Court : Patna
..... exercising right of their private defence directly but during the course of hearing of the present appeals and the death reference it was seriously contended that either the appellants could be held acting in exercise of their right of private defence or the court could take a view that it was a case of free fight during which occurrence the three deceased persons received injuries.9. ..... it is true that in appropriate case if the injuries could not be explained by the prosecution it could be assumed that the accused might have acted in exercise of their right of private defence as was held by us in ..... state of punjab : 1957crilj420 , the question being examined by the apex court was as to whether the accused acted in exercise of their right of self defence or was it an intentional act of murder.the supreme court held in paragraph-7 at page 326 of the report that it appeared from the evidence that 'the deceased party was also armed with dangerous weapons and when ..... it was contended in the above context that might be that the appellants and the other accused persons acted in exercise of the right of their private defence while being attacked by three deceased as was suggested by the ..... and, as such, the court must draw an inference that the witnesses were speaking lies on the most material aspect of the case and further that the accused persons might have acted in exercise of their right of private defence on account of being faced with imminent danger to their lives.29. ..... bihar: 2008(1) .....
Tag this Judgment!Court : Patna
..... unless gross irregularities are found by the district magistrate prior to holding of the meeting, in which circumstances he may issue appropriate direction under section 157 of the act, there can be no occasion for adjournment of the meeting at the behest of either the executive officer-cum-block development ..... the same was sent to the pramukh by registered post in which it was mentioned that she had refused to accept the requisition sent to her along with the original file on 20.6.2008 as per the report of the peon and accordingly, the said requisition along with the photo copy of the original file was being sent for fixing a date for the special meeting ..... , chanan panchayat samiti, had issued the aforesaid directions purportedly in exercise of his powers under section 157 of the bihar panchayat raj act, 2006 (hereinafter referred to as the 'act') directing that no action should be taken pursuant to the resolution of no confidence motion dated 14.7.2008 and staying the execution of the proposals of the said date and further directing him to fix a fresh date for considering no ..... the panchayat samiti for holding the special meeting to discuss no confidence motion against the petitioner on 14.7.2008, and further for not giving effect to the decision taken on 14.7.2008 in the said special meeting pursuant to the said notice and also for quashing the part of the order dated 20.7.2008 (annexure-7) issued by the district magistrate, lakhisarai by which direction has been given to the block .....
Tag this Judgment!Court : Patna
..... member, board of revenue but in the said appeals either orders have been passed that the member, board of revenue has ho power to hear an appeal after the amendments brought about by the amending act of 2007 or the matters have been kept pending after sending the concerned files to the state government in the panchayat raj department for further action.4. ..... the saving of such right of appeal is also provided in section 8 of the bihar and orissa general clauses act 1917 particularly in clauses (c) and (e) thereof, which are quoted herein below:where any bihar and orissa act or bihar act repeals any enactment hitherto made, or hereafter to be made, then, unless a different intention appears, the repeal shall not,(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; ..... it is stated that the panchayati raj department by its letter dated 29.5.2008 informed the board of revenue that no appeal appears to have been provided to the principal secretary of the department by the amendment act, 2007 to the 2006 act and in such circumstances, it was not proper for the department to pass any order on the appeal files sent to it and since the appellants had not filed any application in the department, therefore, ..... that after coming into force of the said amendment, the board of revenue has forwarded the records of about 12 such appeals, including that of the petitioner, to the panchayati raj department for taking appropriate steps. .....
