however , in the case , the Investigating Officer has not been examined and the description of the place of occurrence has not been brought on record .


it is an admitted fact that the sale deed is in the name of Mawa Lal and the lease deed is in the name of Shyam Lal .

You are a professional English-to-Hindi translator. Your goal is to accurately convey the meaning and nuances of the original English text while adhering to Hindi grammar, vocabulary, and cultural sensitivities. Produce only the Hindi translation, without any additional explanations or commentary. Translate the following text:


so far as the allegation of sale of land by the plaintiff is concerned , the defendants have denied the possession of the sale and the purchaser .


the informants and the individuals had pursued them up to the river Godaria , which was at a distance of about one - fourth to two posts .


the High Court , therefore , is on error in reducing the sentence by holding that the injury was not on the vital part of the body .


after the road , there is the house of Ram Mohan Sharma in the east and the house of accused Ramanand Sharma and others in the west .


the act done by the State Government , therefore , is basti right from the very beginning and does not amount to ill - will in law .


at first , by the learned inspection judge ; then by the Chief Justice ; then by the Standing Committee ; and then by the Full Court .


the petitioners claim that prior to their contribution to the Bihar Judicial Service , they were employed in the Public Service in the State of Uttar Pradesh .


( ii ) Whether in the case of a Muslim minor , the acceptance of the father on his behalf would be a sufficient compliance of law ?


further , in view of the registered adoption deed placed on the record of the suit , it would be presumed that legitimate adoption would take place .


in the facts and circumstances of the case in hand , the decision relied upon by the learned counsel for the petitioners is not helpful to them .


the aforesaid fact is marked by the purchases including the writ petitioner and the sale deed executed by the same vendor in favour of the private respondent .


the learned trial Judge has dealt with this aspect of the matter at page 16 of the judgment in the context of the evidence of the witnesses .


( IV ) Whether the Plaintiffs get the United Nations of the identity and possession of the title on the suit property , along with the Defendants ?


the dead body of Fulamba was at a distance of three step towards the west from her house in a verandah from the dead of Shanti Kumari .


in view of the number of positions specified in the Ordinance , there was no question of abolition of the post of teacher in the primary unit .


in case of slopes of path , the level of the path will be at the central line at the centre of the front of the rear .


within three months , preferably within three months from the date of receipt / submission of copy of this order , a quick disposal would be creditable .


just three months before the filing of the suit , a partition had taken place between the two branches but no partition had taken place by demarcation .


it has been laid down by this Court , which is an established principle that it is the obligation of the Court to assess the reasonable compensation .


14 . let the effective part of this order be forwarded to the Secretary , Patna High Court to the Committee of Legal Services for necessary action .


the father of the plaintiff , namely , Ram Avatar Singh , being an illiterate person , was under the influence of his elder brother Ramanand Singh .


according to the learned counsel , the deed is in fact a admission of partition inasmuch as , by Ex.PA , the parties did not get title .


her dead body was seen by the daughter of the informant at about 4 : 00 am when she came out to attend the call of nature .


Birendra Prasad Verma , J. — The issues involved in the aforesaid two writ petitions , as also , facts and law , are similar and general .


at last the land was that of the State of Bihar and the purpose of settlement was to provide a source of livelihood to a landless person .


the impugned order of conviction of the accused-appellants and the sentence passed against them by the judgment under appeal and order under appeal are hereby set aside .


at the time of acquisition , the land in question was sold at the rate of Rs . 20 / 25 , 000 / - per katta .


the entire activity of the agency was 75 per cent financial accommodation provided by the Union of India and 25 per cent financial by the State Government .


the petitioners have produced before this Court copies of the Standing Committee of the High Court as well as of the resolutions passed by the Full Court .


the appellant was a daughter of three months born out of the marriage and also a minor child was sleeping with the deceased and the appellant herein .


the impugned conviction of the accused appellant and the sentence passed against him by the order under appeal and the judgment under appeal are hereby set aside .


it was only after the evidence was placed on the issues in question that led to the said conclusion that it was a more appropriate step . "


15 . while granting the quantum of compensation , there is a fundamental principle to the effect that the quantum of compensation should be just and reasonable .


in view of the established enunciation of law by the Supreme Court as quoted above , it is the act of the plaintiffs to prove its case .


the Zonal shall re-consider the Inspector General of Police and shall dispose of the same in accordance with law giving opportunity of being heard to the petitioner .


