Judgment Search Results Home > Cases Phrase: insecticides act 1968 section 26 notification of poisoning Court: patna Page 2 of about 24 results (0.051 seconds)

Samtul Dhobi and anr. Vs. State of Bihar

Court : Patna

..... thus they have strong motive to kill the deceased and to make murderous attack on pw 4. moreover gandasa was recovered pursuant to a-3, statement under section 27 of evidence act leading to its discovery and it contained human blood though blood groap could not be detected due to disintegration. the two incised injuries each on the persons ..... that he by shouting directed the other accused persons to beat the deceased and other prosecution witnesses. and it is for this positive act that he was independently charged with the aid of section 114 ipc. this charge has been held to be proved as he has been acquitted from this charge by the high court and ..... with goji, remaining throughout at the place of occurrence and then, running away together, it is well made out from the evidence. section 34 ipc can be applied only when there is criminal act dope by several persons in furtherance of common intention. so, the physical presence and participation in the commission of the offence preceded by .....

Satish Sah and ors. Vs. State of Bihar

Court : Patna

..... such presence of those who in one way or the other facilitate the execution of the common danger, is itself tantamount to actual participation is the criminal act. the essence of section 34, is the simultaneous consensus of the minds of persons participating in the criminal action to bring a particular result. such consensus can be developed at, the ..... delay of 7 1/2 hours in the filing of the first information report. appellant satish sah has been acquitted of the charge under section 27, of the arms act and so, the case under section 302, ipc is not made out. to appreciate these contentions of the learned counsel for the appellants, the evidence will have to be ..... supreme court has observed at page 325 (of air) at p. 409 of cri. lj (para 15) as follows : like section 149, section 34 also deals with cases of constructive criminal liability. it provides that where a criminal act is done by several persons in furtherance of the common intention of all, each of such person is liable for that .....

Sanjeev Kumar Vs. State of Bihar

Court : Patna

Reported in : 2010CriLJ482

..... and die. it is alleged that the deceased thereafter went home in a dejected mood, and committed suicide. the trial court framed charge under section 306 of the indian penal code, linking act of commission of suicide as an out come of verbal dual and utterances of appellant.10. the hon'ble apex court set aside the framing ..... purview of section 306 of the indian penal code and would be punished accordingly.17. the decisions ..... of that thing; orthirdly.- intentionally aids, by any act or illegal omission, the doing of that thing.15. thus, a person would be accused of abetting an offence, if his act or omission would come within the purview of any of the circumstances enumerated in the provision.16. the section states that one who abets suicide would come under .....

Reckitt Benckiser (India) Limited Vs. State of Bihar and ors.

Court : Patna

..... to concealment of the particulars and therefore the department is justified in applying the provisions of section 20(l)(a) of the act.6. it was also submitted before the court that the products in which the petitioners are dealing are in fact insecticide/pesticide which will attract only 4 per cent tax and the department is absolutely unjustified in ..... assessment and pay the tax on that basis would in fact be asking the assessee to do the near impossible.9. it would be useful to refer to section 20 of the act which reads as under :'20. escaped turnover detected before assessment.-(1) if the prescribed authority in the course of any proceeding (or otherwise) under this part ..... final assessment orders.17. for the reasons stated above we are of the considered opinion that present was not a stage where an action under section 20(l)(a) of the act could be taken. section 20(l)(a) is to be applied to an exigency or a situation where the assessing officer forms an opinion that there is a .....

Bihar Rajya Zila Parishad Abhiyantran Seva Sangh and ors. Vs. Raj Deo ...

Court : Patna

..... extension) : (i) promotion and development of agricultures and horticulture;(ii) maintenance of agricultural seed farms and horticultural nurseries;(iii) storing and distribution of insecticides and pesticides; (iv) propagation of improved methods of cultivation;(v) promotion of cultivation and marketing of vegetables, fruits and flowers;(vi) training of farmers ..... by such committee, to the government of the state.12. the district planning committee is referred to in the bihar panchayat raj act, 1993 in section 134, this section is reproduced : 134. district planning committee.--(1) the government shall constitute in every district a district planning committee to consolidate the ..... development plan, as recommended by such committee to the government 13. the district planning committee in the bihar municipal act, 1922 is referred to in section 51-b. this section is reproduced :51-b. committee for district planning.--(1) there shall be a district planning committee to consolidate the .....

Godrej Saralee Ltd. Vs. State of Bihar and ors.

