Court : Patna
Decided on : Mar-09-2006
..... basis of a report given to the police, patna g.r.p.s. case no. 254 of 1990 under section 302/34 of the indian penal code, section 27 of the arms act and section 3/4 of the explosive substance act was registered against three unknown persons. police, after investigation, submitted charge sheet against three accused persons, namely, binod yadav ..... of 1997, so far as petitioner is concerned, supplementary charge sheet dated 17.7.1997 was submitted against him under sections 304/302/34, 120b of the indian penal code, section 3/5 of the explosive substance act. after submission of the charge sheet against the petitioner, the learned magistrate had taken cognizance of the offence and the ..... pending for commitment.6. mr. kumar, then contends that the petitioner can be summoned to face trial by the sessions judge in exercise of power under section 193 of the code of criminal procedure, this issue is academic. here on the basis of supplementary charge sheet cognizance has been taken and the matter is .....
Tag this Judgment!Court : Patna
Decided on : Sep-13-2006
..... basis of the statement of one syed basumul haque, officer incharge, begusarai police station under sections 207, 223, 136, 324, 353, 216a of the indian penal code and sections 25(1-b)a, 26, 27, and 35 of the arms act read with sections 3, 4, and 5 of the explosives act. the petitioner along with other co-accused, namely, shankar singh, mukesh singh, binod ..... (iv) it is in the expediency of the larger interest of justice, the high court may pass an order as incorprated under clauses (i) to (iv) of sub-section (1) of section 407 cr.p.c., as quoted above.6. from a plain perusal of all the three applications, none of the aforesaid grounds are attracted. in other words, the court ..... court of fast track court no. iv, begusarai, arising out of barauni p.s.case no. 406 of 1992 under sections 353, 307/34 of the indian penal code and sections 25(1-b)a, 26, 27 and 35 of the arms act. as the synopsis of this case, provides by the state, discloses, one uma shankar singh, assistant inspector of police, .....
Tag this Judgment!Court : Patna
Decided on : Nov-06-2006
..... used to climb on the transformer for making repairs and would not heed even to forbiddings and that as he did so on the fateful day, there was an explosion and suffering electric shock he died. no witness has stated that the petitioner in any way forced or even suggested the deceased to climb and make repairs. case diary ..... the deceased frequently used to climb on the transformer for making repairs and did not listen to anyone and that he climbed on the fateful day and there was explosion and the deceased suffered electric shock and died.6. in course of investigation no witness had stated in any way that the petitioner forced or even suggested the deceased ..... intention to cause death or causing such bodly injury which is likely to cause death .whereas part-ii of section 304 i.p.c. contemplates act within the knowledge that if the act is done it is likely to cause death. to attract section 304 i.p.c. any of the aforesaid circumstances should exist. from the facts constituting the offence as .....
Tag this Judgment!Court : Patna
Decided on : Aug-24-2006
..... the application is true to the best of his knowledge and belief and that he has made no other application claiming compensation under this act. 18. thus, from the plain reading of section 3b of the act, it appears that ext. 3 is the application showing intermediary interest in the land mentioned in the application and not showing tenancy right ..... relied upon ext. 3 and ext. 4 to 4/b. ext. 3 is the application filed by the plaintiff, deodhari singh under the provision of section 3b of the bihar land reforms act, 1950 which was submitted by the plaintiff at the time of vesting of zamindari. the learned advocate of the appellant has argued that this ext.c is ..... is not maintainable. the plaintiff has got no cause of action for the suit. the suit is barred by law of limitation and under section 4(c) of the bihar consolidation of holdings & prevention of fragmentation act, 1956. further case is that mahabir singh, the father of the plaintiff was not the ex-landlord of mauza deohalia and plot no. .....
Tag this Judgment!Court : Patna
Decided on : May-02-2006
..... of that court : air1976bom375 wherein the division bench had held that section of the act, in its application, would apply in between male members and female members so as to exclude female members. the full bench, after noticing the facts and ..... different degrees in relationship to the deceased. in paragraph-15, it has been very aptly stated 'it appears to us that the qualifying clause in section 18 of the act means nothing more than that other things being equal as between heirs of equal relationship and degree entitled to succeed together those of full blood will ..... that it is first to be applied to exclude half blood relations in all contingencies in preference to full blood relations irrespective of their degrees.9. section 18 of the act came for detailed consideration before the full bench of bombay high court (supra). the question was the correctness of decision of a division bench judgment .....