( IV ) Whether the plaintiffs are entitled for a decree for specific performance of the contract for the same , in possession of the suit land ?


2- In the suit , the defendants are appellants in this appeal against the decision awarding the decree to the plaintiff and the reversion of the decree .


in cross-examination , in paragraph 7 he had stated that there was a total likelihood of the decrease or increase in the event of a limiting calculation .


it had relied a great deal of reliance coupled with another dimension added to the interpretation of the State of Bombay vs. Kathalu Ogu ( supra ) .


according to him , the place of occurrence was the house of the deceased Subodh Singh , who was situated in the eastern Tola of the village .


the evidence presented on behalf of the plaintiffs is not reliable , whereas the evidence produced on behalf of the defendant / appellant is reliable and competent .


it has also been disclosed that at the time of the accident , the offending vehicle was insured under the United India Insurance Company Limited , Purnea .


it has also been pointed out that there is a ladder leading to the first floor of his house , in the very northern part of it .


it shall be open to the petitioner to raise all the points of law in the context of his petition of habit in the course of hearing .


the witnesses examined by the plaintiffs are on the question of self-acquisition of the property of Varanasi and not on the question of point of any partition .


while trying to divide the property of the joint family , the Pleader Commissioner shall allot the house to this house in favour of defendant No. 1 .


17 . the parameters of jurisdiction of the High Court in exercise of its jurisdiction under Section 482 of the Code of Criminal Procedure are well settled .


in these objective trials , the questions shall be printed in two languages , namely English and Hindi , except for the examination of the ordinary English .


the further case of the claimant is that at the time of death of the deceased , he was about 22 years of age and was unmarried .


he further threatened that his son - in - law was a notorious post office and , at his instance , he would finish his entire family .


therefore , in the facts and circumstances of the case and also in the issue involved therein , the said decision would not be of any avail .


19- The appellants shall be bound to pay the amount of compensation along with the interest as stated in the order and the award of the Tribunal .


in the course of cross examination , he stated in para 11 that he had gone to the Bible , while he went to the other jeep .


the incident had taken place at a distance of 10 My Father ' s Friend from his door , and was at that time a dark night .


( IV ) Whether the suit is barred by Section A ( b ) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act , 1956 ?


the Hon 'ble Supreme Court had held the same to be applicable to a prosecution which was pending at the time of commencement of the Amendment Act .


in the accompanying facts of the case , the opinion expressed by the doctor on the physical examination of the victim ’ s body will be immaterial .


(a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State;


(a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and


(i) in the matter of direct recruitment to posts in any such cadre referred to in sub-clause (b) as may be specified in this behalf in the order;


(iii) the said Legislative Assembly of the State of Sikkim shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution;


RE-STATEMENT, WITH REFERENCE TO THE PRESENT TEXT OF THE CONSTITUTION, OF THE EXCEPTIONS AND MODIFICATIONS SUBJECT TO WHICH THE CONSTITUTION APPLIES TO THE STATE OF JAMMU AND KASHMIR


(g)  the aggregate participation interest, directly or indirectly, of ten or less members along with their connected persons in the fund, shall be less than fifty per cent;


(a)  the land or building or both owned by the assessee as on the 2nd day of June, 2014 and which has been transferred under the scheme; or


(a)  to expenditure by way of infructuous or abortive exploration expenses in respect of any area surrendered prior to the beginning of commercial production by the assessee ;


(vi) any transfer, in a scheme of amalgamation, of a capital asset by the amalgamating company to the amalgamated company if the amalgamated company is an Indian company;


(a)  the shareholders holding not less than three-fourths in value of the shares of the demerged foreign company continue to remain shareholders of the resulting foreign company; and


Provided that the consolidation is of two or more schemes of equity oriented fund or of two or more schemes of a fund other than equity oriented fund.


