Judgment Search Results Home > Cases Phrase: indian coinage act 1906 section 13 coin when a legal tender Court: patna

Prayag Gope Vs. Mrs. Etnal Smart and ors.

Court : Patna

..... not concerned with the other question decided in the aforesaid decision that in such a case the convert could not claim benefit of section 14 of the hindu succession act, since the same applies only to hindus and she was a muslim when the act came into force.16. ..... it does no more that prevent divestment or deprivation of previously acquired or vested rights of property on account of apostasy, and secure to the convert such legal right to inheritance as he or she was possessed of prior to conversion, by a legislative mandate that no provision for confiscation or forfeiture of such rights consequent upon renunciation of religion ..... governed by the provisions of the indian succession act, so that after the death ..... bench are the following :(a) whether the -property, inherited by a christian convert daughter from her deceased hindu father by virtue of caste disabilities removal act 1850 on her death prior to hindu woman's right to property act will pass to the reversioners of her father or to her own christian progeny under the indian succession act? ..... act and the authorities on the subject, i would answer the two questions in the following terms :(a) the property inherited by a christian convert daughter as a daughter estate, which is a life estate, from her deceased hindu father by virtue of caste disabilities removal act 1850, on her death prior to hindu succession act 1956, will pass to the reversioners of her father and not to her own christian progany under the indian succession act. .....

Seth Srenikbhai Kasturbhai and ors. Etc. Vs. Seth Chandulal Kasturchan ...

Court : Patna

..... enter into such agreement: (c) it is violative (if article 14 of the constitution of india; (d) the agreement came into existence because of misrepresentation of facts by the swetambar: (e) the agreement is void under the provisions of indian contract act, indian forest act and bihar land reforms act; (f) the contract is illegal for the reasons that it opposes and is against the public policy and public interest and caused impediment in enforcing the public policy and public interest ..... policy. it has already been mentioned that there was notification under section 29 of the indian forest act just prior to arriving of the agreement and when such gazette notification as per section 29(1) declaring the land to be protected forest then there remained no question of de-reserving it and giving it in management ..... smt. ramlakhandevi) while deciding appoint regarding striking off the defence in an eviction suit under section 11(a) of the bihar buildings (lease rent and eviction) control act held that in a regular appeal arisen out of the judgment and decree in an eviction suit legality or otherwise of the striking off the defence by an interlocutory order can be challenged, if such grounds are taken in ..... have mentioned curlier this coinage of trust was artistically put to have a benefit of retaining the properly under section 4(f) of the act. ..... 1953. that the trust had been a new coinage from the side of the plaintiff-swetambaries can also be found out from the fact that in the year 1920, digambars .....

Guru Charan Singh and ors. Vs. Mahatam Singh and anr.

Court : Patna

..... the explanation made it clear that an agreement or a compromise which is void or voidable under the indian contract act shall not be deemed to be lawful within the meaning of the said, rule. ..... (supra) held that all the question with regard to compromise has to be raised where the matter is in issue and not by filing a separate suit and the remedy available to the person is to prefer an appeal under section 96 of the code in case a challenge is made to a decree which has been recorded on the basis of a compromise. ..... such a right has been given under rule 1a(2) or order 43 to a party, who challenges the recording of the compromise, to question the validity thereof while preferring an appeal against the decree; section 96(3) of the code shall not be a bar to such an appeal because section 96(3) is applicable to cases where the factum of compromise or agreement is not in dispute.11. ..... when section 96(3) bars an appeal against decree passed with the consent of parties, it implies that such decree is valid and binding on the parties unless set aside by the procedure prescribed or available to the parties ..... the apex court further held in paragraph 9 of the judgment that when the decree based on compromise is challenged on the ground that the compromise was not lawful the remedy is available under rule 1a(2) of order 43 of the ..... it is relevant to quote paragraph 9 of the judgment.section 96(3) of the code says that no appeal shall lie from a decree passed by the court with the consent of the .....

