Court : Patna
..... , who comes to the court with false claims, cannot plead equity nor would the court be justified to exercise equity jurisdiction in his favour. a person who seeks equity must act in a fair and equitable manner. equity jurisdiction cannot be exercised in the case of a person who got the appointment on the basis of a false caste certificate by .....
Tag this Judgment!Court : Patna
..... ) treating the said fardbayan as first information report, jhajha police station case no.57 of 2003, under section 307/326 of the indian penal code read with section 27 of the arms act, 1959, was registered against the accused. during investigation, as injured prakash yadav died, section 302 of the indian penal code was added to the case aforementioned. during investigation, inquest was held ..... also subjected to post mortem examination and, on completion of investigation, charge sheet was laid, under section 307/326/302 of the indian penal code read with section 27 of the arms act, 1959, against accused kamli devi. 3. at the trial, when a charge, under section 302 of the indian penal code, was framed against the accused, she pleaded not guilty thereto. 4 .....
Tag this Judgment!Court : Patna
..... truth and bring, on record, the relevant facts that a judge has been vested with the power to put questions under section 165 of the evidence act. it is with this object in view that the judge has been vested with the power to call any witness or recall ..... judge, but his duty it is to intervene and put such questions as may be warranted and permissible within the ambit of section 165 of the evidence act. 35. a judge cannot behave like a passive agent, when a case is tried before him. he has the power ..... the role of a prosecutor or a defence counsel, the fact remains that his duty is to reach the truth and section 165 of the evidence act gives the judge adequate power and authority to put any question to any witness at any time be it during the ..... courts in the form of order x, rule 2, order x, rule 14 and order xviii, rule 17. 31. even section 165 of the evidence act recognizes courts power to put any questions to any witness, at any time, which appears to the judge as necessary for just .....
Tag this Judgment!Court : Patna
..... wherein it has been held as follows:- 14. the order 1973 was issued by the governor of bihar in exercise of the powers conferred on him by section 3 of the act read with orders of the government of india, ministry of agriculture (deptt. of food) no. g.s.r. 316(e) dated 20th of june ..... executive instruction relating to engagement on the post of panchayat shiksha mitra will not be governed by the provision made in section 6 of the general clauses act or section 8 of the bihar and orissa general clauses act. thus, the provision relating to engagement on the post of panchayat shiksha mitra being purely governed by executive instruction, ..... the relevant paragraphs are reproduced for convenience: 10. the government of bihar, in exercise of power conferred by article 243q of the constitution and by section 146 of the bihar panchayat raj act, 2006 framed the bihar panchayat elementary teacher (employment and service conditions) rules, 2006 (hereinafter referred to as the rules). under rule 3 of .....
Tag this Judgment!Court : Patna
..... dismissing or removing from service. only further action is taken under regulation 16(a) in relation to forfeiture of pension. thus, punishing a person under section 71 of the army act and making order under regulation 16(a) are entirely different. hence, there is no question of applying principle of double jeopardy to the present cases ..... foundation for the pleas of autrefois acquit and autrefois convict. the manifestation of this rule is to be found contained in section 300 crpc; section 26 of the general clauses act and section 71 ipc. 10. section 300(1) crpc reads: 300. person once convicted or acquitted not to be tried for same offence.(1) a ..... of the foreign exchange regulation act, 1947 (hereinafter called the fera?) read with the relevant notification. in the background of these facts, the plea of autrefois acquit was raised seeking protection under article 20(2) of the constitution of india, 1950 (hereinafter called the constitution?). 14. this court in maqbool hussain held that .....
Tag this Judgment!Court : Patna
..... other hand, submits on the basis of the stand taken in the counter affidavit that the petitioners never filed any application under section 22 of the ceiling act before the collector rather application for issuance of red card was filed which have been produced before the collector in the present ..... of such red cards. the said stand also appears to be not supported by any documentary evidence regarding any proceeding under section 27 of the ceiling act when the so called red cards were issued to the petitioners, rather they are based upon the hypothesis that the documents ..... more than one acre of class 1 land or equivalent area; (v) with persons serving in the army, navy or air force of the union of india, or with families of such persons killed in action, (vi) with ex-servicemen of ..... army, navy or air force of the union of india, who are resident of the village in which the land is situated .....
Tag this Judgment!Court : Patna
..... every case the court would examine at the preliminary stage whether there would be ultimate chances of conviction on the basis of allegation and exercise of the power under section 482 or article 226 to quash the proceedings or the charge-sheet." (emphasis added). 22. in alpic finance ltd. vs. p. sadasivan and anr. air ..... siphoned. from different annexures filed on behalf of petitioner, role of district magistrate during exercising its administrative control is itself apparent and on account thereof any fraudulent act so committed under its nose, makes the district magistrate accountable. the extent of involvement is the subject matter of trial as writ court is not found competent ..... that no prudent person can ever reach such a conclusion. the extraordinary and inherent powers of the court do not confer an arbitrary jurisdiction on the court to act according to its whims or caprice. however, the court, under its inherent powers, can neither intervene at an uncalled for stage nor it can `soft- .....
Tag this Judgment!Court : Patna
..... old age, the two appellants, namely, rabi singh @ rabindra singh and arun singh were directed to suffer rigorous imprisonment for two years each for their conviction under sections 435/149 of the indian penal code. the appeal was preferred, as may appear from the present narration, by the three convicted persons which survived after the death ..... of the land. in spite of these frailties the court has attempted to isolate evidence indicating individual participation of the two appellants who were allegedly persons who had indulged into acts of arson. 6. ram balak singh (p.w. 1) and bhagirath singh (p.w. 2) have made statement that appellant rabi singh @ rabindra singh had ..... that persons of naga group were about, either to harvest the standing paddy crop or to loot away the bundles of paddy or possibly were to commit the acts of looting paddy crop and bundles. the informant stated that he had accordingly, informed the concerned police station and the officer-in-charge of the police station .....
Tag this Judgment!Court : Patna
..... the medical report to the benefit of accused persons but while passing the orders he deliberately over-looked the statutory mandate as prescribed under section 437 (1)(i) of the code. in our view, such an act on the part of a judicial officer certainly tantamounts to gross judicial impropriety. 34. so far as charge no.4 and the supplementary ..... nature in order to minimize the gravity of offence. 32. as noted above, the case was registered for the offence, inter alia, under section 307 of the indian penal code and 27 of the arms act. the petitioner allowed the accused persons the privilege of bail on mere asking by distorting facts of the case. the plea of inadvertent error due ..... charge no.2. 29. in respect of charge no.3 relating to bihra p.s. case no.91/2008 registered, inter alia, under section 307 of the indian penal code and 27 of the arms act, we find from the record that the petitioner granted bail to the accused persons on the ground that the injuries were all simple in nature .....
Tag this Judgment!Court : Patna
..... and had taken away the properties. some of the properties were also recovered from the accused persons but the learned trial judge acquitted the accused persons of the charge under section 412 of the ipc in lack of satisfactory evidence. the learned trial judge also acquitted two accused, namely, ram rekha singh and wakil singh on the ground that the ..... to part with the ornaments and by handing over the same to him. likewise, p.w.1 arun kumar sharma identified appellant rajendra prasad singh in connection with the act of snapping the cable connection attached to the television while p.w.5 stated that she had seen appellant rajendra prasad singh moving with the attach which was containing ..... to be made and indicates that if a dacoit had been seen moving at the time of commission of dacoity or had been seen indulging into a particular act of dacoity, then that act has to be specified by the witnesses. on perusal of ext-2 and the evidence of p.w.7, the judicial magistrate, what appears is that .....
Tag this Judgment!