(ii)  in any other case [not being a case falling under sub-clauses (i) to (iv) of sub-section (1) of section 49], shall be taken to be nil ;


Provided that the assessee furnishes the certificate referred to in sub-section (2) or, as the case may be, sub-section (2A) of section 35CCA from such association or institution.


(1) Upon the determination of the questions referred to in rule 101, the Court shall, in accordance with such determination and subject to the provisions of sub-rule (2),


Any person who is of the age of majority according to the law to which he is subject, and who is of sound mind, may employ an agent.


The Court shall cause the particulars of every suit to be entered in a book to be kept for the purpose and called the register of civil suits.


The method of recruitment, age limit, qualifications and other matters relating to the said post shall be as specified in columns (5) to (13) of the aforesaid Schedule.


(a) Whether by himself or by any other person on his behalf, imports into India or manufactures for sales, or stores, sells or distributes any article of food


Thus, it is also expected from the judicial officers that they should also rise to the occasion to come out to the expectation of the public at large.


The petitioner was assumed to be the owner of the said vehicle by the informant of the instant case, who was the Investigating Officer of the previous case.


But it is clear that the occurrence took place over a quarrel amongst the villagers as to whether a check dam should be constructed first or a culvert.


On the other hand, it has come in the investigation that the petitioner was indeed one of the Directors of the Company in question at the relevant period.


The defendant had also no knowledge of any sale or desptch of the alleged goods by him neither in the month of September, 1981 nor on any date.


when he said that he was the father of the ocean , the drawer had demanded a sum of rupees 10 lakhs for the liberation of the ocean .


there were two lips , half - digested food material in the stomach and all the injuries mentioned above were injuries as soon as death caused by firearms .


admittedly , according to the evidence , the appellants had gone to the picture of the victim movie along with Harri Devi @ Kanti Devi and Indu Devi .


such a case , in the face of the result , would neither benefit the parties to the trial nor fully satisfy the interests of the Union . ”


so far as the terms and conditions of the deeds are concerned , they will not depend upon the subsequent conduct of the parties or the subsequent event .


thus , in the admitted facts of the case , the appellant was 17 years , 11 months and 10 days on the last date of the incident .


the petitioner shall also be entitled to the benefit of interest on pensionable dues in terms of the circulars of the Bank , at the rate stated therein .


District Magistrate , Monghyr , had in fact stated that his recording of the solution was based on the recommendation made by the Superintendent of Police , Monghyr .


heard Mr. Krishan Chand , learned counsel for the petitioners and learned advocate for the learned Advocate General who is present on behalf of the respondents / State .


the only conclusion , therefore , would be that in terms of Clause 16.1 of the Statutes , the petitioner would be entitled to the benefit of pension .


so far as the correctness of the sale agreement is concerned , a similar plea was taken by the respondents before the trial court by the other group .


I have gone through the judgment of the learned trial Court as well as the judgment of the first Additional District Judge , Sewan , first appellate Court .


there is no such plea in the writ petition that the father of the present appellant , Khatar Pandit , claimed as the status of the occupancy ryot .


he has submitted that subject to the result of the proposed enquiry to be held against each petitioner , the nomination granted to the writ petitioner was provisional .


10 . in the instant case , in my considered opinion , the remedy of the petitioner , if any , is before the High Court of Bombay .


the size 6 " x1 % " x 4 " , the depth of wound was divided expressly into the spine of the spine and all the structures .


that such not having been done by the first appellate court , according to the learned senior counsel , the decision of the first appellate Court is perverse .


therefore , in view of the present remand order , the respondent Officer will decide the case of the parties as per the provisions of the 2011 Act .


it is a well established principle of law that the fardbeyan is not a encyclopedia and it is not necessary to provide a detailed account in the fardbeyan .


in that event , the other findings recorded by the learned lower Appellate Court will be adverse to the plaintiff and that will be in a critical situation .