Babu Lal Kahar and anr. Vs. the State of Bihar

Court : Patna

..... wife of informant awoke and appellant babu lal then put that child on another cot on which already another child was sleeping and he alongwith appellant bisheshwar and kailash also entered the room and when wife of informant tried to raise alarm, co-accused kailash puri pressed her mouth and, thereafter, all the three appellants and co-accused kailash puri committed rape on her one by one and, thereafter, appellants babu ..... we are quite aware of the legal position that if presumption as stated in illustration (b) to section 114 of indian evidence act is raised in that case an accomplice, unless he is corroborated in material particulars, will remain unworthy of credit and the corroboration in such type of cases will be required for material particulars and it need not consist of evidence which itself is ..... , he was in the farm of balbhadra babu in village ektara where bisheshwar pun (not examined) came and informed him that this wife had been killed and on this information when he came to his house in village sikaria, he found wife sumitra devi lying dead on a cot and he then sent information to police station through dafedar and on the same date at about 1-1.30 p.m. ..... 1) filed a petition before court for treating him as an approver and for pardon under section 307, code of criminal procedure and state also filed a petition for treating him as an approver and tendering him pardon. ..... his prayer was allowed and he was tendered pardon. ..... 7) is a tendered witness. .....

Anita Ruby Paul Vs. Sandeep Paul and anr.

Court : Patna

..... prove the ground of desertion against each other and to some extent cruelty to each other and when the grounds of desertion and cruelty remained, although, not available independently without the charge of adultery, yet on discriminatory ground as contained under section 10 of the indian divorce act, i held that present case is a fit one to grant the decree of divorce. ..... in this case, petitioner is the wife and she had filed the petition for divorce under section 10 of the indian divorce act seeking divorce on the ground of adultery coupled with cruelty and desertion.15. ..... section 10 of the indian divorce act runs as follows:when husband may petition for dissolution-any husband may present a petition to the district court or to the high court, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization there, been guilty of adultery.when wife may petition for dissolution-any wife may present a petition to the district court or to the high court, praying that her marriage ..... due to the sense of sacramentalism as the marriage under the indian divorce act are usually done in church but the same make a discriminatory with other indian citizens as contemplated under the constitution of india and i feel that the legislative authority must think in the light of the inclusion of dissolution of marriage by mutual consent between the christian spouses also, when it is found that it is impossible to lead a conjugal life by christian spouses for various .....

Kameshwar Choudhary and Etc. Vs. State of Bihar and ors.

Court : Patna

..... 1983 the petitioner became an adjoining raiyat of the land sold under the first sale deed dated 5-7-1982, even if the registration of the second sale deed was completed only on 22-1-1985, by operation of section 47 of the indian registration act, which operated from a time from which it would have commenced to operate, if no registration thereof had been required or made, and not from the time of its registration ..... we may notice that section 16(3) of the act in terms provides that when any transfer of the land is made after the commencement of this act to any person other than a co-sharer or a raiyat of adjoining land, any co-sharer of the transferor or any raiyat holding land adjoining the land transferred, shall be entitled, within three months of the date of ..... moreover, it is rightly submitted by the counsel for the petitioner that this would involve a question of fact as to when the consideration money was paid, and whether the same was done before filing of the : pre-emption application or thereafter.under these circumstances, we are not inclined to permit the petitioner ..... . 5) has submitted that the matter should be remanded to the court below to investigate the question as to when the title passed under the second sale deed, and whether payment of the consideration amount was made before filing of ..... it was contended on behalf of the petitioner that a sale is complete when a sale deed is executed by the vendor and the vendor has no right in law to rescind or revoke the sale deed .....

Manoj Kumar Sharma Vs. the State of Bihar and ors.

Court : Patna

..... the court while dealing with the confiscation of vehicle under section 56(2a) of the forest act somewhat similar to the provisions of section 52(3) of the indian forest act as amended by bihar act 9 of 1990 was pleased to observe, to quote:-- 'thus if in a particular case the authority may not feel satisfied that confiscation of the vehicle is demanded, keeping in view of the magnitude of the offence, but the ..... a forest officer-- (a) to accept from any person against whom a reasonable suspicion exist that he has committed any forest offence other than an offence specified in clauses (c) and (d) to section 26 clause (c) and (d) to section 33 or section 62 or section 63, sum of money by way of compensation for the offence which such person is suspected to have committed, and(b) when any property has been seized as liable for confiscation, to release the same on payment of the value thereof as estimated by such officer. ..... 687 (pat) (db)] wherein it has been held as follows:-- '...however, clause (b) to sub-section (1) of section 68 specifically says that when any property has been seized as liable for confiscation, to release the same on payment of the value thereof as estimated ..... shukla alternatively submits that even if the truck of the petitioner is liable for confiscation but such an order can be passed only when there are materials to show that the petitioner had any knowledge of the forest produce being transported illegally, in absence thereof the orders of confiscation are .....

