id stringlengths 14 16 | Titles stringlengths 37 96 | text stringlengths 5 2.68k | source stringlengths 34 39 |
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8c79d10f2daa-9 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | The moment such an award is deemed to be a decree and the Civil Procedure Code is made applicable to the proceedings of the Act in terms of section 53 thereof, there would be hardly any scope for the petitioners to contend that a person aggrieved against any portion of the award or its execution would be entitled to ma... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-10 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | " ... ... Though the jurisdiction of the High Court under Article 226 of the Constitution is not confined to issuing the prerogative writs, there is a consensus of opinion that the High Court will not permit this extraordinary jurisdiction to be converted into a civil court under the ordinary law. When a suit is pendin... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-11 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | Here also position is somewhat the same. There is no dispute that the petitioners after finality of the award and the rate as determined by this Court and affirmed by the Apex Court had levied execution payment of amount in Execution Case No. 10/1996 and the executing court by an order dated 20.7.2001 had recorded that... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-12 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | ^^ fMdzhnkj dh vksj ls fnukad 2-2-2001 dks nkf[ky vkosnu i= lapkfyr dj fMdzhnkj ds fon~ vf/koDrk fuosnu djrs gSa fd muds iw.kZ fcdk, jkf"k dk Hkqxrku ejhmu la0&2 }kjk dj fn;k x;k gS rFkk fMdzhnkj dk vc fdlh ejhmu ds fo:) dksbZ laca/k ugha jg x;k gsS A vr% mUgsa bl ckn dks okil ysus dh vuqefr nh tk; A lquk rFkk vfHkys[k... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-13 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | enhancement of the award given by the civil court but also its modification by this Court and affirmance by the Apex Court in the preamble of the agreement and under the relevant portion of the agreement it was clearly mentioned that irrespective of the claim of the decree holder she had settled the matter outside the ... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-14 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | 3,57,450/-. The agreement dated 30th January, 2001 being somewhat significant and in fact having a direct bearing to the issue involved in this writ application needs to be quoted hereinbelow:
"BEFORE NOTARY PATNA SADAR PATNA AGREEMENT This agreement made and entered into at Patna this 30th day of month of January 200... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-15 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | (A) The decree holder solemnly
affirms and declares that an area of 46.795 acres, of land in village PAHARPUR, P.S. Phulwari, District Patna has been acquired by the State of Bihar for the Police Employees Co- operative House Construction Society Ltd., Patna (hereinafter referred to as the ... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-16 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | (B) AND whereas total land meaning approximately 1.08 Acre i.e. 34.56 Kathas at Mauza Paharpur, Plot Nos. 366, 367, 373, 385, 386, 405, 407, 434, 435 P.S. Gardanibagh, District Patna is involved in this case.
(C) AND whereas the Decree Holder Covenant that the aforesaid land was in his exclusive possession with absol... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-17 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | (G) AND whereas of the State of Bihar has filed F.A.No. 148 of 1985 against the judgment of enhancing the compensation of acquired land. The aforesaid appeal has partly been allowed by the Hon‟ble High Court vide order dated 3.2.1994 by which the Hon‟ble High Court reduced the compensation for the land acquired from 6,... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-18 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | (J) AND whereas the Police Employees House Construction Society Ltd. filed a petition under Order 1 Rule 10 of C.P.C. in L.A.Ex.Case No. 10 of 96 and Hon‟ble L.A. Judge II, Patna has made necessary party on 25.1.2001. NOW THIS WITNESSETH AND IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-
1... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-19 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | 5. The Police Employees House Construction Society Ltd. also agree that the matter has already been compromised outside the court and he has agreed to pay through account payee cheque a sum of Rs. 3,57,450.00 to the Decree Holder. SCHEDULE I
DESCRIPTION OF LAND UNDER THIS
AG... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-20 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | Through its Secretary."
