Judgment Search Results Home > Cases Phrase: inevitable accident Court: patna Page 1 of about 76 results (0.222 seconds)

Rati Devi and ors. Vs. Mantu Sahu and anr.

Court : Patna

..... . the present inevitable accident was an accident which could not have been avoided by the driver of the vehicle by the use of the kind and degree of care necessary to the exigency and in the circumstances he was placed.8 ..... it was the duty of the claimants to connect the act or omission on the part of the driver of the vehicle with the accident to show that he was negligent.6. ..... , while the truck was moving slowly and in that attempt fell down and crushed by the left rear wheel of the truck.7. it was, therefore, negligent act of the deceased which was responsible for the accident in question .....

Danmal Sharma and ors. Vs. the State of Bihar and ors.

Court : Patna

..... of the facts that there are several business establishments such as shops, petrol pump and if the respondents are allowed to construct shops by the side of the roads the road would become narrow and accidents may also take place and thus, would be endanger to the life and safety of people.on this road there is one jain temple, where people of jain sect. ..... where power had been given to run a railway, it was held that this inevitably implied some interference with the comfort of individuals by way of noise, vibration and smoke, but the power to erect a small post hospital was held not to imply authority to erect it in such a place as to interfere with ..... in deciding whether statutory authority to exercise a power justifies interference with private rights the old criterion was whether interference was the inevitable consequence of the act which parliament bad authorised. ..... by this policy which is adopted by the respondents, the road side lands can be saved from the encroachment, town can be beautified, poor hawkers/vendors will get places for their business and road accidents can be avoided, rush on roadside can also be avoided. ..... reference would not become narrow and in fact, as the vendors/hawkers may install their business at a particular place, the same would help in removal of hindrances to the passage as a result of which chances of road accident would be minimised. ..... the respondents, in fact they want to save the road from illegal encroachment as also to avoid rush and accident.7. .....

Amar Singh Vs. Baliram Singh

Court : Patna

..... provision where delay in presentation is unavoidable - (1) if, owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in india is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the registrar, in cases where the delay in presentation does .....

Ahmad Ali Akhtar and anr. Vs. Union of India (Uoi) and anr.

Court : Patna

..... -(e)-whereas sri sirajul hasan, amir of the jammat-e-islami-hind (hereinafter referred to as jeth) declared in a meeting at delhi held on the 27th may, 1990 that the separation of kashmir from india was inevitable:and whereas shri abdul aziz, naib-amir of jeih, addressing a meeting at malerkotla on the lit august, 1991 observed that the government of india should hold plebicite on kashmir ;and whereas jeih has been disclaiming ..... chief justice patanjali sastri reiterated that in evaluating such elusive factors and forming their own conception' of what reasonable, in the circumstances of a given case, it is inevitable that the social philosophy and the scale of values of the judges participating in the decision would play an important role.in this case it was also pointed out as follows:hence, both the restrictions or limitations on ..... in evaluating such elusive factors and forming their own conception of what is reasonable, in all the circumstances of a given case, it is inevitable that the social philosophy and the scale of values of the judges participating in the decision should play an important part, and the limit to their interference with legislative judgment in such cases can only be dictated ..... 201 to the follwing effect;it must inevitably happen from time to time that legislation, though purporting to deal with a subject in one list, touches also on a subject in another list, and the different provisions of the enactment may be so closely interwined that blind adherence to .....

Rana Abhai Singh Vs. the Hon'ble High Court of Judicature at Patna and ...

Court : Patna

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 stating, the petitioning judicial officer has invited a legal battle between the exercise of constitutional power under article 235 and constitutional duty under article 226 of the constitution of india in this petition for our consideration and judicial adjudication.prefatory-background3. in order to appreciate the merits of the petition, at the instance of the petitioner, one mr. rana abhai singh, district judge, who came to be compulsorily retired by virtue of a notification bearing no. 4198, .....

Competent Authority (Acquisition) Vs. Smt. Lalita Todi and ors.

Court : Patna

..... the material elements which ought to be taken into consideration in transfers of immovable property of the instant nature must inevitably embrace within them the considerations of a reasonable purchaser. .....

Competent Authority (Acquisition) Vs. Smt. Lalita Todi and ors.

Court : Patna

..... the material elements which ought to be taken into consideration in transfers of immovable property of the instant nature must inevitably embrace within them the considerations of a reasonable purchaser. .....

Kamla Construction Co., a Partnership Firm Through Sri Ram Charitra Si ...

Court : Patna

Reported in : 2010(58)BLJR84

..... if petitioner is aggrieved by any such deductions it will have its remedies as provided in law but this will not inevitably lead to resumption of work by petitioner. .....

Dipak Kumar @ Dilip and Another Vs. the State of Bihar

Court : Patna

..... however, merely because a person did not give passive resistance it cannot mean his helpless resignation on face of inevitable compulsion cannot be deemed as consent and hence the only conclusion relevant is that she was kidnapped and kept under barrier and was raped against her will by the appellant shankar sao. 23. .....

Ajay Kumar @ Sanjay Kumar Vs. the State of Bihar and ors.

Court : Patna

syed md. mahfooz alam, j.1. this miscellaneous appeal is directed against the order dated 15.7.1996 passed by the learned district judge, gaya in insolvency case no. 3/95 whereby the learned district judge has been pleased to reject the prayer of the appellant for being adjudged as insolvent.2. the submission of the learned advocate of the appellant is that the impugned order is illegal and against the materials available on record and as such, the same requires interference.3. before examining the points with regard to the correctness of the finding of the court below, i would like to state the case of the respective parties.4. the case of the appellant, in brief, is that in the year 1981 the appellant started a wholesale business of vanaspati and edible oil in the name and style of m/s sheo shakti trading company and had obtained sales tax and cess tax registration from the commercial tax department. however the appellant sustained heavy loss in the business as a result of which huge amount of sales tax became due with the appellant. as per assessment done for the year 1981-1982 to 1985-86 by the commercial tax department, a sum of rs. 67,84,850/- besides interest on account of the sale tax became due with the appellant as the appellant was not in a position to pay the tax on account of the heavy loss in the business. after surrender of registration number and on account of heavy loss in the business of vanaspati and edible oil, the appellant closed the said business of .....