Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: patna Page 14 of about 1,265 results (0.062 seconds)

Karamdeo Singh @ Karndeo Singh Son of SudIn Singh and ors. Vs. Karu Si ...

Court : Patna

..... is no explanation as to why second post mortem report has not been brought on record. learned counsel next submitted that in view of provision of section 106 of the evidence act, the trial court was not justified in convicting the accused persons because the onus was upon prosecution to explain and they have failed to discharge its ..... accused persons. cognizance was taken and the case was committed to the court of sessions where the charges under sections 302/120 and 302/34 of the indian penal code were framed against ten accused persons and explained to them. they pleaded innocence and preferred to face the ..... identification of the dead body was with the assistance of sari which the informant had given to her daughter. the information to the police resulted in a case under sections 302, 201,120b/34 of the indian penal code. the case was investigated into and after completion of the same, chargesheet was submitted against all the eleven .....

Sanjib Bose Son of Late Mohan Bose and Tanik Kumar Bose Son of Late Ra ...

Court : Patna

..... of limitation, time taken during which the case was being diligently prosecuted in another court or in appeal or in revision against the offender should be excluded. the said section also provides in the explanation that in computing the time required for obtaining the consent or sanction of the government or any other authority should be excluded. similarly, ..... prescribed under the code. apart from the statutory indication of this view of ours, we find support for this view from the fact that taking of cognizance is an act of the court over which the prosecuting agency or the complainant has no control. therefore, a complaint filed within the period of limitation under the code cannot be ..... on the part of the court neither party should suffer, also supports the view that the legislature could not have intended to put a period of limitation on the act of the court of taking cognizance of an offence so as to defeat the case of the complainant. this view of ours is also in conformity with the .....

Amar Nath VermA. Vs. the Union of India and ors.

Court : Patna

..... the petitioner having been found guilty of insubordination and of using intemperate language against his superiors was punished for his acts and which fell well within the provisions of section 3 of the conduct rules, clothing the department to initiate disciplinary action against the petitioner under the disciplinary rules 1965 ..... has been defined in blacks law dictionary, sixth edition at page 999 thus:11. a transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, willful in character, improper or wrong behaviour, its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence ..... can neither be said to be issued in discharge of official duties nor its recitals demonstrates showing insubordination to the superiors or of being an act of indiscipline, harbouring on misconduct, or moral turpitude inviting any proceedings under the disciplinary rues, 1965. reference in this regard is made .....

Subhash Chandra Singh Son of Sri Bishwambhar Pd. Singh Vs. the Bihar S ...

Court : Patna

..... which were private banks, were amalgamated with punjab national bank, canara bank, and state bank of india respectively in terms of separate schemes drawn under section 45 of the banking regulation act, 1949. pursuant to the schemes, certain employees of the first mentioned three banks were excluded from employment and their services were not taken over by ..... supreme court observed as follows:their lordships made it clear that no action could, in either view, be said to be proposed within the meaning of the section until a definite conclusion had been come to on the charges and the actual punishment to follow was provisionally determined on, for before that stage the charges ..... unproved and the suggested punishments were merely hypothetical and that it was on that stage being reached that the statute gave the civil servant the opportunity for which sub-section (3) made provision. a close perusal of the judgment of the judicial committee in i.m. lall's case (b), will, however, show that the .....

Laxman Yadav Son of Late Kadru Yadav Vs. Bandani Devi Wife of Hasgouri ...

Court : Patna

..... it was none of the case of any party that any record of right had been prepared or published in the name of the defendant under the provision of section 3 of the act, hence, there can absolutely be no presumption of correctness of such entry. furthermore, in view of overwhelming evidence adduced by the parties and fully considered by both ..... v. pinnika venkateswarlu and ors. reported in : a.i.r. 1977 andhra pradesh 301, in which it had been specifically held that under the provision of section 90 of the evidence act, the period of 30 years is to be reckoned from the date on which document,. is tendered and not the date of filing it. in the said circumstances ..... which was merely an interlocutory order with respect to a different case in which the party and the property was also different.8. so far the provision of section 90 of the act is concerned, a bare perusal of the said provision shows that where any document, purporting or proved to be thirty years old, is produced from any custody .....

Sanjeet Kumar Gupta and ors. Vs. State of Bihar and anr.

