Court : Patna
Decided on : May-10-2006
..... given an opportunity in the interview. thus, the selection of the employees was made by the university which was sent for the approval as required under section 35(2) of the bihar universities act, 1976. however, no approval came to be received from the state government as a result of which on being moved this court in m.j.c ..... is made as to what is the qualifying service of pension. part ii pertains to statutes. chapter i deals with the general conditions of service. clause 14 in section ii which deals with pension is very material and vital which reads as hereunder:(i) qualifying service' means service rendered as a member of the staff of the university ..... period for the purpose of earning pension and more so in view of clear definition of expression 'qualifying service' in clause 14 in section ii of the statutes part. ii under the bihar state universities act, 1976 and more so when there is no any even remotest allegation of payment having been made to such persons or employees as .....
Tag this Judgment!Court : Patna
Decided on : May-11-2006
..... there is some discordant note in a matrimonial relationship, the women as an alleged victim sets in motion the machinery of law by invoking section 498a i.p.c. or section 4 of the dowry prohibition act, 1961, the courts should, therefore, be circumspect are careful, while considering the question of grant or refusal of bail, to find out ..... a private complaint, the accused are denied bail. just because the police report of the private complaint carries with it the label of section 498a i.p.c. or section 4 of the dowry prohibition act, 1961, does not mean that the bail should be denied to the accused. in relation to the aforesaid offences only if a court ..... is another category of offence where normally bail should be granted and refusal should be an exception. i aw talking of offences under section 498a i.p.c. and section 4 of the dowry prohibition act, 1961. my experience has shown me that invariably in almost all cases relating to the alleged commission of the aforesaid offences, whether .....
Tag this Judgment!Court : Patna
Decided on : May-12-2006
..... entertain the objection raised by the petitioner.6. the petitioner still has a statutory remedy under section 9 of the bihar public demands recovery act and he may raise all his objections before the certificate officer in his reply to the notice issued under section 7 of the act. it is needless to say that the certificate officer shall consider all the objections raised .....
Tag this Judgment!Court : Patna
Decided on : May-19-2006
..... due to any legal snag or otherwise, the other prosecuted persons cannot, on that score alone, escape from thepenal liability created through the legal fiction envisaged in section 141 of the act.' the view laid down in this case was reiterated by the supreme court in the case of r. rajgopal v. s.s. venkat : 2001crilj4936 .15. ..... there cannot be any doubt also that the chief executive officer of patna municipal corporation, which is a local authority, is a public servant.17. section 50 of patna municipal corporation act also shows that the chief executive officer of the corporation is appointed and removed by the state government.18. so, it is evident that the petitioner ..... municipal corporation though is a corporate body is not a company and therefore, it was not necessary to implead the corporation for the offences under section 138 of the n.i. act. he further submitted that the petitioner is not a public servant and that sanction for prosecution is also not necessary at the time of taking .....
Tag this Judgment!Court : Patna
Decided on : Jun-23-2006
..... the collector is simple and straight-forward. it is pointed out that the state govt. in exercise of its powers under section 9 of the indian stamp act, 1899 and section 78 of the indian registration act, 1908 issued exemption notifications bearing nos. 698 and 699, dated 17.6.1995. under these two notifications exemptions were granted ..... state bank of india came later on 15.12.1998 being notification no. 1714 (under section 9 of the indian stamp act) and 1713 (under section 78 of the india registration act).7. it is contended on behalf of the collector that documents for taking agriculture loans from regional rural banks or ..... rural bank and the state bank of india are established under the regional rural banks act and the state bank of india act respectively. nationalised banks are only those erstwhile private banks that were taken over by the bank nationalisation act. the notifications extending the exemption to loans granted by the regional rural banks and the .....
Tag this Judgment!Court : Patna
Decided on : Jul-10-2006
..... a conclusion. high court's power of enhancement of sentence, in an appropriate case, by exercising suo motu power of revision is still extant under section 397 read with section 401 criminal procedure code, 1973, inasmuch as the high court can 'by itself' call for the record of proceedings of any inferior criminal court under its jurisdiction ..... court, while exercising its power of revision, can enhance the sentence awarded by the trial court. this necessitate examination of the scheme of the code. section 397 of the code confers power to the high court to call for and examine the record of any proceeding before any inferior criminal court situate within ..... court must consider, and some times reject, many factors. the court must 'recognise, learn to control and exclude' many diverse data. it is a balancing act and tortuous process to ensure reasoned sentence. in consecutive sentences, in particular, the court cannot afford to be blind to imprisonment which the accused is already undergoing. .....
Tag this Judgment!Court : Patna
Decided on : Jul-24-2006
..... plaintiffs proportionately.7. it is also submitted on behalf of the opposite parties that so far as joint family coparcenery interest is concerned, in view of section 31 of indian succession act, the same can be disposed of by a testamentary disposition only. the answer is short. if without severence of status of jointness, a person dies ..... his share would extinguish whereas the share of other coparceners would increase. he has no right to make a testementary disposition of undivided share. section 31 of the indian succession act makes an exception which is a statutory exception to the general law but has no application to the present case for the simple reason that the ..... to 1/5th share each. this has brought the plaintiffs to this court against the said order. the plaintiffs-petitioners have submitted that the learned trial court acted without jurisdiction in declaring the gift deeds void and the judgment of the apex court had no application to the facts of the present case. upon notice, .....
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 : Aug-04-2006
..... opposite party that title mortgage suit no. 119 of 1978 was originally instituted by the bank in the civil court which, by virtue of provision of section 31 of the said act, was transferred to the debt recovery tribunal. be fore the debt recovery tribunal, the plaintiff opposite party appeared and contested. ultimately, certificate was issued on ..... against the opposite party for realisation of its money with interest pendente lite and future till realisation. while the suit was pending, in 1998, by virtue of section 31 of the act, the suit was transferred to the debt recovery tribunal, bihar at patna and registered as p. t. case no. 241 of 1998. before the debt recovery ..... 6.2005 for deciding the issue of maintainability of suit as a preliminary issue as, in their submission, the suit was barred in terms of sections 17 and 18 of the said act. this application has been rejected by the impugned order dated 31.8.2005 bringing the defendant-petitioner to this court.8. in order to appreciate .....
Tag this Judgment!Court : Patna
Decided on : Aug-19-2006
..... that case this court observed thus (scc pp. 86-87, para 9) : (para 9 of cri lj):the expression 'soon before' is very relevant where section 113b of the evidence act and section 304b, i. p.c. are pressed into service. the prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that ..... on behalf of the state, however, submits that the deceased died of burn injuries within seven years of marriage and in view of presumption as provided under section 113b of the evidence act, there is no escape 'from the conclusion that the appellant is guilty of the offence. he also points out that the conduct of the appellant in not ..... proximity test. no definite period has been indicated and the expression 'soon before' is not defined. a reference to the expression 'soon before' used in section 114, illustration (a) of the evidence act is relevant. it lays down that a court may presume that a man who is in the possession of goods 'soon after the theft is either .....
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