Court : Patna
..... yadav, learned government advocate, appearing for the respondents, submitted that veneer would fall within the ambit of the definition of 'timber' under section 2(6) of the act and, therefore, must be called forest produce under section 2(4). ..... the court observed that in such cases a purposive interpretation of statute is required and in the context of the forest act it is imperative to do so which would aid conservation of sandalwood, a valuable forest wealth, prevent illicit felling and transportation of sandalwood trees and make the manufacturers of sandalwood oil accountable for the possession of sandalwood trees or chips or roots etc.9. ..... mohammed all 1993 supp (3) scc 627 : air 1994 sc 120 the supreme court observed, 'the word 'includes' in the definition under section 2(f) would show that it did not intend to exclude what would ordinarily and in common parlance be spoken of as wood oil. ..... state of bihar (1997) 2 pat ljr 24 : air 1998 pat 68 had occasion to consider the provisions of section 2(4) of the act in the context of the controversy as to whether the authorities of the forest department are competent to intercept the movement of khair wood in the guise of nepali khair wood. ..... state of orissa air 1963 orissa 24, and held that the use of the words 'or not' suggests that the goods of the description given in the section would be forest produce whether they are found in the forest or not, or whether they are brought from a forest or not.7. .....
Tag this Judgment!Court : Patna
..... he submitted that definition of the term 'forest-produce' under section 2(4)(a) of the indian forest act is wide enough to include produce of a forest lying outside the purview of the act and, in any view, by virtue of the provisions qf section 41 of the said act, transit rules framed by the state government are applicable to all kinds of timber and forest produce specified therein. ..... in the above view of the matter it has to be held that khair wood being specified forest-produce under clause (a) of section 2(4) of the indian forest act, 1927, bihar forest produce (regulation of trade) act, 1984 and the bihar timber and other forest produce (transit regulation) rules, 1973, movement of khair wood is subject to the regulatory provision of the said two acts and the rules frame thereunder. ..... the court noted that though most of the sections of the indian forest act deal with government forest and government lands and forest-produce grown on such property, there are many sections specially those in chapter vii which confer a regulatory power on the government to control movement of forest-produce even though the produce may not be of government. ..... state of orissa, air 1963 orissa 240, state of tripura v. .....
Tag this Judgment!Court : Patna
..... section 2(4) of the forest act provides a controlled definition of the term 'forest produce' read with definition of timber in clause (6). ..... submission on behalf of the petitioners however is that by reason of the mechanical process and human labour put in, a new product having altogether distinct identity comes into existence and therefore, notwithstanding the wide definition of the term 'forest produce' or 'timber' in the indian forest act, veneer cannot be called timber or forest produce. ..... the point for consideration in that case was whether cashew or cashew-nuts are forest produce within the meaning of section 2(ii)(g) of the andhra pradesh forest act if they are obtained from cashew trees on private land. ..... in orderto appreciate the submissions of the counsel for the parties i would first like to refer to the definition of the term 'forest produce' in the indian forest act. ..... the case of the state is that veneer is a 'forest produce' within the meaning of section 2(4) and (6) of the indian forest act read with rule 2(kha) of the bihar kasth tatha anya van utpadan abhivahan ka niyamawali, 1973) i.e. ..... it is not the end product as submitted on behalf of the petitioners, it is rather a raw materials for making plywood which comes under the description of 'fashioned timber' in section 2(6) of the indian forest act and would, therefore, be a 'forest produce' under section 2(4) of the said act. ..... , air 1963 orissa 23. .....
