Court : Patna
..... -sheet and it was held that in view of the procedure for taking out the original tabulation register from the custody of the secretary of the board the section officer and the concerned assistant of the record room also appear to be involved. the petitioner was issued a second show notice cause and thereafter by the impugned ..... , in numerous cases, it has been held that domestic tribunals, like an enquiry officer, are not bound by the technical rules about evidence contained in the indian evidence act; but it has nowhere been laid down that even substantive rules, which would form part of principles of natural justice, also can be ignored by the domestic tribunals. ..... of the basic principles which cannot be ignored on the mere ground that domestic tribunals are not bound by the technical rules of procedure contained in the evidence act.xxxxxxxx 9. it is also urged by learned counsel for the petitioner that several points were raised by the petitioner in the memo of appeal including the fact .....
Tag this Judgment!Court : Patna
1. the appellants have been convicted under sections 4-b and 5 of the explosive substance act and sentenced to ri for seven years and five years respectively by the 2nd additional sessions judge, bhagalpur in s.tr. no. 190 of 1990 by a judgment dated 08. .....
Tag this Judgment!Court : Patna
..... , there was no question of granting alternative relief but the learned court below has wrongly granted alternative relief. there is neither pleading in terms of section 16(c) of the specific relief act nor evidence in support of the said fact therefore, the said suit ought to have been dismissed as not maintainable as the plaintiff had no cause ..... the learned court below has not granted the relief for specific performance of contract. however, according to the learned counsel the exact wording mentioned in section 16(c) of the specific relief act is not required to be pleaded. the intention of the parties can be seen from the entire reading of the plaint and if from the plaint ..... reflect that the plaintiff was ready and is still ready and willing then the court could not insist the pleading of exact wording as provided under section 16(c) of the specific relief act. here there is pleading and also evidence on record. so far non-framing of issue is concerned no prejudice has been caused to the .....
Tag this Judgment!Court : Patna
..... , there was no question of granting alternative relief but the learned court below has wrongly granted alternative relief. there is neither pleading in terms of section 16(c) of the specific relief act nor evidence in support of the said fact therefore, the said suit ought to have been dismissed as not maintainable as the plaintiff had no cause ..... the learned court below has not granted the relief for specific performance of contract. however, according to the learned counsel the exact wording mentioned in section 16(c) of the specific relief act is not required to be pleaded. the intention of the parties can be seen from the entire reading of the plaint and if from the plaint ..... reflect that the plaintiff was ready and is still ready and willing then the court could not insist the pleading of exact wording as provided under section 16(c) of the specific relief act. here there is pleading and also evidence on record. so far non-framing of issue is concerned no prejudice has been caused to the .....
Tag this Judgment!Court : Patna
..... board only filed the written statement. according to the written statement, the suit is barred under section 34 of the specific relief act and also under section 80 c.p.c. and also under section 52 of the land acquisition act. the plaintiff is not owner and title holder of the disputed land which is far away from ..... further submitted that while determining the compensation/damage, the learned court below should have granted the other benefits as provided under the provision of section 23 of the land acquisition act. so far this submission is concerned also, i do not agree because this suit is a regular money suit for damages. land acquisition ..... counsel further submitted that the appellant was entitled for compensation under the land acquisition act as provided under section 23 of the said act but the learned court below has not calculated the rate of the land according to section 23 of the l.a. act. the appellant was also entitled for additional compensation and solatium etc.. according to .....
Tag this Judgment!Court : Patna
..... .1 and 2 along with constables to the police station on account of having been arrested in connection with offences under section 399, 402, 307, 411/412 and sections 25, 26, 27 arms act and sections 3 and 4 of the explosive substances act. that the respondents along with acquitted dy.s.p. had left the police station to conduct raids as also to ..... were at the police station in the police lock up, they happened to have the injuries. this case to me appears a case of special knowledge under section 106 of the evidence act and in absence of any explanation from them, it has to be presumed that it were the police officers who had inflicted the injuries upon p.ws.1 ..... of the govt. of india, ministry of home affairs, department of personnel and administrative reforms, new delhi which was in the form of an order under section 5 of the delhi special police establishment act issued with consent of the govt. of bihar, home(police department), patna, sabour p.s.cases no.11 and 12 dated 27.11.80, were .....
Tag this Judgment!Court : Patna
..... made executant but the father never claimed the property as owner.15. the learned counsel for the appellants submitted that the suit is barred under section 34 of the specific relief act because the plaintiff has filed simple suit for partition. so far this submission is concerned we have seen above that the plaintiff became the ..... said that they are in possession also. here since it is found that the plaintiff is in possession there is no question of bar under section 34 of the specific relief act arises. moreover, in this case the plaintiff has prayed for injunction restraining the defendants from disturbing the possession of the plaintiff. i therefore, find ..... that the suit is not barred under section 34 of the specific relief act.16. the learned counsel next submitted that the plaintiff is estopped to deny the title of the appellants because in the sale deeds ext. .....
Tag this Judgment!Court : Patna
..... complaint case no.253c/1981, the magistrate has found that janki singh was not related with the defendants. it appears that a complaint case was filed by janki singh under section 379 and in that case, the finding was given, in my opinion, it is admissible at all in this case to find out the relation of janki singh with ..... -joinder of the parties? (iv) is the suit barred by the principle of waiver, estoppel, acquisence and resjudicate?(v) is the suit barred u/s 34 of the specific relief act? (vi) is the court fee paid sufficient?(vii) is there unity of title and possession between the parties. (viii) was jitan married or not?(ix) was rampati legally wedded ..... devi, his widow owned and possessed the interest of her husband and she became the full owner of half share of her husband after coming into force of hindu succession act, 1956. she remained in joint possession till her death in the year 1970. after her death, the property devolved on her daughter parwati devi who came and remained in .....
Tag this Judgment!Court : Patna
..... over the suit land and for permanent injunction. this relief claimed by the plaintiffs cannot be granted by the authorities under the bihar land reforms act. section 35 of the act is therefore, is not applicable in this case. the relief claimed by the plaintiffs is not related to any order passed by the authorities under ..... appellants the learned court below has wrongly found that the civil court has got no jurisdiction and the suit is barred under section 35 of the b.l.r. act. section 35 of the bihar land reforms act 1950 reads as follows: "35. bar to jurisdiction of civil courts in certain matters.- no suit shall be brought ..... to stop construction and the respondents are threatening to interfere in the plaintiffs' possession and they are contemplating to take action under public land encroachment act, therefore, the notice under section 80 was served and the instant suit was filed.6. the defendants filed contesting written statement. besides taking various legal pleas it was contended .....
Tag this Judgment!Court : Patna
..... of process of the court so as to warrant exercise of power under section 482 cr.p.c. besides, the accused has opportunity to put forth his defence at the stage of framing of charge. he ..... he having received the money did not make the film nor did he deliver the print, in my opinion, the offence punishable under sections 409 and 420 of the i.p.c. has been made out. it cannot be said to be a case of abuse ..... " nor did he hand over the print of the film "boss" as assured. thus, the accused had committed offence punishable under sections 409 and 420 ipc.3. the learned magistrate took cognizance of the offence and issued summons on the accused. feeling aggrieved the accused has ..... filed the present application under section 482 cr.p.c. for quashing of the complaint.4. mr. ray shivaji nath, learned senior counsel has appeared for the .....
Tag this Judgment!