Court : Patna
Decided on : May-09-2003
..... magistrate with regard to the storage site. on the basis of the no-objection certificate, the petrol company obtains a licence under the explosives act from the competent authority under that act. then the dealership agreement is executed between the selected candidate and the petrol company.29. in the mean while the dealer must ..... distribution system was among the responsibilities and functions of the gram panchayat, the panchayat samiti and the zila parishad. he referred to section 22 of the bihar panchayat raj act dealing with the functions of gram panchayat and submitted that monitoring the public distribution system was one of the functions of the gram ..... of india, ministry of petroleum. the guidelines laid down by the government of india contain detailed provisions relating to eligibility criteria, reservations for different groups and sections of people and the selection process. once a candidate is selected for the grant of dealership, a letter of intent is issued in his favour by .....
Tag this Judgment!Court : Patna
Decided on : Apr-02-2003
..... time the consumer is prevented from receiving or using the electrical energy to be supplied under this agreement either in whole or in part due to strikes, riots, fire, floods, explosions, act of god or any other case reasonably beyond control or if the board is prevented from supplying or unable to supply such electrical energy owing to any or all of .....
Tag this Judgment!Court : Patna
Decided on : Apr-22-2003
..... which was called for on 2-4-2003, it appears' that mirganj p.s. case no. 340/2001 under sections 302, 341, 120b of the indian penal code read with section 3/4 of the explosive substances act was registered against the petitioner and other accused persons. the police forwarded the accused persons with the first information report ..... question arises as to whether the learned magistrate had jurisdiction to pass an order of release/discharge of the petitioner before submission of the final form.7. section 156 of the code of criminal procedure (hereinafter referred to as 'the code') empowers the police officer to investigate cognizable cases for which information relating to ..... forwarded the accused persons under custody to the chief judicial magistrate. gopalganj, who was empowered to take cognizance of the offence and try the same.9. section 173 of the code speaks about the submission of the report by the police after completion of investigation and in the instant, case, it appears that the .....
Tag this Judgment!Court : Patna
Decided on : Sep-04-2003
..... next the phrase 'to hold office until meeting of the next following year 'are ultra vires to the constitution and are struck off and deleted from the act. hereinafter this section shall read to suggest that there is an election of a mayor and a deputy mayor. the mayor and the deputy mayor along with him shall have ..... lesser tenure is ultra vires to the constitution. at present, the election of a mayor and a deputy mayor is referred to in section 19. section 19 at. present lies thus:-- section 19 of patna municipal corporation act, 1951 'annual election of mayor and deputy mayor:--(1) the corporation shall, at its first meeting each year elect from amongst the ..... 1951, 52 years ago. it does not take into account the position of a chairperson of a municipality. in accordance with the constitution of india, section 16 of the patna municipal corporation act, 1951 does mention that the corporation, unless sooner dissolved under any law for the time being in force, shall continue for a term of five .....
Tag this Judgment!Court : Patna
Decided on : Apr-25-2003
..... the said legislation has received the assent of the president as provided under proviso to article 304(b) of the constitution, 10. section 3 of the act is the charging section under sub-section (1) of section 3 of the act, the tax is levied on entry of scheduled goods into a local area for consumption, use or sale therein at such rate ..... be stated that according to the learned counsel for the petitioners, after the addition of the scheduled goods in the schedule, a notification has been issued under section 3 (1) of the act prescribing the rates of entry tax and restrictions with regard to the same. in this connection, he drew our attention to the notification dated 25-7-2001 ..... items purchased by the petitioners have been included in the schedule. thus, total items became 18 and with regard to the same a notification was issued under section 3 (1) of the act on 25-7-2001 prescribing rate of entry tax and the conditions for payment of entry tax, with regard to items no. (1) and (2), namely .....
