Court : Patna
..... of prayer of stay under section 34 of the arbitration act. the impugned order of the learned lower court, therefore, is not fit to be upheld.14. accordingly, this appeal is allowed and the impugned order of the ..... this regard the plaintiff-respondent filed the suit in question and the defendant-appellants filed the petition for stay of the proceeding under section 34 of the arbitration act. but the learned lower court refused to entertain the prayer on ground which are untenable. there does not appear to be any justification for refusing the grant ..... munuswamy mudaliar and ors. : air1988sc2232 . it has been held by their lordships.'this is a case of removal of a named arbitrator under section 5 of the act which gives jurisdiction to the court to revoke the authority of the arbitrator. when the parties entered into the contract, the parties knew the terms of the contract including .....
Tag this Judgment!Court : Patna
..... as illegal detention. the division bench of the said high court while interpreting section 167 of the code of criminal procedure and also sub-section (2-a) as inserted by act 45 of 1978 held as under:para 16: 'thus in a case where a person is accused in more cases than one, the officer in charge of the police station ..... smt. maneka gandhi v. union of india (supra) the question falls for consideration before the apex court was as to whether the power conferred to the authorities under the passports act, 1967, for impounding a passport in the interest of the general public is violative of article 14 of the constitution and whether section 10(3)(c) of the said ..... act is violative of article 21 of the constitution since it does on prescribe for procedure with in the meaning of that article and the apex court held as under:we .....
Tag this Judgment!Court : Patna
..... , rather these petitioners were not aware about the incident prior to the alleged panchayati. the only allegation against these petitioners is that they did not agree for the marriage of samsuk sheikh with the informant and they refused to abide by the so called verdict of the panches. the learned counsel, therefore, submitted that section 109 of ..... the supreme court, if i examine the allegations made out in the fir against the petitioner, it appears that when the informant became pregnant on account of the act of the accused samsuk sheikh, a panchayati was held wherein the panchayat was assured that the informant would be married within a month. however after one month when ..... of the prosecution pending against the appellants only on the ground that it was open to the applicants for shares to take recourse to the provisions of the companies act, cannot be accepted. it is futile attempt on the part of the appellants, to close the chapter before it has unfolded itself. it will be for the .....
Tag this Judgment!Court : Patna
..... an advocate on its roll, preparation and maintenance of such roll, safeguarding the right, privileges and interest of an advocate on its roll and to do act necessary for discharging all the functions.. the function of bar council of india include the laying down of standard of professional conduct and etiquette for advocates and ..... the intermediate education council and that college shall be deemed to be an institution imparting education of intermediate standard also.)9. section 4 of the said act provides the purpose and powers of the university. relevant is clause 19 of the said provision which reads as under:-section 4:-purpose and powers of ..... force and those provisions are mere directives. learned counsel further submitted that unless the said college fulfills all the requirements provided under the bihar state universities act and unless affiliation is granted by the ranchi university, the authorities of the college have no jurisdiction to run the college and take admission of any of .....
Tag this Judgment!Court : Patna
..... directing him to pay maintenance pendente lite and cost of litigation to the wife opposite party under section 24 of the hindu marriage act (in short 'the act').2. the suit seeking decree of divorce under section 13 of the act was filed by the husband-petitioner on 31.1.94. the application seeking interim maintenance etc., was filed on 20. ..... 25 but the conduct of the parties may be taken into account in making the order or in assessing the amount of maintenance. the following passage from mulla's hindu law (16th edn. at page 728) may usefully be quoted in this connection:in considering an application for such and order the court would take into account all ..... 96 granting decree of divorce to the petitioner. the court in view of the pleadings of the parties framed three issues, namely, (i) is the wife guilty of committing act of cruelty towards the husband and his family member? (ii) is the wife also guilty of desertion intentionally and willfully without any valid reasons? and (iii) is the .....
