Court : Patna
..... that after the supreme court has dismissed the special leave petition, no counsel should have advised to pursue the litigation. it is cases like these which contribute to the docket explosion and arrears of the court. the court feels that the matter should be presented with an element of responsibility. as long as the matter was being argued by the petitioner ..... . this in itself should be enough arid the time has come that the patna high court also must immediately go into the exercise to accept the mandate of the advocates act, 1961 to frame rules so that the legal profession evolves the code within themselves to present cases with responsibility.12. m.j.c. no. 3907 of 2000 is accordingly dismissed .....
Tag this Judgment!Court : Patna
..... applicable to the particular facts proved, or assumed to be proved, since the generality of the expressions which may be found there is not intended to be explosion of the whole law. but governed and qualified by the particular facts of the case in which such expressions are to be found. it would, therefore, ..... case of injury, the person injured would ordinarily prefer to file a petition for compensation. one would always prefer to receive entire compensation receivable under section 166 of the said act and one would not be content with receiving only interim compensation under no fault liability. in the present case also, the opponent injured person did ..... .'9. the bihar motor vehicles rule's, 1992 also lays down separate procedure in the matter of disposal of claim application filed under section 166 of the motor vehicles act and section 140 of the said act. rule 226 of the said rules reads as under :-- '226. procedure regarding compensation arising out of accident.-- (1) an application .....
Tag this Judgment!Court : Patna
..... notification by which all the district magistrates of this state have been entrusted by the president the functions of central government under section 7 of the explosive substances act was not brought to the notice of the division bench. the finding of the division bench of this court in the case of shobrati ..... the case of shobrati mian v. state of bihar (1998) 1 east cri c 328 quashed the conviction of one of the appellants under section 3 of the explosive substances act on the ground that the district magistrate, who had given consent for prosecution was not competent to grant sanction. it appears that the aforesaid ..... in the said states the functions of the central government under section 7 of the explosive substances act, 1908. in this case the consent for prosecution of appellants for offences under sections 3 and 4 of the explosive substances act, 1908 as required by section 7 of the act has been given by district magistrate, bhagalpur which has been proved .....
Tag this Judgment!Court : Patna
..... and tried by the court below for the offence under section 307 of the ipc. and section 3 of the explosive substances act but the court below acquitted the accused-appellant under section 3 of the explosive substances act on the ground that there was no sanction order for the prosecution under this act against the accused.2. the brief facts of the ..... ) on dissection fracture of lower third of humorous found.in the opinion of the doctor, the injuries found on the person of julekha khatoon were caused by explosive substance and grievous in nature. her injuries were x-rayed and the x-ray report shows that there was fracture of lower third humorous and foreign body.5 ..... the scruitiny of the evidence on record and after considering the evidence discussed above, it is clear that the prosecution has been able to substantiate the charge under section 307 of the i.p.c. against the accused beyond all reasonable doubt. their evidence as stated above find corroboration from the evidence of the doctor and .....
Tag this Judgment!Court : Patna
..... (p.w. 5) is also witness on the point of sanction of prosecution granted by the district magistrate for prosecution under section 3 of explosive substances act, upendra singh (p.w. 10) is a formal witness who has proved the requisition (ext. 7) sent by the police to district magistrate, aurangabad with a ..... had held t.i. parade of suspects. ajay kumar mishra (p.w. 4) has proved sanction of prosecution granted by the district magistrate, aurangabad, for prosecution under section 3 of explosive substances act. ram niwas chaubey (p.w. 8) is the i.o. of the case. ragho narayan singh (p.w. 4) is a hearsay witness. kamta prasad singh ..... prayer for grant of sanction for prosecution under sections 3 and 5 of the explosive substances act. it appears that the trial court examined pradip kumar verma (p.w. 1), dr. k.k. singh (p.w. 2) and the informant kuldip .....
