Court : Patna
..... amendment act, 1983, sub-section 53 of the central act has been partly amended by substituting the word 'vehicle' for the word 'carts', which is not in the bihar act, but their lordships while dealing with the question of release, have considered the provisions as laid down in sub-section (2) of section 52c of the ..... chains or any other article (other than the forest produce seized) shall be made if any person referred to in clause (b) of sub-section (4) proves to the satisfaction of authorised officer that any such tools, arms, boats, vehicles, ropes, chains or other articles were used without his knowledge or connivance or as the case may be, without the knowledge or connivance of his servant or agent and that all reasonable and necessary precautions had been taken ..... view of the aforesaid amendments made in the central act by virtue of bihar act, it is often contended that as the provisions as contained in section 53 of the central act have not been amended by the bihar act by inserting 'vehicles' which is seized under section 52 of the bihar act, the d.f.o. ..... amendment act, which is in parti-materia of the provisions of the bihar act and have held that forest officer of a particular level under section 53 of the act has power to release property and that forest officer, appellate authority and the revisional authority also have powers to pass orders regarding temporary custody or disposal of the ..... state of west bengal and anr ..... , west forest division, hazaribagh, respondent no. .....
Tag this Judgment!Court : Patna
..... of all, from bare comparison of the 2006 rules which is statutory in nature, it would be clear that the necessity for appointment of panchayat teacher was in view of the amendment in the constitution of india under article 21a for providing free and compulsory education to the children in the age group of six to fourteen years by the state ..... . the above principle has been accepted in india also and mere official or policy bias may not necessarily be held to disqualify an official from acting as an adjudicator unless there is total non-application of mind on his part or he has acted as per dictation of the superior authority instead of deciding the matter independently or has pre-judged the issue or has taken improper attitude to uphold the policy or the department, so as to constitute ..... include a regulation (as hereinafter defined) and any regulation of the bengal code, and shall also include any provision contained in any act or in any such regulation as aforesaid; ..... . the state reported in 1985 pljr 640 wherein the correctness of an earlier division bench judgment in the case of satyanarayan ..... . reported in 1985 pljr 101, correctness of division bench judgment in the case of ..... . reported in 1985 pljr 58 which again involved correctness of earlier view recorded by hon ..... modified, it was for the state government to consider the claim in accordance with the rules in terms of the earlier direction of the division bench dated 17.1.1985 ..... subsequently modified by the division bench on 17.1.1985 .....
Tag this Judgment!Court : Patna
..... for the accused-appellant submits that though in terms of the provisions of the ndps act, 1985, seizure of ganja ought to have been made at the very place, where ganja was found, it is the admitted case of the prosecution that the vehicle, which was allegedly carrying ganja, had been brought to the customs office, ..... record, to have carried the pick-up van, which was, eventually, found to have ganja kept hidden in a false chamber, the fact remains that while driving the vehicle and carrying the ganja, hidden in the false chamber, the accused-appellant, according to the evidence on record, was not aware of the existence of the false ..... of practice or prudence that under no circumstances such a conviction can be made without corroboration, for, a court may, in a particular case, be convinced of the absolute truth of a confession and prepared to act upon it without corroboration; but it may be laid down as a general rule of practice that it is unsafe to rely upon a confession, much less on a retracted confession, unless the court is ..... west champaran, at bettiah, the appellant stands convicted under section 23 i of the narcotic drugs and psychotropic substances act, 1985 (in short, ndps act, 1985 ..... west bengal (air 1970 sc 940), has clearly held that a custom officer is not a police officer within the meaning of section 25 of the evidence act and, therefore, a statement, made before a custom officer, by a person, who is arrested, is not covered by section 25 of the evidence .....
