Court : Patna
..... has committed error in setting aside the order passed by the executive magistrate only on the ground that the documents filed on behalf of the petitioner were not marked properly in accordance with the provision of the evidence act.6. in the light of the aforesaid submission, the learned counsel for the opposite parties has placed ..... any witness. it was also held that the documents filed by the parties are to be taken into consideration and that can be done even without formal proof. marking of document as xhibit is necessary for identification and it is not a mandatory condition precedent before reliance can be placed on the same. it was, therefore, ..... the parties who filed their respective written statements in course of the proceeding. the petitioner was the second party who examined nine witnesses and certain documents were also marked as exhibit-1 to 6/b on behalf of the petitioner. opposite party no. 2 also examined two witnesses but did not file any documentary evidence. after .....
Tag this Judgment!Court : Patna
Samarendra Pratap Singh, J. 1. The present writ petition has been filed against the order dated 28.4.2011 passed by the Chairperson, Human Rights Commission by which the learned Commission has held that there has been violation of human rights of respondent no.3 (Rajendra Singh) by the concerned officials of the Income Tax Department while continuing search and seizure operation, for which he would be entitled to monetary compensation and has further asked the department to submit its response as to why the monetary compensation be not awarded to the applicant recoverable from the salary of the concerned officials of the department. 2. One Rajendra Singh made a complaint before the Bihar State Human Rights Commission (hereinafter referred to as ‘the Commission’) that during the search and seizure operation the raiding party committed various acts of omission and commission including violation of his human rights. Some of the broad features of the complaint which is also sum...
Tag this Judgment!Court : Patna
1. Two aforesaid petitioners, who are police official, have approached this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 25.2.1999 passed by the Sub Divisional Judicial Magistrate, Gopalganj in Complaint Case No.1878 of 1998, whereby the learned Magistrate took cognizance of offence under Sections 147, 148, 149, 302 and 307 of the Indian Penal Code and Section 27 of the Arms Act and directed for summoning all the accused persons including petitioners.2. Short fact of the case is that on 29.10.1998, a complaint was filed by opposite party no.2 in the court of Chief Judicial Magistrate, Gopalganj vide Complaint Case No.1878 of 1998 arraying the petitioner no.2 as Accused No.1, one Home Guard Jawan and 18 other Daroga and Constables for an occurrence, which had taken place on the same day i.e. 29.10.1998 at about 7.30 A.M.(morning). The complaint was filed on allegation of committing offence unde...
Tag this Judgment!Court : Patna
..... acquired any special skill or knowledge of an expert to give such opinion in the matter but it has to be kept in mind that the presence of railway marking over the above three items is sufficient to show that they were property of the railways.15. learned counsel then referred to some minor contradictions and omissions appearing ..... expert and they are employees of the railway. he also contended that they have no training of experts. admittedly, over some of the recovered articles there was railway marking. pw4 is admitted to have received training from the railway. pw4 in para 10 has admitted that on the basis of monogram he expressed opinion that the property is ..... he along with pws 2, 6 and others searched the house of accused jagdish sharma and recovered dynamo belt bearing monogram of bhartiya rail sampatti. two tapes bearing railway marking of n.e. railway, bulb, nut bolts and rail of one feet in length. accordingly, seizure list ext.-1 was prepared and the raiding party returned back to .....
Tag this Judgment!Court : Patna
..... with election to the rajya sabha by members of the state assemblies or election to the legislative council of the states which specifically requires that the article for marking the preference should be handed over to each voter personally. in these circumstances, in our view, the high court was right in interpreting the expression ' ..... kumar saha were counting agents on behalf of the petitioner. all these four witnesses have stated that on their respective counting tables some votes bearing first preferential mark by dot pen in favour of the petitioner were rejected against which they made protest. however, in cross-examination they all admitted that they did not ..... a petition for recounting of all rejected ballot papers numbeing 752 without making any allegation of illegal and arbitrary rejection of ballot papers on the ground of marking by an instrument other than the instrument provided by the polling officer. thus, it is quite clear that the petitioner himself was not clear about the .....