Tag this Judgment!Court : Patna
..... in the instant case the maintenance case for divorce was initially filed on the ground of cruelty and when the petition under section 24 of the act was filed by the spouse, the petitioner-husband appears to have resorted to a modus operandi to prevent payment under one pretext or the other and one of the grounds taken was that ..... by the husband appears to be a brainwave to delay the matter of passing an order on the petition under section 24 of the act and the court unfortunately appears to have fallen to the guiles of the petitioner husband and accordingly passed the impugned order.9. ..... is that although six years have passed no orders till now has been passed by the court on the petition under section 24 of the act at the instance of the husband who has managed to delay the issue under one pretext or the other. ..... has directed for the constitution of a medical board for examination of the present petitioner with a direction to her to appear before the said board even as her petition under section 24 of the hindu marriage act (hereinafter referred to as 'the act') for maintenance pendente lite and expenses of proceedings remains pending for about six years.2. ..... it is expected that an appropriate order has been passed by the court below in pursuance of the ..... while admitting this petition on 4.9.2008 this court had directed the court below to pass orders on the pending application of the petitioner dated 6.9.2001 under section 24 of the act within 60 days of the receipt/production of a .....
Tag this Judgment!Court : Patna
..... , it shall record such finding and instead of passing any sentence in respect of the juvenile, forward the juvenile to the board which shall pass orders in respect of that juvenile in accordance with the provisions of this act as if it had been satisfied on inquiry under this act that a juvenile has committed the offence: provided that the board may, for any adequate and special reason to be mentioned in the order, review the case and pass ..... include not only trials but even subsequent proceedings by way of revision or appeal, the determination of juvenility of a juvenile would be in terms of clause (l) of section 2, even if the juvenile ceased to be a juvenile on or before 1-4-2001, when the juvenile justice act, 2000, came into force, and the provisions of the act would apply as if the said provision had been in force for all purposes and for all material times when the alleged offence was committed. ..... similar was the situation in babloo pasi case decided on 3-10-2008 which basically dealt with section 49 of the juvenile justice act, 2000 and rule 22 of the jharkhand juvenile justice (care and protection of children) rules, 2003, which is pari materia with rule 12 of the 2007 rules. ..... enquiry, as noticed above in the case of sachin kumar gupta (supra), the board would consider the evidence in accordance with rule- 12 of the central rules, 2007 and rule-22 of the bihar rules, 2003 and pass appropriate orders. .....
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..... investigation disclosing the illegalities and the irregularities in the post-advertisement selection process including the merit list, and has not filed a supplementary counter affidavit taking the appropriate stand on the validity or otherwise of the selection process which is tantamount to abdication of essential duties and functions. ..... to take note of the developments since submission of its counter affidavits till 17.6.2008, when the investigation concluded and the charge-sheets have been filed. ..... must always in such cases remind itself that the bihar reorganization act 2000, was enforced with effect from 15.11.2000,the appointed day on which date the new state of jharkhand was created comprising of the territories mentioned in section 3 of the act, and prior thereto formed part of the undivided state of bihar ..... it was not the individual and isolated act of one person, but was the organized conspiracy of two successive chair-persons, three members, and six officials and staff of ..... consideration whether or not the provisions for reservation of the disabled persons act are applicable in the present context. ..... selected is not the question under consideration but the question is, could such selection be acted upon in the matter of public employment? ..... cbi report revealed acts of favouritism, selection without interview as also on the basis of fake or ghost interviews, tampering with final records, fabrication of documents, forgery, keeping the selection list a secret, issuing appointment .....
Tag this Judgment!Court : Patna
..... petition in getting an order of bail in his favour and as such, the court was of the opinion that the act besides being an act of contempt, on account of meant to influencing the judgment of the court, was also an act which could be an offence committed by a public servant during discharge of his/her public duty in recording a report which could be utilized in a judicial proceeding and as such, directed issuance of notice to the ..... the matter is referred to the appropriate bench so far it relates to issue of notice on commission of contempt to the ..... tripti sinha has to be referred to an appropriate bench which could be assigned with the duty of hearing contempt proceeding initiated suo motu or ..... the radiological and other physiological aspects of assessing the age of a person and an attempt was made that the opinion that the victim was below 14 years of age, may not be an intentional act or an act which could be impinging upon the conduct of the respondent regarding the commission of an offence by her. 4. ..... furnished many opinions as regards the age of the victim and being influenced by that and in absence of the two members of the board of doctors, the respondent made the report on 11.7.2008 because the investigating agency was pressing hard upon the respondent to furnish the report. ..... 35391 of 2008 and that could give rise to sufficient reasons for taking cognizance of an act of contempt committed by the respondent with an intent to influencing the judgment of this court by making .....
