Court : Patna
..... code of civil procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and subject to the other provisions of this act and/or any rules, the claims tribunal shall have powers to regulate its own procedure, including fixing of places and times of its inquiry.the aforesaid wordings in the aforesaid section empowered the tribunal to regulate its own procedure from conducting, and trying the claims cases before it, and in so doing, the tribunal ..... in this connection, i am to add that section 64 of the act laid down that every person who entrusts any goods to the railway administration for carriage, shall execute a forwarding note in such from as may be specified. ..... section 66 of the act has laid down that the owner or a person having charge of any goods which are brought upon the railways for carriage, shall deliver a statement in writing on demand by the railway servant containing particulars of goods as would enable the railway servant to determine the rate for such carriage. ..... in this connection, section 64 of the indian railways act, 1989 (hereinafter, in short, referred to as the 'act'), has laid down that the railway administration shall grant a receipt for the consignment entrusted to it for carriage on the completion of such loading and on the acceptance of consignment by it section 65(2) of the act shall be prima facie proof of weight and the number of packages mentioned in the consignment. .....
Tag this Judgment!Court : Patna
..... having found accused zarina khatoon, tamanna khan and chanda khatoon guilty of offences under sections 20 of the ndps act and section 47 (c) of bihar excise act, 1915, all the three accused persons, namely, zarina khatoon, tamanna khan and chanda khatoon were convicted accordingly and sentences were passed against them as mentioned hereinbefore. 6. ..... for their conviction under section 20 of the ndps act, the two other accused-appellants, namely, tamanna khan and chanda khatoon, stand, under the order, dated 12.09.2007, aforementioned, sentenced to suffer rigorous imprisonment for a period of fifteen years and pay fine of rs. ..... (v) on completion of investigation, a charge sheet was laid, under sections 20 and 23 of the ndps act read with section 47 (c) of bihar excise act, 1915, against accused zarina khatoon, tamanna khan, chanda khatoon and satto ram. 3. ..... in consequence of their conviction under section 20 of the ndps act, the accused-appellant, namely, zarina khatoon, stands, under the order, dated 12.09.2007, sentenced to suffer rigorous imprisonment for a period of seven years and pay fine of rs. ..... it has been pointed out, in ouseph (supra), that the requirement of section 55 of the ndps act may not be mandatory, yet the fact remains that keeping a contraband article, in unsealed condition, for a long period creates doubt and the possibility of seized material having been tempered cannot be ruled out. 39. .....
Tag this Judgment!Court : Patna
..... dated 20.7.2008 addressed to the block development officer-cum-executive officer, 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 ..... defence before the panchayat samiti cannot be taken to mean that even the ex-officio members of the panchayat samiti have to be present during such special meeting, since section 36 of the act, which provides for the composition of the panchayat samiti including certain ex-officio members, also clearly provides that in case of election and removal of pramukh and up-pramukh only ..... stated that apart from the requirement to issue notice to the members the fact that opportunity is to be given for his defence before the panchayat samiti makes it clear that all the members of the panchayat samiti are entitled to be present and to participate in the special meeting considering the no confidence motion and ..... officer-cum-executive officer and states that when the pramukh was willing to call the meeting then contrary to rules, the notice has been given on the basis of date fixed by the up-pramukh. ..... we, therefore, are of the opinion that the rules which were made in the year 1974 having not been amended; with a view to give an effective and proper meaning must be construed .....
Tag this Judgment!Court : Patna
..... the impugned order that the learned sub-divisional judicial magistrate also had considered the applicability of section 197 of the code and held that the acts alleged against the petitioness did not appear to have been committed while acting or purporting to act in due discharge of their official duties, hence no sanction for their prosecution was necessary.6. ..... 933(c) of 1992 whereunder, after enquiry, the learned magistrate had found that a prima facie case against the petitioners was made out under sections 323 and 504 of the indian penal code and there were sufficient grounds for proceeding against them, further directing the complainant to file requisites ..... is well known, a complaint petition can be drafted in a way so as to avoid the legal loopholes and in such a case if an enquiry is made by the magistrate under section 202 of the code, the leading of evidence is also controlled by the complainant and the court has little role to play in adducing of evidence, i.e. ..... that some offence has been committed in excess of official duties it cannot be argued that, therefore the public servant was not protected under section 197 of the code on argument that committing any offence cannot be said to be in due discharge of official duties.19. ..... what is alleged is that while making the arrest they had exceeded what was necessary in performing such duties and had abused and assaulted ..... to investigate a crime and to make arrest in a cognizable offence comes within the purview of the official .....
Tag this Judgment!Court : Patna
..... permits, the respondents would be free to file an application under section 340, crpc for taking proper steps or action against petitioner nos. ..... if a person who has been given the powers to act as quasi judicial authority is unable to hear, understand and decide the matter then he must ask the master that he is unable to understand the law and deliver judgment, therefore, he be removed from office and ..... procedure is accepted by the high court to a be valid procedure and wrong doer is allowed to go home and take rest, then no wrong doer would be taken to rule.i hereby direct the government to start a departmental inquiry against the registrar mr. ..... a fair understanding of paragraphs (a) of paragraph 18 of the counter affidavit would make it clear that simple draft was not to be prepared by the joint registrar but a draft judgment had to ..... this court, if the registrar is exempted absolutely or is allowed to go scot free then it may persuade others to act in an uncalled and unwarranted manner and pass such illegal orders. ..... section 41(1) of the bihar co-operative societies act ..... 10 submits that an application under section 340 of the code of criminal procedure has been filed for taking action against the petitioners for forging, manufacturing or concocting signatures of ..... would not make one right ..... i am making this observation because if the registrar had gone through his own order before affixing his signature, he could have found that certain arguments which were raised after 18.4.2001 did .....
