Court : Patna
..... during that period he can exercise the power of remand either under section 309 of the code or under section 209(a) of the code after its amendment by act 45 of 1978 which clearly provides that during the commitment an accused can be remanded to custody subject to the provision of bail. this ..... take cognizance was satisfied that case is triable exclusively by the court of session. the moment a formal order of taking cognizance for offence under section 307 of the indian penal code is passed and only thereafter the case appears to have been transferred to the court of shri gupta, judicial magistrate, to fulfill remaining part of the ..... the orders of the trial court as well as revisional court, it is crystal clear that after submission of charge sheet for the offence under section 307 of the indian penal code besides others, the chief judicial magistrate after taking cognizance transferred the case to the court of magistrate, 1st class, to complete remaining requirements as contemplated under .....
Tag this Judgment!Court : Patna
..... etc. v. smt. yasmin banu ansari, and reported in air 2004 karnataka, 246.6. learned counsel for the opposite party has further contended that the provision of the amending acts of 1999 and 2002 specifically provided under section 32(l) and section 15(l) respectively that only when a written statement is filed before coming into force of the aforesaid ..... statement immediately after 1-7-2002 on which date the code of civil procedure amending act of 2002 came into force and filed the written statement about ten months thereafter on 21-4-2003, which was much beyond the period of 90 days prescribed in ..... concerned. he has further averred that the said rule is a procedural provision and hence it will be effective in the suit instituted prior to coming into force of amending act of 2002. hence, he has submitted that admittedly the defendant petitioner had received notice of the suit on 3-5-2001, but he did not file any written .....
Tag this Judgment!Court : Patna
..... competent officer for 2 kilowatt and the bills have been annexed as annexures 2 and 2/1. in this connection attention has been drawn towards section 152 of the indian electricity act which lays down as follows:152(2); on payment of the sum of money in accordance with sub-section(1) any person in custody in connection with that ..... the code itself for under it abstraction of energy is not an offence at all.section 39 did not extend section 378 of the code in the sense of amending it or in any way altering the language used in it. section 378, read by itself even after the enactment of section 39, would not include a theft ..... mr. sudama prasad and mr. jitendra prasad the theft of power by taking connection with overhead wire was being done. the aforesaid persons were indulged in the said illegal act. it was also found that obstruction, consumption or use of electricity has been dishonestly caused by such consumers. allegation is that the petitioner used or attempted abstraction or consumption .....
Tag this Judgment!Court : Patna
..... said order, which was done by the impugned order in appeal before the learned single judge.5. the appeal was filed under section 299 of the indian succession act (for short 'the act'), which runs as follows :-'299. appeals from orders of district judge.-every order made by a district judge by virtue of the powers hereby conferred upon ..... high court in accordance with the provisions of the code of civil procedure, 1908, applicable to appeals.'6. section 100a of the code brought by way of recent amendment runs as follows :- ''100-a. no further appeal in certain cases.-notwithstanding anything contained in any letters patent for any high court or in any instrument having the ..... a high court, no further appeal shall lie from the judgment and decree of such single judge. so, in view of this non-obstante clause, after the new amendment, even if there is no express prohibition limiting the letters patent appeal or there is a provision of a letters patent appeal, further appeal is barred from the .....
Tag this Judgment!Court : Patna
..... dictates of another even if they be higher in administrative hierarchy.47. further, no such general direction can be given for the motor vehicles act is, as noted above, an act to consolidate and amend law in relation to motor vehicles. it is, thus, a comprehensive law on the subject. it creates statutory liabilities and duties and ..... that he had the requisite reason to believe goes contrary to his submission for the apex court has noted in paragraph-5 of the said judgment as 'under the indian penal code penal law, guilt in respect of almost all the offences is fastened either on ground of 'intention' or 'knowledge' or 'reason to believe'. ..... noticing that repeated summons to respondent no. 2 (dto ) remained unresponded, the learned court took cognizance against respondent no. 2 for an offence under section 379 of indian penal code. immediately thereafter on 18.06.2007, respondent no. 2 responded not by filing any application but sending a memo to the chief judicial magistrate, inter alia .....