Tag this Judgment!Court : Patna
..... indian forest act as well as the transitrules applies to all the forests including the private forests and the same is evident from definition of the forest produce as contained under section 2(4) of the forest act. ..... is asserted that the slate government in exercise of power under sections 41, 42 and 76 of the indian forest act (hereinafter referred to as the forest act) framed a transit rule, 1973 which require permit by a competent authority for transportation of the timber and other forest produce as detailed in the said rules. ..... said transit rules has been enacted in 1973 in exercise of power under sections 41, 42 and 76 of the forest act to regulate the transit of timber and other forest produce mentioned in the said transit rules. 24. ..... division bench after considering the provisions of the forest act and the transit rules held: 'thus though most of the sections of the indian forest act deal with government forests and govt. ..... for the petitioners as well as the intervenor petitioners have submitted the following points; 1) the government notification dated 9-10-96 has not been published in the official gazettee in terms of section 78 of the forest act and as such the same cannot be given effect to. ..... state of orissa, air 1963 orissa 24, wherein the orissa timberand forest produce transit rules, 1958 was challenged on the ground that the said transit rules applies only to the timber and forest produced or grown or collected from the property of the government and not to the private .....
Tag this Judgment!Court : Patna
..... in the background of the aforementioned fact, it has been emphasized that the impugned order passed on 22.08.2008 rejecting the claim of the petitioner for appointment on compassionate ground, on a day on which the petitioner had definitely become major, would not only be against the spirit of the government policy of appointment dated 05.10.1991 but would also defeat the very purpose of compassionate appointment. ..... this communication order dated 22.08.2008 obtained by the petitioner under right to information act therefore, cannot be said to be the impugned order rejecting the claim of the petitioner for compassionate appointment inasmuch as her such application filed in the year 1998 had already stood automatically rejected in terms of the requirement of ..... on 29.07.2008 by filing an application under the right to information act seeking the reason for refusal of appointment on compassionate ground and thereafter having slept over the same for another five years i.e. ..... that the order dated 22.08.2008 in fact is not an order of refusal of compassionate appointment of the petitioner rather it is a communication by the d.s.e, patna to the petitioner in response of her application dated 29.07.2008 seeking certain information under right to information act. .....
Tag this Judgment!Court : Patna
..... that the petitioner is challenging the aforesaid issue by way of the aforesaid writ petition only because he is interested in appointment of vice chancellors and pro vice chancellors as per the provisions as enshrined in section 10 and 12 of the amended act and also wants that no dispute should come in future after the appointment is made so that the education may not suffer in the universities on the ground of absence/ non-recruitment of vice chancellors/ pro vice chancellors ..... ram tawakya singh (supra) as with regard to bringing more transparency and objectivity in the appointment on the post of vice chancellor the aforesaid provision of section 10(1) of the act had been amended and was substituted in the following terms: (1)(i) persons of the highest level of competence, integrity, morals and institutional commitment are to be appointed as vice- ..... as noted above, he does not claim to have qualification for such post of vice chancellor as prescribed under section 10(1) of the act and in fact his statement in paragraph no.24 of the writ application will leave nothing for speculation that he is also not qualified for the post of vice ..... it is in this backdrop that the life members of the senate have also been prescribed under section 18 of the act to include all ex-vice-chancellors of the university including those appointed to fill a casual or temporary vacancy of the vice chancellor as well as every person who has given to the satisfaction of the chancellor a sum of not less .....
Tag this Judgment!Court : Patna
..... petitioner does not fall in this category and, therefore, there is no question of application of section 3(1) of the 1976 act nor of section 4(3) of the act, inasmuch as, section 4(3) of the 1976 act related to services of the employees of local bodies working on deputation in the office of district superintendent of education, sub-divisional education officer-cum-municipal education officer and those working in the education section of patna municipal corporation. 22. ..... services by the director, primary education till 7.3.1995 but, then, that order does not take into account either the order of the director, primary education dated 6.1.1981 to be itself in teeth of section 4(2) of the 1976 act or the effect of the order dated 7.3.1995 passed by the state government. 27. ..... been challenged by the petitioner on the ground that it is contrary to section 4 (3) of the bihar non government elementary school( taking over of control) act 1976 and the inquiry report dated 16.7.1996. ..... -13) as the same is contrary to the section 4(2) of the bihar non government elementary school (taking over of control) act, 1976 and enquiry report dated 16.7.86 (annexure ..... be noted that charging section of the 1976 act is section 3, which reads as ..... as follows:- petitioner has liberty to represent his case before the concerned authority once again so that his case may be considered in consonance with the provision of section 4(3) of the bihar non government elementary school (taking over of control) act, 1976. .....