Tag this Judgment!Court : Patna
..... , both government as also minority institutions as well as private institutions, recognized by the state government, no uniform criteria could be developed for awarding weightage for the marks secured by the candidates even in diploma in pharmacy examination. he has also submitted that the petitioners, in fact, will be bound by the principle of estoppel, ..... . higher education services commission, allahabad and ors. reported in 1986(1) scc 671 to contend that in absence of rules, there was no requirement that the marking should be for the different parameters or different heads and it could be very well under the single head. 25. mr. arup kumar chongdar appearing for the ..... proper selection. if an oral test is, therefore, a mustas in this case, a heavy responsibility is cast on the examiners to maintain a proper record of the oral test in respect of each candidate and marks must preferably be assigned under each head considered relevant to evaluate the candidate. once this care is .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... to interfere with the order of the district forum. however, the first part of the operative order of the district forum, i.e., appellant should give appropriate marks in hindi paper to the complainants son on an average basis and then declare his result with division in our view is not a correct order because this ..... dated 13.10.1998 passed by district manager, madhubani in complaint case no. 18/1998 whereby and whereunder the appellant (o.p.) have been ordered to give appropriate marks in the hindi paper to the complainants son on average basis, then declare his result and further directed to pay rs. 10,000/- to the complainant (respondent) by ..... in its administrative capacity to get the copy examined and to communicate the complainants son its result. we are not concerned with the marks obtained by the complainants son whether he got pass marks or fail marks, altogether it is a different aspect, and beyond the purview of consumer disputes but where the board faild in its administrative duty .....
Tag this Judgment!Court : Patna
..... presiding officer or polling officials proper seal was not supplied and, as such, marking was made by a wrong seal. but those ballots clearly show the intention of the voters and when such intention was clear, then such ballots ought not to have ..... purpose then the returning officer shall reject such ballot paper. so, mandatory direction is there on the returning officer to reject a ballot which does not bear the requisite mark of instrument supplied for the purpose.26. it has been pleaded for and on behalf of the election petitioner that for the mistake committed on the part of the ..... instrument supplied for the purpose. it has further been contended that 90 ballots not 93 ballots as has been stated in the election petition of booth no. 49 were marked by instrument other than what has been supplied and, as such, when there was nothing to show in the diary of the presiding officer that wrong seal/stamp was .....
Tag this Judgment!Court : Patna
1. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 09.03.1999 passed by Sri Arvind Kumar Srivastava, Judicial Magistrate, Ist Class, Patna in G.R.No. 4076 of 1984, Tr.No. 49 of 1988 arising out of Kotwali P.S.Case No. 1108 of 1984 whereby the petitioner's petition for discharge was rejected.2. Short fact of the case is that on the basis of written application submitted by one Jamuna Singh, the District Agriculture Officer, Patna to the Officer Incharge of Pataliputra Police Station, a first information report vide Kotwali (S.K.Puri) P.S. Case No.1108 of 1984 was registered for the offences under sections 409, 420, 468 and 471 of the Indian Penal Code against four accused persons. It was disclosed by the informant that on the order of Agriculture Production Commissioner, Joint Director of Plant Protection, Bihar, Patna, Shri C.S.Rai, the informant did physical verificat...
Tag this Judgment!Court : Patna
Nagendra Rai, J.1. Both the cases involve the same question of law and as such, they have been heard together and are being disposed of by this common judgment.2. The question which involve for determination in this case is as to whether a notification issued by the Government of Bihar dated 11.6.1996, which was published in the official Gazette on the same date revising the rate of duty on Indian Made Foreign Liquor (hereinafter referred to as 'IMFL') and bear, will come into force from the date of printing in the official Gazette or it will come into force from the date it was made available to the public or known to the persons having concerned with the same.3. The petitioner in C.W.J.C. No. 10969 of 1999 filed the present writ application challenging the order dated 1.9.1997 passed by the Superintendent of Excise, Hathidah Distillery, Hathidah, respondent No. 6, by which it has been directed to deposit Rs. 11,75,525/- by way of difference between the duty prevailing between 11.6.1...
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