Court : Patna
..... village: provided further that in the district of santhal parganas the collector shall, while making such settlement, follow the principles prescribed for settlement of waste land or vacant land under section 28 of the santhal parganas tenancy (supplementary) (provisions) act, 1949 (bihar act xiv of 1949): provided also that the land acquired or deemed to be acquired from sugar factories, to which the provisions of sub-clause (i) of clause (a) of ..... the other hand, submits on the basis of the stand taken in the counter affidavit that the petitioners never filed any application under section 22 of the ceiling act before the collector rather application for issuance of red card was filed which have been produced before the collector in the present ..... amended red cards issued after correction itself show that they have been issued in terms of section 22 of the land ceiling act as the first card clearly provides that it has been issued on payment of compensation of an amount of rs.352.50 by the petitioners payable in a period of 30 years at the rate of 11.75 per year in terms of the provisions of section 22 (1) of the act; the other amended red card also shows that it has been issued on payment of ..... . rule 25 of the bihar land reforms (fixation of ceiling area and acquisition of surplus land) rules, 1963 requires that such application by an under-raiyat for being allowed to retain any surplus land of which he is an under-raiyat must be filed within a period of three months with effect .....
Tag this Judgment!Court : Patna
..... if there happens to be truthfulness in his version, then in that event, again there happens to be non-compliance of section 50 of the act wherein, the prosecution is bound to disclose the accused that his personal search is to be carried out in presence of gazetted officer and in case there happens to be denial on the part of the accused then and then ..... constitutional bench of the honble apex court has taken into consideration the effect on account of non-compliance of section 42(2) of the ndps act and concluded in under para-17 as follows:- 17. ..... act, with regard to have the prosecution properly prosecuted against the real culprit, the act found more sensitized in a manner by prescribing another kind of obligation upon the prosecution in terms of section 57 of ..... act, the persons so arrested along with seized material is to be produced before the competent officer so notified in terms of section 53 of the act, which is found to be properly complied with as is evident from the facts of the case as soon after arrest of appellant chandrika kurmi along with eleven (11) bags of ganja followed with preparation of seizure list as well as written report ..... position got strengthened with the amendment to section 42 by act 9 of 2001.? 8. ..... sufficient time to take action, and if the police officer fails to record in writing the information received, or fails to send a copy thereof, to the official superior, then it will be a suspicious circumstance being a clear violation of section 42 of the act. .....
Tag this Judgment!Court : Patna
..... involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer; (c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter ..... state of nct of delhi reported in (2002)5 scc 234 where the honble supreme court discussed the relevance of section 14 evidence act in the scheme of official duties which would be relevant for this case when it has been pointed out that the investigating ..... of 2013 have been convicted u/s 302 ipc and sentenced to death and also under section 394 ipc and 27 of the arms act and sentenced to ten years and two years respectively with a fine of rs.5,000/- ..... such a view was expressed even in the face of a more stringent provision in section 69 of the police and criminal act, 1984 in the uk casting a positive obligation on the part of the prosecution to lead evidence in respect ..... however i am of the opinion that their evidence is definitely collusive since on the one hand they have stated that the miscreants had muffled their faces and yet they exonerate the appellants by saying that they ..... to retaliate, often to our shame, and we know its power: the power of the primeval forests. .......................... .....
