Court : Patna
..... class- vi and as such the same was a violation of manisana wage board award and as such they have not implemented the provisions of part-iii, chapter-i, clause 2(3) of manisana wage board award which provides an explanation;for the purpose of this clause if there are different units/ branches / ..... in the complaint petition.6. admittedly, manisana wage board was constituted under the provisions of working journalist & other newspaper employees (condition of service) & miscellaneous provisions act, 1955, which by submitting award, of national importance recommended the prescribed wages for the employees of newspaper establishment and the recommendations have been accepted by the central ..... by such breach. it is also relevant to mention here that chapter ii section 3 of the w.j. and other newspaper employees etc. act, 1955 reads as such:3. act 14 of 1947 to apply to working journalists:- (1) the provisions of the industrial disputes act, 1947, as in force for the time being, shall subject .....
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..... it magnifying the same in harmonious way. in surender kaushik and ors. v. state of uttar pradesh and ors. reported in air 2013 supreme court 3614. 11. chapter xii of the code deals with information to the police and their powers to investigate. as provided under section 154 of the code, every information relating to commission of ..... to cruelty and that being so, the conviction and sentence so recorded by the learned trial court did not attract interference. also relied upon 1995 (suppl)1 scc 50, 1994 cr.l.j. 3271, 1983 cr.l.j.487. 15. prosecution has examined altogether twelve (12) witnesses namely pw-1 subhash chandra prasad, pw-2 ravi shankar prasad ..... is not synonymous with the term immediately before? and is opposite of the expression soon after? as used and understood in section 114, illustration (a) of the evidence act. these words would imply that the interval should not be too long between the time of making the statement and the death. it contemplates the reasonable time which, as .....
Tag this Judgment!Court : Patna
..... to issue a direction that any application, petition, suit, appeal or reference shall be heard by a full bench is fully protected in rule-11 of chapter-ii of the patna high court rules, which, if read together, which are rule 10a thereof, will leave nothing for speculation that the power of ..... previous judicial decisions; (7) extra-curricular utterances (whether in textbooks, lecturers, speeches, articles, interviews, reports or responses to consultation papers); (8) previous receipt of instructions to act for or against any party or solicitor or advocate engaged in a case before him; (9) membership of the same circuit, local law societies or chambers. (c) factors ..... for convenience: 10. the government of bihar, in exercise of power conferred by article 243q of the constitution and by section 146 of the bihar panchayat raj act, 2006 framed the bihar panchayat elementary teacher (employment and service conditions) rules, 2006 (hereinafter referred to as the rules). under rule 3 of the rules .....
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..... acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under chapter va of this act is kept or concealed in any building, conveyance or enclosed place, may between sunrise and sunset,-- (a) enter into and search any such building, conveyance ..... as well as renders the safeguards provided to an accused more meaningful. in the present case, the information was received by the empowered officer on 4th february, 1994 when the unamended provision was in force. the law as it existed at the time of commission of the offence would be the law which will govern the ..... date of trial. 18. in the present case, the occurrence was of 4th february, 1994. the trial of the accused concluded by judgment of conviction dated 4th july, 1998. thus, it will be the unamended section 42(2) of the ndps act that would govern the present case. the provisions of section 42 are intended to provide .....
Tag this Judgment!Court : Patna
..... treated as a lacuna inherent in the case of the prosecution or the complainant. 49. coupled with the above, the law provides enough power to the courts to pursue entire chapter-x of the indian penal code, which deals with this aspect, by making it an offence not to execute summon or warrant for production of any accused or witness ..... life and pay fine of rs. 2,000/-. 2. the case of the prosecution, as unfolded at the trial, may, in brief, be described as under: (i) on 11.06.1994, at about 7:30 am, ram briksh ravidas went to village pathara to collect sugarcane leaves from village pathara. on his return to his village, when ram briksh ravidas reached ..... trial/first appellate courts cannot get swayed by abstract technicalities and close their eyes to factors which need to be positively probed and noticed. the court is not merely to act as a tape recorder recording evidence, overlooking the object of trial, i.e., to get at the truth, and oblivious to the active role to be played for which .....