(underlining for emphasis) This Court has purposely quoted the entire agreement in extenso and underlined relevant portion to emphasis that whatever was stated before the executing court on 20.7.2001 by filing an application on 2.2.2001 was a natural fall out of the aforementioned agreement d... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-21 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | the petitioners had any grievance even after alleged discovery of fraud on account of the proceedings of general body of committee dated 25.2.2001 (Annexure 1 to the writ application), they had to approach the said executing court which had passed the order on 20.7.2001 dismissing the execution case on recording the sa... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-22 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | ^^ Hkw&vtZu lEcaf/kr 53 eqdnes loksZPp U;k;ky; ls fu'ikfnr gks pqds gSa vkSj mlesa vf/kdka"k esa lc&tt ¼2½]iVuk ds U;k;ky; esa fMdzh dh jkf"k dh olwyh ds fy;s Hkw&Lokfe;ksa }kjk btjk;okn nkf[ky fd;s x;s gSa A iwoZ dh dk;Zdkfj.kh lfefr;ksa us bl Js.kh ds 22 eqdneksa esa t;?kks'k dh jkf"k vius Lrj ls fglkc dj Hkw&vtZu dk... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-23 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | /kkfj;ksa ls le>kSrk fd;k gS vkSj t;?kks'k dh jkf"k dk Hkqxrku ys[kkns; | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-24 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | psdksa }kjk fd;k gS A bl lEcU/k esa fMdzh /kkfj;ksa ls ,djkjukek gqvk vkSj mlds ckn psd izkIr dj muyksxksa us lc tt ¼2½ iVuk ds U;k;ky; esa btjk;okn okilh ds fy;s vkosnu ns fn;k gS A ;s vkosnu U;k;ky; dh Lohd`fr gsrq yfEcr gS A btjk;okn la0 ,okMhZ dk uke lqygukesa dh jkf"k 1- [email protected] Jh yfyr jk; la0 58]360-00... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-25 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | fn;s x;s Fks A mu funsZ"kksa ds vkyksd esa lfpo us lkr fMdzhnkjksa ls lqygukesa dh ckrphr dh vkSj bldh lwpuk dk;Zdkfj.kh dks fnukad 27-01-2001 dks nh rFkk dk;Zdkfj.kh us fnukad 28-01-2001 dh cSBd esa lqyg djus dk fu.kZ; fy;k A ijUrq tc fnukad 31-01-2001 dks fMdzh/kkjh lqygukesa ds fy;s vk;s rks muds le{k ;g "krZ j[kh x... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-26 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | dk vkns"k gks tk; rks mUgsa psd fn;k tk; A v/;{k us bl vuqjks/k dks ;g dgrs gq;s vLohdkj dj fn;k fd ml ds"k ls lEcfU/kr lnL;ksa esa dqN ds ikl vfHkof)Zr jkf"k cdk;k gS ,slh gkyr esa psd fuxZr ugha fd;k tk ldrk A bl izdkj lfefr yxHkx 2]00]000]00 :Ik;s ds ykHk ls oafpr gks xbZ vkSj Hkfo'; esa lqygukesa dk ekxZ Hkh can gk... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-27 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | While doing so this Court must also accept the submission of the learned counsel for the respondents who has rightly placed his reliance on two Division Bench judgments of this Court that the writ Court cannot convert itself into a civil court for entertaining purely civil matter and that forum of civil court once elec... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-28 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | "4. In our considered opinion, the appellant has abused the process of the law. This Court cannot be converted into a civil court for entertaining such matters. The Apex Court in a decision in the case of Durga Prasad vs. Naveen Chandra and others, reported in JT 1996(3) S.C. 564, has held that the procedures prescribe... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-29 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | 7. In this regard we may also observe that an onerous duty is cast upon the counsel in such matters to advise their clients in the right perspective. In this regard we are reminded of the observations made by the Apex Court in the case of "In Re Sanjiv Datta, Deputy Secretary Ministry of Information and Boardcasting" r... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-30 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | 8. Therefore, frivolous and misconceived petitions should not be filed invoking extraordinary jurisdiction of writ Court."
