Court : Patna
Decided on : Nov-06-2006
..... any court;(b) no election to any panchayat shall be called in question except by an election petition presented to the prescribed authority under this act.furthermore, section 139 of the act provided the grounds for declaring election to be void by the prescribed authority when the result has been materially affected by the improper acceptance of any ..... jurisdiction such panchayat samiti or zila parishad, as the case may be, is situated. 16. furthermore, so far as the provision of sub-section (2) of section 136 of the new act is concerned, it is quite apparent that only such disqualifications, which are evident on their face and cannot be legally denied and also do not ..... election of the returned candidate is not void.15. the elections in question have been conducted in accordance with the provisions of the new act, sub-sections (1) and (2) of section 139 of which as shown above provided that only the prescribed authority can decide the election of the returned candidate to be void and the .....
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 : Nov-08-2006
..... such manner and with such particulars and within such time and to such authority as may be prescribed. learned counsel further submitted that in light of section 95 of the act, there was no scope for the argument that under rule 56 the prescribed authority must be allowed some discretion to relax the period of 45 days ..... materials. in that view too, the strict adherence to the time limit fixed under rule 56 would appear inappropriate and unreasonable. he lastly submitted that section 95 of the act was bad and suffered from excessive delegation of power as it allowed the delegatee to make prescriptions on a number of issues without laying down any guidelines ..... not mandatory. further, being procedural in nature, the provision of rule 56 can not be allowed to defeat the substantive right of the dealer under section 56(2) of the act. in this regard, he also submitted that taking a contrary view and disallowing any power to the prescribed authority to condone the delay in submitting form .....
Tag this Judgment!Court : Patna
Decided on : Nov-09-2006
..... the department that because their own officer failed to discharge his statutory duty, the assessee is deprived of his right which the law has given to him under sub-section (2) of section 24. in other words, the department wants to benefit from and wants to take advantage of its own default. it is an elementary principle of law that no person ..... . export credit guarantee corporation of india and ors. since reported in : (2004)3scc553 wherein the apex court has held that even in contractual matter relating to money claim state cannot act arbitrarily and the actions are amenable to the writ jurisdiction. i must note in fairness respondents have relied on a full bench judgment of this court in the case of .....
Tag this Judgment!Court : Patna
Decided on : Nov-14-2006
..... can not be said to be a factory within the meaning of the word 'factory' as defined in clause-m of section 2 of the factories act, 1948.14. reference of mines act, 1952, clause (jj) of section 2 of mines act has also been made at the time of argument. in nutshell, it has been stated that the impugned order dated ..... petitioners.12. it is further stated that the learned court below took cognizance under sections 6 and 7 of the factories act punishable under section 92 of the factories act without applying its mind to the facts and circumstances of the case.13. it is further stated that it would be manifestly evident that ..... case no. 67/2002 without verifying any fact and prayed before the learned court below to take cognizance under sections 105, 106 and 119 of the factories act, 1948, for violation of the provisions of section 6 read with section 7 of the factories act and under rule 3, 3(a), 4, 5 and 11 of: bihar factory rules, 1950, against the .....
Tag this Judgment!Court : Patna
Decided on : Dec-04-2006
..... and relying upon the factual statements made in the counter affidavit submitted that the co-operative societies are independent institutions registered under the co-operative societies act and there is nothing in section 668 of the act by which any liability can be fastened on the state government with respect to the functioning of such societies including payment of salary to the employees ..... it is the duty of the managing director to pay the salary due to the petitioner's husband. learned counsel for the petitioner further relies, upon section 66b of the bihar co-operative societies act, 1935 stating that by the said provisions complete control and supervision of the state government has been provided over the co-operative societies and thus it is .....
Tag this Judgment!Court : Patna
Decided on : Dec-08-2006
..... to the entrepreneurs. the advocate general also referred to the bihar industrial area development authority act, 1974. section 2(f) of the act defines industrial area to mean an area for which an authority is constituted under section 3 of the act. section 3 empowers the state government to constitute an authority for any area or areas for ..... the building. it is also alleged that the action of the state government/authority in granting to respondent no. 5 lands at different places was an act of malafide and called for institution of criminal cases against the concerned people and an investigation by the central bureau of investigation.4. the writ petition, ..... development and promotion of industry. section 6 deals with the powers and duties of the authority and makes it responsible for planning, .....
Tag this Judgment!Court : Patna
Decided on : Dec-08-2006
..... judge, gaya in sessions trial no. 102/1977/25/1985 whereby appellant no. 1 was convicted under section 302 ipc and section 27 of the arms act and sentenced to rigorous imprisonment for life and five years respectively. all other appellants were convicted under section 302 read with section 149 of the ipc and sentenced to rigorous imprisonment for life. appellants, jagdeo yadav, nathun yadav ..... and brahamdeo yadav were also convicted under section 148 ipc and sentenced to r.i. for three years and .....
Tag this Judgment!Court : Patna
Decided on : Dec-08-2006
..... for the appellant challenged the judgment in question mainly on the ground on non-compliance of mandatory provisions of n.d.p.s. act including sections 42, 50 and 55.7. section 42(1) of the act provides that if the officer concerned has reason to believe from personal knowledge or information given by any person should be taken down ..... be thrown in wind.8. further submission of the learned counsel for the appellant is that the search and seizure was made in complete violation of sections 50 and 51 of the act as well as provisions of criminal procedure code. search and seizure was not done in presence of any local independent and respectable witness. one. of the two ..... it summarily on that count.in paragraph-15 of the said judgment, it has further been held as follows:thus, even if the provisions of sections 41 to 58 of the act are mandatory and were not complied with, this procedural infirmity would not by itself vitiate the conviction of the appellant. the only question that thus .....
Tag this Judgment!Court : Patna
Decided on : Dec-19-2006
..... of adopting karta putra which is prevalent in mithila area only and not outside ?(iii) whether the deed of adoption dated 2-8-1975 is violative of section 4 of hindu adoption and maintenance act, 1956 is nonest in the eye of law ?(iv) whether the judgment of lower appellate court is perverse and suffers from various legal infirmities i.e. non ..... as such, it cannot be held that the deed of adoption dated 2-8-75 (ext. a) which had only confirmed the previous adoption was violative of section 4 of the hindu adoption and maintenance act, 1956 and accordingly, the substantial question of law no. iii is decided.27. it has been argued by the learned advocate of the appellants that the ..... .25. it has been argued by the learned advocate of the appellants that the deed of adoption dated 2-8-75 (ext. a) is violative of section 4 of the hindu adoptions and maintenance act, 1956 and as such, the same is non-existent in the eye of law and on that basis it cannot be held that mostt. bindabati had adopted .....
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