Tag this Judgment!Court : Patna
..... tribes and rape of women belonging to the scheduled castes and the scheduled tribes. under the circumstances, the existing laws like the protection of civil rights act, 1955 and the normal provisions of the indian penal code have been found inadequate to check these crimes. a special ligislation to check and deter crimes against them ..... law for the offence arising out of the practice of untochability and the parliament enacted untouchability (offences) act, 1955, the title of which was later on changed as the protection of civil rights act. the provision of the said act and the penal code were not found adequate to check the atrocities committed on the sch. castes and ..... the submissions.5. before proceeding to consider the submissions advanced at the bar it will be apt to state in brief the relevant provisions of the act. the act has been enacted to prevent the commission of offences of atrocities against the members of the scheduled castes and scheduled tribes, to provide for special courts .....
Tag this Judgment!Court : Patna
..... . it is the case of the plaintiff-appellant that ram chandra prasad gupta, the father of the plaintiff was the karta and the manager of mitakshra hindu undivided family and the said ram chandra prasad gupta being the karta and manager of the joint family acquired various landed and house properties from the funds ..... regarding the arbitration proceeding, i find no force in the submission of mr. debi prasad, as arbitration proceeding is governed under chapter iv of the indian arbitration act. the present case was filed by the plaintiff-appellant for a partition of their movable and immovable properties held jointly by the parties to the suit. arbitration ..... appellant before the lower court on 6.5.92?3. whether the compromise petition is illegal and barred due to voidableness and as per the indian contract act?4. whether the learned court below committed error in accepting the compromise petition without giving any opportunity to the plaintiff-objector to substantiate his objection regarding .....
Tag this Judgment!Court : Patna
..... decisions an indeliable stamp of infirmity or vice which cannot be obliterated or cured on appeal or revision. if an inferior court or tribunal of first, instance acts wholly without jurisdiction or patently in excess of jurisdiction or manifestly conducts the proceedings before it in a manner which is contrary to the rules of natural justice ..... by the learned counsel appearing on behalf of respondents that the petitioners may agitate all the points before the appropriate forum available under section 43 of the said act.'13. no doubt when the statutory remedy is available, this court should be reluctant to interfere under article 226 of the constitution of india but in the ..... in consequence of the liquidation and dissolution of the society which is not relevant to be quoted.8. from the perusal of the provisions of the said act it appears that in case of dissolution of the managing committee of the society section 41 contemplates prior notice and opportunity of hearing, save and except under .....
Tag this Judgment!Court : Patna
..... the second additional district judge, jamshedpur in an application under section 24 of the hindu marriage act, 1955 in matrimonial suit no. 73/94 has been impugned by the husband-petitioner before this court. in the said matrimonial suit, a decree for dissolution of marriage has been claimed by the petitioner for the grounds mentioned in the application under ..... wife is living a luxurious life having strong financial background and as such is not required to have financial help from him.9. section 24 of the hindu marriage act reads as follows:-maintanance pendente lite and expenses of proceedings.- where in any proceedings under the wife or the husband, as the case may be, has ..... any amount. in 1996 delhi 94, the high court was called upon to consider the provision of sections 13 and 25 of the hindu marriage act arid section 23 of the hindu adoption and maintenance act where the divorce had already taken place.the decisions reported in 1987 delhi 43, 1939 m.p. 259, 1958 raj, 322 and 1987 .....
Tag this Judgment!Court : Patna
..... contained in sub-rule (1) (b) read with sub-section (7) of rule 18 of the bihar shops and establishment rules, 1955 the provisions of section 28 of the shops act shall not at all be attracted as it only provides for entertaining claim where deductions have been made from the wages of the employees or ..... period in question. in fact, in the circumstances aforementioned it was a fit case, in which respondent no. 3 deserved punishment for his aforementioned irresponsible and indisciplined act being a bank employee. 22. in such circumstances, in my opinion, both the authorities namely, respondent nos. 1 and 2 were not justified in holding that ..... sinha, learned sr. counsel, appearing for the bank has submitted that the impugned orders are wholly without jurisdiction as the provisions of the bihar shops and establishments act are not applicable in respect of workmen employees of the bank in face of the detailed and elaborate procedure, provided in sastri award/settlement in respect of all .....
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