(Underlining for emphasis) At this stage this Court also must take into account somewhat a plea in desperation raised by the learned counsel for the petitioner while equating the right to receiv... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-31 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | inserted by the Constitution (Forty-fourth
Amendment) Act, 1978 with effect from 20.6.1979 whereas the award of the petitioners became final that the order of the Apex Court in the year 1995 and the order of the executing court in the year 2001. In that view of the matter, the provision... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-32 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | The reliance placed by the learned counsel for the petitioner on a Full Bench judgment of Andhra Pradesh High Court in the case of Bhimidipati Annapoorna (supra) is also somewhat misplaced inasmuch as in that case it was found that where the amount of compensation, finally determined had not been paid, a person must fi... | https://indiankanoon.org/doc/49275886/ |
8c79d10f2daa-33 | Phuljharia Devi & Anr vs The State Of Bihar & Ors on 18 September, 2009 | This Court in fact is fully satisfied that if in the long drawn proceedings of determination of compensation of more than 26 years the petitioners had accepted the amount of compensation by reaching to a compromise outside the court by sacrificing certain amount of interest only for being paid the balance amount of Rs.... | https://indiankanoon.org/doc/49275886/ |
9ec57d95b2f8-0 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | Patna High Court CWJC No.8216 of 2013 (04) dt.09-05-2016 1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8216 of 2013
======================================================
... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-1 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | .... .... RESPONDENT/S
======================================================
Appearance :
For the Petitioner/s : Mr. Sukumar Sinha-Sr. Advocate
Mr. Abinash Kumar-Advocate
For the Respondent/s : M... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-2 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | 4. In order to substantiate his plea, the learned counsel for the petitioner has submitted that after amendment of the Section 17 of the Registration Act, Section 17 (1-A) has been introduced in order to put safeguard upon the interest of the proposed transferor from being duped, impersonated, cheated, deceived and fur... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-3 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | 6. Before adjudicating upon the order impugned, certain factual events is to be taken note of. There happens to be no controversy with regard to the admitted status of the land under dispute to be mortgaged property and for that, plaintiff happens to be the mortgagee while the petitioner/ defendant happens to be the mo... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-4 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | 8. The first one happens to be the T. P. Act relating to transfer of the immovable property. Section 5 of the T.P. Act defines the transfer of property:-
5. ―Transfer of property‖ defined.- In the following sections ―transfer of property‖ means an act by which a living person conveys property, in present or in future,... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-5 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | 9. The second important Section is Section 53(A) of the T.P. Act:-
―Inserted by Act 20 of 1929, S.16 [ 53A. Part <span class="hidden_text" id="span_4"> Patna High Court CWJC No.8216 of 2013 (04) dt.09-05-2016 5</span> performance-53A. Part performance Where any person contracts to transfer for consideration any immova... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-6 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | 10. And the third one is the sale in terms of Section 54 of the T. P. Act:-
"54. "Sale" defined "Sale" is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. Sale how made: Such transfer, in the case of tangible immovable property of the value of one hundred rupees and upwa... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-7 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | "17. Documents of which registration is compulsory:-
(1) The following documents shall be registered. if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866 (XX of 1866) or the Regis... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-8 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | (e) non -testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of on... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-9 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | (f) agreement relating to the Deposit of title deeds, where such deposit has been made by way of security for the repayment of a loan or an existing or future debts ;
(g)sale certificate issued by any competent officer or authority under any recovery Act ;
(h) irrevocable Power of Attorney relating to transfer of imm... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-10 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | (2) Nothing in clauses (b) and (c) of sub - section (1) applies to - :
(i) any composition - deed; or
