Court : Patna
..... .s. case no. 66 of 2011 registered under section 414 of the indian penal code and patna high court cr. rev. no.1586 of 2011 (3) dt.24-01-2012 sections 25(a)/25(1-b)a/26 of the arms act and section 17 of the criminal law amendment act. learned counsel for the petitioner submits that there is no recovery from the ..... to be 16 years and three months on the date of occurrence. learned counsel submits that though the petitioner was earlier made an accused in a case under the arms act but is on bail in the same. he submits that the petitioner is in custody since 12.05.2011. considering the facts and circumstances of the case, let the petitioner ..... pandey, learned a.p.p. for the state. this application is for grant of bail to the petitioner under the provisions of the juvenile justice (care and protection of children)act, 2000. earlier such prayer was rejected vide order dated 14.10.2011 by the juvenile justice board in j.j.b. case no. 360 of 2011. the appeal was also .....
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..... ultimate control over the affairs of the factory, so that they take proper care for maintenance of the factories and the safety measures therein ..... proviso (ii) was introduced by the amending act, couched in a mandatory form - 'any one of the directors shall be deemed to be the occupier' - keeping in view the experience gained over the years as to ..... as the deemed occupier of the factory, for prosecution and punishment in case of any breach or contravention of the provisions of the act or for offences committed under the act. 6. however, recently in the case of indian oil corporation ltd v. the chief inspector of factories and ors., (1998-ii-llj-604)(sc) the question arose as to who ..... relied on the decision of the supreme court in the case of j.k. industries ltd. v. chief inspector of factories and boilers, (1997-i-llj-722)(sc) wherein it has been held that under the act only one of the directors, the directing mind and will of the company, its alter ego, can be nominated as an occupier .....
Tag this Judgment!Court : Patna
..... of a company, one of the company's directors alone can be recognised as the occupier of the factory owned by it in terms of the amended section 2(n) of the factories act or is it still open to a company to designate (by completely transferring to him the ultimate control of the factory) any of its employees, ..... were not aware that the controversy was conclusively settled by the supreme court by its judgment in j.k. industries limited, etc. v. the chief inspector of factories and boilers and ors. (1991-i-llj-722) delivered just a day earlieron september 25, 1996. the s.c. decision authoritatively holds that in the case of a company which ..... (r) and the judgment delivered in this case will also govern and dispose of cwjc no. 443/1991(r). 6. the first petitioner, indian oil corporation is a company incorporated under the companies act, and for all intent and purposes it is owned fully by the central government. the marketing division of the corporation looks after the supply and distribution .....
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..... undergo rigorous imprisonment for a period of three years each. similalry, the appellant sipahi koeri has also been convicted for offence under section 323 of the indian penal code and sentenced to undergo rigorous imprisonment for one year. all the appellants however in view of committing their respective offence in course of same transaction ..... trial no. 270/61 of 1978/1985, whereby and whereunder, the appellant ram sanehi mishra and basgit koeri have been convicted under section 302 of the indian penal code for committing offence of murder of baliram mishra while the remaining appellants, namely, raja mishra, gobardhan koeri, aliyar koeri and sipahi koeri were convicted ..... the form of injured eyewitness claiming not only the presence of appellant ram saehi mishra at the place of occurrence but also ascribing him with specific overt act cannot be disbelieved. 59. thus, the presence of the appellant ram sanehi mishra at the place of occurrence and his participation in the occurrence upon .....
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..... of the 2006 rules which is statutory in nature, it would be clear that the necessity for appointment of panchayat teacher was in view of the amendment in the constitution of india under article 21a for providing free and compulsory education to the children in the age group of six to fourteen years by ..... ignore extraneous consideration, prejudices and predilections and to bring an objective judgment on an issue before him.? (underlining for emhpasis) thus, neither english law nor indian law nor the patna high court rules nor even any precedent can come to rescue mr. giri as with regard to honble the chief justice ..... 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 .....
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..... difficult to conclude that the division bench judgment of this court in the case of ram chandra pansari (supra) has been rendered without the benefit of having noticed the amending act 36 of 1987, the judgment of the supreme court in the case of wassan singh, radha kishan, shyam lal sharma, state of kerala vs. alasserry mohammed etc. ..... in respect of the commodity. it is, therefore, evident that division bench in the case of ram chandra pansari (supra) could not notice the amending act 36 of 1987 whereunder offence under the act is made cognizable as also the supreme court judgments noted above in the case of wassan singh, radha kishan, shyamlal sharma, state of kerala vs. ..... kishan vs. state of u.p.). the supreme court dealing with the issue of illegal search and seizure in context with an offence under section 52 of the indian post office act, 1898 held as follows: 5 ..so far as the alleged illegality of the search is concerned it is sufficient to say that even assuming that the search .....
Tag this Judgment!Court : Patna
..... passed immediately before 3 p.m. on the date fixed for filing nomination would be valid. the very fact that sub-section (3) of section 23 of the 1950 act prohibits any amendment, transposition or deletion of any entry after the last date for making nominations for an election in that constituency is a pointer to the fact that till 3 p ..... the last date for making nomination and whether that question can be gone into by the court when trying an election petition. section 23(3) of the 1950 act provides that no amendment, transposition or deletion of any entry in the voter-list shall be made under section 22 and that no direction for the inclusion of a name in the ..... of the said representation sri singh stated that from perusal of part 29 of the copy of voter-list of 02-gaya graduate constituency given to the representative of the indian national congress party, it would appear that name of the voter has not been mentioned from serial no. 1 to 237 of nawanagar block in buxar district. in the .....
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..... substantial compliance with section 42 or not is a question of fact to be decided in each case. the above position got strengthened with the amendment to section 42 by act 9 of 2001.? 23. because of the fact that due to non-compliance of mandatory provision of law, the trial has become spiteful and on ..... of raid as well as manner whereunder appellant was apprehended. then it has been submitted that during conduction of trial, the prosecution had flouted mandatory provision of ndps act as a consequence thereof, the conviction and sentence recorded by the learned lower court happens to be unjustifiable. 5. at the other hand, the learned additional ..... shall, as soon as may be, allow the application. (4) notwithstanding anything contained in the indian evidence act, 1872 (1 of 1872) or the code of criminal procedure, 1973 (2 of 1974), every court trying an offence under this act, shall treat the inventory, the photographs of narcotic drugs or psychotropic substances and any list of samples .....
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..... writ petition was not maintainable still granted some relief. it was urged before the apex court that the corporation was a company incorporated under the provision of the indian companies act. 56% of the share holding was of union of india and 32% was that of government of andhra pradesh. only 12% was of public. the apex ..... contributed by the state government and the financial institutions controlled and belonging to 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, ..... not interfering with judgment and order dated 04.02.2010 passed in c.w.j.c. no. 12878 of 2003, but later the memorandum of appeal was amended substantively challenging the judgment and order dated 04.02.2010 as passed in the writ petition. after condoning the delay in course of hearing at the stage of .....
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..... limited. 4. the facts are not in dispute. the electricity act, 2003 (hereinafter in brevity 'act') and its subsequent amendments which repealed the indian electricity act, 2010, the electricity (supply) act, 1948 and the electricity regulatory commission act, 1998, while consolidating the law governing and relating to generation, ..... transmission, distribution, trading and use of electricity, made radical changes in the entire concepts. apparently, in conformity with the new act ..... intending to move or had moved the bihar electricity regulatory commission (hereinafter in brevity 'regulatory commission') seeking permission to amend the bid document (rfp). petitioner company represented both to the regulatory commission and the power holding company that while .....
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