Court : Patna
..... a separate premium of rs. 8.50 per passenger was paid, which was clearly referable to the statutory liability of rs. 10,000 per passenger under section 95 (2) (b) (ii) of the motor vehicles act, 1939 at the relevant time. in the present case, there was no special contract between the owner of the jeep and the insurance company to cover ..... policy only at the rate of rs. 8.50 per passenger was paid to the insurance company. at the relevant time according to the provisions of section 95 (2) (b) (ii) of the motor vehicles act, 1939 the said policy was to cover any liability incurred in any one accident in respect of passengers up to the limit of rs. 10,000 ..... premium at the rate of rs. 8.50 per passenger only was paid, the insurance policy covered only the statutory liability in terms of the then section 95 (2) (b) (ii) of the motor vehicles act, 1939 and the liability of the insurance company, which was limited to the extent of rs. 10,000 only was not affected at all. the tribunal .....
Tag this Judgment!Court : Patna
..... that constituency and before the completion of that election. the court trying the election petition could go into the question whether there was violation of sub-section (3) of section 23 of the 1950 act or not. 51. in the case of kunwar nripendra bahadur singh (supra) supreme court considered the claim of the election petitioner-respondent, the defeated ..... hegde j. held that there being no power in the registering officer to include any elector or delete any elector in violation of sub-section (3) of section 23 of the 1950 act as the sub-section gave mandate to the electoral registration officer not to amend, transpose, delete any elector from the electoral roll of the constituency after the ..... power we have earlier come to the conclusion that the electoral registration officer had no power to include new names in the electoral roll on april 27, 1968. therefore, votes of the electors whose names were included in the roll on that date must be held to be void votes.? there is a blanket ban .....
Tag this Judgment!Court : Patna
..... supreme court in faddis case (supra), it was contended by the appellant that the first information report ought not to have been admitted, because of section 25 of the evidence act and section 162 of the code of criminal procedure. this contention was turned down on the ground that neither of the two provisions barred admissibility of the first ..... is inadmissible in law. 26. the question, which, now, arises for determination, is whether a confession made before a custom officer is inadmissible being barred by section 25 of the evidence act? yet another question is whether confession of an accused is no evidence unless there is other evidence on record proving the case of the prosecution and ..... relying upon it. in this view, counsels second contention also fails and has to be rejected.? 83. `nishi kant jha v. state of bihar (manu/sc/0060/1968 : air 1969 sc 422) is a constitution bench decision on the controversy as to whether a court can admit a part of a statement, made by an accused, .....
Tag this Judgment!Court : Patna
..... .dear sir,kindly refer, to the discussion and decision taken in the meeting held on 17-11-1993 at calcutta in regard to various problems faced by ssf units financed by bicico in bihar.one of the matter is related to source of coal linkage. it was decided that the linkage of ssf plants will be reviewed by cil ..... their promise made and approved by the respondent no. 1 by its resolution.2. petitioner's case is that it is a pvt. limited company registered under the indian companies act, 1956. respondent no. 1, namely, coal india limited came out with an advertisement in the newspaper some times in the year, 1986 for establishment of smokeless fuel plant ..... and lack of rationality, the same could be challenged on the ground of failure of the authority concerned to act fairly or with fairness. it is, therefore, a fit case where the authority of the respondent-c.i.l, should act fairly and with a fairness having regard to the policy of the government to accelerate and encourage the industrial units .....
Tag this Judgment!Court : Patna
..... facts which led to the two unnatural deaths and also reasons for the same. he having failed to discharge such burden enjoined upon him by virtue of section 106 of the evidence act, has to suffer the consequences of adverse inference against him. but special knowledge in respect of a woman married for more than 7 years cannot the ..... has proved ex. b, a receipt in respect of a claim that since 1992 accused uma shankar gupta had opened an account of deposit in a private finance company namely parrot finance investment company ltd. and manju kumari gupta was a nominee. he has claimed that he is neighbour and the two deceased died due to illness. dw 3 ..... . after completing investigation police submitted charge-sheet against the accused persons. after cognizance and commitment to the court of session charges were framed against the accused persons under sections 302/34, 498a/34, 304b and 201/34 of the ipc against all the accused persons. they pleaded not guilty and were put on trial leading to their .....