Tag this Judgment!Court : Patna
..... form containing such particulars and information as may be prescribed by the central government, issued by the prescribed authority, or by an authorised testing station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the requirements of this act and the rules made thereunder.provided that where the prescribed authority or the authorised testing station refusesto issue such certificate, it shall supply the owner of the vehicle ..... the powers conferred on the central government under section 64 of the central act, it has framed rules, namely, central motor vehicles rules, 1989 ..... appearing for the state, by referring to various provisions of the above referred two acts, has submitted that in view of the provisions contained under the central act it is incumbent on the part of the truck owners to produce tax tokens in support of payment of tax in question for seeking goods carriage permit and since under the scheme of the act and under the rule framed thereunder, this requirement is well spelt out, the petitioners cannot be allowed to ..... been filed by two associations of truck owners for issuance of a writ of or in the nature of mandamus directing the respondent transport authority not to insist upon production of tax token for the purpose of grant on goods carriage permits under and in accordance with the provisions contained under sections 77, 78 and 79 of the motor vehicles act, 1988 (hereinafter referred to as the 'central act' only). 2. .....
Tag this Judgment!Court : Patna
..... the said demand is not a public demand, the court is unabie to accept the case made out by the petitioner-company for the follwing reasons indicated hereunder : 'public demand' has been defined under sub-section (6) of section 3 of the said act which runs as follows :-- 'public demand' means any arrears or money mentioned or referred to in schedule i, and includes any interest which may, by law, be chargeable thereon up to the date on which a certificate is signed under part ..... the next question which has been raised by the learned counsel for the petitioner is that assuming that the same is a public demand, the same is barred under section 94 of the evidence act which is set out below: 'exclusion of evidence against application of document to existing facts -- when language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that if was ..... . since the said question has to be decided by the certificate officer, this court refrains from making any observation on the said question whether the interest has to be paid annually or in a lump sum manner ..... by that agreement it was, inter alia, decided that the petitioner-, company will make payment of arrears of rent and others dues with interest from 1-5-1956, the date of commencement of the lease till 1984, the date of the agreement. .....
Tag this Judgment!Court : Patna
..... what is assessed is the undisclosed income of the block period and not the total income or loss of the previous year required to be assessed in the normal regular assessment under section 143(3) of the act, where the ac) makes an enquiry to ensure that the assessee has not understated the income or has not computed excessive loss or has not under-paid the tax in any manner and on the basis of the evidence ..... (iii) where returns of income have been filed under any sub-section of section 139 or in response to notice issued under section 142(1) or section 148 of the act, but assessments have not been made till the date of search, income disclosed in such return of income shall be reduced for computing ..... (v) where the previous year has not ended or the date of filing the return of income under section 139(1) of the act for any previous year has not expired, the income determined on the basis of transactions recorded on or before the date of search in the books of account or other documents maintained in the normal course ..... mind, now we would turn to the provisions of clause (b) of section 158b of the act in order to interpret the phrase 'disclosed for the purpose of this act', used at the end of the said clause. ..... (vii) where any order of assessment under section 245d of the act has been passed by the settlement commission, the income determined in such order shall be reduced accord~ngly,(viii) brought forward losses or unabsorbed depreciation will be allowed to be carried forward for set .....
Tag this Judgment!Court : Patna
..... 3 that since section 7 of the 1982 act provides exception in favour of colleges permanently affiliated to the universities hence an exception should be read in favour of educational institution granted affiliation by the state faculty otherwise the provisions of the 1982 act will be violative of article 14 in making a distinction between the state faculty and the universities of the state within distinct user under the 1951 act, the functions of the state faculty are similar to those of universities. 13. ..... to act of 1953 and act of 1987 relating to homoeopathic system of medicine, it was submitted that in that case the state legislature while inacting act of 1987 specifically repealed several provisions of the 1953 act but in the present case the act of 1982 has not referred to any provisions of the 1951 act nor has chosen to repeal any provisions of the said act, therefore, the 1982 act must be interpreted in such a manner that the powers of the faculty granted by the 1951 act are ..... 3, it has been argued that 1951 act is a exhaustive act having assent of the president and exhaustive regulation framed under the same act and hence it should be held that nothing in the 1982 act can affect the power of the faculty under the 1951 act or institutions which have been granted affiliation by the state faculty. .....
Tag this Judgment!Court : Patna
..... in this connection, they have also made reference to the provisions of section 67(2) of the bihar re-organisation act it was also contended that even if it is assumed that the act is applicable and once the owners of the vehicles used the road inside the state of bihar, they are liable to pay tax but the levy of tax under the act at the old rate is invalid as it will lose the character of compensatory nature and will become tax ..... authority and the regional transport authority are to be appointed by the state government under section 68 to exercise power to grant permits for the area as specified in the notification. ..... section 84, which falls in this part, deals with the territorial extent of laws and section 85 deals with the power to adapt laws, which are ..... the parliament in exercise of the power under article 3 of the constitution of india enacted the bihar re-organisation act, 2000, according to which on 15-11-2000 out of the erstwhile state of bihar, two states came into being, namely, state of bihar and the ..... power to adopt laws -- for the purpose of facilitating the application in relation to the state of bihar or jharkhand of any law made before the appointed day, the appropriate government may, before the expiration of two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications .....
Tag this Judgment!