Court : Patna
..... 58 of the code of civil procedure, 1908 (5 of 1908) or under section 23 of the provincial ..... released therefrom, be sent back to the civil jail, unless either-(a) three years have elapsed since he was removed to the criminal jail, in which case he shall be deemed to have been released from the civil jail under section 58 of the code of civil procedure, 1908 (5 of 1908) or section 23 of the provincial insolvency act, 1920 (5 of 1920), as the case may be; or(b) the court which ordered his imprisonment in the civil jail has certified to the officer in charge of the criminal jail that he is entitled to be released under section .....
Tag this Judgment!Court : Patna
..... officer is only to the extent that the presiding-officer, fast track court should not be given any such appointment with judicial powers in future and recommendation against the petitioner is that he be shifted from siwan jail and the trial of the case be held at some other place and strict orders be passed that the accused should not be provided with mobile phones and other facilities and that the accused should ..... , and also unconditional apology begged by the petitioner and the presiding officer in its totality, i am of the view that acts alleged to have been committed by both the petitioner and the presiding officer, fast track court, siwan do not constitute either civil or criminal contempt of court and so no proceeding of contempt of court against either petitioner or presiding officer, fast track court is required to be initiated. ..... petitioner and presiding officer, fast track court it can easily be construed and held that act of the petitioner and the presiding officer, fast track court do not constitute either civil or criminal contempt of court, inasmuch as the act attributable to the petitioner is only to the extent of praying learned trial court (fast track court) for permission to go to delhi for taking oath as an elected member of parliament and also participate in parliamentary session and that to presiding ..... the facts on record indicate that petitioner was lodged in district jail. .....
Tag this Judgment!Court : Patna
..... documentary and oral evidences indicate that on being admitted into the bhagalpur jail, some injuries were noticed by the jail authorities in the eyes of p.ws.1 and 2 and, as such, they were sent to jail hospital and were admitted there and were checked up by the jail doctor and injuries in their eyes were recorded as may appear from ext-16 which is hospital register of the jail hospital and the entries in the above respect appears at serials ..... argument was also that there was variance in the statements in exts-14 and 15, the two jail applications sent by p.ws.1 and 2 to the district & sessions judge, bhagalpur regarding the places where they had been brought or confined and also regarding the places where the act of blinding them by piercing an instrument into their eyes or by pouring acid into them ..... the investigation indicated that the illegally arrested and detained persons, like, p.ws.1, 2 and others had been sent to bhagalpur civil court and from there to central jail, bhagalpur on 28.7.1980 at 11 a.m. ..... part of bhagalpur and the distance between police station, sabour and the civil courts, bhagalpur could be travelled even on foot in 15 minutes. ..... who was one of the members of the medical board formed by the civil surgeon, bhagalpur and who examined the two victims, namely, p.ws.1 and 2 on 2nd of december, 1980 and other 16 under-trial prisoners lodged in jail. ..... the evidence indicates that none of the arrested persons could reach the civil courts by next morning at about 11 a.m. .....
Tag this Judgment!Court : Patna
..... the court noticed that the appellant was a bit mentally upset and hence directed the jail authority to take care of this fact and to keep him in seclusion to avoid any violence against other prisoners on his part ..... this finds support from the case records.in that view of the matter, let the jail superintendent, chapra, take suitable and immediate steps for transferring undertrial prisoner chini sah to the mansik arogyashala (mental hospital) kanke, ranchi for examination and treatment with intimation to this court.in the peculiar ..... with a prayer to call for a report from the jail doctor or superintendent of jail, chapra, regarding mental fitness of accused chini sah and accordingly, a report was sought from the jail doctor but it would appear that without awaiting the report, the proceeding was again adjourned for recording statement of the accused which was eventually recorded on 24th november, 1997, pursuant to which the ..... accordingly, the jail superintendent, chapra, is directed to produce accused chini sah before the civil surgeon-cum-c.m.o. ..... matter which needs to be taken notice of that when a plea of insanity is set up, firstly, the court has to consider whether at the time of commission of offence, the accused, by reason of madness of mind, was incapable of knowing the nature of act that he was doing what was either wrong or contrary to law. ..... state of bihar, distinction between incapacity at the time of doing the act charged and incapacity at the time of trial is apparent. .....
Tag this Judgment!Court : Patna
..... on 14.10.96 late janna't ansari was brought by the police under handcuffs from the sasaram jail to sasaram court for his production in the court of 1st additional sessions judge, rohtas when the petitioner under handcuffs alongwith police personnel reached near the civil court premises, he was shot by unidentified person which hit on his head, as a result he died immediately in the hospital. f.i.r. ..... in doing so the courts take into account not only the interest of the applicant and the respondent but also the interests of the public as a whole with a view to ensure that public bodies or officials do not act unlawfully and do perform their public duties properly particularly where the fundamental rights of a citizen under article 21 is concerned. ..... the right to compensation is some palliative for the unlawful acts of instrumentalities which act in the name of public interest and which present for their protection the powers of the state as a shield. ..... it may be necessary to identify the situations to which separate proceedings and principles apply and the courts have to act firmly but with certain amount of circumspection and self- restraint, lest proceedings under article 32 or 226 are misused as a disguised substitute for civil action in private law. ..... 558/96 under section 302/307/324/34 of the indian penal code including 27 of the arms act against five named accused persons. .....
