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 : Sep-13-2006
..... basis of the statement of one syed basumul haque, officer incharge, begusarai police station under sections 207, 223, 136, 324, 353, 216a of the indian penal code and sections 25(1-b)a, 26, 27, and 35 of the arms act read with sections 3, 4, and 5 of the explosives act. the petitioner along with other co-accused, namely, shankar singh, mukesh singh, binod ..... (iv) it is in the expediency of the larger interest of justice, the high court may pass an order as incorprated under clauses (i) to (iv) of sub-section (1) of section 407 cr.p.c., as quoted above.6. from a plain perusal of all the three applications, none of the aforesaid grounds are attracted. in other words, the court ..... court of fast track court no. iv, begusarai, arising out of barauni p.s.case no. 406 of 1992 under sections 353, 307/34 of the indian penal code and sections 25(1-b)a, 26, 27 and 35 of the arms act. as the synopsis of this case, provides by the state, discloses, one uma shankar singh, assistant inspector of police, .....
Tag this Judgment!Court : Patna
Decided on : Mar-09-2006
..... basis of a report given to the police, patna g.r.p.s. case no. 254 of 1990 under section 302/34 of the indian penal code, section 27 of the arms act and section 3/4 of the explosive substance act was registered against three unknown persons. police, after investigation, submitted charge sheet against three accused persons, namely, binod yadav ..... of 1997, so far as petitioner is concerned, supplementary charge sheet dated 17.7.1997 was submitted against him under sections 304/302/34, 120b of the indian penal code, section 3/5 of the explosive substance act. after submission of the charge sheet against the petitioner, the learned magistrate had taken cognizance of the offence and the ..... pending for commitment.6. mr. kumar, then contends that the petitioner can be summoned to face trial by the sessions judge in exercise of power under section 193 of the code of criminal procedure, this issue is academic. here on the basis of supplementary charge sheet cognizance has been taken and the matter is .....
Tag this Judgment!Court : Patna
Decided on : Dec-22-2006
..... or rejecting the same could have been done only by the board as is also the requirement of law as per the provisions of the bihar state madarsa education board act, hence, there was no justification for the chairman of the board to pass such an order (annexure-4) himself either withdrawing temporary approval or appointing respondent no. 5 for six .....
Tag this Judgment!Court : Patna
Decided on : Dec-21-2006
..... district judge - cum - motor vehicle accident claims tribunal, katihar whereby he has been pleased to dismiss the claim application of the appellants filed under section 166 of the motor vehicles act on the ground that the deceased was an unauthorised passenger and was trying to take lift in the offending tractor when the tractor met accident.2. ..... judgment of the tribunal it appears that the tribunal refused to grant any relief to the applicants and dismissed the application filed by them under section 166 of the motor vehicle act on the ground that the deceased was an unauthorised pass and was trying to take lift in the offending tractor when the said tractor ..... deceased's family was of labourer and therefore, in my view, figure '11' will be the best suitable multiplier in this case as per schedule appended with motor vehicle act. thus, figure '11' is taken as best suitable multiplier in this case. now the compensation will be calculated in the following manner: monthly loss - 900 annual .....
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 .....
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-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 .....
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