Court : Patna
..... the further stand of the learned advocate general is that the state government in furtherance of achieving the object of the rules 2002, issued the impugned press communique to prevent the academic collapse specially in the rural areas and to restore the academic atmosphere in three state of bihar by weeding out fake teachers and necessary guidelines have been issued for implementation, of rules 2002 vide notification dated 11.6.2003, where all confusions have ..... rules and further according to heydon's principle, a well recognised mode to interpret an enactment, the court must see as to what was the law before making of the act; what was the mischief or defect for which the law did not provide; what is the remedy that the act has provided; what is the reason of the remedy and, thus, the court must adopt that construction, which suppresses the mischief and advances the remedy.36. ..... above that there are ways and means to identify the fake appointees and the procedures laid down in the impugned rules, in my opinion, do not appear to be logical based on sound public policy, rather it appears to be a harsh measure to disturb the teaching administration of the nationalised secondary schools and the object, therefore, cannot be achieved contrary to the settled provisions, as referred to above, and, thus, preference should be given to the leading provisions of the principal statute.52 .....
Tag this Judgment!Court : Patna
..... article 48a of the constitution of india specially casts a duty on the state to protect the environment. ..... the secretary also mentioned that the administration is also concerned in the loss of catchment areas contributing to the recharge system and during monsoon. ..... prem kumar verma, submitting before the court that a similar matter is before another bench and the petitioner ought to have mentioned this and the petition is a duplication and is otherwise misplaced. 2. ..... let this matter be placed before the court on 13 may, 2003 under the supplementary list. ..... but, this is the cycle of nature, which as far as possible should not be disturbed. 5. ..... the court indicated to the secretary that at least the plans be drawn up for setting up a municipal water works for patna ..... the environmental protection act, 1986 casts an obligation to preserve the balance between consumption and natural resources. 9. ..... the court only needs to remind the state administration that protecting the environment and preserving the ecological balance is now an obligation set upon every citizen under the constitution. ..... the court was indicated by the secretary, urban development along with the chief engineer, patna water board that the ground water level in patna falls at the rate of 5 feet per year during summer. ..... the court takes this petition on an entirely different plane ..... the funds available for habitat water consumption be indicated to the court. ..... he accepts that unplanned unauthorised urban sprawl has covered these areas. .....
Tag this Judgment!Court : Patna
..... it is accordingly directed that having removed the encroachments from the lanes and the bye-lanes of the area, the patna municipal corporation will make a formal request to the patna electric supply undertaking for streamlining its electricity poles in the area so as to cause least disturbance in the free movement of people within three month from the date of written request from the municipal corporation.9. ..... as the proposed removal of encroachments from the lanes, by-lanes of lohanipur presented a host of complex problems, involving a number of issues, this court deemed it fit to constitute a committee consisting of three members of the bar and two officers of the authority to make a survey of the area and to submit a report giving suggestions as to the best manner for carrying out the task of removal of encroachments in lohanipur. ..... it is stated in the stated in the report that all the electricity poles in the area are fixed in the centre of the lanes and are causing obstruction in the free flow of traffic. ..... it is expected that notices in terms of section 3 of the act will be issued within a moth from the date of receipt/production of a copy of this order and proceedings will be completed and final order will be passed within three month from institution of the proceeding.10. ..... government of bihar and the dristrict magistrate, patna are accordingly directed to pay immediate special attention to the problem of encroachment over public land in lohanipur area. .....
Tag this Judgment!Court : Patna
..... petitioner that according to section 14 a court of session has to be specified as as special court and as the court of session is presided over by the sessions judge, he alone can be designated and specified as special court for the purposes of the act and the additional sessions judges cannot be specified as a special court to try the offences under the act.18. ..... act itself is not workable as there is neither provision for institution and investigation of the case nor provision for trial or appeal against the judgment of the special court (iii) the appointment of additional district and sessions judges as a special court by the government notification is in breach of provisions of section 14 of the act as only the court of session could be specified as special court ..... learned counsel for the petitioner has raised an additional point in course of argument the offence under section 302 and other sections of the penal code cannot be tried by the special court constituted under section 14 of the act.as stated above the session court has been notified as a special court under the act. ..... of late, there has been an increase in the disturbing trend of commission of certain atrocities like making the scheduled castes persons eat inedible substance like human excreta and attacts on and mass killings of helpless scheduled castes and ..... of a person likely to commit an offence of atrocity in any areas including in scheduled areas or tribal areas as referred to in article 244 of the constitution. .....
Tag this Judgment!Court : Patna
..... there is nothing to show that there was awareness in the mind of the district magistrate, the detaining authority was satisfied in considering his antecedents and previous criminal acts, that there is likelihood of his indulging in criminal activities jeopardizing the public order if he is enlarged on bail and that there is every likelihood that the petitioner may be released on bail within ..... the distinction between the expression 'public order' and 'law and order' is well settled by several decisions of the apex court as well as this court and it would be useful for deciding the point in controversy to refer some of the recent decisions pointing out the guidelines ..... their lordships of the supreme court noticed that the detenu has been given in para 2 of the judgment and on consideration, their lordships held that they were the incidents directed against single individuals having no adverse effect on public order disturbing even the tempo of life or even the (sic)anquility ..... in : 1982crilj1191 , their lordships held that the true distinction between area of public order and law and order lies not in the nature or quality of the act but in the degree and extent of its reach upon the society. ..... the object of the act as revealed from the preamble, is to make special provision for the control and suppression of antisocial element with a view to ..... the police had to introduce special intensive patrolling and conducted raids to apprehend criminals in order to restore public order and .....
