Court : Patna
..... the allotted house since after allotment and as such his allotment was cancelled, it also transpires that the petitioner through his advocate issued a notice under section 92 of the bihar state housing board act and rules for filing a suit for redressal of his grievances but without doing so he has come to this court to raise his grievance on the ..... ambit of this writ court to be settled.6. mr. n.k, prasad, counsel for the petitioner submitted that the suit is not maintainable as there is a bar under section 62 of the act in question but i am not inclined to accept his views as the suit is barred only under chapter-ix of the ..... act and not on other matters.7. in the result, the writ petition is dismissed, but no order as to costs. however, the petitioner shall be at liberty to raise his .....
Tag this Judgment!Court : Patna
..... the allotted house since alter allotment and as such his allotment was cancelled. it also transpires that die petitioner through his advocate issued a notice under section 92 of the bihar state housing board act and rules for filing a suit for redressal of his grievances but without doing so he has come to this court to raise his grievance on the ..... the ambit of this writ court to be settled6. mr. n.k. prasad, counsel for the petitioner submitted that the suit is not maintainable as there is a bar under section 62 of the act in question but i am not inclined to accept his views as the suit is barred only under chapter-ix of the ..... act and not on other matters.7. in the result, the writ petition is dismissed, but no order as to costs. however, the petitioner shall be at liberty to raise his .....
Tag this Judgment!Court : Patna
..... state of gujarat, reported in a.i.r. 1972 s.c. 1776.12. so in view of the authority cited above and the provision of section 32 of the evidence act it can be said that dying declaration can be oral and also documentary and it is not mandatory regarding admissibility of the dying- declaration that the author ..... magistrate, who recorded the dying-declaration, could not be examined, so the court below was justified in not relying upon this written dying declaration.11. section 32 of the evidence act deals with dying declaration and admittedly it is an exception to the general rule that hearsay evidence is not accepted and best evidence must always be adduced. ..... recorded by 8th additional sessions judge, patna in sessions trial no. 959 of 1989 through which he found the appellants, fulo devi and bindu devi guilty under section 302 of the indian penal code and convicted and sentenced them to undergo rigorous imprisonment for life and further all the four appellants including fulo devi and bindu .....
Tag this Judgment!Court : Patna
..... the final decree, with respect to a partition suit.10. now the question is whether an appeal can be filed under section 96 of c.p.c. against an order confirming the report of pleader commissioner or not.according to the opposite parties, after such order confirming the report of the ..... rule 1. thereby, no appeal under order xliii rule 1 is maintainable against an order passed by a court confirming the report of the pleader commissioner.so far as section 96 is concerned, it stipulates filing of an appeal against a decree in accordance with law and the same is maintainable both against preliminary decree as well. as against ..... appears--(a) to have exercised a jurisdiction not vested in it by law, or(b) to have failed to exercise a jurisdiction so vested, or(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the high court may make such order in the case as it thinks fit:provided that the high court .....
Tag this Judgment!Court : Patna
Reported in : 1995(2)BLJR1285
..... 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, hoods, 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 ..... concerned in this case.14. the statutory basis for the terms in the agreement providing for minimum annual charge is to be found in section 22 of the act and section 48 of the supply act. section 22 deals with obligation of licensee to supply energy provided the person entitled to demand, or to continue to receive, from a licensee a ..... the government or such other person, as the case may be. it is not controverted that the petitioner is a consumer.12. in view of sub-section (1) of section 23 of the act, in order to prevent any undue preference to any person by the licensee in making any agreement for the supply of energy, this provision envisages making .....
Tag this Judgment!Court : Patna
..... 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, hoods, 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 ..... concerned in this case.14. the statutory basis for the terms in the agreement providing for minimum annual charge is to be found in section 22 of the act and section 48 of the supply act. section 22 deals with obligation of licensee to supply energy provided the person entitled to demand, or to continue to receive, from a licensee a ..... the government or such other person, as the case may be. it is not controverted that the petitioner is a consumer.12. in view of sub-section (1) of section 23 of the act, in order to prevent any undue preference to any person by the licensee in making any agreement for the supply of energy, this provision envisages making .....
Tag this Judgment!Court : Patna
..... counsel for the second respondent relied upon notification issued under 1984 ordinance, which was replaced by 1985 ordinance. 1986 ordinance was repealed by sub-section (4) of section 132 of the act, but is provided that 'notwithstanding such repeal, anything done or any action taken in exercise of the powers by or under the said ordinance ..... the tax so levied and collected, determine the amount to be deposited into the consolidated fund of the state government from time to time.15. sub-section (4) of section 90 of the original act has been amended as follows:(i) in clause (i) for the word 'four' the word 'sixteen' shall be substituted ;(ii) in clause ..... by the state legislature to provide for levy of school building cess, forest development cess and mineral area development cess and matters incidental thereto. under section 9 of the act, there is provision of levy of mineral area development cess on land held under mining lease for undertaking mining operation for major mineral @ 100 .....
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..... stating therein, in detail the situation and conduct of the villagers which compelled him to order for firing and these facts will show that the petitioner was acting bona fidely under section 129 read with section 130 of the code. in my opinion, this contention of mr. topno has also no leg to stand and, as such, must be rejected.15. in ..... rise to g.r. case no. 206/95.5. mr. topno, on the allegation of the petitioner in the f.i.r.,- submits that the petitioner had acted in good faith under section 129 of the code of criminal procedure and, as such, the f.i.r. filed against the petitioner by surajdeo yadav cannot be entertained in absence of any ..... counsel appearing on behalf of the state, has submitted that it is settled principle of law to the effect that no prosecution against any person for any act purported to be done under sections 129,130 and 131 of the code can be launched unless sanction of the appropriate government is obtained. but, he submits that the occasion for the court .....
Tag this Judgment!Court : Patna
..... kishore singh @ didi, manoj @ manoj kumar and raj kumar @ raju are concerned, these two appeals are allowed in part and their conviction and sentence so far under section 302/34 of the indian penal code is hereby set aside. these three appellants are on bail and so, they are discharged from the liability of their bail bonds.ram ..... counsel for the appellants submitted that admittedly, the state has not preferred any appeal against the sentence awarded by the court below in view of the provision of section 377 of the code of criminal procedure and even though this court has power to enhance the punishment by exercising the revisional jurisdiction but rule was not issued as ..... raj kishore singh @ didi, manoj @ manoj kumar and raj kumar @ raju were not sharing common intention. in that view of the matter, their conviction and sentence under section 302/34 of the indian penal code is definitely bad in law and as such the order of conviction and sentence of these three appellants is set aside so far .....
Tag this Judgment!Court : Patna
..... is based on the simple plea that the amount of compensation awarded by the collector was enhanced by the court without impleading the petitioner in the references under section 18 of the act and without giving it a notice or an opportunity of hearing in this matter.2. the material facts are brief and without much controversy. it was decided ..... 1006(iii) total number of reference cases already decided (i-ii)-704(iv) total number of reference cases in which the awards of the collector.nade under section 11 of the act have been confirmed-212(v) total number of awards which have been enhanced by the judgment and award of the court in reference cases-492.(vi) total number ..... 5 of the aforequoted summing up would have no application as the petitioner has no grievance against the compensation determined by the collector in the awards made under section 11 of the act. in this case the petitioner would be entitled to reliefs in terms of paras 6 to 9 of the aforequoted conclusions.11. from serial no. 2 .....
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