Court : Patna
..... many persons are often found falling ill by loosing their memory on account of taking modak, the main ingredient of which is bhang, i.e. .....
Tag this Judgment!Court : Patna
..... i have no manner of doubt that the defendant (respondent) has been able to arrogate to herself the clearly superior plot because the same is on the main road without the slightest problem of ingress and egress, and the plaintiff has been given a clearly inferior plot, being entirely land-locked. ..... 2) needs registration in terms of section 17 of the act, or is a family arrangement by an oral agreement inter-parties, and after it has become fait accompli, reduced into writing for purposes of memory and future generation, needs registration or not, is undoubtedly a substantial question of law and needs adjudication by this court. ..... on a plain reading of this document, i observe that the following are its main features:-- (i) much after the purpose, both the parties realised that the plots of land were very long and the breadth was very short, and it was not possible to construct a convenient house on each ..... impugned judgment that the parties thereafter agreed to reduce the terms and conditions of the aforesaid oral agreement accompanied with the sketch map (compendiously marked exhibit 2) into writing for the purpose of memory and posterity which was signed by them on 3-12-1978. ..... not show an intention to abandon one of them.the common law principle which puts a person to his election between alternative and inconsistent courses of conduct has no connection with the equitable doctrine of election and relates mainly though not exclusively, to alternative remedies in a court of justice. .....
Tag this Judgment!Court : Patna
Reported in : AIR2001Pat115; 2000(48)BLJR2184
..... ways; first on the basis of discovery of some 'new' material in the form of an enquiry report, dated 3-5-2000 and secondly by making direct and frontal allegations against the counsel appearing in the main case that concessions/admissions made by them were not only factually incorrect but were also made unauthorisedly and without the knowledge of the review petitioner.15. ..... the writ petition and the civil review petition were filed simply because the order passed by this court in the main case was not to the liking of some persons and they had sufficient money to try to get the order reversed and for getting their objective it was ..... it is to be noted that the ground for review on the pica that the counsel representing the rotary club, begusarai in the main case made wrong concessions on facts, unauthorisedly and without the knowledge of the petitioner, is based on the assumption that the finding of the court that the offending structure was constructed on a ..... according to the report the rajendra memorial park and the rotary club building were situate in the [triangular) space formed at the meeting ..... also reference to "suitable construction for the purpose of club" but reading the licence as a whole it is clear that the permission was for developing the piece of land as a park in the memory of dr. ..... the court that it would be removed from there with all due respect and reinstalled within the precinct of the government hospital or any other suitable site be fetting a memorial to dr. .....
Tag this Judgment!Court : Patna
..... no doubt she has been appointed as lecturer in reshma devi memorial mahila college, patna, but the fact that she is getting a prescribed salary as held by learned magistrate is not true. ..... the learned court below has mainly replied upon appointment letter (ext. .....
Tag this Judgment!Court : Patna
..... . in all criminal cases, normal discrepancies are bound to occur in the depositions of witnesses due to normal errors of observation, namely, errors of memory due to lapse of time or due to mental disposition such as shock and horror at the time of occurrence ..... out by the honble apex court and further it has been held that the same cannot be taken into consideration on account of following reasons enumerated under para-25:- (1) by and large a witness cannot be expected to possess a photographic memory and to recall the details of an incident ..... . they can only recall the main purport of the conversation .....
Tag this Judgment!Court : Patna
..... 11 that he had noted down the number desired to be painted by the accused persons on the reverse side of the two plates for memory purpose, so that the number was correctly written on the plates( p.w. ..... as regards appellant ram chandra mahto, his conviction has been questioned mainly on the ground that though he was charged under section 412 of the i.p.c. ..... i have already discussed the evidence on the ownership of the cellular phone while discussing the facts of the case which is mainly based on the evidence on record that the reliance india ltd. ..... i have mainly categorised them in three categories. p.ws. .....
Tag this Judgment!Court : Patna
..... and instead he filed a petition on 3.2.2006 before the mukhiya of gram panchayat - prem jivan and the said mukhiya noticed the informant to appear before him on 26.3.2006 along with her family members at the nawab memorial hospital, darbhanga. ..... the main contention of the petitioners is that the court at darbhanga had no jurisdiction to entertain the complaint petition filed by the informant since the entire cause of action took place in the matrimonial home of the informant at sadpura, milki .....
Tag this Judgment!Court : Patna
..... train serial blast is still in memory in which so many people lost their life and the impact of explosion in varanasi and faizabad that in roofs and asbestos sheets of the six lawyers make shift chambers were blown off. .....
Tag this Judgment!Court : Patna
..... we are, however, unable to accept this submission for the simple reason that identification of a person would much depend on the optical potency of a person and also his capacity to retain an incident in the memory, and simply because pramila devi (pw 2) and raj kumari devi (pw 3) did not claim identification of the appellants, significance of identification of the appellant by as many as three witnesses not only during test identification parade but also at ..... others was held in jail premises on 7th january, 1998 and for belated test identification parade of the appellants, submission is that the witnesses were not expected to have retained physical feature of the miscreants in their memory for such a long period, and on that count too, identification of the appellants was meaningless. ..... however, we may say that though human memory is not infalliable, as error cannot be ruled out, had it been a case of single identification, the matter would have been otherwise, but contrary to that, there has been evidence of identification of both the appellants by not less ..... were found reliable, as witnesses had lost their family members by killing by the miscreants, during the incident, hence court was of the view that there were good reasons of impression of identity on the mind and memory of the witnesses. .....
Tag this Judgment!Court : Patna
..... . 1) is concerned, it is established from the evidence of pw 1 that the same was recorded by him and no doubt can be raised regarding its genuineness because it is possible that after recording the main statement of the injured when he put his signature on the right side bottom the injured might have said something more which pw 1 recorded in the bottom on the left hand side and gave his remarks ..... also looks very natural on the part of ramadhar singh to describe his assailant as the fourth son of raghvendra singh because it is very common even for a normal man to forget the name, ramadhar singh had retained enough memory to remember that the person who gave him chhura blow was the fourth son of raghvendra ..... that. it also appears from his statement that his memory was sharp as was expected by an average ..... . first of all, i will deal with the dying declaration of ramadhar singh on which the trial court has mainly relied to convict the appellants .....
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