Tag this Judgment!Court : Patna
..... clear by the expression used in section 12(3) of the act, where provision is that notwithstanding anything contained in this section where a person is found guilty of a civil contempt, the court, if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary, shall instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six months as it ..... can be sent to jail or who can be punished for having committed contempt of court or who can be retained in civil prison or sentenced to simple imprisonment, we have to look to the provisions of section 12 of the act. ..... be punished and can be sent to jail, for this purpose, it is imperative that sections 2 and 3 of the act along with section 12 of the act and rules 3 and 7 etc. ..... patna high court) indicates that a proceeding for civil contempt within the meaning of, the act shall be registered as miscellaneous judicial case (m.j.c. ..... --it is civil contempt of court to refuse or neglect to do an act required by a judgment of order of the court within the time specified in the judgment or order, or to disobey a judgment or order, requiring a person to abstain from doing a specified act in breach of an undertaking given to the court by a person, on the faith of which the court sanctions a particular course of action or inaction.in such a case, a judgment or order against an individual or an undertaking given by an individual may, subject .....
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..... -- due provision shall be made for the admission, at proper times and under proper restrictions into every prison of persons with whom civil or unconvicted criminal prisoners may desire to communicate, care being taken that so far as may be consistent with the interests of justice, prisoners under trial may see their duly qualified legal advisers without ..... of the significance of the question involved, we would like to refer to the relevant provisions of the prisons act, 1894 and the bihar jail manual, and also to some of the decisions of the apex court on the point. ..... in this connection that if the petitioner is considered to be a 'security risk' to the prisoners at large inside the jail, the jail authorities are not powerless to deal with him otherwise than by keeping him in cellular confinement. ..... other grievance of the petitioner that he is being denied audience with his lawyers, friends and relatives at will, as and when he likes, it is difficult to accede to the prayer section 40 of the prisons act, apart from the jail manual, permits restrictions on visits to under-trial prisoners. ..... adverting now to the prisons act it would appear that section 27 of the act provides for classification of the prisoners into four categories for the purpose of their confinement, as under :-- (a) female prisoners,(b) prisoners below the age of 21 years,(c) un convicted criminal prisoners, and(d) civil prisoners.the section says that these classes of prisoners shall be kept ..... to civil and unconvicted .....
Tag this Judgment!Court : Patna
..... : 1982crilj1731 the hon'ble apex court observed in paragraph 1 at page 467 as under:a frustrated landlord after having met his waterloo in the hierarchy of civil courts has further enmeshed the tenant in a frivolous prosecution which prima facie appears to be an abuse of process of law. ..... 525 of 1996 in which he was finally acquitted.ii) he alleged that on 17.1.2000, after coming out of jail, he was shocked to read hindi daily 'aaj' and 'hindustan' dated 9.2.1997 and 14.2.1997 respectively, a copy of which was given by witness no ..... one safe and sure test would be to consider whether the omission or neglect on the part of the public servant to commit the act complained of, would have made him answerable for a charge of dereliction of his official duty.18. ..... the evidence of the two prosecution witnesses as well as the complaint petition would show that the complainant is accused in quite a number of cases and has been to jail time and again.d) the instant prosecution is barred under section 468 cr.p.c. ..... 2 was in jail on the following occasions:i) he was in jail when the alleged report was published in the newspapers on 9.2.1997 and 14.2.1997.ii) on coming out of jail the opposite party filed the complaint on 21.12.2000iii) on 10.5.2000 when he was produced for examination on solemn affirmation he was in jail.iv) p.w.2 in his deposition on 22.5.2004 admitted that the complainant has gone in jail in many cases ..... 2 has been to jail quite a number of times including offences like arms act etc. .....
Tag this Judgment!Court : Patna
..... after receipt of the report of the public analyst the complainant obtained sanction for prosecution from the civil surgeon-cum-chief medical officer, nalanda and filed a complaint which was received on 16.7.2003 by the learned chief judicial magistrate, who after perusing the same passed the impugned ..... 1004 of 2003 whereby he took cognizance of the offence under section 16(1)(a) of the prevention of food adulteration act, 1954 (hereinafter referred to as the said act) and directed to issue summons against the petitioner and also against the order dated 27.12.2005 passed by the 1st additional sessions judge, nalanda in criminal revision ..... 2, the food inspector, nalanda at bihartsharif is that on 13.2.2003 he visited the jail premises, biharsharif and took sample of food articles including milk powder from there and sent the sample of milk powder to the public analyst and the sample was found by the public analyst to be ..... this case the milk powder was stored in the jail premises for consumption of the jail inmates and not for sale to public. ..... also submitted that the petitioner was superintendent of jail and so sanction for prosecution under section 187 ..... from this, the petitioner admittedly was the jail superintendent at the time of the alleged occurrence ..... it is not disputed that the jail superintendent is a public servant and he cannot be removed from his office save by or with the sanction of the ..... also been made accused in this case in his official capacity as superintendent of jail. .....
Tag this Judgment!Court : Patna
..... disqualification with pradeep mandal in the matter of appointment and even the order of conviction of the trial court which was confirmed by the appellate court constituted no disqualification for him he was appointed as driver to the civil court by the predecessor district & sessions judge and so the allegation petition is absolutely false. ..... court from its administrative side has the supervisory jurisdiction under article 229 of the constitution to deal with such matter and to entertain appeal if preferred by a civil court employee against any order passed by the learned district & sessions judges.14. ..... 173/97 bears no-significance so far as his continuing in the appointment as driver in the civil court is concerned.so far as the other aspect of the allegation in the relevant petitioner of ashok mandal is concerned, that also bears no truth and the allegation is simply designed ..... he has been made accused in another criminal case and being employee of civil court, is making pairvy to the concerned magistrate and a.d.j.the aforesaid confidential letter purported to have been written by ashok mandal was forwarded to the learned district & sessions judge, munger for necessary inquiry and ..... well as 27 of the arms act and so there were reported alleged occurrence of assault and counter-assault by and against both the parties and considering this all the accused-persons including pradeep mandal have been granted bail by the court and pradeep kumar did never go to jail in the said case. .....
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