Tag this Judgment!Court : Patna
..... the wife manju kumari who is respondent in this appeal filed the application under section 12(1)(c) of the hindu marriage act, 1955 for nullifying the marriage with the appellant no.1, vidyut kumar verma, which was numbered as matrimonial case no.50 of 2001. ..... therefore, this concealment of qualification of the husband comes within the purview of section 12(1)(c) of the hindu marriage act and therefore, the learned court below has rightly allowed the application. ..... and decree dated 16.07.2004 passed by learned district judge, katihar, sri birendra singh in matrimonial case no.50 of 2001 whereby the application filed by the respondent, manju kumari under section 12(1)(c) of the hindu marriage act has been allowed.2. ..... this objection furicated the petitioner and her father as a result of which they filed this application under section 12(1) (c) of the hindu marriage act.4. .....
Tag this Judgment!Court : Patna
..... when all these persons reached at a distance of about 20-30 steps from brick-kiln and reached near the field of imali mian, towards west of the road, suddenly shambhu tiwari with the rifle in his hand, jhunar tiwari with double barrel gun and imamul hasan with katta in his hand along with 4-5 unknown persons suddenly appeared before ..... 8, under section 302/34 of the indian penal code and 27 of the arms act against all three named accused persons, which also included jhunar tiwary, showing him as an absconder. ..... tirthanand singh, who had conducted post-mortem on the dead body of the deceased and prepared post-mortem report, the prosecution case regarding specific overt act of each accused, can not be believed. dr. ..... they were not specific about the overt act by imamul hasan. ..... since it was not done, as such it could not be believed that the witnesses had actually identified the accused persons with their specific overt act. ..... 162 of 2000 / 188 of 2002, whereby the appellants were convicted and sentenced for commission of offence under section 302/34 of the indian penal code and 27 of the arms act.3. ..... trial commenced against two accused and on conclusion of the trial, both the accused were convicted for commission of offence, under section 302/34 of the indian penal code and section 27 of the arms act. ..... the trial court had charged two accused persons, namely, shambhu tiwari and imamul hasan for the offence, punishable under section 302/34 of the indian penal code and section 27 of the arms act. .....
Tag this Judgment!Court : Patna
..... with one part or the other of the investigation of the present case, have not stated that they had found any sign of violence indicating that the accused persons had trespassed or committed any act of offence with the mushahar people on that particular day, which could have invited the intervention by the muhkia and being irritated, he was targeted and killed by the accused. ..... the judgment was delivered by the learned presiding officer-cum-additional sessions judge, ftc- v, bettiah (west champaran) on 4.9.2006 by which the appellants narottam mishra, dadan mishra alias rakesh mani mishra and neeraj mishra of ..... 12, the investigating officer was rushed by police establishment of west champaran to take over the duties of the officer-in-charge of chanpatia only to create records of investigation without really investigating the case correctly and ..... seized blood and prepared seizure memo from the ploughed up field of one nabi hassan mian from a place also situated west of the orchard of accused malik mishra. ..... the investigating officer of the case, tells us that the road from puraina village, goes west to east to come to chanpatiya. ..... , kshemendra kumar, is the son of the deceased munindra prasad, mukhia of grampanchayat puraina gosai under police station chanpatia, district west champaran. ..... informant of the case, in paragraph 23 of his evidence, has stated that on being chased by accused persons, his father went into a field running from the road and was surrounded from south, east and west. .....
Tag this Judgment!Court : Patna
..... in that case the constitutional validity of west bengal special courts act 1950 arose for determination before supreme court. ..... the difficulty, however, arises on account of apparent differences between section 5 of the act in question and section-5 of the west bengal special courts act 1950. ..... section 21 of the act clearly provides that the provisions of the act shall be in addition to and not in derogation of any other law for the time being in force and section 26 gives the act an over-riding effect over the act of 1988, the criminal law amendment ordinance, 1944 or any other law for the time being in force.5. ..... before adverting to impugned features of the act, the various grounds of challenge to their constitutionality and the submissions of the parties, it would be appropriate to notice that the act of 1988 was enacted by the parliament with the object to consolidate and amend the law relating to the prevention of corruption and the matters connected therewith. ..... the state of bihar is expected to take note of the aforesaid submissions in its own interest and amend the relevant rule if there is any need felt for the same.43. ..... the issue as to whether confiscation of property provided under the act would amount to a penalty for the offence or not appears to be a complex issue because the act of 1988 or the indian penal code prescribing punishments have not been amended by the act. .....
