Court : Patna
Decided on : Nov-06-2006
..... any court;(b) no election to any panchayat shall be called in question except by an election petition presented to the prescribed authority under this act.furthermore, section 139 of the act provided the grounds for declaring election to be void by the prescribed authority when the result has been materially affected by the improper acceptance of any ..... jurisdiction such panchayat samiti or zila parishad, as the case may be, is situated. 16. furthermore, so far as the provision of sub-section (2) of section 136 of the new act is concerned, it is quite apparent that only such disqualifications, which are evident on their face and cannot be legally denied and also do not ..... election of the returned candidate is not void.15. the elections in question have been conducted in accordance with the provisions of the new act, sub-sections (1) and (2) of section 139 of which as shown above provided that only the prescribed authority can decide the election of the returned candidate to be void and the .....
Tag this Judgment!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 : Nov-02-2006
..... , an employee of the punjab national bank posted at p.n.b. main bazar branch, katihar, and who is an accused in complaint case no. 499 of 2005 instituted under sections 406 and 420 of the indian penal code.2. at the very outset, i would like to say that the case appears to be a simple case of misappropriation of ..... of punjab national bank karamchari bachat evam sakh swablambi sahkari samittee limited, katihar (hereinafter referred to as 'the society'). the society was registered under the bihar & orissa co-operative societies act. the petitioner, who is accused no. 2, was appointed as treasurer of the said society whereas accused no. 1 bijay kumar jaiswal was appointed as secretary of the society. other .....
Tag this Judgment!Court : Patna
Decided on : Oct-30-2006
..... in favour of the plaintiff-appellant but according to the finding of the first appellate court, the said sale deed was of without consideration.11. according to section 54 of the transfer of property act, 1882, 'sale' has been defined in the following manner:'sale' is a transfer of ownership in exchange for a price paid or promised or part-paid and ..... as such, the plaintiff did not acquire title to the suit land and the plaintiff never came in possession of the suit land. further case is that when the fraudulent act of the plaintiff came to the knowledge of sugiya devi she gave advocate's notice to the plaintiff-appellant and thereafter she cancelled the sale deed through a registered deed .....
Tag this Judgment!Court : Patna
Decided on : Oct-17-2006
..... p.p. except for citing judgment in the case of pandurang (supra) where an observation has been made that the inquest report may be admissible under section 145 of the evidence act, has not seriously doubted the proposition that an expert opinion and objective finding of an expert carries more weight than the opinion and findings of a ..... the supreme court in the case of pandurang v. state of hyderabad : 1955crilj572 , from where he pointed out that the inquest report was admissible under section 45 of the evidence act.14. examining the rival contentions of the parties on the point of discrepancy between the medical evidence and the ocular evidence, i find substance in the submission ..... and the post-mortem report, the post-mortem report has to be given due weight and has to be accepted being evidence of an expert in terms of section 45 of the evidence act. he referred to two judgments of the supreme court, namely, the case of maula bux and ors. v. state of rajasthan : (1983)1scc379 and surjan .....
Tag this Judgment!Court : Patna
Decided on : Oct-12-2006
..... petitioner (landlord) to construct concrete roof in place of corrugated sheet roofing in the garb of asking them to carry out repairs under sub-section (4) of section 10 of the act (section 9(2) of the amended act). the hon'ble judges further held that the order of the house controller asking the landlord to make repair in the tenanted house was ..... to make exorbitant expenditure on repair of the tenanted house under his occupation and claim adjustment of the cost from future rent.18. sub-sections (3) and (4) of section 9 of the b.b.c.act show that if the landlord neglects to carry out repair then the proper course for the tenant is to file an application before the ..... is decided in favour of the appellant.substantial question of law no. ii16. it has been argued by the learned advocate of the appellant that under section 9(2) of the b.c.c.act, if the landlord refuses or neglects to do necessary repair works in the tenanted premises then in that case the tenant with the permission of the .....
Tag this Judgment!Court : Patna
Decided on : Sep-27-2006
..... to undergo s.i. for two months and further to undergo r.i. for three years with fine of rs. 500/- under section 27 of the arms act. all the sentences have been directed to run concurrently.2. this is a case of double murder. the informant is father of ..... serious laps on the part of the prosecution which creates serious doubt on the explanation of delay offered by p.w.11.24. section 174 cr.p.c. mandates that the police immediately after receipt of the information about the occurrence has to proceed to the p. ..... 304 of 2005. both the appellants have been convicted under sections 302/34 and sections 307/34 i.p.c. as well as under section 27 of the arms act and have been sentenced to undergo r.i. for life under sections 302/34 i.p.c. and to pay fine of ..... rs. 3,000/- each and in default to undergo simple imprisonment for six months, undergo r.i. for seven years under sections .....
Tag this Judgment!Court : Patna
Decided on : Sep-22-2006
..... the work was done for the government and for the benefit of public, the petitioner is entitled to payment.6. in this connection, i may also refer to section 73 of the contract act, relevant portion whereof is quoted hereunder:compensation for failure to discharge obligation resembling those created by contract. - when an obligation resembling those created by contract has been incurred ..... the department that because their own officer failed to discharge his statutory duty, the assessee is deprived of his right which the law has given to him under sub-section (2) of section 24. in other words, department wants to benefit from and wants to take advantage of its own default; it ts ah elementary principle of law that no person we .....
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 : Aug-24-2006
..... the application is true to the best of his knowledge and belief and that he has made no other application claiming compensation under this act. 18. thus, from the plain reading of section 3b of the act, it appears that ext. 3 is the application showing intermediary interest in the land mentioned in the application and not showing tenancy right ..... relied upon ext. 3 and ext. 4 to 4/b. ext. 3 is the application filed by the plaintiff, deodhari singh under the provision of section 3b of the bihar land reforms act, 1950 which was submitted by the plaintiff at the time of vesting of zamindari. the learned advocate of the appellant has argued that this ext.c is ..... is not maintainable. the plaintiff has got no cause of action for the suit. the suit is barred by law of limitation and under section 4(c) of the bihar consolidation of holdings & prevention of fragmentation act, 1956. further case is that mahabir singh, the father of the plaintiff was not the ex-landlord of mauza deohalia and plot no. .....
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