Court : Patna
..... of the minor child in favour of the respondent. learned counsel for the respondent has also drawn our attention to the provisions of section 39 of the guardians and wards act, 1890 which deals with removal of guardians. he has specially relied on sub-section (f) which provides the grounds for removal of guardian and reads as under:- 39 ..... mahomedan law, especially sections 349, 350 and 351 of the same which deal with applications for appointment of guardians which has to be made under the guardians and wards act, 1890 which provides that the court shall make an order after being satisfied that it was for the welfare of the minor child and also deals with regard to ..... by the principal judge, family court, bettiah in miscellaneous case no. 40 of 2008. the case was filed by the respondent under section 7 of the guardians and wards act, 1890 for declaring him as guardian of the minor child raja babu. the respondent is the maternal uncle of the said boy namely, raja babu and appellant is the .....
Tag this Judgment!Court : Patna
..... with prayag dusadh and, therefore, the said witnesses had special knowledge about the relationship as such their evidences are admissible under section 50 of the indian evidence act. on these grounds, the learned counsel submitted that the first appeal is liable to be dismissed.9. in view of the above contentions of the parties ..... submitted that the learned court below has wrongly gave much emphasis on ext. '5' which was not produced from proper custody. section 90 of the evidence act was not applicable. the learned counsel further submitted that the presumption of jointness is no doubt applicable in hindu family but that presumption is very weak in the ..... the plaintiff failed to do so. whatever evidences oral has been adduced are inadmissible in view of the provision contained in section 50 of the indian evidence act. the learned counsel also submitted that the learned court below has misread the evidences and wrongly relied upon inadmissible evidences and wrongly held that because the .....
Tag this Judgment!Court : Patna
..... the offences under sections 498a and 406 of the indian penal code. the question regarding sanction for prosecution under section 3 and 4 of the dowry prohibition act can be looked into by the concerned court and on the ground of non availability of prosecution sanction, entire prosecution cannot be set aside. so far as ..... however, learned additional public prosecutor is not in a position to controvert the submission on the point of cognizance under section 3 and 4 of the dowry prohibition act in absence of any sanction for prosecution. accordingly, it has been prayed to reject the present petition.13. besides hearing learned counsel for the petitioners and state ..... was registered on 27.12.1999 for the offence under sections 498a and 406 of the indian penal code and section 3 and 4 of the dowry prohibition act against all the petitioners. after registering the f.i.r., police thoroughly investigated the case and thereafter, charge sheet was submitted against accused persons. while submitting .....
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..... cooperative society and, therefore, the cooperative society cannot execute any development agreement in favour of respondent no. 2. as such respondent no. 2 has got no right to do any act of development on the suit land. the learned counsel further submitted that in view of the above facts the appellant has got prima facie case about the title. the learned .....
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..... under section 11(1), notification of acquisition of surplus land under section 15(1) and then distribution of the same under section 27 of the act, takes place. it would appear from section 11(1) that the final publication would be subject to right of appeal and revision. in other words, only after ..... under section 11(1) should be published. only thereafter the land would be acquired as surplus land, if any, under section 15(1) and 15(2) of the act. however, this legislative mandate is observed in more in breach then in compliance. it is common notice that even during the pedency of appeal and revision; final notification ..... the constitution provides that no person shall be deprived of his property except by procedure established by law. in other words, if due procedure is not followed such act would be both illegal and unconstitutional. in support of his contention, he has relied upon a division bench decision of this court in the case of haricharan chamar .....
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..... the then hon'ble the chief minister on 19.08.1991. it is alleged that the appointments have been made against the provisions of the bihar state universities act, 1960 and bihar university act, 1976 and also in violation of article 14 and 16 of the constitution of india in jamalpur evening college, a constituent unit of the t. n. bhagalpur university ..... sections 407, 468, 471, 477a, 420, 201, 220b and 109 of the indian penal code and section 13(ii) read with 13(i)(d)/15 of the prevention of corruption act, 1988 and in criminal misc. no. 12821 of 2009, a prayer has been made for quashing of the order dated 24.02.2009 by which the court below has rejected .....
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..... students whose education process was sought to be unjustly interfered with and which has been found by the appropriate appellate authority constituted by the aforesaid act itself to be unjust.accordingly, this writ petition is allowed by directing the respondent university to take examination of the students of the aforesaid ..... those students whose education process was sought to be unjustly interfered with and which has been found by the appropriate appellate authority, constituted under the aforesaid act itself, to be unjust.18. from the above discussions it is quite apparent that although the students of the aforesaid three sessions had taken admission, ..... students whose education process was sought to be unjustly interfered with and which has been found by the appropriate appellate authority, constituted by the aforesaid act itself to be unjust. accordingly, the said writ petition was allowed directing the respondent-university to take examination of the students of the college for .....
Tag this Judgment!Court : Patna
..... court, thus, was justified in convicting the appellant for the offences under sections 304b, 498a, 201 of the indian penal code and section 4 of the dowry prohibition act.50. as regards the sentence, however, it appears that the learned trial court has sentenced the appellant to undergo rigorous imprisonment for seven years under section 498a of ..... rigorous imprisonment for six months. the sentences have been ordered to run concurrently.2. there were three more accused persons in this case, namely, tun singh alias bal mukund, sita devi and yasoda devi. among them yasoda devi died during the pendency of the trial. the other two accused sita devi and tun singh were acquitted ..... charge-sheet against the appellant and other accused persons under section 304b, 498a and 201 of the indian penal code and section 3/4 of the dowry prohibition act.5. the then additional sessions judge vi. gaya framed charges under sections 304b, 498a and 201 of the indian penal code against all the four accused persons .....
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..... but has been placed under a special system of control and conferred certain privileges by virtue of the provisions contained in sections 619 and 620 of the companies act. merely because the entire shareholding is owned by the central government will not make the incorporated company as central government. it is also equally well settled that ..... and control over these agencies under section 39 of the act. these agencies have powers to make rules and regulations for its governance the same is subject to prior approval of the state government.3. to meet the ..... promulgated in the year 197 5 a statutory status was granted to these agencies. it was finally converted into the bihar agricultural and rural area development agency act 1978 i.e. act 3 of 1979. in terms of this legislation, the agencies are autonomous bodies in their own right and they have a board of directors for administration .....
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..... ., masurhi, patna in complaint case no. 65-c of 2004 thereby and thereunder cognizance under sections 406, 420 and 120b of ipc along with section 4 of the dowry prohibition act has been taken against the petitioners.3. on perusal of the complaint petition as well as submission of the learned counsel for the petitioners as also the opposite-party no .....
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