Court : Patna
Decided on : Aug-05-2008
..... 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
Decided on : Apr-09-2008
..... etc. in courts, tribunals, and authorities be accepted and entertained with court fee in force prior to the coming into force of the court fee (bihar amendment) act, 2007 treating the same as acceptance with the deficit court fee, subject to any further order by this court.10. needless to state that the state government shall ..... of the pleadings etc. in courts, tribunals and authorities are accepted with court fees as in force prior to the coming into force of the court fee (bihar amendment) act, 2007, treating the same as acceptance with the deficit court fees, subject to the outcome of the case.8. in view of aforesaid, mr. shyama prasad mukherjee, ..... prasad, acj, barin ghosh, j.n. singh, jj.1. lawyers from all over the state are protesting hike in court fees by the court fee (bihar amendment) act 2007. they are abstaining from their professional work before all the courts, tribunals and authorities including this court. this has virtually paralysed their functioning.2. mr. shyama prasad .....
Tag this Judgment!Court : Patna
Decided on : Mar-27-2008
..... legislature. the logical conclusion would, therefore, be that assessments, collections, adjustments, reductions or consumptions made after 29th august, 2006 i.e. when the 2006 amending act came into force, were validated. in such circumstances, if we have to hold that the notifications issued prior to 29th august, 2006 were validate by sub- ..... the contention of the learned counsel for the state that validation of actions accorded by sub-section (2) of section 2 of the amending and validation act is without limit, then the logical conclusion would be that all actions of past have been validated and accordingly, all assessments, collections, adjustments, reductions ..... within the competence of the state legislature. by reason of such declaration, although the notifications published after coming into force of the 2001 and 2003 amending acts have not died their natural death, as was contended by the learned counsel for the petitioner, but certainly they became dormant. life in those notifications .....
Tag this Judgment!Court : Patna
Decided on : Mar-20-2008
..... acquittal rendered by the high court in appeals arising out of the earlier sessions trial could be said to be relevant under the other provisions of the evidence act, it was clearly 'irrelevant' and could not have been taken into consideration by the high court while passing the impugned judgment. the remaining section 44 ..... first submission very strenuously canvassed by shri mishra, it would be necessary to refer to the provisions of sections 40 to 44 of the evidence act, 1872 (short 'the evidence act') which are under the heading 'judgments of courts of justice when relevant', and in the aforesaid sections the circumstances under which previous judgments are relevant ..... them. in the said circumstances, the order of the income tax authorities, being by a statutory authority, would be relevant under section 35 of the evidence act and they are direct and conclusive evidence of public disclosure and even though not conclusive they are reliable evidence on other matters.31. it was next argued .....
Tag this Judgment!Court : Patna
Decided on : Feb-14-2008
..... after providing for the transitory period, complete protection with regard to their betterment has been duly taken care of.54. section 6 of the repeal act, 2006 further indicates that the state government shall constitute a committee of secretaries consisting of three secretaries, who shall prepare detail scheme of absorption, ..... that those assets are utilized only for the purpose related to agricultural produce marketing and other activities incidental to agriculture. the agriculture produce market act, 1960 was also enacted for the purpose of providing market facilities to agricultural produce in furtherance of the interest of the agriculturists. there being ..... for no valid reason.concluding this argument, it was urged that for the reasons aforesaid, the action of the state legislature in enacting repeal act is arbitrary, unreasonable therefore antithesis of the equality clause of article 14 of the constitution. it, therefore, infringes the fundamental rights guaranteed under article .....
Tag this Judgment!Court : Patna
Decided on : Mar-25-2008
..... 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 .....
Tag this Judgment!Court : Patna
Decided on : Nov-25-2008
..... approached this court taking the plea that the matter ought to have been treated by the registrar, co-operative societies as a reference under section 48 of the act on the basis of the letter of the district magistrate. the other plea raised was that the petitioners not having been heard before the registrar before passing the ..... between members or between a member of the society or its managing committee and the same ought to have been considered by the registrar under section 48 of the act and accordingly dealt with. it is stated that the moment the secretary, co-operative department had written to the registrar to enquire into the matter and report, ..... the enquiry report and the order/recommendation based upon it ought to be struck down.6. learned counsel also refers to section 48 of the bihar co-operative societies act, 1935 under which, if any dispute touching the business of a registered society (other than a dispute regarding disciplinary action taken by the society or its managing .....
Tag this Judgment!Court : Patna
Decided on : Aug-06-2008
..... also by the magistrate:provided that, when the complaint is made in writing, the magistrate need not examine the complainant and the witnesses-(a) if a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or (b) if the magistrate makes over the case for inquiry or trial to another ..... respondent no. 5, a f.i.r. was lodged bearing mashrak p.s. case no. 191 of 1995, under section 307 of the indian penal code, and under the arms act, dated 15.8.1995. while the investigation was going on, the informant filed a protest petition on 31.1.1996 alleging therein that investigation is being carried out in a .....
Tag this Judgment!Court : Patna
Decided on : Oct-24-2008
..... people have mustered so much courage so as to oppose on equal terms the kuar community people of the village. it is alleged that soon thereafter the block pramukh, seema devi, ordered to kill the rathour community people by firing whereupon sudhir kuar opened fire with his whereupon causing bleeding fire arm injury of jitendra singh who fell down and ..... result of which he sustained partial injury and accused vijay singh assaulted madhav singh by means of butt portion of his riffle. it is said that having committed overt acts for about ten minutes the accused persons left and while departing they resorted to firing and also gave out that their purpose had been served. it is alleged that ..... against the remaining others.2. the aforesaid case was registered under section 307 i.p.c. and other allied sections of the penal code and section 27 of arms act to which section 302 i.p.c. was added by order dated 5.8.2006, on the basis of a written report submitted by one pravin kumar singh, impleaded .....
Tag this Judgment!Court : Patna
Decided on : Feb-26-2008
..... as government of india or state government or any government undertaking or a local authority or a boatmen cooperative society registered under bihar and orissa cooperative societies act 1935, the same can be resorted only if there is only one amongst them eligible for such settlement. the applicability of proviso in context of not ..... or any provisions of law was produced on behalf of the petitioners society to state that a cooperative society getting registration under the bihar self supporting cooperative societies act, 1996 is also entitled to have preferential right for settlement in terms of rule 11c of the rules.20. learned counsel, however, referring to the provisions ..... . admittedly the petitioner society is not registered under bihar and orissa co-operative society and its such registration is only under self supporting co-operative societies act 1996 and as such it cannot claim the right of preferential of settlement of the ghats in question as has been held by this court in case .....
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