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 : 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 : Jan-03-2003
..... /149 of the penal code and sentenced to rigorous imprisonment for life. they have also been convicted under section 307/149, 380 & 148 of the penal code and section 27 of the arms act and sentenced to rigorous imprisonment for ten years, three years, three years and three years respectively thereunder. the sentence have been ordered to run ..... concurrently. the sentence of death awarded to ram prit rai has been sent for confirmation under section 306 cr. p.c. and ..... he has been convicted for committing murder of 'others' as well. there thus appears to be discrepancy in the charge and the evidence and his conviction under section 302 of the penal code simpliciter would not be justified. i find substance in this contention. in my opinion in the facts and circumstances of case, though .....
Tag this Judgment!Court : Patna
Decided on : Jan-07-2003
..... of the penal code has been held to be not made out. if the death were within seven years the case would have fallen within the mischief of section 304b. any act of cruelty committed in sasural by the husband and in-laws often drives a married woman to desperation forcing her to take the extreme step of committing suicide. in terms ..... kaur v. state of punjab, air 1952 sc 354, none of the in-laws can be held guilty for the reason that the offence under section 201 of the code can be made out only if the act is committed with knowledge of the commission of any offence. he pointed out that committing suicide is not an offence and, therefore, if the ..... be convicted of the offence which he is shown to have committed, although he was not charged with it. the illustrations appended to the section may usefully be noticed as under :'(a) a is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. he may be charged with theft, receiving stolen .....
Tag this Judgment!Court : Patna
Decided on : Jan-07-2003
..... be mentioned that the term secretariat and attadhed offices has been defined in rule 2 (ii) of the joint cadre rules 1992 framed under section 10 of the joint cadre act to mean the departments under the state government and the offices attached to the departments as specified in schedule i of the rules. the government ..... to provide uniform channel of promotion to the assistants of various secretariat departments and attached offices, determine their seniority in the manner prescribed in section 5 of the joint cadre act read with the rules. per se it has nothing to do with the pay scales. the significance of the issue as to whether a ..... for consideration.13. the assistants of the secretariat and attached offices joint cadre act, 1989 (bihar act 9/89) (in short, the joint cadre act') was enacted for creating a joint cadre and a combined gradation list for the assistants/selection grade assistants, section officers, registrars and under secretaries of the secretariat and its attached offices for .....
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 : Jan-20-2003
..... that it is a wakf property person no less than the landholder i.e. bibi zainab had said so in the return submitted by her pursuant to notice under section 6. of the act. in this view of the matter the dclr held that the property was not of bibi zainab, it belonged to wakf. as a matter of fact, it was ..... inquiry in the light of the observations made therein. the case of the petitioner is that on remand the dclr barh recommended exemption of land in terms of section 29 (2) of the act. the collector, patna forwarded the recommendation to the state government. on 10-1-1986 the revenue department returned the proposal on the ground that there was no recommendation ..... being ceiling case no. 46 of 1975-76 was initiated before the deputy collector land reforms (dclr) barh, in which on 29-5-1976 vide draft statement under section 10 (2) of the act, 29.18 acres (elsewhere mentioned as 29.37 acres) of class iv land was declared surplus allowing one unit i.e. equivalent to 30 acres of class iv .....
Tag this Judgment!Court : Patna
Decided on : Jan-28-2003
..... 760 only (in complaint case no. 88(c) of 2002 to the best of the judgment of opposite party no. 2 as per the provisions of section 144 of the act).4. the petitioner has contended that against this order of assessment he has preferred an appeal before the commissioner of income-tax (appeals)-ii, patna, ..... prayed that this criminal prosecution in the aforesaid cases and the entire proceeding against him including the order taking cognizance of the offence under the provisions of section 276c of the act be quashed. along with this for the present, he has prayed that the aforesaid criminal proceedings against him be stayed. in this order i will ..... are not being disposed of.2. five different complaint cases have been lodged against the present petitioner for having committed the offence under section 276c of the income-tax act, 1961 (in short 'the act'). in all these criminal cases the learned special judge, economic offences, patna, had passed an order taking cognizance of the offence under .....
Tag this Judgment!Court : Patna
Decided on : Jan-28-2003
..... 00 only (in complaint case no. 88 (c) of 2002 to the best of the judgment of opposite party no. 2 as per the provisions of section 144 of the act.4. the petitioner has contended that against this order of assessment he has preferred an appeal before the commissioner of income tax (appeals) ii, patna contending ..... that this criminal prosecution in the aforesaid cases and the entire proceeding . against him including the order taking cognizance of the offence under the provisions of section 276c of the act be quashed. along with this for the present, he has prayed that the aforesaid criminal proceedings against him be stayed. in this order i will take ..... are not being disposed of.2. five different complaint case have been lodged against the present petitioner for having committed the offence under section 276c of the income tax act, 1961 (in short 'the act'). in all these criminal case the learned special judge, economic offences, patna had passed an order taking cognizance of the offence under .....
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