(ii) any instrument relating to shares in a Joint Stock Company, not withstanding that the <span class="hidden_text" id="span_7"> Patna High Court CWJC No.8216 of 2013 (04) dt.09-05-2016 8</span> assets of such Compa... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-11 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | (vii) any grant of immovable property by the State Government ;or
(viii) any instrument of partition made by a Revenue - officer; or
(ix) any order granting a loan or Instrument of collateral security granted under the Land Improvement Act, 1871, (XXV of 1871) or the Land Improvement Loans Act, 1883 (XIX of 1883); or... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-12 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | (xi) any endorsement on a mortgage - deed <span class="hidden_text" id="span_8"> Patna High Court CWJC No.8216 of 2013 (04) dt.09-05-2016 9</span> acknowledging the payment of the whole or any part of the mortgage - money, and any other receipt for payment of money due under a mortgage when the receipt does not purport... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-13 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | Added by Act 21 of 1929, S. 10. [Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance <span class="hidden_text" id="span_9"> Patna High... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-14 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | (iv) in the proviso, omit the words ―as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877, or‖. [Vide Uttar Pradesh Act 57 of 1976, sec. 34 (w.e.f. 1-1-1977)].‖ | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-15 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | 13. At the present moment, another act, Specific Relief Act 1963 is also to be looked into. As per Section 10 of the Specific Relief Act, the following criteria have been perceived wherein Specific Performance of Contract is found enforceable for better appreciation, the same is quoted below:- | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-16 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | ‖10. Cases in which specific performance of contract enforceable.--Except as otherwise provided in this Chapter, the specific performance of any contract may, in the discretion of the court, be enforced--
(a) when there exists no standard for ascertaining actual damage caused by the non- performance of the act agreed ... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-17 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | (3) Where a party to a contract is unable to perform the whole of his part of it, and the part which must be left unperformed either--
(a) forms a considerable part of the whole, <span class="hidden_text" id="span_11"> Patna High Court CWJC No.8216 of 2013 (04) dt.09-05-2016 12</span> though admitting of compensation ... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-18 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | (4) When a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, the court may direct specific performance of the former part.
Explanation.--For t... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-19 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | ―20. Discretion as to decreeing specific performance.--
(1) The jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the court is not arbitrary but sound and reasonable, guided by judicial principles an... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-20 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | (c) where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance. Explanation 1.--Mere inadequacy of consideration, or the mere fact that the contract is onerous to the defendant or improvident in its nature, sha... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-21 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | (4) The court shall not refuse to any party specific performance of a contract merely on the ground that the contract is not enforceable at the instance of the party.
21. Power to award compensation in certain cases.--
(1) In a suit for specific performance of a contract, the plaintiff may also claim compensation f... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-22 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | 22. Power to grant relief for possession, partition, refund of earnest money, etc.-- (1) Notwithstanding anything to the contrary contained in the Code of Civil Procedure, 1908 (5 of 1908), any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, as... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-23 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | 15. Furthermore, one another enactment, the Indian Contract Act is also to be taken note of at the present moment. As per Section 10 of the Act, following agreement have been identified as a contract:-