Tag this Judgment!Court : Patna
..... the court appears not passing any sentence of ramkehswar yadav who had been convicted for committing offence under section 307 read with section 109 of the indian penal code and passed sentence of rigorous imprisonment for seven years only against appellant ..... appellant ramkeshwar yadav was indicted of committing offences under section 307 read with section 109 of the indian penal code while appellant khabil yadav was charged with committing offence under section 307 of the indian penal code for being put on trial in ..... finding of the learned trial judge that khabil yadav was guilty of committing offence under section 307 of the indian penal code appears not to be upheld. ..... the complicity of appellant ramkeshwar yadav is concerned he does not appear having commited any overt act, but only to have remonstrated khabil yadav to assault the informant. ..... which had been established, khabil yadav appears committing an offence under section 324 of the indian penal code. ..... fine is realized the same shall be paid to the informant or next of his kins as compensation under section 357 of the cr.p.c. 8. ..... an offence under section 324 of the indian penal code is triable by a court of magistrate of first class who is empowered to inflict a sentence in the maximum ..... he objected to and questioned the act of appellant khabil yadav who warned him of serious consequences upon which there was some exchange of hot words when appellant ramkeshwar yadav the father of appellant khabil yadav arrived there and he .....
Tag this Judgment!Court : Patna
..... there is also material on record showing that demand for dowry was raised at the time of solemnization of sonam devis marriage and, hence, a charge, under section 498a read with section 34 of the indian penal code, and also a charge under section 4 of the dowry prohibition act, 1961, were required to be framed against the accused-appellants and they needed to be tried accordingly. 20. ..... -appellants and the sentences passed against them by the judgment and order, under appeal, are hereby set aside and the case is remanded to the learned trial court for framing of the charges under sections 498a, 302 and 201 read with section 34 of the indian penal code and a charge under section 4 of the dowry prohibition act, 1961, and, then, try the accused-appellants in accordance with law. 21. ..... in order to, therefore, hold, in the present case, any of the appellants guilty of an offence under section 201 of the indian penal code, it was the duty of the prosecution to prove as to what offence, if any, had been committed by the appellants and how the appellants could have been held to have caused any ..... so far as the conviction of the accused-appellants, under section 201 read with section 34 of the indian penal code, is concerned, it needs to be noted that in order to make a person liable to conviction under section 201 of the indian penal code, knowledge or reason to believe, on the part of an accused, that an offence has been committed is imperative. 18. .....
Tag this Judgment!Court : Patna
..... , sipahi ram @ sipahi paswan has been found guilty for an offence punishable under section 412 of the ipc while appellant, vijay koiri has been held guilty for an offence punishable under section 395 of the ipc vide judgment dated 29.02.2012 and both have been directed to ..... the said statement cannot be treated as evidence within the meaning of section 3 of the evidence act, as the accused cannot be cross-examined with reference to such statement ..... in terms of section 134 of the evidence act, it is not the quantity rather ..... as cross-examination is parted with under separate identity than that of statement and that happens to be reason behind that irrespective of the allegation whatever may be, adduced during course of examination-in-chief, under sub-section 1 of section 313 of the cr.p.c. ..... , he may keep silence, he may or may not give an explanation, and the conduct of the accused in the aforesaid event is also to be perceived in the background of facts and circumstances of the case as well as in terms of sub section-4 of the section 313 of the cr.p.c. ..... material so produced by the prosecution during course of trial has to be confronted with the accused so that the answer coming from the mouth of accused be there which has got legal sanctity in terms of sub-section 4 of section 313 of the cr.p.c. ..... been submitted that recording of statement of both the accused by the learned lower court happens to be in most perfunctory manner and violative of sub-section 1 of section 313 of the cr.p.c. .....
Tag this Judgment!Court : Patna
..... leon varkaraayenburg president, water guard cable products private limited showing the date of occurrence since 25th of september 2000 for offences punishable under sections 406, 420 and 120b of the ipc alleging inter alia for manufacturing of cable compounds, there was an agreement amongst the parties and as per clause-13 of tolling agreement the accused had ..... two or more persons agree to do, or cause to be done,- (1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance ..... 1134 (c) 2001 and the cognizance dated 31.07.2001 taken under section 406/120b ipc against the respondent and other two persons named in the complaint petition who are ..... pendency of complaint petition along with order of cognizance dated 31.07.2001 directing the petitioner to be answerable for an offence punishable under sections 406, 120b of the ipc is not at all legally maintainable. 7. ..... an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceedings is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned act, providing efficacious redress for the grievance of the aggrieved party. ..... definition .....
