Judgment Search Results Home > Cases Phrase: civil jails act 1874 Court: patna Page 3 of about 86 results (0.047 seconds)

Commissioner of Wealth-tax Vs. Suresh Mohan Thakur

Court : Patna

..... that the words 'but not including jewellery' were retrospectively added with effect from april 1, 1963, and the explanation was added with effect from april 1, 1972, by the same finance act in section 5(1)(viii), gave out a clear intention of parliament that the wider meaning of the word 'jewellery' as contained in the explanation, was not to be applied for any assessment year ..... clauses in order to enlarge the meaning of words or phrases occurring in the body of the statute, it was also susceptible of another construction, which may become imperative, if the context of the act is sufficient to show that it was not merely employed for the purpose of adding to the natural significance of the words or expressions defined. ..... it is well-established that a subsequent act of parliament does not afford any useful guide in the construction of the prior act and the subsequent act can be resorted to for purposes of construction of the prior act only when both the acts deal with the same subject and the part of the prior act sought to be construed is equivocal and ..... noticing the judgment of the supreme court in arundhati balkrishna : [1970]77itr505(sc) and the amendments to the act thereafter it observed (at page 248) : 'the explanation made it quite clear that the term 'jewellery' ..... their lordships considered the legislative changes brought about to section 5 of the wealth-tax act and came to the conclusion that the intention of the legislature was not to include gold ornaments within the .....

Haridwar Pandey Vs. the State of Bihar

Court : Patna

..... which is as under:-- 'if the alleged contemnor in response to the notice appears before the high court and asks it to drop the proceeding on the ground of its being barred under section 20 of the act but the high court holds that the proceeding is not barred, it may be that an appeal would lie to this court under section 19 from such an order although the proceeding has remained pending in the ..... a finding, the hon'ble judge proceeded further in the matter under section 14 of the contempt of courts act and directed that the petitioner be detained in adarsh central jail, beur, patna, and a copy of the order was asked to be served upon the petitioner on that date ..... appellant vehemently contended before me that a fair understanding of section 19(1) and section 19(2) read in juxtaposition with section 14(4) of the contempt of courts act, 1971 it would clearly appear that an appeal against the order rejecting prayer for bail would be maintainable. ..... under section 436 of the code of criminal procedure certainly would be an order which would run contrary to the very spirit of the code of civil procedure and would violate the fundamental right because every law is established in. ..... scc 26, they would require to dismiss the present appeal under section 19 of the act in limine simply because the impugned order was not an order imposing punishment for contempt. ..... in certain civil matters, as provided under the code of civil procedure, certain judgments and orders are made appealable under sections .....

Rakesh Kumar Vs. the State of Bihar

Court : Patna

..... and not doubtful; and (iii) there exists no other provision of law by which the party aggrieved could have sought relief.it is an age-old and well-established principle that every court has inherent power to act ex debito justitiae to do that real and substantial justice for the administration of which alone it exists or to prevent abuse of the process of the court. ..... it corresponds to section 151 of the code of civil procedure and proceeds on the same principle. ..... 278 of 2004 under section 366a/34 of the indian penal code and he was sent to the judicial custody in tihar jail by the learned metropolitan magistrate, delhi. .....

Md. Naimul Haque Ansari @ Naimul Haque Ansari Vs. the State of Bihar

Court : Patna

..... or section 4 of the dowry prohibition act, 1961, the courts should, therefore, be circumspect are careful, while considering the question of grant or refusal of bail, to find out whether there are indeed genuine and serious allegations and only then, if it does find ..... the above principles could equally apply to what are civil disputes.14. ..... or section 4 of the dowry prohibition act, 1961, does not mean that the bail should be denied to the accused. ..... the normal rule adopted by the courts is of bail and not jail. ..... and section 4 of the dowry prohibition act, 1961. ..... in these three applications are the husbands of the respective complainants, in custody, in complaint cases instituted under sections 498a and 323, 379 and 406 of the penal code variously and sections 3 & 4 of the dowry prohibition act.3. .....

Ranjeet Singh @ Ranjeet Kumar Singh and anr. Vs. State of Bihar and or ...

Court : Patna

..... relevant portion of the judgment is quoted herein below: 'thus, all that the court recommends now is that while prescribing for changes or amendments to legislation (sections 18, 42 and 68 of the act) and provide symmetry within the state for all the three categories, mukhiyas, pramukh and up-pramukh and adhyaksha and up-adhyaksha, until the revision of the law is considered and provided for, local government ..... further been stated in annexure 4 that no confidence motion is being brought against the chairman and the vice-chairman because of their arbitrary action against the law, acting like a monarch and like an irresponsible persons, the details of which have been mentioned in the requisition. ..... learned counsel for the petitioners lastly contended that sub-section (5) section 68 of the act, 1993 be declared ultra vires on the ground that a division bench in the case ..... it is to be noticed that function of the chief executive officer has been mentioned in section 86 of the act, 1993 which says that the chief executive officer shall carry out the policies and directions of the zila parishad, control the officers and servants of the zila parishad subject to general ..... him as to whether in the light of section 68(4) of the bihar panchayat raj act, 1993, for brevity 'act 1993 special meeting has been convened or not, annexure 6. ..... judgment was challenged before the supreme court in special leave petition (civil) (cc 6459/02)72002. ..... the chairman, is in jail and the vice-chairman, petitioner .....