―10. What agreements are contracts.--All agreements are contracts if they are made by the free consent of parties com... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-24 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | 16. After parallel scrutiny of those relevant Sections as indicated above, it is evident that there happens to be specific requirement in terms of Section 54 of the T.P. Act to have registration of document for the purpose of effectuating sale having the consideration amount more than Rs.100. Side by side, it is appare... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-25 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | 17. Now, there should be parallel scrutiny of Section 17(1-A) as well as Section 49 of the Registration Act. As per Section 17(1-A) of the Registration Act, it has been mandated that the document relating to contracts to transfer for consideration any immovable property, is to be registered, and if not registered, its ... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-26 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | 18. Part performance is an event preceding sale whereunder delivery of possession is given and the incidence of delivery of possession is only accountable, in case, the document is registered while specific performance of contract is an outcome of an agreement having arrived in between the parties whereunder one could ... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-27 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | See Rambaran Prosad v. Ram Mohit Hazra [1967]1 SCR 293. The fiduciary character of the personal obligation created by a contract for sale is recognised in Section 3 of the Specific Relief Act, 1963, and in Section 91 of the Trusts Act. The personal obligation created by a contract of sale is described in Section 40 of ... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-28 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | 18. It is thus clear that a transfer of <span class="hidden_text" id="span_20"> Patna High Court CWJC No.8216 of 2013 (04) dt.09-05-2016 21</span> immoveable property by way of sale can only be by a deed of conveyance (sale deed). In the absence of a deed of conveyance (duly stamped and registered as required by law), ... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-29 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | 20. The facts of the decision so relied upon by the learned counsel for the petitioner as reported in 2010(1) P.L.J.R. 317, it is evident that the same was under Order 39 and 1 and 2 read with Section 151 of the C.P.C. relating to Title Suit No.24 of <span class="hidden_text" id="span_21"> Patna High Court CWJC No.8216... | https://indiankanoon.org/doc/121562430/ |
9ec57d95b2f8-30 | Md. Anzar vs Md. Manzar Ali @ Kali on 9 May, 2016 | 21. In A.I.R. 2010 Punjab and Haryana 77, the aforesaid suit was for the purpose of Specific Performance of Contract wherein after appearance of defendant, plea was taken up on the ground of fraud having been played and for that, separate suit was filed and both the suits were clubbed together and then, was decided aga... | https://indiankanoon.org/doc/121562430/ |
9f3960bb7cbe-0 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.633 of 1998
====================================================== | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-1 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | ======================================================
Kusheshwar Purbey .... .... Appellant/s Versus Shri Shri 108 Ram Janaki Jee S .... .... Respondent/s ====================================================== with Miscellaneous Appeal No.508 of 1998 ====================================================== Kusheshwar Pu... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-2 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | (In FA No.633 of 1998) For the Appellant/s : Mr. Ganpati Trivedi, Sr. Adv. | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-3 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | Mr. R.K. Sinha no. 2, Adv.
Mr. Madan Mohan, Adv.
Mrs. Pallavi Pandey, Adv.
For the Respondent/s : Mr. Jitendra Kishore Verma, Adv.
Mr. Anjani Kumar, Adv.
Mr. Abhishek Anand, Adv.
Mr. Gautam Sinha, Adv.
(In MA No.508 of 1998) For the Appellant/s : Mr. Sukumar Sinha For the Respondent/s : Mr. Nirmal ... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-4 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | For the Respondent/s : Mr.
(In FA No.114 of 2013)
For the Appellant/s : Mr.
For the Respondent/s : Mr.
(In FA No.450 of 2001)
For the Appellant/s : Mr. Ka... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-5 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | The irksome issue pertaining to the classification of the appeals filed before this Court under Section 299 of the Indian Succession Act (for short 'the Act') and under section 384(2) of the Act has been placed for determination upon reference <span class="hidden_text" id="span_5"> Patna High Court FA No.633 of 1998 (5... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-6 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | The main plank of submissions of Mr. Trivedi, learned senior counsel for the appellant in F.A. No. 633 of 1998 and M.A. No. 504 of 1998 is based upon the proposition that in view of the use of the word 'order' in Section 299 of the Act, an appeal filed against such 'order' would be governed by Section 104 of C.P.C. pro... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-7 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | Mr. Verma, learned counsel appearing on behalf of the respondents in F.A. No. 633 of 1998 and M.A. No. 508 of 1998, however, has taken an entirely different stand by coming out with the proposition that taking a literal meaning of the word 'order' in a statutory provision would not be only a determinative <span class="... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-8 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | class="hidden_text" id="span_11"> Patna High Court FA No.633 of 1998 (52) dt.11-08-2017</span> envisaged in Section 381, has been expressly made subject to the other provision of said part which includes Section 373 as well but no such condition has been mentioned while declaring the conclusiveness of the order passed ... