Court : Patna
..... 2010 for offences punishable under sections 307 and 498a of the indian penal code and section 3/4 of the dowry prohibition act. learned counsel for the petitioner with reference to a petition filed under section 13 of the hindu marriage act, 1955, placed at annexure-4 of this application, submits that the present complaint case is an afterthought and has been filed on 24 .....
Tag this Judgment!Court : Patna
..... said notice (annexure-11), explained the relevant facts asserting therein that as per the provisions of the employees provident funds and miscellaneous provisions act, 1952 and the employees pension scheme, 1955 framed thereunder every employee of the provident funds scheme, 1952 who had not attained the age of superannuation (60 years) prior to 1. ..... or left the job between 1.4.93 to. 15.11.95 would be entitled to exercise option for becoming a beneficiary under the pension scheme and acting thereon he altered his position to his detriment inasmuch as the contributions ( both employer and the employee) together with interest was deposited whereafter, on verification, the ..... the government also to prevent fraud or manifest injustice. the doctrine, however, cannot be pressed into aid to compel the government or the public authority to act contrary to law. it has, thus, been settled by judicial pronouncement that if the relevant provisions of law do not permit any action/decision then this .....
Tag this Judgment!Court : Patna
..... -law), rita devi (sister-in-law) and mahesh mahto (brother-in-law), with allegation that her marriage was performed with ganesh mahto, son of nandu mahto (since dead) on 12th of may, 2002 according to hindu customs. at the time of her marriage, her father had gifted clothes and utensils worth rs.5000/-, ornaments worth rs.15000/- and rs.51000/- ..... of 2007 at magadh medical college police station, gaya, under sections 498-a and 406/34 of the indian penal code and sections 3/4 of the dowry prohibition act in which on submission of the chargesheet, the chief judicial magistrate, gaya, had taken the cognizance of the offence under the aforesaid sections and had transferred the record ..... partly in another or where an offence is a continuing one, and continues to be committed in more than one local areas or the offence consist of several acts done in different local areas, as per section 178 the court having jurisdiction over any of such local areas is competent to inquire into and try the offence. .....
Tag this Judgment!Court : Patna
..... amount after having executed an agreement to sell prior to the search of his house. he had income from his hindu- undivided- family- properties and he had filed return of that income also. besides, he received gifts in the marriage of his elder daughter from his family members and relatives amounting to rs. 3,15,000/- and also rs. ..... which is required for constituting the "reasons to believe" has never to be such as could require the application of rules of evidence contained in the indian evidence act for acting upon it, rather could be mere facts alleged or appearing from the admitted or acceptable documents which could raise a probability making some one to believe the existence of ..... disproportionate to the known sources of his income. 4. it was stated by the state of bihar in its petition under section 13 of the bihar special courts act, 2009( act in short) that during search operations on 6.7.2007 in connection with the above noted case, cash of rs. 1,64,990/- and 578 dollars which .....
Tag this Judgment!Court : Patna
..... is not denied rather it is admitted. it may be mentioned here that for the acquisition of lands of different villages, notification under section 4 of the land acquisition act were issued on different dates, however, the project was announced in the year 1984 which would be evident from the judgment passed in first appeal no.633 of ..... 131998.94/- for the lands measuring 2.14 acres involved in first appeal no.173 of 2007. all the claimants filed application under section 18 of the land acquisition act claiming higher compensation at the rate of rs.5,20,000/- per acre. the said application was referred to the land acquisition judge. by the impugned judgment and award ..... the project for acquisition of land was announced in the year 1984 and construction of thermal power station started in 1985. notification under section 4 of the land acquisition act in the present case was published in march, 1986 and the possession of the lands were taken in 1988. collector awarded rs.1,09,552.73 paise for the .....
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..... supplied by the contractor(s) to the different establishments of the board are also entitled to the benefits in the light of the scheme framed under the act. the contribution made by the workers together with the contribution of the employer (contractor) is required to be deposited by the contractor with the provident fund ..... of maharashtra state cooperative bank limited v. assistant provident fund commissioner and others, reported in (2009) 10 supreme court cases 123, paragraph-30 and submitted that act of social welfare legislation intended to protect the interest of the weaker section of the society i.e. the workers employed into factories and other establishments, it ..... of the scheme is wholly misconceived. 7. learned counsel for the respondents further submitted with reference to the provisions of the contract labour (regulation and abolition) act, 1970 and the bihar rules framed thereunder that in terms of rule 72, 73 of the aforesaid rules, it is the duty of the principal employer to .....
Tag this Judgment!Court : Patna
..... true that, in numerous cases, it has been held that domestic tribunals, like an enquiry officer, are not bound by the technical rules about evidence contained in the indian evidence act; but it has nowhere been laid down that even substantive rules, which would form part of principles of natural justice, also can be ignored by the domestic tribunals. the principle ..... , is one of the basic principles which cannot be ignored on the mere ground that domestic tribunals are not bound by the technical rules of procedure contained in the evidence act.xxxxxxxx 9. it is also urged by learned counsel for the petitioner that several points were raised by the petitioner in the memo of appeal including the fact that although .....
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..... of 1996 dismissing the application filed by the appellant under section 9 of the hindu marriage act, 1955 for restitution of conjugal right. (2) the appellant filed the aforesaid application under section 9 of the hindu marriage act alleging that the father and brother of the appellant contacted the respondents and negotiated the marriage of the mungeshwar sahoo, j.2 appellant with respondent no.1, yogesh kumar azad ..... appellant prayed for restitution of conjugal rights. (3) the respondents appeared and filed written statement denying all the allegations made in the application under section 9 of the hindu marriage act. they also denied the marriage between the appellant and the respondent no.1 on 12.01.1996. according to the respondents, the opposite party-respondent no.1 was posted as ticket collector and .....
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..... is clearly mentioned that the darbhanga improvement trust had acquired the property by purchase from the raiyats under section 40 of the darbhanga improvement trust act. to falsify this positive evidence adduced by the plaintiffs, the defendants-respondents should have produced reliable evidences to show that darbhanga improvement trust had ..... to stop construction and the respondents are threatening to interfere in the plaintiffs' possession and they are contemplating to take action under public land encroachment act, therefore, the notice under section 80 was served and the instant suit was filed.6. the defendants filed contesting written statement. besides taking various ..... block previously were owned by different tenants under various maliks of the tauji. subsequently, the darbhanga improvement trust constituted under the darbhanga improvement trust act of 1934 under an improvement acquisition scheme acquired the aforesaid plots of land in the year 1936 and came in possession. on 1.11.1936 .....
Tag this Judgment!Court : Patna
..... is a pure question of law, in my opinion, the evidences are not necessary for consideration.11. in view of my above discussion, in my opinion, in the present case, hindu marriage act 1955 is not applicable and, therefore, the applicant-appellant is not entitled for any relief. the learned court below has rightly, therefore, found that the application is not maintainable. the finding ..... f.i.r., he came to know about the marriage which is wrong. now, in such circumstances when the marriage is not admitted by the appellant, there is no question of declaring the alleged marriage void. hindu marriage act, 1955 is applicable only in case of admitted marriage. the different provisions have been made for declaring the admitted marriage either as void or nullity on certain grounds but firstly .....
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