Tag this Judgment!Court : Patna
..... district magistrate, the detaining authority of the fact that the petitioner was in jail at the time of clamping of the order of detention and the detaining authority was satisfied in considering his antecedents and previous criminal acts, that there is likelihood of his indulging in criminal activities jeopardizing the public order if he is enlarged on bail and that there is every likelihood that the petitioner may be released on bail within a short time ..... state of bihar reported in : 1984crilj909 which has been referred in mustakmiyan's case (supra), the supreme court construed the expression 'habitually' to mean repeatedly or persistently and observed that it implies a thread of continuity stringing together similar repetitive acts but not isolated, individual and dissimilar acts and that repeated, persistent and similar acts are necessary to justify an inference of habit.28. ..... public order in the area was completely disturbed and, as such, sufficient police force was deputed to restore normalcy of public order in the area. ..... the object of the act as revealed from the preamble, is to make special provision for the control and suppression of antisocial element with a view to maintain the public order. ..... the people of the area were so much terror stricken that they started closing their houses and shops before dusk and public introduce special intensive patrolling and conducted raids to apprehend criminals in order to restore public order and confidence amongst the people. .....
Tag this Judgment!Court : Patna
..... the school of the petitioner does not fall in this category and, therefore, there is no question of application of section 3(1) of the 1976 act nor of section 4(3) of the act, inasmuch as, section 4(3) of the 1976 act related to services of the employees of local bodies working on deputation in the office of district superintendent of education, sub-divisional education officer-cum-municipal education officer and those ..... in terms of the bihar non-government elementary schools (taking over of control) act, 1976 (hereinafter to be referred to as the act) which was retrospective in nature and had come into force with effect from 1.1. ..... petitioner claims that his services were approved by the director, primary education on 6.1.1981, there was no question for him to move this court after eleven years by filing his first writ application for claiming payment of salary pursuant to the aforesaid order of the director, primary education dated ..... as with regard to the impugned order passed by the director, primary education, refusing payment of salary to the petitioner for the period 6.1.1981 to 7.3.1995, this court, for the reasons indicated above, does not find any error in the same and consequently it has to be held that the petitioner is not entitled for payment ..... arjun prasad yadav and upendra yadav but, their payment of salary were not made in view of the decision of the state government contained in letter of the special secretary cum director, primary education in the letter no. .....
Tag this Judgment!Court : Patna
..... in fact, his story of sudden inspection was further exposed in his own cross-examination when he had sought to explain that the reason for his holding inspection on 13.6.1976 in place of 14.10.1976 was that on 14.10.1976 he had been called in the office of the district education officer at sasaram and that he could not hold inspection of yadavpur school as per his earlier schedule programme because he was not aware of the ..... the state supported by sri krishan prasad singh, learned senior counsel appearing for the informant have not only placed reliance on the findings arrived in the impugned judgment by the trial court but have also sought to clarify the aspect with regard to the alleged discrepancy either in the place of occurrence or the manner of assault. ..... it has to be noted that though rupdeo mishra, guput mishra and buchun mishra were also convicted and sentenced by the trial court in the impugned judgment but they have died during pendency of the appeal and upon receipt of the confirmatory report from the superintendent of police, their appeals have been held to ..... state of punjab[(2009)9 scc 673] where this court reiterated the special evidentiary status accorded to the testimony of an injured accused and relying on its earlier judgments held as under ..... and as such, the ocular evidence in the form of injured eyewitness claiming not only the presence of appellant ram saehi mishra at the place of occurrence but also ascribing him with specific overt act cannot be disbelieved. 59. .....
Tag this Judgment!Court : Patna
..... is drawn to the alleged discrepancy, overwriting, omission or contradiction in the inquest report and the author in his deposition has also admitted that through a mistake he omitted to mention the crime number in the inquest report, this court has held that just because the author of the report had not been diligent did not mean that reliable and clinching evidence adduced by the eyewitnesses should be discarded by the ..... incidentally, in the early nineties, terrorist activities were on a peak in the border districts of punjab and it has practically been an axiomatic truth in the area in question that no one would in fact come out of the residential houses after dusk unless perforced at 3 oclock in the morning. ..... the presumption of innocence is available to the person and in criminal jurisprudence every person is presumed to be innocent unless he is proved guilty by the competent court and there can be no quarrel to the said legal proposition that if two reasonable views are possible on the basis of the evidence on record, the appellate court should not disturb the findings of acquittal.? ..... however, no separate sentence is passed under section 27(1) of the arms act as well as under section 307/34 ipc on account of having already been inflicted sentence for imprisonment for life. ..... ) air 1976 sc 2140 this court held that non-indication of inculpatory material and its relevant facts by the trial court to the accused adds to the vulnerability of the prosecution case. .....
Tag this Judgment!Court : Patna
..... in this connection learned counsel for the election-petitioner also pointed out that inspite of direction of this court to produce the original deployment plan of central para military force deployed in naxalite affected area of jamalpur assembly constituency, the plan was not produced, though its plain copy without signature was ..... 20, 21 of the cross-examination election-petitioner admitted that he has not given the name of any particular naxalite who intended to disturb or disturbed the election nor has he given the name of the voter who was restrained from polling at booth nos ..... the notice dated 24.04.2009 indicates that station house officer, mufassil police station, munger is continuously receiving complaints against the noticee (p.w.1) that he is taking special interest in the political activity of a particular political party and is trying to impress upon the voters in his favour by pressurising them ..... was also averred that election petition is fit to be dismissed under section 86(i) of the act as the copy of the election petition filed in this court and served on the sole respondent is not the true copy of the election petition. ..... it is further stated in the election petition that election-petitioner though aware that his earlier representations were not acted upon by the election commission, yet submitted detailed representation dated 02.05.2009 in which he raised point-wise submission about bungling, manipulation done by men, supporters of respondent with the active and open help .....
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