Court : Patna
..... considered by the state government and finding their explanations to be unsatisfactory, the state government in exercise of its power under section 5(b) of the act rescinded in public interest the nominations of prahlad kumar sarkar and sardar guru dayal singh, the vice chairmen and father peter the member of the commission besides ..... guru dayal singh cannot be held responsible for non-submission of the report by the commission to the state government in terms of section 17 of the act. he being not answerable for the same, the learned single judge rightly set aside the notification rescinding his nomination.16. rival submission necessitates the examination of ..... the scheme of the act. section 5 of the act provides for the term of commission, whereas 5(1)(b) thereof confers power to the state government to remove the chairman, vice-chairman and .....
Tag this Judgment!Court : Patna
..... , chousa p.s. case no. 85 dated 24.10.1994 was registered under section 326, 307 and 302/34 of the indian penal code and section 27 of the arms act.6. after usual investigation, police submitted charge-sheet against both the accused persons and they were ultimately, committed to the court of sessions, where they were charged for committing the .....
Tag this Judgment!Court : Patna
..... of society. the court has to further enquire and believe that the accused condemned cannot be reformed or rehabilitated and shall continue with the criminal acts. in this way a balance-sheet is to be prepared while considering the imposition of extreme penalty of death of aggravating and mitigating circumstances and ..... sheikh kalim, sheikh juman, sheikh aziz, sheikh ishteyaquye and sheikh nayeem have been charged for possessing arms for unlawful purposes, punishable under section 27 of the arms act. sheikh aziz, sheikh kalim @ gedhwa, sheikh juman, sheikh nayeem /.-- and sheikh ishteyaque have been held guilty of offence under section 302/149 of the indian ..... under section 302 of the indian penal code. besides the aforesaid, they have also been charged for offence under section 3 and 4 of the explosive substance act. aforesaid three persons along with six other persons, namely, sheikh chengwa, sheikh kalim @ gedhwa, sheikh juman, sheikh aziz, sheikh ishteyaque and sheikh nayeem have .....
Tag this Judgment!Court : Patna
..... the presence of the circumstances so as to eliminating the absence of such circumstances has to be appreciated by the courts in the light of section 105 evidence act. the onus of proof upon the prosecution for proving the commission of an offence could be discharged only when it has proved by satisfactory, acceptable and admissible ..... of the charges and the entire facts and circumstances of the case.17. the evidence produced before the learned trial court establishes with satisfactory probabilities that the act of picking up the rifle and firing a shot and injuring the deceased was definitely committed by the appellant. in the light of the above finding the ..... was admitted for treatment. the deceased died subsequently and the case which was initially registered under section 307 etc. of the ipc and section 27 of the arms act was converted into one under section 302 ipc. the investigation was entrusted to p.w.9 jaleshwar pd. singh, inspector of police, khizarsarai police station who after .....
Tag this Judgment!Court : Patna
..... 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 27-4-1998, which was registered as request case no. 5/98, invoking the power of hon'ble .....
Tag this Judgment!Court : Patna
..... without compliance of the statutory compulsion for prior hearing to the institution in question under sections 14(3)(b) proviso and section 17(1) of the ncte act. the non compliance of statutory provisions will therefore not lend validity to a post decisional hearing. on basis of such orders the impugned orders of the ..... provisional degree granted by the university was bad from its very inception. the action of the n.c.t.e. in granting permission was contrary to the act. that a first information report has already been lodged against the university and its officials. learned counsels lastly submitted that the illegality of the university in granting ..... that the institution had duly applied for recognition before the state government which kept the matter pending. on coming into force of the n.c.t.e. act the institution applied for recognition thereunder. the affiliation was granted by the lalit narayan mithila university based on which permission was granted by the eastern region committee .....
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..... of section 42(2) of the act, which mandates that such report should be sent to superior official within 72 hours.22. the empowered officer can conduct raid even after sun set without warrant or ..... pm under the leadership of sushil kumar, sdpo, raxaul. the raid was conducted after making due entry in the station diary as per section 42(1) of the act. if an empowered officer makes raid after sunset without warrant or authorization, he is bound to record the reasons for conducting such raid. furthermore there was non compliance ..... case was subsequently transferred to the court of addl. sessions judge, motihari for trial. charges were framed under sections 20(b)(ii)(c) and 2(c) and 23 of the act.7. the prosecution examined altogether 17 witnesses who are as follows:(pw 1) kirishna gopal dwivedi, jm, 1st class, motihari, (pw 2) shambhu prasad, (pw 3) dr .....
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..... statements recorded on 15.8.2000 can be treated as voluntarily which is sine qua non for admissibility of the statement recorded by custom officials under section 67 of the act. the answer is in negative simply because it was recorded after prolong detention in custody. earlier statement recorded on 14.8.2000 can be treated as voluntary statements. both the ..... . the chemical examination (ext.5) also confirms that the recovered article from the jeep was ganja. the recovery was also made before two independent local witnesses as required under the act. they are p.ws.12 and 13. they have put their signature and l.t.i. upon the seizure list/memo (ext.1). seizure was conducted by p.w.4 ..... judge, muzaffarpur in case no. 53 of 2003. the sole appellant has been convicted under section 20(b) as well as under section 23 of the n.d.p.s. act and has been sentenced to undergo r.i. for ten years under each count to pay fine of rs. 1 lac and in default to undergo r.i.r. for .....
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..... case the two confessional statements having been recorded by the police is inadmissible in view of the provisions contained in sections 24, 25 and 26 of the evidence act, as such, no reliance whatsoever can be placed on the two confessional statements.44. submission of the learned counsel for the informant about the acceptance of identification ..... absence of the original, that too without there being any material to establish the conditions mentioned in sub-section (2) of section 65-b of the evidence act that the computer wherefrom the print out has been obtained was normally functioning, it shall not be safe to rely on the print outs for connecting the appellants ..... exhibit-7 and with reference to the aforesaid deposition he submitted that print outs may not have been certified, as is required under section 65b of the evidence act but has been obtained by the police officers in official discharge of duty, as such, is admissible in evidence as secondary evidence in the light of the .....
Tag this Judgment!Court : Patna
..... by the prosecution and the counsel for the appellant had asked the court to give him the benefit of optional presumption under section 114 illustration (g) of the evidence act and to infer that if the witness had been produced it would have damaged the prosecution case against the appellant. the hon'ble judges of the apex court while ..... , medi paswan, is concerned, he is identified as an accused at the very first instance as it is apparent from fardbeyan. the occurrence took place because of the act of this appellant as he demanded money and on refusal, on false pretext, he took the deceased near the home guard, and his money was snatched when the deceased ..... appellant at the time of shooting will not be sufficient for his conviction under section 302/34 of the indian penal code, i.e., sharing common intention for the act of principal offender. there is evidence, on record, to show that he shared common intention for snatching the money. in this view, his conviction under section 302/34 .....
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