Court : Patna
..... order. it was specifically held in that case that the order of the calcutta high court was not appealable to the supreme court and, therefore, the bar under sub-section (2) of section 105 of the code of civil procedure was not attracted. the supreme court, accordingly, set aside the order of the calcutta high court. in my opinion, the ..... on the revisional side, it is done because it is a superior court and it can interfere for the purpose of rectifying the error of the court below. section 115 of the code of civil procedure circumscribes the limits of that jurisdiction but the jurisdiction which is being exercised is a part of the general appellate jurisdiction of ..... challenged by an appeal from the final decision. in that case, an order of remand was made by the calcutta high court in exercise of its revisional power under section 115 of the code of civil procedure. it was observed by the supreme court after referring to the various decisions of the privy council that the order of remand .....
Tag this Judgment!Court : Patna
..... directed to suffer r.i. for life as also to pay a fine of rupees ten thousand each. the above named appellants were acquitted of the charge under section 27 of the arms act. no substantive sentence in lieu of fine imposed, in case of the same not being paid, appears passed by the learned trial judge against any of the appellants ..... and niraj mishra were charged along with the deceased accused krishna mishra alias krishna nandan mishra under section 302 of the ipc and section 27 of the arms act. thirteen other accused, including the ten appellants of cr. appeal no. 906 of 2006, were charged under section 302/149 of the ipc. accused chandra bhushan mishra alias malik mishra, bamdeo mishra and purushottam mishra .....
Tag this Judgment!Court : Patna
..... directed to suffer r.i. for life as also to pay a fine of rupees ten thousand each. the above named appellants were acquitted of the charge under section 27 of the arms act. no substantive sentence in lieu of fine imposed, in case of the same not being paid, appears passed by the learned trial judge against any of the appellants ..... and niraj mishra were charged along with the deceased accused krishna mishra alias krishna nandan mishra under section 302 of the ipc and section 27 of the arms act. thirteen other accused, including the ten appellants of cr. appeal no. 906 of 2006, were charged under section 302/149 of the ipc. accused chandra bhushan mishra alias malik mishra, bamdeo mishra and purushottam mishra .....
Tag this Judgment!Court : Patna
..... eviction from dwelling house ordinarily occupied by the delinquent/accused prior to final determination of guilt in course of trial for the offence. as noticed, section-18 of the act authorizes taking forceful possession of the property if the delinquent refuses or fails to comply with the order for handing over possession of the confiscated property. ..... rate prevailing during the relevant period for a loan to purchase or acquire similar property. this direction is necessary in order to save the vires of section-19 of the act. otherwise, the relevant provisions would fall foul of article-14 of the constitution of india.36. as indicated earlier the petitioners have raised a ..... an appeal from any judgment and sentence of special court to the high court of patna, both on facts and law.6. chapter-iii of the act begins with section 13 which provides for confiscation of property. this provision has been seriously assailed by the petitioners on various grounds and shall be dealt with separately. .....
Tag this Judgment!Court : Patna
..... land measuring 3 acre 54 decimal was acquired by the state of bihar for the purpose of "orni reservoir" in land acquisition case no.76 of 1981-82. notification under section 4 of the land acquisition act was published on 16.09.1983. the collector made the award on 16.10.1984 for rs.6513.60. the claimant- respondent filed application under ..... section 18 claiming enhanced rate of compensation which was referred by the collector to the special land acquisition judge.(3) according to the claimant's case, the land of the claimant .....
Tag this Judgment!Court : Patna
..... of revisional court has argued that the learned sessions judge has erroneously held that in view of the definition of dowry in section 2 of the dowry prohibition act section 4 of the dowry prohibition act would not be applicable in a case in which any property or valuable security was agreed to be given as consideration for ..... the order of cognizance, preferred a revision vide cr. revision no. 30 of 2001 assailing the order of cognizance on the ground that neither section 3 nor section 4 of the dowry prohibition act was applicable in the facts and circumstances of the case. the learned sessions judge, katihar by its order dated 10th july 2001 allowed the ..... a complaint case in the court of chief judicial magistrate, katihar vide complaint case no. 37 of 2001, alleging therein, commission of offence under sections 3 & 4 of the dowry prohibition act against opposite party nos. 2 & 3. it was disclosed in the complaint petition that the complainant for the negotiation of marriage of his daughter .....
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..... order dated 15.9.2002 and the learned chief judicial magistrate, by the same order, took cognizance of the offence under sections 307/353/34 of the indian penal code and sections 25(1-b), 26 and 27 of the arms act.3. aggrieved with the order of cognizance as well as rejection of the petition filed by the petitioner, the petitioner ..... .r. vide rajpur p.s. case no.63 of 2001 was registered on 31.7.2001 for the offence under sections 399, 402 and 307 of the indian penal code and sections 25(1-b), 26 and 27 of the arms act and case was entrusted to an assistant sub inspector of police for investigation. after conducting investigation and collecting material, police ..... proceeding against the petitioner and for proceeding against the complainant and others and learned magistrate took cognizance of the offence under sections 307/351/34 of the indian penal code and 25(1-b), 26 and 27 of the arms act against the petitioner and one another.2. short fact of the case is that on 31.7.2001, while officer .....
Tag this Judgment!Court : Patna
..... , 1986 at 5.30 a.m. and case vides jagdishpur p.s. case no. 126 dated 22.09.1986 was registered under section 302/34 of the indian penal code and investigation was taken up. after investigation charge sheet was submitted and the case was committed to ..... was framed against naresh paswan, dasrath paswan, bhudeo paswan, hardeo paswan, bidya thakur and ramchel paswan. against naresh paswan charge was under section 302 of the indian penal code separately.3. the defence of the accused persons was that the occurrence was not witnessed by any person ..... of the judgment is on the record which shows that they were convicted though granted benefit of section 4 of the provision of offenders' act. no doubt, they were convicted but their sentence was to the extent that they were released in terms of ..... section 4 of the provision of offenders' act. in the flat denial of p.ws 1 and 2 that they were not at all convicted .....
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..... rejected by the original authority and the lands standing in their names were treated to be the land of the statutory family under the meaning of section 2(ee) of the land ceiling act. the plea raised by respondent no.5 was negatived by thelearned appellate authority as also the revisional authority. however, on certain limited issue, the ..... matter was remanded by the board of revenue, in exercise of its powers under section 32 of the land ceiling act.5. respondent no.5, being aggrieved by the aforesaid orders, preferred c.w.j.c. no. 1602 of 1977 before this court and challenged the ..... the time of death of her mother , kumari puja was major aged about 18 years. however, the present petitioner did not file separate objection under section 10(3) of the land ceiling act. learned additional collector, sitamarhi, considered all objections filed by respondent no.5 and, by the impugned order dated 12.10.1993 (annexure-3), came .....
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..... calcutta, reported in air 1961 sc 372. in this case, notice was issued by the i.t.o without existence of the necessary conditions precedent which confers jurisdiction under section 34 of the act hence, notice was quashed. in this case, notice was not challenged by a stranger, but by the affected person to whom it was issued. thus, this decision does ..... case it was held that non- consideration of a binding decision of a superior court was a mistake apparent on the record which could be rectified under section 254 of the i.t.act, 1961. this decision does not appear to have any bearing on the question involved in the instant case.14. in another case of s.nagraj and ..... be investigated by the central vigilance commission.6. admittedly, the fir of this case has been registered for the offences under sections 409, 420 and 120(b) of the indian penal code and not under any of the sections of the act.7. referring to the case of union of india and others v. ashok kumar mittal, reported in (1995)2 scc .....
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