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Documents citing Jai Prakash Rai And Anr. vs Bans Lal And Ors. on 10 September, 1976

Awdhesh Kumar Singh And Ors. vs State Of Bihar And Ors. on 3 August, 1999

In the case of Jai Prakash Rai v. Bans Lal (supra), this Court while comparing and contrasting the provisions of Section 48-E of the Act with those of Section 145 of the Code, came to the conclusion that the two are a good deal in common and, therefore, in no uncertain terms excluded the applicability of the latter while proceedings under Section 48-E of the Act inter-parties with respect to the same plot of land are pending Paragraph-9 of the judgment is relevant and is set out hereinbelow for the facility of quick reference:
Patna High Court Cites 5 - Cited by 0 - S K Katriar - Full Document

Mosafir Yadav And Ors. vs Mahanth Chandra Shekhar Giri And Ors. on 2 January, 1978

2. The point urged on behalf of the petitioners in support of the rule issued by this court is that the proceeding under Section 145 of the Code of not maintainable by virtue of the provisions contained in Section 48E (13) of the Bihar Tenancy Act, 1885 hereinafter referred to as the Act, learned Counsel for the petitioners placed reliance upon the case of Jai Prakash Rai and Anr. v. Bans Lal and Ors. 1977 Bihar Bar Council Journal 626 where it was held that during the pendency of the proceeding under Section 48E of the Act, a proceeding under Section 145 of the Code is not maintainable. The position in law in regard to non-maintainability of the proceeding under Section 145 of the Code pending adjudication before a Bataidar Board (hereinafter referred to as the Board) constituted under Section 48E of the Act is not disputed. It is, however contended on behalf of the opposite party that no proceeding under Section 48E of the Act is pending and, therefore the proceeding under Section 145 of the Code is well maintainable.
Patna High Court Cites 6 - Cited by 0 - Full Document
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