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-9 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | Learned counsel for the parties in other appeals, however, have supported the reference by submitting that a regular First Appeal would lie against the final order passed in a proceeding for grant of probate or letters of administration and a Misc. Appeal would lie against the final order in a proceeding for grant of s... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-10 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | After considering the submissions on behalf of the parties, it is quite limpid that the adjudication in a proceeding for grant of probate or letters of administration involves determination of certain rights of the parties. This is also the view expressed by the Full Bench of the Allahabad High Court in Mrs. Panzy Fern... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-11 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | The controversy pertaining to the nature and legal effect of a final adjudicatory order in a proceeding for grant of probate or letters of administration has been also highlighted by the Apex Court in Smt. Rukmani Devi vs. Narendra Lal Gupta, A.I.R. 1984 SC 1866 where their lordships have opined <span class="hidden_tex... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-12 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | We are inclined to align with the submission of Mr. Verma, learned counsel for the respondents that taking a literal meaning and connotation of the word 'order' in a statutory <span class="hidden_text" id="span_17"> Patna High Court FA No.633 of 1998 (52) dt.11-08-2017</span> provision would not be sufficient for deter... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-13 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | In the case of M/s Ram Chand Spg. And Wvg. Mills Vs. M/s Bijli Cotton Mills (p) Ltd., Hathras, A.I.R. 1967 S.C. 1344, a three judge Bench of the Apex Court has laid down the test to adjudge the nature of an 'order' being final order as <span class="hidden_text" id="span_19"> Patna High Court FA No.633 of 1998 (52) dt.1... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-14 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | 13. In deciding the question whether the order is a final order determining the rights of parties and, therefore, falling within the definition of a decree in S. 2 (2), it would often become necessary to view it from the <span class="hidden_text" id="span_21"> Patna High Court FA No.633 of 1998 (52) dt.11-08-2017</span... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-15 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | Learned senior counsel for the appellant in the first two appeals has led emphasis that though the right to appeal against an order in the proceeding for grant of probate or letters of administration has been conferred by Section 299 of the Indian Succession Act but such an appeal, having been expressly noticed/saved i... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-16 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | 30. Having, thus, put the controversy in the historical perspective, the Court in P.S. Sathappan case referred to sections, 4 and 104 of the Code and made the following observation in para 6 of the judgment. "6......To be immediately notice that now the legislature provides that the provision of this code will not affe... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-17 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | 990. It is manifest, however, that the controversy which came up for consideration by the Full Bench in Sunita Kumari related to the nature of an order passed under the Family Courts Act, 1984 which has been enacted for adjudication of specified disputes mentioned therein and also prescribing the procedure for determin... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-18 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | The conclusive nature of an order passed in a proceeding for grant of probate or letters of administration has been envisaged in section 275 of the Indian Succession Act but while prescribing the conclusive nature of the order in a proceeding for grant of succession certificate the provision of Section 381 has been mad... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-19 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | ".........When a decision is made determining the rights of the parties with regard to the matters in controversy, genuineness or otherwise of the Will, etc., such a final decision of the Court would <span class="hidden_text" id="span_31"> Patna High Court FA No.633 of 1998 (52) dt.11-08-2017</span> become a decree. On... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-20 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | 5. In other words, by virtue of S. 295 of Indian Succession Act and the definitions referred to above, the contested matter in respect of a petition for probate or letters of administration becomes a suit and by virtue of S. 299 the appeal shall be in accordance with the provisions of Code of Civil Procedure. By virtue... | https://indiankanoon.org/doc/65837090/ |