Tag this Judgment!Court : Patna
..... west bengal : [2002]2scr576 , was considering the provisions of section 137 of the west bengal town and country (planning and development) act ..... argument that once permission had been obtained from the panchayat, the same was sufficient and that no further approval under the aforesaid act was required, did not find favour with the supreme court which rejected the submission and held that the sanction of the authority under the ..... act (hereinafter referred to as 'the act') was promulgated in the year 2007 under the constitution (seventy-fourth amendment) act ..... that the agreement was a fraud as it had been given for a song and that the construction was in contravention of the provisions of law contained in the development act, held at paragraph 73 and 81 as follows:73. the high court has directed dismantling of the whole project and for restoration of the park to its original condition ..... and the authority shall be the principal agency to provide all infrastructure for the development of the aforesaid areas:provided that save as specially provided in this act nothing contained therein shall be construed as authorising the disregard by the authority of any law for the time being in force.76. ..... (2) notwithstanding anything contained in any such other law development in any areas in accordance with the provisions of this act or rules and regulations made there under shall not be deemed to be unlawfully undertaken or carried out by reason only of the fact that permission, approval or sanction .....
Tag this Judgment!Court : Patna
..... merely because of the fact that someone appears at the stage of execution and claims that the decree cannot be executed because he has got joint interest in the property when his own act of executing sale deeds to different persons in respect of the so-called joint property establishes that the properties are not joint, the execution of decree cannot be stayed or if executed it cannot be altered. ..... 7 of 1970 for setting aside auction sale and for restitution of properties sold in auction sale specially after amendment dated 23.9.1992. ..... there is no doubt that an order passed on an objection filed under section 47 after 1976 amendment in the c.p.c. ..... 2499 of 1985 by the apex court on 21.1.1991 the appellant cannot re-agitate the matter regarding half share of renuka mitra and others in the properties which were auction sold and hence the appeal is barred by the principle of ..... 2499 of 1985 by the apex court, the finding that the interest of vendors of anjana dubey in the property cannot be put in auction sale has attained finality.6. ..... 2499 of 1985 by the supreme court, respondents (defendant nos. ..... 2499 of 1985 before the supreme court which was dismissed on 21.1.1991. ..... 2499 of 1985. .....
Tag this Judgment!Court : Patna
..... the same time, the provision of adjustment towards the sales tax liability resulting from the sale of the goods by the dealer, that was available under section 4 of the parent act only in respect of motor vehicles, was extended to all the scheduled goods by inserting a second proviso to sub-section (2) of section 3 ..... . in light of all those decisions, i have no hesitation in coming to the conclusion that the amendments sought to be introduced in the parent act vide amending act 10 of 2001, dated november 5, 2001 and the amending act 9 of 2003, dated august 22, 2003 were bad and violative of article 304(b) of the constitution for want of the presidential sanction/assent ..... . on behalf of the petitioners in the two cases, it was contended that the amendment in the definition of 'entry of goods' by amending act 10 of 2001, with effect from november 5, 2001, made the act apparently discriminatory against goods imported from other states and made it violative of articles 301 and 304(a) of ..... 1996]2scr184 was actually the thin edge of the wedge and the finding in that decision that the bill (for the 1993 act) had received the assent of the president was taken by the state as licence to amend and change the act unrecognisably.7. the parent act was amended by the bihar tax on entry of goods into local areas for consumption/use or sale therein (amendment) act 2001 (bihar act 10 of 2001) that came into force on november 5, 2001 ..... relied on two supreme court decisions in west bengal hosiery association v .....
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