Tag this Judgment!Court : Patna
Decided on : Nov-06-2006
..... any court;(b) no election to any panchayat shall be called in question except by an election petition presented to the prescribed authority under this act.furthermore, section 139 of the act provided the grounds for declaring election to be void by the prescribed authority when the result has been materially affected by the improper acceptance of any ..... jurisdiction such panchayat samiti or zila parishad, as the case may be, is situated. 16. furthermore, so far as the provision of sub-section (2) of section 136 of the new act is concerned, it is quite apparent that only such disqualifications, which are evident on their face and cannot be legally denied and also do not ..... election of the returned candidate is not void.15. the elections in question have been conducted in accordance with the provisions of the new act, sub-sections (1) and (2) of section 139 of which as shown above provided that only the prescribed authority can decide the election of the returned candidate to be void and the .....
Tag this Judgment!Court : Patna
Decided on : Feb-20-2006
..... to interest at the rate mentioned therein whether there was any agreement regarding interest between the parties or not. he further submitted that as per section 1(3) of the act, the act. came into force on 23.9.1992. the materials admittedly were supplied till 30.4.1993. hence, according to the agreement payment of the ..... banks) on credit limits in accordance with the directions given or issued to the banking companies generally by the reserve bank of india under the bank regulating act, 1945,section 5:- 'notwithstanding anything contained in any agreement between a supplier and a buyer or any law for the time being in force, the buyer shall be ..... undertaking or a small scale industrial undertaking holding a permanent registration certificate issued by the directorate of industries of a state or union territory. similarly, under section 2(c) of the act 'buyer' means, whoever buys any goods or receives any services from a supplier for consideration.34. thus, it is clear that the respondent is .....
Tag this Judgment!Court : Patna
Decided on : Aug-24-2006
..... show that the petitioners' claim was quite untenable.8. for a proper examination of the question it would be appropriate to begin from the definition as given in section 2 of the vat act. section 2(q) defines input as follows:2(q) 'input' means goods (excluding goods specified in schedule iv) purchased in the course of business -(a ) ..... c.s.t. liabilities cannot be adjusted against input tax credit under section 16 of the act.5. mr. s.d. sanjay, counsel appearing for the petitioners in the two cases strongly urged that the main purpose of providing the facility of input ..... 2006) should be adjusted against their input tax credit accruing to them on the basis of taxes paid on purchase of raw materials as provided under section 16 of the vat act. the two writ petitions also seek to challenge a circular letter dated 2.12.2005 issued by the commissioner cum secretary, commercial taxes directing, that any .....
Tag this Judgment!Court : Patna
Decided on : Jul-25-2006
..... the property is held or against any other person shall lie by or on behalf of a person claiming to be the real owner of such propertysub-section (2) of section 4 of the benami act runs as follows:no defence based on any right, in respect of any property held benami, whether against the person in whose name the property ..... any court. likewise, no defence can be based on the basis of the property held benami.9. i would like to quote section 4(1) and (2) of the benami act. sub-section (1) of section 4 of the benami act runs as follows:no suit, claim or action to enforce any right in respect of any property held benami against the person ..... , claim or action filed prior to coming into force of the benami transactions (prohibition) act, 1988. according to sub-section (3) of section 1 of the benami act, section 4 of the benami act came into force on 19th may 1988, hence, the provision of section 4 of the benami act will definitely not apply in the suits filed before 19th may, 1988, since this suit .....
Tag this Judgment!Court : Patna
Decided on : Oct-12-2006
..... petitioner (landlord) to construct concrete roof in place of corrugated sheet roofing in the garb of asking them to carry out repairs under sub-section (4) of section 10 of the act (section 9(2) of the amended act). the hon'ble judges further held that the order of the house controller asking the landlord to make repair in the tenanted house was ..... to make exorbitant expenditure on repair of the tenanted house under his occupation and claim adjustment of the cost from future rent.18. sub-sections (3) and (4) of section 9 of the b.b.c.act show that if the landlord neglects to carry out repair then the proper course for the tenant is to file an application before the ..... is decided in favour of the appellant.substantial question of law no. ii16. it has been argued by the learned advocate of the appellant that under section 9(2) of the b.c.c.act, if the landlord refuses or neglects to do necessary repair works in the tenanted premises then in that case the tenant with the permission of the .....
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