Tag this Judgment!Court : Patna
..... impart teaching and training in the faculty of medicine. these are indian medical council act, 1956 (hereinafter central act), as amended by the indian medical council (amendment) act, 1993, an act made by the parliament, state regulation act and state university act. the central act has been made under entry 66 of list i read with entry ..... 26 of list iii and the state act has been made under entry ..... examining the relevant statutory provisions as noted above, including sections 10a, 10b and 10c of the indian medical council act is inserted by the indian medical council (amendment) ordinance, 1993, and the succeeding act incorporating the said provisions, has held that the private medical institutions so far not affiliated or recognised .....
Tag this Judgment!Court : Patna
..... , bill or challan issued to him by the dealer from whom he purchased or received the said scheduled goods supported by declaration in the form or manner prescribed.11. the act has been amended by amendment act of 2001, by which a proviso was added to definition of entry of goods as defined under section 2(c) of the ..... levy tax and collection of tax on entry of goods into local areas for consumption, use or sale therein. entry of goods defined under section 2(c) of the act prior to amendment means the entry of goods into a local area from any place outside that local area or any place outside the state for consumption, use or sale therein. the ..... provided that if the importer of the three scheduled goods, namely, indian made foreign liquor, cement, vegetable hydrogenated oil, is liable to pay tax under the act and is also liable to pay tax under the bihar finance act by virtue of sale of such goods, his liability under the finance act shall be reduced to the extent of the tax paid under the .....
Tag this Judgment!Court : Patna
..... retrospective so as to cover even those juveniles who have seized to be so on or before the date of commencement of the amendment act and a claim of juvenility shall be recognised at any stage, even after final disposal of the case. in view of sub-section (2) of section 7a we are required ..... . hence the claim of the witnesses regarding identification of maheshwar singh is also doubtful and not fit to be accepted.16. so far as charge under section 412 of the indian penal code in respect of appellant maheshwar singh is concerned, it has been shown from the seizurelist that a plain dhoty without any special marks of identification were recovered from ..... singh (cr.appeal no. 643 of 2005) and appellant mintu kumar @ mintu singh (cr.appeal no. 763 of 2005) have been convicted for the offence under section 396 of the indian penal code. appellant maheshwar singh has been further convicted under section 412 i.p.c. but for that no separate sentence has been awarded to him. co-accused ramesh singh .....
Tag this Judgment!Court : Patna
..... stayed by the prda was patently illegal.9. the bihar municipal act (hereinafter referred to as 'the act') was promulgated in the year 2007 under the constitution (seventy-fourth amendment) act 1992. by virtue of section 488 of the act the bihar regional development authority act, 1981, stood repealed. this court had called for the original ..... -maker that it will not be withdrawn without giving him first an opportunity of advancing reasons for contending that it should not be withdrawn.21. the indian scenario in the field of 'legitimate expectation' is not different. in fact, this court, in several of its decisions, has explained the doctrine in ..... plan. section 36 requires even the state government to seek sanction of the proposed construction. by law 4, framed by the prda under the aforesaid act prohibits the state government from making any construction without first obtaining sanction of the plan from the authority. notwithstanding the aforesaid statutory provisions, which admittedly .....
Tag this Judgment!Court : Patna
..... form-xiv. the law underwent a change in the year 1993, where section 32a has been inserted by the legislators. by virtue of the amendment to the act made in the year 1993 section 32a was introduced, which is reproduced here for ready reference: 32-a - payment of compensation - if ..... as to fix the consequences arising out of such breach. keeping in mind the object and purpose of the provisions laid down by amendment in section 32-a which is to protect the farmers by begetting them compensation, mere absence of the agreement will not take away ..... quantified to the extent of rs. 4,72,677/-.7. aggrieved by this order, the petitioner filed an appeal under section 32(5) of the act before the secretary, sugarcane, government of bihar, respondent no. 2. the appeal was registered as appeal case no. 4/1999. the appellate authority ..... ajay kumar tripathi, j.1. petitioner, a registered company under indian companies act seeks quashing of the order dated 7.7.1999/9.7.1999/10.7.1999 passed by the secretary, .....
Tag this Judgment!