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 : Jan-03-2006
..... 20. in order to appreciate the argument of the learned advocate of the appellants, i would like to refer section 10 and section 14 of the specific relief act, 1963. section 10 of the act reads as follows :-section 10-cases in which specific performance of contract enforceable.-except as otherwise provided in this chapter, the specific performance ..... obtainable in the market;(b) where the property is held by the defendant as the agent or trustee of the plaintiff.21. section 14 of the specific relief act reads as follows :-section 14-contracts not specifically enforceable.-(1) the following contracts cannot be specifically enforced, namely ;-(a) a contract for the non-performance ..... suffered by the plaintiff was ascertainable for which the plaintiff was entitled to bring suit for compensation and as such, under the provisions of section 14(1)(a) of the act the suit for specific performance of such type of contract is barred. in support of his argument, the learned advocate of the appellants .....
Tag this Judgment!Court : Patna
Decided on : Jan-03-2006
..... any higher liability by accepting a higher premium for payment of compensation to a third party the insurer would be liable to the extent limited under section 95(2) of the act and not be liable to pay the entire amount. a comprehensive policy issued on the basis of the estimated value of the vehicle does not automatically ..... p. 654, para 5 of air):thus, a careful reading of these decisions clearly shows that the liability of the insurer is limited, as indicated in section 95 of the act, but it is open to the insured to make payment of additional higher premium and get higher risk covered in respect of third party also. but in ..... . that there was no agreement between the insurance company and the owner of the vehicle to pay higher compensation than the statutory amount mentioned in section 95(2) of the motor vehicles act, 1939. in absence of any such contract between the insurer and the insured accepting unlimited liability upon payment of additional premium, no unlimited liability .....
Tag this Judgment!Court : Patna
Decided on : Jan-13-2006
..... to the humanitarian approach and if not at least scientific way of appreciating such an episode which was a mishap which could not be said to be due to unusual act of the officer working as a scientist and who has been suffering since last more than three decades since the enquiry being initiated, as early as, in 1975, and it .....
Tag this Judgment!Court : Patna
Decided on : Jan-24-2006
..... observed as follows:(21) thus, after considering the question involved in this appeal from different angles, i am of the considered view that the order under section 140 of the act can be passed against the insurer also in view of the discussions made above. if ultimately it is found at the time of final determination of the ..... owner of vehicle was directed to pay interim compensation on no fault basis after holding that the insurance company is not liable to pay interim compensation under section 140 of motor vehicles act and it is owner alone who is liable to pay the same. the l.p.a. was allowed and the order passed by the learned single ..... and 2 who are parents of bablu chauhan filed claim case no. 52 of 1997 for compensation. during the pendency of the case, they filed petition under section 140 of motor vehicles act claiming interim compensation. the prayer was allowed.3. it was contended on behalf of the appellant that the vehicle was insured by national insurance co. ltd., respondent .....
Tag this Judgment!Court : Patna
Decided on : Jan-30-2006
..... any higher liability by accepting a higher premium for payment of compensation to a third party the insurer would be liable to the extent limited under section 95(2) of the act and not be liable to pay the entire amount. a comprehensive policy issued on the basis of the estimated value of the vehicle does not automatically ..... held at paragraph 8 as follows:thus, a careful reading of these decisions clearly shows that the liability of the insurer is limited, as indicated in section 95 of the act, but it is open to the insured to make payment of additional higher premium and get higher risk covered in respect of third party also. but ..... . that there was no agreement between the insurance company and the owner of the vehicle to pay higher compensation than the statutory amount mentioned in section 95(2) of the motor vehicles act, 1939. in absence of any such contract between the insurer and the insured accepting unlimited liability upon payment of additional premium, no unlimited liability .....
Tag this Judgment!Court : Patna
Decided on : Jan-30-2006
..... to be, in any way, unjust, perverse and unreasonable and is beyond the jurisdictional sweep of the appellate power of this court under section 173 of the m.v. act. the amount awarded under the act is very much circumspect requiring any interference by this court. the appellate court will ordinarily not interfere with the impugned award unless the amount ..... , ought to have been calculated and estimated at rs. 15,000 per annum, in terms of the provisions incorporated in the second schedule, prescribed under section 163a of the m.v. act. even if this submission is accepted on its face value, then also loss of the dependency value suffered by the parents in any case would not be ..... j.n. bhatt, c.j.1. the only question, which arises for consideration in this appeal under section 173 of the motor vehicles act, 1988 (m.v. act), is against the award recorded by the motor vehicle accident claims tribunal-cum-lst additional district judge, muzaffarpur (in short 'the tribunal') in claims case no. 2 .....
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 .....
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