Court : Patna

Reported in : 2010CriLJ1255

..... into existence in the year 2000. its amendment came into existence in the year 2006 certainly after the incident but section 20 is there to make provision for applicability of the provisions of this act in pending cases also. thereafter, the juvenile justice (care & protection of children) rules, 2007 also framed and came into existence making some ..... raushan priyadarshi is 25-12-1981.6. objection of opposite party no. 2 is in two folds - (i) that the juvenile justice (care and protection of children) act, 2000 is not applicable in pending cases and (ii) all the petitioners appeared in matriculation examination only after the incident.7. it is admitted by the parties that the ..... as admitted by the parties is conducted in the month of march but registration of examinees relates a year back. there is presumption of correctness of the official act also, if there was otherwise some thing is to be proved by the parties raising the same. so, observation of the court that the documents have been .....

Sakal Paswan @ Sakal Dusadh Son of Moti Paswan and ors. Vs. the State ...

Court : Patna

..... has held in paragraph 10 as follows:10...law is well settled that once the land has been declared surplus and the requisite notification in terms of section 15(1) of the act has been issued the lands shall vest in the state government and remains custodia legis. the respondent authorities cannot distribute the lands until all prospects of litigation ..... 23 years back with them, they ought not to be divested at this stage without providing hearing.5. the petitioners state that only after publication under section 15(1) of the ceiling act in the official gazette of district on 1.1.1985, the parcha was distributed of the surplus land on 10.2.1985 and 20.4.1985, ..... in the district gazette.3. the petitioners state that they came to know about the exparte order dated 25.7.2008 and the draft publication under section 11(1) of the ceiling act, when they received impugned notices to surrender their red cards. as such they filed a revision before the learned member, board of revenue being revision .....

Lalita Devi Wife of Sri Dwarika Nath Rai Vs. State of Bihar Thru. Vig

Court : Patna

Reported in : 2010(58)BLJR328

..... far as it concerns the petitioner.12. this court finds that an order to constitute an offence either under sections 420, 467 and 468 or for that matter under sections 5(2) read with section 5(1)(e) of the prevention of corruption act, 1947, there must be element of meeting of minds. the prosecution should also show that the petitioner was ..... allegations against the petitioner are baseless and she cannot be held to be guilty of offences under section 471 of the penal code.8. turing now to the allegations under section 5(2) read with section 5(1)(e) of the prevention of corruption act, it would be foremost important to state the obvious fact that the petitioner is not a ..... wife of dwarika nath rai and has been made accused along with her husband in a case under sections 420, 467, 468 and 471 of the penal code and section 5 read with sections 5(2), 5(1)(e) of the prevention of corruption act, 1947.3. the allegation is that dwarika nath rai, superintending engineer during his period of service, .....

Surya Nandan Prasad Son of Sri Ram Keshwar Ram, Vs. the State of Bihar ...

Court : Patna

..... notice as indicated hereinabove to establish that reference of the post of factory inspector is made in rule 3(1)(ii) of the technical rules. furthermore section 8(4) of the factories act provides that every district magistrate shall be an inspector for his district. rule 13 of the bihar factories rule 1950 lays down the powers of inspectors. ..... the case of an inspector who is a duly qualified medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his duties under the act. rule 13a provides for qualifications of an inspector, sub-rule (b) of which provides that 'he must have secured a degree or diploma or equivalent to a ..... in the present department was surely in pursuance of a call given by the state government to such doctors and in no way can be treated to be voluntary act on their part seeking transfer and/or absorption in the present department. the first contention advanced on behalf of the appellants is hereby rejected.8. we must next .....

Md. Islam Son of Late Md. Manan Vs. the State of Bihar

Court : Patna

..... that it is for the prosecution to stand on his own feet while establishing his case. this much is relevant for accepting the presumption of section 114(a) of the evidence act and escape is given for presence from where stolen article is recovered i.e. to the effect that (unless he can account for its possession ..... no adverse interest against the accused, nor any inimical relation.9. discussing all the witnesses seizure from petitioner has been found proved, thereafter presumption of section 114(a) of the evidence act comes to play some role. admittedly, if seized motor cycle is stolen one presumption goes against this petitioner but its being stolen is denied with ..... be taken for his involvement as concluded for conviction and sentence for the offence under section 414 of the penal code.7. before discussing the merit it is pertinent to mention here that presumption under section 114(a) of the evidence act has been made applicable to involve the petitioner.8. in all four witnesses are examined .....