Court : Patna
Chandramauli Kr. Prasad, J.1. Both the appeals under Clause 10 of the Letters Patent have been preferred against the common judgment dated 2.4.2002 passed by a learned Single Judge of this Court in CWJC No. 13816 of 2001; Dr. (Mrs) Sheela Sharma v. The State of Bihar and Ors. and as such, they were heard together and are being disposed of by this common judgment.2. To put the record straight, LPA No. 171 of 2003 has been filed by the State of Bihar and is barred by limitation. However, an application for condonation of delay is filed and by order dated 5.3.2003, the limitation petition was directed to be considered at the time of admission. In the limitation petition, the State of Bihar has stated the reasons which caused delay in filing the appeal, which grounds, according to the contesting respondents, are not sufficient to condone the delay. Validity pf the order has necessarily to be gone into in the other letters patent appeal and, as such, we are not inclined to dismiss the lett...
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J.N. Bhatt, C.J.THE MAIN PROPOSITION IN FOCUS1. The Sole issue, which is brought into focus by the petitioner, in this petition, by invocation of the Constitutional Writ remedy under Article 226 of the Constitution of India for our consideration and adjudication, has been 'as to whether the order of compulsory retirement recorded against the petitioner, who was working at the relevant time, as District & Sessions Judge, in the Superior Judicial Service, in the State of Bihar, in terms of the provisions of Rule 74(b)(ii) of the Bihar Service Code, 1952 (Bihar Code) and denying him the benefit of the extended age from 58 to 60 years, passed by the State Government under the order of the Governor and on the recommendation of the High Court, upon exercise of Administrative wisdom and Jurisdiction, in terms of the constitutional powers, under Article 235 of the Constitution of India, requires any interference by this Court under Article 226 of the Constitution of India ?2. Thus, shortly st...
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S.J. Mukhopadhaya, J. 1.The controversy relating to reservation in the matter of education and service, which started since 1951, was ultimately set at rest in the end of 1992, by the Supreme Court in Indra Sawhney v. Union of India, AIR 1993 SC 477.Immediately thereafter, by the Constitution's (73rd Amendment) Act, 1992, a new principle of reservation has been laid down under Article 243D of Constitution of India, in the matter of Panchayat election. The Respondent-State of Bihar then came out with Bihar Panchayat Raj Act, 1993 (for short 'Panchayat Act, 1993') The aforesaid Constitutional Amendment and Panchayat Act, 1993 have now given rise to the new controversy relating to 'reservation in Panchayat election'. By the aforesaid 73rd Amendment of Constitution, followed by Panchayat Act, 1993, a new Provision has been laid down, reserving seats in favour of Scheduled Castes, Scheduled Tribes and Backward class persons, in the matter of Panchayat election. As to whether such reservat...
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..... to injuries, they left the place and while going they also fired in air. shri krishna singh (pw-18) at that time was posted as sub inspector of police at bibhutipur police station under the jurisdiction of which the village of informant lies. on 5-11-1985 at about 8.10 p.m. he received information about firing in the ..... the informant, prepared inquest report (ext. 5), recorded the statements of informant and krishnadeo daha (pw-11) and because thereafter the electric power went off he returned to the police station where he drew fir (ext. 1) and again on the next day in the morning he went to the place of occurrence, seized blood stained earth, front portions of ..... the dead body for post mortem examination and re-examined the informant and recorded statements of pw-11 krishnadeo daha. thereafter electric light went off so he came back to police station, drew formal fir (ext. 1) and on the next day in the morning he again went to the village inspected the place of occurrence and recorded the .....
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..... alias summad shikharji and also in the temple, tonks, shrines, dhramshala, rest houses and other constructions over the same. admittedly, the hill parasnath alias summed shikhurji is situated within pirtand police station of giridih district under the state of bihar. 3. before narrating the claims and counterclaims made by the two sects of the jain communities, it would be desirable to .....
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..... etc., surfaced, which had some political overtures. some of the offences were found committed by professional gang of criminals making it extremely difficult for the general police force of a state to investigate such complex offences. in the above background, the provision was made that on proposals being submitted by any state government ..... to investigate corruption cases by virtue of being vested with the powers to investigate the cases as per sections 5 and 6 of the delhi special police establishment act. with democracy being established and political ambitions and conflicting political or other interests getting a rise, instances of commission of serious offences, like ..... was promulgated in 1943, which was to expire on 30th september, 1946. therefore, in the same year a full-fledged act known as delhi special police establishment act was enacted. corruption at its initial stage was confined mainly to the bureaucracy which had the opportunity of dealing with a variety of such largesse .....
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..... taken into custody. however, he moved the sessions court against the cancellation of his bail and was again admitted to bail. during investigation of that case, the police recorded the statements of four witnesses who were, however, willing to make statements only on the condition of anonymity, fearing retaliation from the detenu in case they ..... the knowledge about the subjective satisfaction of the district magistrate on whom the power is conferred by the act. the report submitted by the dy. superintendent of police and the sr. s.p., ranchi to the district magistrate. ranchi wherein it has been specifically stated that it was apprehended that the petitioner who is at ..... prayer for bail before the court of law. if this be the position, the court will be justified in coming to the conclusion that as because the police has failed to perform its statutory duty by collecting evidence against the detenu-petitioner, in order to overcome its own failure, the sponsoring authorities have suggested the .....
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..... witnesses, as it appears from the record, are all from the village of the accused persons. although it seems that they had supported the prosecution case before the police during the course of investigation, they have now resiled away but unfortunately as the investigating officer could not be examined, their statements made under section 161 of the ..... they had supported the prosecution case but they denied to support it before the trial court and they have been declared hostile and their statements made before the police under section 161 of the code of criminal. procedure were brought on record by way of cross-examination from the prosecution side, but those contradictions could not ..... i.e., 22.5.1989 under sections 498a/302/34 of the indian penal code read with sections 3 and 4 of the act. after investigation, the police submitted charge-sheet under the aforesaid sections against all the accused persons. the case was committed to the court of sessions in due course and then charges were .....
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..... in particular they shall supervise the investigation of cases enumerated in appendix 3, all cases presenting difficulty and all cases in which the conduct of the subordinate police is in any way unsatisfactory by going to the spot at all stages of the investigation, whenver possibly, without undo detriment to touring, inspection or other ..... of application of other sections of the group.34. learned counsel for the appellants has also urged that this case has beek supervised by the higher police officers and the supervision note has been prepared and on the , basis of the supervision note when cross-examination was being done objections were raised and ..... something adverse to the witness unless his attention is specifically drawn to. secondly, the records contain unimpeachable evidence to the contrary. apart from the records of the police station, the panchanama (ex. ka-7) to which ramesh chandra dube (dw 1) has admittedly appended his signature shows that the reporting time of crime was .....
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..... into custody. however, he moved the sessions court against the cancellation of his hail and was again admitted to bail. during investigation of that case, the police recorded the statements of four witnesses who were, however, willing to make statements only on the condition on anonymity, fearing retaliation from the detenu in case they ..... the knowledge about the subjective satisfaction of the district magistrate on whom the power is conferred by the act. the report submitted by the dy. superintendent of police and the sr. s.p., ranchi to the district magistrate, ranchi wherein it has been specifically stated that it was apprehended that the petitioner who is ..... altaf khan were apprehended alongwith their motor cycle by the people assembled there. the petitioner is alleged to have confessed his crime before the public. the police reached in the meantime and took the charge of the detenu and his associates, recovered fire arms and cartridges. this incident of firing created terror and hue .....
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