Naresh Rai Alias Naresh Singh and ors. Vs. State of Bihar

Court : Patna

..... their statements, therefore, are not admissible under section 32; but their statements however are admissible under section 157 of the evidence act as former statements made by them in order to corroborate their testimony in court. ..... 4 has survived this statement cannot be called dying declaration but only a formal statement under section 157 of the evidence act can be used only to corroborate or contradict the witnesses in the court. ..... since the appellants have been in jail and the matter is of the year 1977, so the conviction of appellant nos. ..... even in civil cases this cannot be done unless the parties are agreed that the evidence in one case may be treated as evidence in the other. ..... 2000/-with two sureties of like amount for a period of one year under section 4(1) of the mobation of offenders act. ..... and 24 cattle trespass act. ..... 220 of cri lj) in para 7:---when a person who has made a statement, may be in expectation of death, is not dead, it is not a dying declaration and is not admissible under section 32 of the evidence act. ..... it is based on the rule of evidence that facts admitted need not be proved contained in section 58, evidence act. .....

Balak Lal. Vs. Most.Bhagia Devi.

Court : Patna

..... in such view of the matter, section 52 of the transfer of property act is clearly applicable. ..... section 52 of transfer of property act reads as follows:"52. ..... in view of the above facts and the settled principles of law, it goes without saying that if any sale deed is executed by any party during the pendency of this appeal, it will be hit by section 52 of the transfer of property act. ..... appeal, the plaintiff has sold the lands allotted by the pleader- commissioner in favour of the appellant is concerned, it is well settled principles of law that certainly the transfer will be hit under section 52 of the transfer of property act. ..... therefore, the learned counsel submitted that the sale deed executed by the plaintiff regarding the property which were allotted by the pleader-commissioner in favour of the defendant are hit by section 52 of the transfer of property act. .....

Ramesh Singh and anr. Vs. Chinta Devi and ors.

Court : Patna

..... in chapter vii 'construction, equipment and maintenance of motor vehicles', in chapter viii 'control of traffic', in chapter ix 'motor vehicles temporarily leaving or visiting india', chapter x in 1988 act deals with 'liability without fault in certain cases' which contains sections 140 to 144 and which correspond to old sections 92a, 92b, 92c, 92d and 92e, which were inserted in the 1939 ..... question of law, which arose for consideration, was whether in the absence of any provision giving retrospective effect to certain amendments made in the court-fees act, 1870, as applied to bombay by the court-fees (bombay amendment) act, 1954, which amendment came into force on 1-4-1954, the court-fees payable on two memoranda of appeal were payable according to the law in force ..... cases 660 : (air 1981 sc 2059) in respect of the arguments advanced by the learned counsel for the appellants regarding interpretation of section 95(2), as amended by 1969 act, the supreme court observed as follows : 'having given our anxious considerationto these contentions of shri sorabjee, which are not without plausibility, we have come to the ..... question whether such claim-petitions were filed before or after the 1988 act, the claimants, who have obtained awards in their favour, will be left under the clutches of those against whom such awards have been passed and the whole purpose and object of setting up such tribunals, replacing the civil courts, would be frustrated if the old system of unconditional right .....

Anita Devi. Vs. Pradyuman Prasad Yadav.

Court : Patna

..... the ill conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party and longer, may amount ..... the trial court acquitted them from the charges under section 323, 380 and 3/4 dowry prohibition act and thereby disbelieved the case of demand of dowry but convicted them under section 498 a ..... therefore, according to the hon'ble supreme court, although cruelty has not been defined in the act and there cannot be any uniform formulae for defining the said term, it can safely be inferred that cruelty includes both the cases of physical as ..... counsel submitted that so far granting of decree on the ground of long separation is concerned, it is not a ground mentioned in section 13 of hindu marriage act and, therefore, on this ground, no decree could have been granted. ..... regarding marriage in contravention of section 5 of hindu marriage act was forgiven, the learned court below framed 5 issues ..... the petitioner- respondent and his family members were acquitted by the trial court also under section 3/4 dowry prohibition act and 323, 380 of the indian panel code. ..... sterilization without medical reasons and without the consent or knowledge of his wife and similarly, if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty. .....

Sudhanshu Mauli Tripathi Son of Sri Umakant Tripathi Vs. Meena Kumari ...

Court : Patna

Reported in : 2010(58)BLJR195

..... the ill conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviours of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, may amount ..... in the court of the learned sub divisional judicial magistrate, patna, under section 498a of the indian penal code read with sections 3 and 4 of the dowry prohibition act.let the parties file their separate applications personally sworn by them incorporating the aforesaid terms and conditions on or before 18.5.2009. ..... judge, family court, patna, dismissing the suit for divorce filed under section 13 of the hindu marriage act, 1955 (hereinafter referred to as 'the act')the appeal under section 19 of the family courts act lies before this court and is to be heard on facts as well as on law. ..... the issue have held that a petition of divorce is either based on a fault theory also known as matrimonial offence theory found under section 13 of the hindu marriage act, or the break-down theory, which is the case in hand. ..... be adjudged upon consideration of the extent and manner in which an act of a spouse has affected the person complaining of the same. ..... chance of reconciliation, attracted the attention of the apex court and a number of authoritative pronouncements were made in the backdrop of circumstances where the grounds set out in section 13 of the hindu marriage act could not be satisfied by the person claiming divorce. .....