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..... owner of the offending vehicle and he accepted that his vehicle was insured with new india assurance company limited (appellant) and he assured that he would consult the financer and after getting the policy, he would give it to the branch office of the national insurance company limited, samastipur and he gave a letter addressed to the ..... the tribunal at page 112, 113 and 114. the new india assurance company has filed photocopy of insurance policy showing that the vehicle was insured from 9.04.1994 to 8.04.1995, which is at page 115-116, which also supports the letter of the national insurance company dated 19.11.1996 that the offending vehicle ..... the appellant has not even whispered that the offending vehicle was not insured by the appellant. he has further submitted that a petition under section 140 of the mv act for grant of interim compensation of rs.25,000/- with interest was contested by the new india assurance company (appellant) and the learned tribunal after being satisfied .....
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..... 23/94. after hearing both the parties, the learned additional district judge, f.t.c.iv, motihari has set aside the judgment and decree dated 24.02.1994 and 9.03.1994 passed by the learned sub-judge and remanded the case for fresh judgment and decree after impleading the government authorities, who had issued purcha in favour of defendant nos ..... the state, the purcha cannot be set aside. he has further submitted that order 7 rule 11 (d) read with section 99 of the bihar privileged persons homestead tenancy act, the suit was not maintainable, as such; the learned appellate court has rightly remanded the case to implead anchal adhikari as a party and after giving notice to proceed ..... with the title suit. since anchal adhikari is the collector under the act and has vested the right of possession to respondent nos. 6 and 8, the state is the owner of the land, as such, the state is the necessary .....
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..... majority in the said case considered the relevant provisions of the three actscreating oil and natural gas commission, the life insurance corporation and the industrial finance corporation and following the test laid down in rajasthan electricity board case (supra) held that three organizations were state? within the meaning of article ..... the government of india on the security and undertaking of the state government, that the amendments introduced to the memorandum of association in the year 1994 introducing arts. 5-a and5-b, entrusts the appellant-company with important public duties obligating to undertake, permit, sponsor rural development and for ..... or there is procedural impropriety. however, where reasonable conduct is expected, the criterion of reasonableness rests upon the person challenging the validity of the acts. it is also trite that while exercising limited power of judicial review on the grounds mentioned above, the court can examine whether administrative decisions in .....
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..... circumstances stated above, it can be concluded that both the deceased ramanuj prasad singh and priyanka singh comes under the purview of third party under motor vehicle act, 1988 as they are neither insured nor insurer of the offending vehicle and have used the vehicle without violating the terms and conditions of the insurance policy. i ..... for covering their life and property?. 22. in the present case, the insurer has taken package policy of his vehicle and has paid more premium than the act policy. in this event appellant-insurer has taken contractual obligation to cover risk of all persons boarded on the vehicle as per policy schedule. the vehicles sitting ..... it is also relevant to see section 165 (1) of the motor vehicles act. section 165 (1) of m.v. act says a state government may, by notification in the official gazette, constitute one or more motor accident claims tribunals (hereinafter in this chapter referred to as claims tribunal) for such area as may be specified in the .....
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..... produced exhibit j, the jamabandi return which is with respect to both the plots. the exhibit m is the petition filed by the plaintiff in title suit no.58 of 1994 for being added as party-defendant wherein the plaintiff has admitted that jangi koeri is in the western boundary of plot no.11240 and in this petition, he has admitted ..... in fact, it was a mistake committed by the scribe, the donee or bibi sakina could have rectified it by executing another registered document but they did not do any act of rectification. in such view of the matter, the defendants cannot claim that in fact, plot no.11240 was also gifted by exhibit i in favour of bibi fahmida by ..... iii property. he on 20.03.1993 gifted by oral hiba 11 kathas of land out of plot no.11240 to defendants 3rd set. in title suit no.58 of 1994, the defendant no.1 in her written statement has wrongly claimed plot no.11239 and 11240. the said plots were never sold to defendant no.1. only 4 kathas 11 .....
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