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 : Mar-28-2006
..... gazette dated 16.6.1975. the lands were acquired in connection with kukurjhap irrigation scheme, in the proceeding of land acquisition, award was given and under section 11 of act, the collector fixed compensation in the following manner:for land ..................rs.8327.06 pa.15% over that amount.......rs.1249.06 pa. -----------------total rs. ..... 9576.12 pa. -----------------accordingly, under section 12(2) of the act, notice was served upon the appellant who made appearance in the proceeding and filed objection on the ground of inadequacy of compensation and made prayer ..... for referring the matter to the civil court for final adjudication. accordingly, the collector, munger, made reference to the district judge under section 18 of the act. it further transpires that the appellant in his objection petition has claimed the value of the land @ rs. ten thousand per acre as .....
Tag this Judgment!Court : Patna
Decided on : Mar-30-2006
..... is itself flawed and it results from a basic error in understanding the true import, purpose and object of the rules.12. from the marginal heading of section 23c of the act, it is evident that power was given to the state government to make rules to prevent illegal mining, transportation and storage of minerals and the state government ..... the provisions of clause (d) of sub-rule (1) of rule 7 of the rules were bad and illegal and ultra vires section 23c of the act.1. there was nothing in section 23c of the act, under which the rules were made to empower the state government to auction the license or to charge any money for granting the license ..... 1) of rule 7 of the bihar minerals (prevention of illegal mining, transportation & storage) rules, 2003 and contend that the impugned provisions are ultra vires section 23c of the mines & minerals (development & regulation) act, 1957 under which those were framed.3. clause (a) of sub-rule (1) of rule 7 provides that the number of stone crushers in a .....
Tag this Judgment!Court : Patna
Decided on : Apr-05-2006
..... through court concerned was called for under orders of the registrar (vigilance). sri singh in his report submitted that he has granted bail in exercise of power under section 437(6) cr.p.c. as witnesses could not be examined by the prosecution within the stipulated time. the matter was placed before the hon'ble inspecting judge ..... the power exercisable by the court under the code of criminal procedure, 1973;(b) to make recommendations to the government for the testing of special powers under any special act;(iv) (a) to pass orders of transfer of district and sessions judges and additional district and sessions judges;(b) to pass orders of the transfer and posting ..... hon'ble inspecting judge, hon'ble mr. justice radha mohan prasad, who found that the matters were very serious and requires immediate action whereupon the hon'ble acting chief justice stayed the process of appointment.in the same file there was report of the district judge by fax that the lock of the almirah was tampered and .....
Tag this Judgment!Court : Patna
Decided on : Apr-13-2006
..... granted to lutawan sah was a valid order. it was in that jumbled-up situation that respondent no. 6 filed a petition before the collector, siwan under section 21 of the act on which the impuned order was passed canceling the parcha given to lutawan sah, the father of the present petitioner.10. from the impugned order it appears ..... 2) p.l.j.r. 621.13. he also submitted that a privileged tenant could be ejected only on grounds enumerated in section 8 of the act. the petitioner had done nothing in derogation of the provisions of section 8 and, thus, the impugned order was violative of its provisions.14. both the submissions made on behalf of the petitioner appear ..... set aside it would restore a situation that is not only illegal but plainly subversive of the act.15. there is also no substance in the submission based on section 8 of the act. mr. . dwivedi submitted that clause (a) of sub-section (1) of section 8 provides that the privileged tenant could only be evicted on the ground that he had .....
Tag this Judgment!Court : Patna
Decided on : Apr-18-2006
..... . 2003 (1) pljr 362.6. taking up the second point first, mr. jitendra singh, counsel appearing for the bicico submitted that though the requisition under section 5 of the act was indeed made by shri o.p. singh and it was he who issued the certificate and conducted the proceedings on the basis of the certificate up to ..... the petitioner that the assistant law officer of the bicico being an employee of the corporation could not be appointed as a certificate officer within the meaning of section 2(3) of the act. in support of the submission, learned counsel relied on a bench decision of this court in babul smokeless fuel industries (p) ltd. and ors. v ..... petition was filed initially on behalf of a company under the name & style of m/s shobha coir foam pvt. ltd. which is incorporated under the indian companies act. the company was represented by its managing director shri ajit kumar sinha. later, a supplementary affidavit was filed stating that the writ petition sought to challenge a proceeding .....
Tag this Judgment!Court : Patna
Decided on : Apr-27-2006
..... 23.3.2000 which is alleged to be the date of occurrence when admittedly he was aged about 16 years and 7 months. on this date 1986 act was in force. section 2(b) of this act defined a juvenile to be a boy under 16 years of age. as per this definition on the alleged date of occurrence the petitioner car not ..... decision has been made. it has, therefore, been prayed that the impugned order be quashed, the petitioner be treated as a juvenile and necessary procedure as contained in section 33 as also 2000 act be followed.4. on behalf of the opposite party these contentions have been challenged. it has been submitted that since on the alleged date of occurrence the petitioner ..... into force on 1.4.2001. the petitioner filed a petition before the trial court that since he is a juvenile within the meaning of 2000 act, an enquiry as envisaged in section 33 of this act be held to determine his age and to find put whether on the alleged date of occurrence he was a juvenile or not. this prayer of .....
Tag this Judgment!Court : Patna
Decided on : May-01-2006
..... the learned counsel for the appellants as hearsay and hence not admissible in law. apparently, the submission of the learned counsel appears to be correct. section 60 of the evidence act bars hearsay evidence to be taken as admissible in law for proof of any occurrence/ fact13. however, not all hearsay statement is inadmissible. there ..... p.w.6 lodged fardbeyan before the police. the police in course of investigation recorded his statement. thereafter, the statement of this witness was also recorded under section 164 cr.p.c. before the magistrate at the earliest opportunity. not only it, in course of investigation, he also gave written statement supporting the allegation which ..... victim there after giving threat to him.5. on the basis of fardbeyan lodged by the informant, the police registered case against both the accused-appellants under section 376 i.p.c. in course of investigation, the victim was medically examined by dr. usha jaiswal(p.w.8), the medical officer, sadar hospital, sitamarhi .....
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 : May-04-2006
..... shall lie against any member or officers or other employees of the board for anything done in good faith or intended to be done under this act. section 56 of the indian electricity act. 1910 provided that no suit, prosecution or other proceeding shall lie against any public officer or servant of a local authority for anything done or ..... the background of which the allegations arise. they having been declared public servants, the order of cognizance was bad in absence of sanction under the aforesaid act as also under section 197 of the code of criminal procedure.4. he relied upon a bench decision of this court in the case of baliram singh v. state of ..... .10. presently, such is the case, by virtue of section 81 read with section 82 of the electricity (supply) act, 1948 and section 56 of the indian electricity act, 1910. the embargo of sanction under section 197 of the cr.p.c. has been incorporated in section 56 of the indian electricity act, 1910 and has to be considered on the same principles .....
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