Court : Patna

..... as to whether the product of the petitioner is to be taxed at the rate of 4 per cent by treating it as insecticide or 8 per cent by treating it as falling under unspecified head in the tariff schedule. the other question for consideration is as ..... to this court in exercise of writ jurisdiction.8. in the present case, the orders of assessment have been passed under section 17(2) of the act. in c.w.j.c. nos. 2019 and 2022 of 2003, dr. debi pal has argued that there is controversy ..... .j.c. no. 2019 of 2003 has been filed challenging the orders of assessment dated january 2, 2003 passed under section 17(2) of the bihar finance act, 1981 for the assessment year 2001-2002 (as contained in annexure 11 series). c.w.j.c. no. 2022 ..... 3. admitted fact is that remedy of appeal and revision is available to the petitioner against the impugned orders under the provisions of the act.4. mr. r.k. dutta, learned counsel appearing on behalf of the state raised a preliminary objection that in view of availability .....

Dr. (Mrs.) Shushma Pandey Vs. State of Bihar

Court : Patna

..... not open-to the direct recruits to reagitate this point. although by reason of the explanation which was inserted in section 141 of the code of civil procedure, 1908, by the code of civil procedure (amendment) act, 1976, section 11 of the code does not in terms apply to any proceeding under article 226 of the constitution, the principle ..... it is presumed that the legislature made no mistake when it omitted to use these words. it is presumed that the legislature intended what it said, namely, that section 32-g is to apply wherever any amount is found due to the financial corporation.37. there is no difficult in accepting the broad submission advanced by mr. ..... 's claim is barred by the principles of resjudicata vide daryao v. state of u.p : [1962]1scr574 , and virudhunagar steel rolling mills v. government of madras : [1968]70itr726(sc) .47. reliance has also been placed on a decision of the supreme court in the case of mysore state road transport corporation v. babajan conductor and anr. : .....

Dr. Kishore Kumar and ors. Vs. State of Bihar and ors.

Court : Patna

..... controversy.4. the state government and the magadh university are engaged in the preparation of the annual budget for the university as required under sections 45 to 54 of the bihar universities act, 1976. the exercise for preparation of the annual budget, which is undertaken after a gap of about a decade and a half, ..... groundunt oil mill contractors co. etc, v. state of andhra pradesh and ors. : [1972]1scr346 para 9 and (iii) tribhovandas purshottamdas thakkarv. ratilal motilal patel : [1968]1scr455 .25. now i find it difficult to follow, much less appreciate, the criticism that the third order was in breach of the binding precedent of the second order. ..... is to draw the limit of its financial liabilities towards the university insofar as the petitioners are concerned. in terms of sections 46, 48 and other allied provisions of the bihar state universities act, the state government has financial obligations towards the universities in this state and it is in the discharged of those obligations .....

Smt. Rambha Sinha Vs. the State of Bihar and ors.

Court : Patna

..... that the provisions under consideration are neither unworkable nor ambiguous or vague to attract the aforesaid doctrine for interpretation.24. mr. jha feebly suggests that provisions of section 44(4) of the act requiring seven clear days notice is directory in nature and even it if it is held that the notice did not conform to the aforesaid requirement, the ..... has provided for seven clear days notice so as to enable the elected representatives to deliberate and defend the motion. in my opinion, if the provisions of section 44(4) of the act is held to be directory, same, in given case, will not provide to the office bearer sufficient time convince the member the futility of the no confidence ..... computation.'20. the aforesaid view has been reiterated by the supreme court in the case of jai charan lal anal v. the state of u.p. and ors., air 1968 sc 5, wherein it has been held as follows :--'it is no doubt true that where the expression is 'not less than so many days' both the terminal days .....

Kalpana Rani Vs. the State of Bihar and Others

Court : Patna

..... 715, wherein it has been held as follows:- 14. the order 1973 was issued by the governor of bihar in exercise of the powers conferred on him by section 3 of the act read with orders of the government of india, ministry of agriculture (deptt. of food) no. g.s.r. 316(e) dated 20th of june 1972, g ..... pandey. the relevant paragraphs are reproduced for convenience: 10. the government of bihar, in exercise of power conferred by article 243q of the constitution and by section 146 of the bihar panchayat raj act, 2006 framed the bihar panchayat elementary teacher (employment and service conditions) rules, 2006 (hereinafter referred to as the rules). under rule 3 of the rules, ..... hence it cannot have the status of an act or regulation. hence the provisions of order 1973 cannot be said to continue even after it was rescinded. 15. i am fortified in my view by unreported division bench decision of this court in cr. miscellaneous no. 1170 of 1968 (mohanlal chhapolia vs. the state of bihar) in which .....