the Fourth Additional Subordinate Judge, Patna, granting a decree for a sum of Rs. 93,910/10/9, together with interest at 6 per cent per annum from the date of the institution of the suit to the Bank of Bihar Ltd., the sole plaintiff, in the suit of which this appeal arises.2. The facts now admitted are these : Under an arrangement with the South Bihai Sugar Mills Ltd., defendant No. 2, that is, the Jagdishpore Zamindary Co. Ltd. (hereinafter referred to as the Company) came into possession of the manufacturing section of the Mills at Bihta from the beginning of the crushing season of 1946-47. Defendants 3 to 5 were the Directors of the Company. Early in 1947, the Company entered with the Bank into a cash credit agreement, according to which tha company was to pledge with the Bank the entire stock of sugar manufactured by them in the Mills and to take advances of money from the Bank under ...

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Aug 24 1956 (HC)

Nand Kishore Prasad Vs. the State of Bihar and anr.

Court : Patna

JUDGMENT1. In this case the petitioner Nand Kishore Prasad hag applied to the High Court under Article 236 of the Constitution for grant of a writ in the nature of certiorari to quash order No. 1056 of 1955 of Mr. R. N. Roy, General Manager of Bihar Rajya Transport.2. The case of the petitioner is that he was appointed as a junior clerk on the 27th of March, 1954, and was posted to Gaya, He was discharged from that post later on because he was suspected of being involved In a Police case. The Police, however, submitted a final report and on the 25th of February 1955, the petitioner was reappointed to the post of junior clerk by the order of the General Manager No. 1632, dated the 25th of February, 1955. The order of the General Manager is to the following effect:- "Office of the Rajya Transport Bihar, Memo No. 1632.RT Estt. Minis. 74-55.Patna the 24th February, 1955.To,Shree Nand Kishore Prasad C/o Shri Krishna Ballabh Sahay, Mohalla Bhawar Pokhar, Bankipur, Patna 4.He is reappointed u...

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