Tag this Judgment!Court : Patna
..... . though a trial judge must not drop the mantle of a judge and assume the role of a prosecutor or a defence counsel, the fact remains that his duty is to reach the truth and section 165 of the evidence act gives the judge adequate power and authority to put any question to any witness at any time be it during the course of examination-in-chief or cross-examination or at the end of any such examination or re-examination, which, ..... a common experience in criminal courts that defence counsel would raise objections whenever courts exercise powers under section 311 of the code or under section 165 of the evidence act, 1872 by saying that the court could not fill the lacuna in the prosecution case ..... ?, it would, therefore, logically follow that the first part of section 311 of the code of criminal procedure is permissive in nature and gives a discretion to a criminal court to act, at any stage, of enquiry, trial or other proceeding, in one of the three ways, namely, (1) to summon any person as a witness, or (2) to examine any person in attendance, though not summoned as a witness, or (3) to recall and re-examine any person ..... ., section 311 of the code of criminal procedure and section 165 of the evidence act) confer jurisdiction on the judge to act in ..... . even section 165 of the evidence act recognizes courts power to put any questions to any witness, at any time, which appears to the judge as necessary for just decision of the case or in order to discover or obtain proof of .....
Tag this Judgment!Court : Patna
..... 154, 155, 156, 157, 162, 169, 170 and 173 of the code, came to hold that only the earliest or the first information in regard to the commission of a cognizable offence satisfies the requirements of section 154 of the code and, therefore, there can be no second fir and consequently, there can be no fresh investigation on receipt of every subsequent information in respect of the same cognizable offence or the same ..... was canvassed on behalf of the accused that the registration of fresh information in respect of the very same incident as an fir under section 154 of the code was not valid and, therefore, all steps taken pursuant thereto including investigation were illegal and liable to ..... soon before appear in section 113b of the indian evidence act, 1872 and also in section 304b of the indian ..... along with impact of section 113(b) of the evidence act has been taken into consideration in ..... been highlighted that the power of the magistrate under section 156(3) of the code to direct further investigation is clearly an independent power and does not stand in conflict with the power of the state government as spelt out under section 3 of the police act. ..... meaning as in section 2 of the dowry prohibition act, 1961 (2* of ..... section 114, illustration (a) of the evidence ..... . section 113b of the indian evidence act, 1872 states that when the question is whether a person has committed the dowry death of a woman, and it is shown that soon before her death such woman has been subjected by .....
Tag this Judgment!Court : Patna
..... (iii) treating the said fardbayan as first information report, jhajha police station case no.57 of 2003, under section 307/326 of the indian penal code read with section 27 of the arms act, 1959, was registered against the accused. ..... during investigation, inquest was held over the dead body of the said deceased, which was also subjected to post mortem examination and, on completion of investigation, charge sheet was laid, under section 307/326/302 of the indian penal code read with section 27 of the arms act, 1959, against accused kamli devi. 3. ..... during investigation, as injured prakash yadav died, section 302 of the indian penal code was added to the case aforementioned. ..... accused was, then, examined under section 313 (1) (b) of the code of criminal procedure and, in her examination aforementioned, the accused denied that she had committed the offence, which was alleged to have been committed by her, the case of the defence being ..... at the trial, when a charge, under section 302 of the indian penal code, was framed against the accused, she pleaded not guilty thereto. 4. ..... ii, jamui, the appellant, kamli devi, stands convicted under section 302 of the indian penal code. ..... following her conviction under section 302 of the indian penal code, the learned trial court passed sentence against her as has been mentioned above. ..... following her conviction under section 302 of the indian penal code, the accused-appellant, kamli devi, has been sentenced to undergo imprisonment for life. 2. .....
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