9f3960bb7cbe-21 | Thakur Shambhu Prasad Singh @ ... vs Krishna Kumar Singh & Ors on 11 August, 2017 | As the issue decided in Most. Kewala Devi (supra) has held the field since 27.02.2012, in the interest of justice and to avoid complication and harassment to the litigants, it is directed that the appeals filed under Section 299 of the Indian Succession Act in a contentious proceeding as envisaged under <span class="hi... | https://indiankanoon.org/doc/65837090/ |
18f362df360a-0 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | Patna High Court LPA No.140 of 2014 (9) dt.18-04-2014 1
IN THE HIGH COURT OF JUDICATURE AT PATNA | https://indiankanoon.org/doc/189543577/ |
18f362df360a-1 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | LETTERS PATENT APPEAL NO.140 OF 2014
IN
CIVIL WRIT JURISDICTION CASE NO. 18253 OF 2011
======================================================
1. Brij Kishore Paswan, Son of Late Sri Paswan Resident, resident of Village- Mangabar, ... | https://indiankanoon.org/doc/189543577/ |
18f362df360a-2 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | For the Appellant/s : Mr. Binod Kumar Singh, Advocate Mr. Anirudh Kumar Verma, Advocate For the Respondent/s : Mr. Anil Kumar Sinha,, Advocate Mr. A.C.to Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI AND HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ... | https://indiankanoon.org/doc/189543577/ |
18f362df360a-3 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | 2. The rate of land, for payment of compensation, was determined on the basis of criteria contained in Clause (1) of the Bihar Land Acquisition Re- settlement and Rehabilitation Policy, 2007. On the basis of the criteria laid down in the said Policy, the value of the land, under acquisition, was determined at Rs. 5,16,... | https://indiankanoon.org/doc/189543577/ |
18f362df360a-4 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | (ii), (iii) and (v) of Annexure-6 to the writ petition. Under the said instructions, the Government took a decision to pay maximum price fixed for any land acquired under the same transaction.
4. It is relevant to point out herein that all the writ petitioners belonged to one or the other four villages, where the ra... | https://indiankanoon.org/doc/189543577/ |
18f362df360a-5 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | 7. It was the further case of the respondents, in CWJC No. 18253 of 2011, that the appellants resorted to agitation and even restrained the employees of the Thermal Power Project from entering into the work site hampering, thus, the project on a number of days. The respondents, in the interest of the project, held a me... | https://indiankanoon.org/doc/189543577/ |
18f362df360a-6 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | 9. The learned single Judge noticed that a large number of beneficiaries had voluntarily accepted the compensation and only a handful of persons had resorted to arm twisting in order to extract undue advantage under the notion that the respondents would, ultimately, agree to all their demands, because it would be diffi... | https://indiankanoon.org/doc/189543577/ |
18f362df360a-7 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | 11. Aggrieved by the dismissal of the writ petition, namely, CWJC No. 18253 of 2011, two of the writ petitioners have preferred this appeal. <span class="hidden_text" id="span_5"> Patna High Court LPA No.140 of 2014 (9) dt.18-04-2014 6</span>
12. The appellants, in this appeal, have taken the same stand as they had ta... | https://indiankanoon.org/doc/189543577/ |
18f362df360a-8 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | 14. Coming to the merit of the present appeal, it needs to be made clear that the National Thermal Power Corporation, through its Deputy General Manager, made a requisition to the Government of Bihar to acquire lands of nine villages for construction of Nabi Nagar Thermal Power Project titled as Bhartiya Rail Bijlee Co... | https://indiankanoon.org/doc/189543577/ |
18f362df360a-9 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | (vi) Mangabar, (vii) Khaira, (viii) Kerka and (ix) Dhundhua. The declaration under Section 6 of the Land Acquisition Act, 1984, was made in both the newspapers on 02.10.2008. The Joint Secretary, Department of Land Reforms, Government of Bihar, directed, on 02.02.2009, the Collector to make order of acquisition, in the... | https://indiankanoon.org/doc/189543577/ |
18f362df360a-10 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | of all these nine villages, including the appellants, received the awarded sum under Section 12 of the Land Acquisition Act, 1894, without any demur or objection. | https://indiankanoon.org/doc/189543577/ |
18f362df360a-11 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | 15. The appellants herein did not even apply for making of reference to the Civil Court in terms of the provisions of Section 18 of the Land Acquisition Act, 1894. If any such reference had been sought for, but not made, the person or persons, who had applied for making of such a reference, ought to have, at the releva... | https://indiankanoon.org/doc/189543577/ |
18f362df360a-12 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | 17. There is no dispute that the appellants have received their awarded sum in the year 2009. Situated thus, it becomes clear that 2010 instructions, which stood replaced by 2011 instructions, would not ipso facto be applicable to the cases of the appellants.