Tag this Judgment!Court : Patna
Decided on : Jan-20-2003
..... below to maintain peace for two years and to be of good behaviour for the same period with all conditions attaching to the same under section 4 of the probation of offenders act. the appellants shall surrender in the trial court and furnish the aforesaid bond within 3 months from the date of communication of this judgment, ..... had any intention to kill the victims. those accused-appellants who were armed with fire-arms and had indulged in firing, were convicted under section 27 of the arms act further besides their conviction under section 324/34 ipc. so, i think the order of conviction was not also unsupported by the evidence and circumstances on record. 9. it ..... and accused of that case were acquitted, in this case, sympathetic view may betaken and the accused-appellants may be afforded the benefit of section 360 cr. p.c. or probation of offenders act, 10. in view of the fact that perhaps, good feelings were restored between the parties and the accused-appellants must have remained in .....
Tag this Judgment!Court : Patna
Decided on : Dec-03-2003
..... payment or settled by the insurer unless he has obtained a report on the loss that has occurred from a person who holds a licence issued under that section to act as a surveyor or loss assessor. the decision to reject the claim was in consonance with the report of surveyor and loss assessor/investigator. it does not ..... altogether.16. as a matter of fact the acts envisaged in section 406 or 409 or 420 or for that matter other cognate offences occurring in chapter xvii of the indian penal code cannot be part of duty of a ..... absence of any express provision simply because they are deemed to be public servants and accordingly there is no bar to their prosecution without such sanction. section 107 of the insurance act provides for previous sanction of the advocate general in the matter of proceeding against officers etc. of the insurance company but that is a different provision .....
Tag this Judgment!Court : Patna
Decided on : Jun-26-2003
..... labour and industrial cases 1051, a dispute arose as to the methodology of calculation of fifteen days' wages under the payment of gratuity i.d. act. section 4(2) of that act, as soon above, merely provides that for every completed year of service or part thereof in excess of six months, the employee would be paid ..... the crucial question then is whether termination of the respondent's services was valid one. in other words, whether the termination was in accordance with section 25f of the act. section 25f of the act may usefully be quoted at this stage, for the sake of ready reference, as under: 'conditions precedent to retrenchment of workman.--no workman employed ..... of the respondent's service amounted to retrenchment - a point argued with emphasis on behalf of the management - so as to attract the mischief of section 25f of the act, reference may be made to the other finding of the labour court regarding the termination being stigmatic in nature. the labour court took the view that .....
Tag this Judgment!Court : Patna
Decided on : Oct-28-2003
..... in orderto appreciate the submissions of the counsel for the parties i would first like to refer to the definition of the term 'forest produce' in the indian forest act. section 2(4) whereof defines the term as under:--'forest-produce' includes:(a) the following whether found in, or brought from, a forest or not, that is to ..... given the widest possible meaning. dwelling upon the meaning and scope of the term 'forest produce' this court in woodman industries' case observed as under:--'section 2(4) of the act has been couched in the widest possible terms. firstly, the use of the term 'includes' suggests that the description of forest produce is not exhaustive. ..... is the end product having a distinct identity is the result of human labour and mechanical process and it falls outside the mischief of the rules. section 41 of the forest act under which transit rules have been framed authorises the state government to make rules for regulating transit of forest produce. not being a 'forest produce' .....
Tag this Judgment!Court : Patna
Decided on : May-06-2003
..... but from the very language it would appear that it gives the example and in fact is exemplary in nature. the rule-making power is under sub-section (1) of section 321. when section 17 of the act says that the other causes are to be prescribed by the state govt. then the state govt. is obliged to prescribe the other causes. the ..... a period of three months from today the state govt. should providethe other causes or prescribe the other causes in conformity with the powers conferred upon it under section 31 of the act to make section 17 more beneficent to the vehicle owners. the state govt. may take into consideration that even if a vehicle is kept for use, the conditions may ..... the state in connection with a contract, a vehicle will, nonetheless, be within the import of 'kept for use' in the state. it is immaterial for the purpose of section 3 of act 25 of 1991, whether a vehicle is actually being used or is kept for use in the state. 45. paragraph 11 of the said judgment reads as under :-- ' .....
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