Court : Patna
Decided on : Jan-18-2002
..... employees pension scheme, 1995, the petitioner is entitled to a minimum pension of rs. 600 per month, if not more. 2. the petitioner was admittedly a member of the indian army. he served there from march 18, 1963 to august 31, 1965 and then discharged with an endorsement that he was fit for re-employment on the civil post. accordingly, he ..... 58 years on superannuation the petitioner made various representations for grant of pensional benefits as contemplated under the said scheme as prepared under the employees' provident funds and miscellaneous provisions act, 1952. but, when the grievances of the petitioner had not been redressed, he came up before this court in c.w.j.c. no. 443 of 1999. during the pendency .....
Tag this Judgment!Court : Patna
Decided on : Jan-21-2002
..... and a belt containing 19 live cartridges and one used cartridge were recovered from his possession. as such the court below has rightly convicted the appellant under section 25(1-a) of the arms act. i do not find any reason to interfere with the conviction of the appellant passed by the court below.11. accordingly, the conviction and sentence passed by ..... the alleged arms and ammunition were not sent for examination to the fire arms expert and since no such opinion was available, the conviction of appellants under section 25(1-a) of the arms act is not sustain-able in the eye of law. he has further submitted that there are contradictions in the deposition of the witnesses and they are not ..... indu prabha singh, j. 1. this is an appeal from jail. the sole appellant has been convicted under section 25(1-a) of the arms act and has been sentenced to undergo rigorous imprisonment for two years.2. the prosecution case, in brief, is that on 31-1-1989 at about 3 p.m. a raiding .....
Tag this Judgment!Court : Patna
Decided on : Feb-05-2002
..... , if there exists good and sufficient reasons, such as, the highest bid not representing the market price or need to give the concession to a weaker section of the society who could not outbid the highest bidder'. in the said matter the supreme court found that there was no grievance relating to rejection of ..... we are alive to the restraint put on our jurisdiction in making interference in thecontract matters but we would certainly be justified in interfering if a particular authority acts irrationally, illogically, capriciously, whimsically or arbitrarily. the action of such an authority can always be reviewed by the high court on the judicial side. the high ..... may sum up the legal position thus : (i) the government is free to enter into any contract with citizens but the court may interfere where it acts arbitrarily or contrary to public interest;(ii) the government cannot arbitrarily choose any person it likes for entering into such a relationship or to discriminate between persons .....
Tag this Judgment!Court : Patna
Decided on : Feb-19-2002
..... shall be deemed on duty at the relevant time. this benefit will be given more liberally to the claimant in cases occurring on active service as defined in the army/navy air force act.10. for appreciating the effect of these rules to a person who is on leave, it would be advisable to refer to the 'leave rules' for the services ..... in observing that the clause (f) provides that the said benefit will be given more liberally to the claimant in cases occurring on active service as defined in the army/navy/air force act. in our considered opinion, the learned single judge was also not justified in applying the provisions of rule 173 of pension regulations for the ..... army, 1961 part-i because present is not a case where the incumbent was invalidated from service on account of his disability on the ground that it was directly attributable .....
Tag this Judgment!Court : Patna
Decided on : Mar-15-2002
..... of 1966 and such amendment apply to west bengal also, (ii) expiry of period of three years of limitation prescribed for court-martial proceeding by section 122 of the army act, 1950 would not confer jurisdiction upon the ordinary criminal court if it did not have initial jurisdiction due to non compliance as required by the code and the rules and (iii) ..... necessary to take a look at the aforesaid provisions :--code section 475. delivery to commanding officers of persons liable to be tried by court-marital -- (1) the central government may make rules consistent with this code and army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957), and the air force act, 1950 (45 of 1950), and any other law, relating to the armed forces of .....
Tag this Judgment!Court : Patna
Decided on : Apr-03-2002
..... but also considers material collected during the course of investigation. in this case, i am faced with this situation. the expression 'evidence' has been defined under section 3 of the indian evidence act, which reads as follows:--evidence':-- 'evidence' means and includes (1) all the statements which the court permits or requires to be made before it by ..... ; the police, after investigation, submitted charge sheet dated 18-3-1998 against the aforesaid two persons under section 302/34 of the indian penal code and 27 of the arms act but kept the investigation pending in respect of these two petitioners. lateron, police submitted final report and did not sent up the ..... of a report given to the police, mehus p. s. case no. 219/97 dated 29-8-1997 was registered under section 302/34 of the indian penal code and 27 of the arms act in which petitioners munna singh and arun singh are named as accused in the first information report, besides amir singh and ranjit singh .....
Tag this Judgment!Court : Patna
Decided on : Jul-16-2002
..... election petitioner. now only contest is in respect of section 83 of the act itself. section 83 reads as follows:83. contents of petition.-(1) an election petition-(a) shall contain a concise statement of the material facts on which the petitioner relies ..... fray and all the persons who had contested the election have been made parties in the election petition. in that way, no defect is there as per section 82 of the act. section 117 has also been complied with as the security for cost had also been deposited at the time of presenting the election petition before the court by the ..... time before this court.33. it has been strenuously argued that for the purpose of inspection of documents as contemplated under order xi, rule 15 read with section 93 of the act the burden of the election petitioner is to prove prima facie the case and not to prove it to the hilt and if a prima facie case could .....
Tag this Judgment!Court : Patna
Decided on : Jul-26-2002
..... are being disposed of by this common order.2. all the three appellants have been convicted and sentenced to undergo ri for 14 years each under section 5 of the explosive substance act.3. the case of prosecution as disclosed in the fardbeyan of informant, si lallan singh (not examined), in short is that on 3.5. ..... tabrez. on the basis of self written statement of informant a case against the appellants and seven others under sections 120b/123/124a/153a/153b of the indian penal code, 4/5 of explosive substance act and 25/35 of arms act. after investigation police submitted charge sheet against the appellants and three co-accused persons namely, md. shamsher, md ..... .8. in this case all the appellants have been charged under sections 120b, 123, 124a, 153a, 153b and 307 ipc, 25 and 35 arms act and sections 4/5 of explosive substance act. after trial the appellants were found guilty only under section 5 of the explosive substance act and for other charges they were not found guilty.9. as stated .....
Tag this Judgment!Court : Patna
Decided on : Sep-16-2002
..... drum. admittedly, none of these requirements were fulfilled. hence, the action of the authority was not even in conformity with the provisions of section 68 of the act.25. apart from section 54 of the act, no other provision of the stature was brought to my notice that might confer upon the authority the power to carry out any forcible ..... but in this case even the statutory provision for issuance of a public notice (for other matters, and not for a proceeding under section 54 of the act) was not properly complied with. section 68 of the act provides for issuance of public notice which reads as follows:(68) public notice to be in writing signed by the secretary and sealed ..... law for the time being in force.(emphasis added)19. it is undeniable that the impugned action of the authority does not conform to the provisions of section 54 of the act. the authority did not give the owner or the person concerned a reasonable opportunity to show cause why the order of demolition should not be made. .....
Tag this Judgment!Court : Patna
Decided on : Oct-08-2002
..... order must be held to be in percuriam having no binding force. from the scheme of the crpf act, enacted to some extent on the patern of the army act, it would appear that for certain offences specified in section 9 (deseribed as more heinous offences') and section 10 (described as less heinous offences') the member of the force is liable to punishment of imprisonment ..... or fine upto the extent mentioned therein. under section 12, every person sentenced to imprisonment may be dismissed from the .....
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