18. Though the appellants herein had received the awarded... | https://indiankanoon.org/doc/189543577/ |
18f362df360a-13 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | 21. Section 23 of the Contract Act, which enumerates as to what considerations and objects are lawful and what consideration or objects shall be recorded as unlawful, read as under:
"23. What considerations and objects are lawful, and what not- The consideration or object of an agreement is lawful, unless- It is forbi... | https://indiankanoon.org/doc/189543577/ |
18f362df360a-14 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | 23. Further-more, I find that compensation was paid at such a rate as was warranted by Bihar Land Acquisition Re-settlement and Rehabilitation Policy, 2007. Later on, the Government, vide its instructions, dated 18.05.2010, came out with a policy to pay compensation at the same rate to all villagers, whose lands had be... | https://indiankanoon.org/doc/189543577/ |
18f362df360a-15 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | 25. I agree with the view of the learned single Judge that on account of agitation launched by the appellants, the respondents have come out with an out of court settlement by making the offer to pay compensation at the enhanced rate as desired by the appellants subject to entering into agreement in larger interest of ... | https://indiankanoon.org/doc/189543577/ |
18f362df360a-16 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | 2. With regard to the above, it may be pointed out that Section 18 of the Land Acquisition Act, 1894, prescribes two distinct periods of limitation for seeking reference under Section 18 of the Land Acquisition Act, 1894. If a person, who makes an application for compensation, was present or represented before the Coll... | https://indiankanoon.org/doc/189543577/ |
18f362df360a-17 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | 3. The Supreme Court, in Raja Harish Chandra Raj Singh v. Deputy Land Acquisition Officer [MANU/SC/0386/ 1961 : AIR 1961 SC 1500 : (1962) 1 SCR 676], having considered the legal character of an award, which the Collector in a proceeding under the Land Acquisition Act, 1894, makes, concluded to the effect that the deter... | https://indiankanoon.org/doc/189543577/ |
18f362df360a-18 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | 4. From the above scheme of land acquisition, it becomes abundantly clear that having accepted award without seeking a reference to be made by taking recourse to Section 18 of the Land Acquisition Act, 1894, a person cannot, thereafter, agitate that the compensation, which had been paid to him, was inadequate.
5. Ha... | https://indiankanoon.org/doc/189543577/ |
18f362df360a-19 | Brij Kishore Paswan & Ors vs The State Of Bihar & Ors on 18 April, 2014 | 7. Notwithstanding the fact, that the appellants had no legal right to claim any further sum or sums of money, as compensation, the respondents concerned have, under duress, offered to make, as already discussed by my learned brother, Samarendra Pratap Singh, J., further sums of money as compensation, and, hence, it is... | https://indiankanoon.org/doc/189543577/ |
aa71c92d23d8-0 | Amiri Lal Sah And Anrs vs The State Of Bihar & Ors on 26 June, 2014 | IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19011 of 2013
======================================================
1. Amiri Lal Sah S/o Late Ayodhya Sah, resident of village - Basahiyan
Sheikh, P.O+P.S+ Anchal- P... | https://indiankanoon.org/doc/71207862/ |
aa71c92d23d8-1 | Amiri Lal Sah And Anrs vs The State Of Bihar & Ors on 26 June, 2014 | Versus
1. The State of Bihar, through the Principal Secretary, Land Reforms
Department, Government of Bihar, Patna.
2. The District Magistrate- cum- Collector, Sheohar.
3. The District Magistrate- cum- Collector, Muzaffarpur.
4. The... | https://indiankanoon.org/doc/71207862/ |
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