Court : Patna
..... only option left for the loosing contestant was to file an election petition raising such question before the prescribed authority under the provision of section 137 of the act which clearly provides that the election to any office of a gram panchayat or a gram katchary shall not be called in question except by an election petition as ..... and other materials.7. the power to interfere in such matter has been given to the state election commissioner only under the provision of section 136(2) of the act. from a perusal of the aforesaid provision, two aspects are quite apparent. firstly, that if the disqualification is from the date prior to start of election process, such ..... of dumri gram panchayat (darbhanga), has been disqualified for not attaining the age of 21 years as per the provisions of the bihar panchayat raj act, 2006 (hereinafter referred to as 'the act' for the sake of brevity) and directed that the said post be treated as vacant.2. the admitted fact of this case is that election .....
Tag this Judgment!Court : Patna
..... conformity with the constitutional provisions. i am, therefore, unable to accept the contention that the 2006 amendment was a meaningless exercise inasmuch as it sought to amend an act that was 'dead and gone'.64. the submission of mr. jain is equally unacceptable. the order in jindal stainless limited : (2006)7scc271 quoted paragraph 46 ..... bench decision of the supreme court in jindal stainless ltd. : [2006]283itr1(sc) for determining whether a tax was regulatory or compensatory in character. the amendment act, 2006 re-defined 'entry of goods' in the following manner:2(c) 'entry of goods', with all its grammatical variations and cognate expressions, means, entry ..... products (excluding biris), (iii) indian-made foreign liquor, (iv) vegetable and hydrogenated oils, (v) cements and (vi) crude oil.5. the bihar entry tax act, 1993 was declared ultra vires articles 301 and 304 of the constitution and consequently bad and illegal by this court in bihar chamber of commerce v. state of bihar [1995 .....
Tag this Judgment!Court : Patna
..... month. against the said order, no appeal was filed by the landlord, namely, 'the mills', whereas appeal no. 199 of 1990 was filed under section 24 of the act by the tenant, namely, the corporation, which was dismissed by the collector, bhagalpur, by his order dated 10.05.1994 upholding the rent fixed by the house controller ..... 09.1987, 'the mills', which is admittedly the landlord of the corporation, filed house control case no. 40 of 1987 under the provision of section 8 of the act before the house controller-cum-sub-divisional officer, sadar bhagalpur, for determination of fair rent. the said house controller asked the executive magistrate, bhagalpur, to make spot ..... filed by the food corporation of india under the provision of section 26 of the bihar building (lease, rent and eviction) control, 1982 (hereinafter referred to as 'the act' for the sake of brevity.2. admittedly, m/s shri bhagwati hosiery pvt. limited (hereinafter referred to as 'the mills' for the sake of brevity) is a .....
Tag this Judgment!Court : Patna
..... the date of filing of the appeal, that too of a document which had come into existence more than 3 years after the filing of the suit, would definitely act as a bar on the admission of such document in evidence at the appellate.22. for the aforesaid reasons this court helds that by the impugned order dated 17. ..... ought not to have interfered in its exercise of revisional jurisdiction under section 115 of the code of civil procedure.19. in the present case the appellate court has clearly acted illegally in exercise of its jurisdiction under order 41 rule 27 of the, cod. before the discretion under clause (aa) could be exercised the party invoking the jurisdiction of ..... copy of the same and producing the same in court since the said certificate would evidently be a public document within the meaning of section 74 of the indian evidence act. thus, the finding of the appellate court that there was no negligence on the part of the opposite party in producing the document in question appears to be .....
Tag this Judgment!Court : Patna
Chandramauli Kr. Prasad, J.1. Plaintiff, aggrieved by the order dated 30th of July, 2005 passed by the Subordinate Judge, I, Bhagalpur in Misc. Case No. 13 of 2004, setting aside the ex parte judgment and decree dated 18.12.2000 passed in T.S. No. 137 of 1999, has preferred this application.2. Plaintiff filed T.S. No. 137 of 1999 against survey entry impleading Bhagalpur Municipal Corporation, hereinafter referred to as Corporation, as the sole defendant. By an ex parte judgment and decree dated 18.12.2000, suit was decreed. Defendant, aggrieved by the same, filed application Under Order 9 Rule 13 of the Code of Civil Procedure, hereinafter referred to as 'CPC', for setting aside the aforesaid ex parte judgment and decree. Said case was registered as Misc. Case No. 14 of 2001. Defendant averred in the application that summons of title suit was received by Md. Javed, Law Clerk on 20th of August, 1999 when the employees of the Corporation, on the call of Mahasangh of the Non-gazetted of...