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..... and findings above, while holding that the petitioner was not entitled to any pecuniary benefits upon his retirement, for his continuance in the college on 'ad hoc basis' in terms of section 6 of the act, annexure-1 can be quashed by this court, so far as it concerns the petitioner, on the ground of non-consideration of the case of the petitioner on the basis of relevant materials of his service ..... by the state government has to examine the bio-data of each member of the teaching staff and ascertain whether appointment, promotion or confirmation was made in accordance with the act, statute or regulation of the university concerned and in keeping with the guidelines laid down by the indian medical council of india and take into consideration all other relevant materials ..... of experts and knowledgeable persons which will examine the biodata of each member of the teaching staff and ascertain whether appointment, promotion or confirmation was made in accordance with the act, statute or regulation of the university concerned and in keeping with the guidelines laid down by the indian medical council of india and take into consideration all other relevant materials ..... up by this court on 27.2.2008, this court noticed the fact that the dispute raised by the petitioners could not be decided in contempt proceeding, and therefore, contempt application was dismissed with liberty to the aggrieved employees to move appropriate authority or this court in appropriate proceeding to seek relief in .....
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..... the respondent state in the department of social welfare in which the petitioners have been appointed and joined, issued a show cause notice on 30.9.2008 that in accordance with revised merit list in pursuance of the orders of this court, the petitioners fell outside the number of vacancies available for which recommendation could be made and, therefore, to show cause why their ..... petitioners shall also be deemed to be appointees from the dates of their original appointment in march, 2008, subject to the fulfilment of the reservation roster.the writ application stands allowed. ..... after roster clearance exist for more than 14/15 and stands at 44 is admitted by the respondents in their communication dated 14.10.2008 addressed by the department of social welfare to the bihar public service commission at annexure-20. ..... it is appropriate at this stage to take note of the fact that their appointment were made conditional on any future order that may be passed by this court with regard to the results published by the commission, and that the ..... the commission is directed to proceed accordingly in terms of the requisition dated 14.10.2008 and comply the same within a maximum period of four weeks from the date of receipt and/or production of a copy of this ..... gave their joining on different dates from 11.3.2008 to 17.3.2008 and started discharging their duties. ..... they were then sent for orientation training, treasury training and under right to information act as a part of discharge of their duties. .....
Tag this Judgment!Court : Patna
..... or any persons employed or working upon a railway, aircraft, vessel, vehicle or any other means of conveyance, may arrest him without warrant and seize from him such arms or ammunition.so far as seizure of the license, on 11.1.2008 is concerned, this court finds that police has not recorded any statement at the time of seizure or even subsequent to it that arms have been seized as petitioners were moving in suspicious circumstances as required under section 20 of the ..... far as prayer for the petitioners relating to his unauthorized detention and appropriate damage for seizing his arms without legal sanction they may if so advised may pursue appropriate remedy.16. ..... counsel for petitioners submits that none of the conditions precedent for seizure of arms, either under the arms act or under the code of criminal procedure existed on the relevant date when his arms was seized. ..... lakhisarai by his order dated 12.9.2008 (annexure c) exercising powers under arms act has suspended the license. ..... police officer or a magistrate or a public officer and others mentioned in section 20 of the arms act is empowered to seize arms if they find that arms are being carried in suspicious circumstances. ..... enumerated above lead to one and only conclusion that the seizure of arms license on 11.1.2008 was without any legal sanction or due authorization of law.13. ..... secondly now that the collector, lakhisarai on 12.9.2008 has passed order suspending the license, can the arms be still released in favour of .....
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