Tag this Judgment!Court : Patna
..... justice will meet if the sentence of appellants is reduced to the period already undergone by them in custody. accordingly, upholding the conviction of appellant under section 395, indian penal code, we reduce their sentence from imprisonment for life to the sentence already undergone in custody. with this modification this appeal is dismissed ..... informant or her daughter before they were put on test identification parade, at least appellant jagdish dom must have stated this fact in his examination under section 313, code of criminal procedure because when a specific question was put to him that he was identified in test identification parade; he simply replied ..... articles were identified by informant. the police, after investigation, submitted charge-sheet against both the appellants as well as against manik dom and naresh dom under section 395, indian penal code.3. the case of appellants, as it appears from the trend of cross-examination of prosecution witnesses, is that they are innocent .....
Tag this Judgment!Court : Patna
..... in the house of somari mahto (pw 5) on the morning of next day of occurrence which the appellant himself in his examination under section 313 of cr.p.c. has admitted that he was apprehended in the house of somari mahto where he was hiding below the staircase ..... fardbeyan of informant to the mirganj p.s. where a formal f.i.r. (ext. 3) was drawn up against the appellant under section 302 of ipc and he prepared inquest report (ext. 5) for the dead body of the deceased and sent the dead body for post ..... the sessions judge, gopalganj in sessions trial no. 44 of 1988 convicting and sentencing the appellant to undergo r.i. for life under section 302 of ipc.2. briefly stated the prosecution case is that on the night of 27-5-87 jagernath nonia, son of informant ..... was found guilty by the court below and, accordingly, was convicted and sentenced to undergo imprisonment for life under section 302 of ipc.4. the case of appellant as it appears from the trend of cross-examination of prosecution witnesses .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... /s. malti electric works. the said small scale industry had become sick unit and with a view to revive the same, bihar state financial corporation agreed to finance purchase of 25 kvaac. diesel generating set of kirloskar make. accordingly the complainant entered into an agreement with opposite party no. 1 for purchasing 25 kvaac diesel ..... . the complainant paid rs. 62,000/- in instalments by way of advance and the balance amount was to be paid through bihar state financial corporation, the financer, which was paid on 25.1.1993. though the generating set was to be supplied within 215 days from 25.1.1993 the complainant requested for supply ..... the manufacturer neither supplied the machine nor refunded the advance and under the circumstances it was held that the purchaser was entitled to invoke protection under the consumer protection act. in the instant case before this commission the supplier (o.p. no. 1) supplied the generator allegedly after some delay. so the said case is distinguishable .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... against a medical man being serious, it requires the proof in support of the charge must be correspondingly greater. lord denning in his judgment of hucks v. cole, (1968) 118, new law journal page 469, held as follows : a charge of professional negligence against a medical man was serious. it stood on a different footing to a ..... because someone else of better skill and knowledge would have prescribed a different treatment or operated in different way, nor is he guilty of negligence if he has acted in accordance with the practice accepted as proper by a reasonable body of medical men skilled in that particular art although a body of adverse opinion also existed ..... because some one else of better skill and knowledge would have prescribed different treatment or operated in a different way, nor is he guilty of negligence if he acted in accordance with the practice accepted as proper by a reasonable body of medical men skilled in that particular art although a body of adverse opinion also existed .....
Tag this Judgment!Court : Patna
..... dated 10.7.2004 passed in complaint case no. 300/04 by the learned sdjm (east), muzaffarpur, whereby and where-under cognizance under sections 406 and 498a of indian penal code as also sections 3 and 4 of dowry prohibition act has been taken against the petitioners.3. the facts of the case ate as follows: one dr. suresh kumar singh, father of ..... judicial magistrate, muzaffarpur, bearing complaint case no. 300/2004 on 16.2.2004, for the commission of /offences punishable under sections 406, 420 / 120b, 498a, 323, 324 and 307 of indian penal code as also sections 3 and 4 of dowry prohibition act.4. according to the complaint petition, marriage of nirja singh, daughter of the complainant, was solemnised on 10.5.2001 .....
Tag this Judgment!