Satish Kumar Singh @ Situ (C-2 Singh) @ Ashok Kumar Singh Vs. State of ...

Court : Patna

..... fir was lodged under sections 452, 387, 307 and 304 of the indian penal code and section 27 of the arms act and charge-sheet was likely to be submitted regarding this case against the petitioner.the second incidence is said to have happened on 19.6.1995 when kunal basu of north office para with his staff was present in aradhana apartment in connection with construction of ..... mustakmiyan (supra) the supreme court had the occasion to deal with the word 'habit' while interpreting clause (c) of section 2 of the gujarat prevention of anti-social activities act, 1985, section 2(c) of he said act reads as under:dangerous person means a person who either by himself or as a member or leader of g gang habitually commits or attempts to commit or abates the commission of any offence punishable under chapter xvi and chapter xvii of ..... allegation is made that the order of detention was issued in a mechanical fashion without keeping present to its mind the question whether it was necessary to make such an order when an ordinary criminal prosecution could well serve the purpose, the detaining authority must satisfy the court that question too was borne in mind before the order of detention was made ..... dayal, has contended that the reasons for detaining the petitioner-detenu in exercise of powers under section 12(1) of the act is legal and valid inasmuch as from the grounds of detention it is clear that the petitioner is a habitual offender who commits or abets commission of such offences and he is an .....

Sunderdas Haridas Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)67ITD89(Pat.)

..... it is true that at the time when section 16(3)(a)(iii) of the indian income-tax act, 1922 was enacted, the definition of "income" did not include "capital gains" but capital gains having been brought within the meaning of "income" in section 2(6c) the expression "income" as used in section 16(3)(a)(iii) must be construed according to the amended definition of the word and would, therefore, include capital gains. ..... the reserve bank of india has given an elaborate circular dated 11-2-1987 for the computation of long-term capital gains of an non-resident indian for enabling the banks or foreign exchange dealers to deduct tax at source as required under clause (iia) of section 204 of the it act and a copy of the circular may be seen at page - 5126, vol. ..... capital gain was not included in the definition of term "income" in the indian income-tax act, 1922 prior to amendment of section 2(6c) and insertion of new section 12b relating to capital gains the above was done under entry 54 in list i of the seventh schedule of the government of india act, 1935. ..... as we have already mentioned, the scheme of the act particularly in respect of tds as applicable to non-resident indians was not brought to the notice of the delhi bench of the tribunal when they decided the case considered supra. .....

Munna Singh and anr. Vs. State of Bihar

Court : Patna

..... 219/97 dated 29-8-1997 was registered under section 302/34 of the indian penal code and 27 of the arms act in which petitioners munna singh and arun singh are named as accused in the first information report, besides amir singh and ranjit singh; the police, after investigation, submitted charge sheet dated 18-3-1998 against the aforesaid two persons under section 302/34 of the indian penal code and 27 of the arms act but kept the investigation pending in respect ..... thus, once the sessions court takes cognizance of the offence pursuant to the committal order the only other stage when the court is empowered to add any other person to the array of the accused is after reaching evidence collection when powers under section 319 of the code can be invoked. ..... this would be further evident from the fact that power to direct further enquiry is available under section 398 of the code, when the complaint has been dismissed. ..... from a plain reading of section 319 of the code, it is evident that the power to summon to face trial of any person not being the accused can be exercised when from the evidence it appears that such person had committed the offence. ..... such course is all the more necessary in the instant case when expressions on merit have extensively been made in the orders of the magistrate, the court of session and that of the high court. .....