Tag this Judgment!Court : Patna
..... inquest over bharat sahs dead body, which was also subjected to post mortem examination, and, on completion of investigation, a charge sheet was laid, under sections 302 read with section 34 of the indian penal code and section 27 of the arms act, 1959, against the two accused named in the first information report, namely, shivji sah and vishwanath sah. 3. ..... following his conviction, under section 302 of the indian penal code and section 27 of the arms act, 1959, learned trial court passed sentences against him ..... 42 of 2000 was registered, under section 302/34 of the indian penal code read with section 27 of the arms act, 1959, against accused shivji sah, accused vishwanath ..... consequent upon his conviction under section 27 of the arms act, 1959, the accused-appellant, shivji sah, has been sentenced to undergo rigorous imprisonment for three years ..... was also framed, under section 27 of the arms act, against both the accused. ..... additional sessions judge v, rohtas at sasaram, the appellant, shivji sah, stands convicted under section 302 of the indian penal code and also under section 27 of the arms act, 1959. ..... at the trial, when a charge, under section 302 read with section 34 of the indian penal code, was framed against the two accused, both the ..... accused was, then, examined under section 313 (1) (b) of the code of criminal procedure and, in their examinations aforementioned, both the accused denied that they had committed the offences, which were alleged to have been committed by them, .....
Tag this Judgment!Court : Patna
..... courts negatived it because of the mandatory nature of section 83 read with section 101 of the representation of the people act, 1950 (hereinafter referred to as the act) which makes it mandatory to plead facts necessary to show that the results would have been materially affected. ..... then are exhibits 8 and 9 which are information supplied pursuant to queries made under right to information act intimating that there was departmental proceeding pending against the sole respondent in aurangabad district which records were sent to this court as well by exhibit 9. ..... i may also state that in view of provisions of section 100 (1) (a) of the act which takes within its sweep the provisions of article 191 (1) (a) of the constitution, there is no necessity of showing that the elections would be materially affected as is required under section 100 (1) (d) of the act. ..... the present case is solely based on the provisions of section 100 (1) (a) of the act and not in relation to 100 (1) (d) of the act. 29. ..... there is a distinction between the two provisions that is section 100 (1) (a) and 100 (1) (d) of the act in this regard. ..... it is for these reasons one has to hold that acceptance of resignation was not a bona fide act. ..... now it is well settled that resignation from service is a bilateral act. .....
Tag this Judgment!Court : Patna
..... the present appeal has been filed by the two accused-appellants, namely, niraj singh and ranjeet singh, against judgment of conviction, dated 28.01.2006, under sections 302 read with section 34 of the indian penal code, passed by additional sessions judge, fast track court-iii, jehanabad, in sessions trial nos. ..... on completion of investigation, a charge sheet was laid, under sections 302/34 of the indian penal code and section 27 of the arms act, 1959, against accused, ram chandra singh @ jattu singh, niraj singh and ranjit singh. ..... filed against him and the case, on being committed to the court of sessions on 04.03.2011, gave rise to sessions trial no.104 of 2011 / 133 of 2011, wherein, too, the learned trial court recorded judgment of conviction under section 302 read with section 34 of the indian penal code as well as under section 27 of the arms act, 1959, against accused mithilesh. 6. ..... the learned trial court convicted the appellants, ranjeet singh and niraj singh, under sections 302 read with 34 of the indian penal code, while accused ramchandra singh was acquitted vide judgment, dated 28.01.2006. 5. ..... 107 of 2004, under section 302 read with section 34 of the indian penal code and section 27 of the arms act, 1959, was registered against accused ram chandra singh @ jattu singh, niraj singh, ranjit singh and mithilesh singh @ dhananjay singh. 10. ..... in addition thereto, a charge, under section 27 of the arms act, 1959, was also framed against the said three accused persons. .....
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