Court : Patna
..... 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 .....
Tag this Judgment!Court : Patna
..... 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 .....
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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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..... 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 .....
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..... erstwhile state of bihar and fell within the jurisdiction of the jharkhand state after bifurcation of the two states by virtue of enactment of the reorganisation act with effect from 15.11.2000. he further contended that this court does not have jurisdiction to entertain this writ petition challenging the notification of the ..... government (respondent no. 1)14. learned counsel for the petitioner contended that in view of the provisions contained in sections 65 and 66 of the reorganisation act, the state of jharkhand has no authority to pass the impugned resolution (annexure 8) creating jharkhand state forest development corporation limited until the division of interests ..... state forest development corporation ltd. (respondent nos. 2, 3 and 4 respectively ) in which it is stated that the bihar kendu leaves (control of trade) act, 1973, which has been adapted by the state jharkhand, was enacted to provide complete control on transaction of kendu leaves right from its collection or tippling it .....
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..... that the house in question does not belong to the 'undivided family', nor it is strictly a 'dwelling house' for the purposes of section 4 of the act. however, these aspects of the matters have been completely over-looked by the learned court below who has committed a gross error of jurisdiction in allowing the petition ..... portion is let out to tenants. in the aforesaid circumstances, the learned counsel for opposite party no. 1 submits that his petition under section 4 of the act was maintainable there was no illegality or jurisdictional error in the impugned order of the learned court below.11. after hearing the learned counsel for the parties and ..... a dwelling house. the learned counsel for the petitioners also submits that the learned court below has completely over-looked the purposes of which section 4 of the act was enacted, namely, to save a co-sharer from harassment if some stranger is being introduced in the joint family property or ancestral property of an undivided family .....
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..... required for the application of the offence under section 304b of the indian penal code, so no presumption can be drawn under section 113b of the indian evidence act that the appellants had caused the dowry death of anita. it was lastly contended that all the circumstances appearing against the appellants were not put to them in ..... before her death by the accused-appellants for not bringing the demanded dowry. the court below rightly drew presumption against the appellants under section 113b of the indian evidence act that they committed the dowry death of anita and the appellants failed to rebut the presumption, so both the appeals are fit to be dismissed. on behalf of ..... deemed to have caused her death.''explanation.-for the purposes of this sub-section 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961.(ii) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than 7 years by which may extend to imprisonment .....
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..... to limit the intervention of the court in arbitral process. it was not an intention of the legislature that each and every order passed by the authority under the act, 1996 would be subject matter of judicial scrutiny by the court of law. the aforesaid aspect has been considered by the apex court in the case of konkan railway ..... and also on the ground of doctrine of res judicata as the misc. case no. 114/96 filed before the civil court for appointment of arbitrator under section 8 of act, 1996 was dismissed, the revision against the said order filed by respondent no. 1 bearing civil revision no. 606/97 was subsequently withdrawn by respondent no. 1.4. ..... between the owners and the developers relating to this agreement or interpretation of these presents it shall be decided by arbitration in accordance with relevant provisions of the indian arbitration act only at patna. respondent no. 1 filed a petition on 27.04.1998, which was registered as request case no. 5/98, invoking the power of hon'ble .....
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..... granted recognition, has been cancelled on the ground that the recognition was granted contrary to bar created by section 16 of the national council for teacher education act, 1993 (ncte act, 1993). as per the writ petitioner, the impugned order dated 09.04.2009 is misconceived and against the principles of natural justice because it was issued ..... for undertaking teachers training course for the period 1979-81 till 1994-96, which is prior to coming into force of the national council for teachers education act, 1993 which came into force with effect from 17.8.1995, i direct that genuine students of the aforesaid institution be permitted to submit their fees and ..... that the bar is in respect of courses or training conducted by an earlier recognized institution for the sessions beginning after the coming into force of the act. this provision need not to be read as retrospective or retroactive as it would cause undue hardship and injustice to the students of institutions having recognition prior .....
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..... since reported in 1993 supplement (2) supreme court cases 497. that was a case where a person was convicted for an offence of illegal act of counterfeit government stamps and in pursuance to that conspiracy, counterfeited government stamps. while discussing the provisions of law, their lordships referred to section 258 ..... permits and section 88(12) deals with national permit.22. thus, from the provisions aforesaid, it would be seen that the documents, relevant for the act, driving licence, licence of conductors of stage carrier, registration certificate of motor vehicle, certificate of fitness for transport vehicles, permit for transport vehicles and insurance ..... case, i may conveniently divide all the motor vehicles of different class into two general category. the first being transport vehicle as defined under the act which would include public service vehicle, goods carriage, private service vehicle and educational institution's buses and the other, not being transport vehicle which would .....
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