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..... injury report of jogendra singh prepared by him to parsa hospital, ext. 12 he also obtained sanction for prosecution of the accused-persons for offence under sections 3 & 5 of explosive substances act. after completion of investigation submitted charge-sheet against the accused-persons. on receipt of charge-sheet, case was committed to the court of session for trial ..... the dead body for post-mortem examination. p.w. 6 is also formal witness who proved sanction order for prosecution of the accused for the offence under section 3 & 5 of explosive substances act. p.w. 7 has proved his signature on certain documents. p.w. 13 identified the dead body. p.w. 8 is police officer who ..... at 10.30 p.m. and supervised the case. he obtained post-mortem report and also sanction order for prosecution of the accused under sections 3 and 5 of the explosive substances act. he stated that he found injuries on the person of the informant and sent him for examination to the hospital. nothing could be elicited .....
Tag this Judgment!Court : Patna
..... miscreants. the informant and barun kushwaha (pw 3) sustained bomb splinter injuries on their hand and neck respectively. due to sustaining the wound and sound of powerful bomb explosion, the informant lost his senses and fell down when he regained his senses, he found that akla kamar was also seriously wounded. the informant out of fear, left ..... concealed by the appellant had been recovered from the house of pw 17 held the appellant guilty of the charge under section 302 read with section 34 of the indian penal code, and section 307 read with section 34 and sections 394 and 411 of the indian penal code and convicted and sentenced him thereunder as stated above.learned counsel for the ..... of pw 13 that the appellant was present on the spot at the time of the occurrence. it is true that pw 13 has not attributed any overt act to the appellant, but the fact remains that he has identified the appellant amongst the miscreants who had committed the crime. there is no material on the record .....
Tag this Judgment!Court : Patna
..... distributed among themselves.25. in the back drop of these facts, one has to consider the law regarding the registration of a document as required under section 17 of the registration act, which reads as follows:17. documents of which registration is compulsory.--(1) the following documents shall be registered, if the property to which they relate ..... between the parties, has a tradition in india. it has a social purpose to fulfil today. it has a great urgency today when there has been an explosion of litigations in the courts of law established by the sovereign power. new rights created, or awareness of these rights, the erosion of faith in the intrinsic ..... the award, will create and extinguish some right, title and interest over the property in question and that document is required to be registered as required under section 17 of the registration act.31. the facts of the case in ratan lal sharma (supra) relied by mr. prasad, is quite distinguishable. considering the facts of the case, .....
Tag this Judgment!Court : Patna
..... who had not been abide by the mandal of the detenu. on investigation, charge-sheet was submitted against the detenu and others under section 307/120b of the indian penal code real with section 3/4 of the explosive substance act.(iii) in giddi p.s. case no. 22 of 1996, charge-sheet was sub-mittee against the detenu and several others ..... under sections 147, 148, 149, 34, 427, 337, 324, 307 and 120b of the indian penal code read with section 3 and 4 of the explosive substance act. the complaint was filed by m. idrish, the driver of a dumber of rungta project limited. it ..... been made for direction for quashing the order of detention passed by the district magistrate i.e. respondent no. 2 dated 18.12.1996 under section 12(2) of the bihar control of crimes act, 1981, as contained in annexure 1 and the subsequent orders of approval of detention dated 28.12.1996 and confirmation of the state government dated .....
Tag this Judgment!Court : Patna
..... november 14/17, 1983, the central government in the ministry of labour, in exercise of powers conferred by clause (d) of sub-section (1) of section 10 of the industrial disputes act, 1947, referred the following dispute to the industrial tribunal for an adjudication.'whether the action of the management of bhurangiya project of bharat coking ..... 's further case was that all implements for execution of job, such as caplamps, torches, shoes, belts, explosives, hammers, stone-pits are supplied by the colliery management. according to the workmen, as per the mines act and the rules & regulations, all underground workmen are legally bound to work under the direct control and supervision of ..... by mr. roy, ordered that the workmen's identification shall be done by the secretary of the central committee of the union. the application under section 17b of the act was finally heard on august 5, 1991 and it was ordered that the management shall pay the workmen their wages @ last drawn by them including .....
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