Tag this Judgment!Court : Patna
..... reliance of tribhuwan nath choudhary's case (supra) is concerned, the said case has no relevance to the facts of the present case since by section 18(3) of the act specific provision has been laid down regarding the execution of a decree by an order passed by the rent controller determining any amount as daily compensation and nothing that is ..... tribhuwan nath choudhary v. arjun choudhary and anr. 1988 pljr 897 wherein it has been held that an order passed by the rent controller under section 18(3) of the act although cannot be said to be a decree within the meaning of section 2(2) of the code of civil procedure, 1908, yet such an order is executable as ..... bench of this court dismissed the civil revision application by order dated 25.4.1997 holding that sections 5 and 6 of the bihar buildings (lease, rent and eviction) control act, 1982 simply empowers the controller to determine the fair rent of a building premises and while so determining the fair rent he may fix a date from which his order .....
Tag this Judgment!Court : Patna
..... appellant gabbar singh was also charged for possessing unlicensed fire arm for illegal purpose of committing murder of rakesh kumar singh, punishable under section 27 of the arms act.6. prosecution in order to bring home the charge altogether examined seven witnesses out of which p.w.1 ram jeewan singh, p.w.2 prakash singh, ..... indian penal code and sentenced them to undergo rigorous imprisonment for life. appellant no. 1 was further found guilty of offence under section 27 of the arms act and sentenced to undergo rigorous imprisonment for two years. sentences awarded to appellant gabbar singh were directed to run concurrently.2. aggrieved by the judgment of conviction ..... offence under section 302/34 of the indian penal code. appellant no. 1 gabbar singh was further charged for committing the offence under section 27 of the arms act. eleventh additional sessions judge, saran at chapra by judgment dated 8th of february, 2002 passed in sessions trial no. 237 of 2000 held both the appellants .....
Tag this Judgment!Court : Patna
..... not such that appel1ants would kill altogether eight persons. i am not all impressed by these submissions of the learned counsel for the appellants. how a criminal will act in a given circumstance entirely depends upon his own character. human behaviour has also been a mystery to human beings. merely the fact that the informant was ..... to the court of sessions for trial. all the accused persons were charged for possessing fire arms for unlawful purposes punishable under section 27 of the arms act, causing death of eight persons in prosecution of their common object punishable under section 302/149 of the indian penal code as also attempting to cause the ..... umesh choudhary, jokhan choudhary, dinesh choudhary, anil choudhary and sudama choudhary guilty under section 302, 149, 460 of the indian penal code and section 27 of the arms act. in addition, umesh choudhary has been found guilty of offence under section 307 of the indian penal, code. the learned judge, sentenced all of them to death .....
Tag this Judgment!Court : Patna
..... may, not unoften, furtively hide, in strategic positions may be.8. it is found from the record that in view of the notification under section 3 of the act, the agricultural property of the petitioner came to be vested with the state in which an inquiry was held for giving compensation and it has been finally resolved in ..... part iv of the constitution, but in actual implementation drags its feet. indeed, counsel on both sides were readily agreed only on one point, viz., that neither this act nor the law setting a ceiling on land ownership slumbering on the statute book since 1962, has been seriously enforced. the ninth schedule to the constitution can immunise a legislation ..... on certain matters reserved for the union parliament as held by this court in the case of molvi abdul hasan v. state of bihar 1953 bljr 35. this act also applies to the zamindari assets of incorporated companies. it deals in pith and substance with entry 36 of list ii of the 7th schedule of the constitution of .....
Tag this Judgment!Court : Patna
..... liable to pay maintenance to the opposite parties beyond the iddat period. now she can claim maintenance only under section 4 of the muslims women (protection of rights on divorce)act, 1986 and not under section 125 of the cr.p.c. the second submission is that the quantum of maintenance is in much excess of the capacity of the petitioner ..... simple contract for certain purposes and object and hence it attracts all the incidents of a civil contract as stipulated in the contract act. therefore. unilateral repudation of marriage should also conform the basic requirements of provisions of contract act apart from mohammadan law. therefore, taking into account of all the facts and circumstances as well as the findings of the court .....
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