Saheb , Kashyara , Ajoy - ara , Ashok - yara , Madhao - ud - Dahya and Makhi - ud - Khed were all armed with sticks .


this was because of the acquittal of the appellant 's father , Uma Shankar Singh and father-in- law of the informant Shiv Shankar Prasad Singh step - brother .


the dispute is that the father of the brother Mahato was defendant Gori Mehto , and the brother of the brother - in - law , Johi Mehto .


in support of the said fact , Ex . 10B has been brought on record , which is a attested copy of the entries made in the register .


thus , it is a precondition to prepare a final decree and to record the same again on stock - in - produced papers of the value required .


in the year 2008 , Mr. YVs . V.Giri , learned counsel has also appeared in the Writ Petition No. 427 of 2008 for the Motipur Sugar factory .


in the instant case , the lower Appellate Court had recorded a finding on the basis of the evidence that no partition has taken place between the parties .


they have an unusual bad reputation in the matter of listing and , as far as possible , they are intended to be financed in as many cases .


the Hon ’ ble Court had considered the process of delimitation of assessment or determination of the assessment and the procedure developed by Uttar Pradesh Public Service Commission .


in case of breach of any condition of insurance policy , it is the act of the insurer to proceed against the insured for recovery of the amount .


in this connection , the finding of the doctor concluded as follows : I blood is clotted in the left side of the face and in the eyes .


except for a high improbability in the prosecution case , conviction in the case of a sexual offence may be based on the sole evidence of the prosecutrix .


a copy of this order may be sent to the Principal Secretary of the Department of Education for strict compliance with the order by all concerned . 15 .


according to him , for the post of Driver , the University had first prescribed the eligibility of having only the driving licence of a light motor vehicle .


in the case of non payment of fine , the appellants were directed to undergo rigorous imprisonment for the period of one year and for each of them .


Fauna for the post of Urdu subject will be irritable by the Board of Madarsa Examination Centres / institutions recognised by the Government of Bihar and the State .


the driver of the vehicle is also covered under the insurance policy , thus , the claimants are entitled to receive the amount of compensation from the insurer .


the petitioner shall be given an opportunity to file his reasons for the filing of the inquiry in respect of the memorandum of charge as framed against him .


according to the learned counsel for the appellants , it is a serious violation of Order 5 Rule 19A of the Code , which is mandatory in nature .


after that , the father - in - law had come to the spot with the chowkidar , both of them had taken Blediya Devi to the dispensary .


at the same time , the co-rural palanquin was going to a Kali Mai place on the eastern side of Ram village , behind which the appellant was .


the cognizance was taken in the light of the plaint , after the supply of the police paper , the matter was referred to the Court of Session .


there are references to a number of cases in the case diary which point out that the incident had taken place due to a deeper story of conspiracy .


the same view has been taken by the Hon 'ble Supreme Court in the case of Sneha Gupta vs. Devi Swarup , 2009 ( 6 ) SCC 194 .


where there was no provision for the constitution of the Tribunals and the Waqf Tribunals have been constituted for the first time under the Wakf Act , 1995 .


during the course of the inquiry , the Chief Medical Officer had come to know that the Centre was being run by the petitioner and a qualified Sonoologist .


it is the language of the proviso that makes it mandatory for the State Government not to extend the period of three months of detention at any time .


it is one of some of the infirmities upon which the conviction of the appellants under Section 412 of the Indian Penal Code is to be set aside .


since there is a presumption in favour of the plaintiffs in relation to the joint , it is the duty of the defendants to prove the previous partition .


however , to the Magistrate who provides such benefit to the accused , it is necessary for him to take in the ordinary course of precautions enumerated above .


for the purpose of preparing the panel in accordance with the said provision , the head of the concerned Gram Panchayat shall be the Chairman of such Committee .


7- In view of such a commitment made , the petitioners can do the construction work , but this will be subject to the outcome of the suit .


one is on the side of the plaintiff concerned with the capacity to buy the property and the other is related to the capacity to construct the house .


according to the learned counsel , the judgment relied upon by the appellant , namely , AIR 1962 SC 1879 , is not applicable in the instant case .


Schedule B is a schedule ' B ' of movable property while Schedule C is a description of immovable property which is the subject matter of the suit .


when the panic was caused , her father - in - law doused the flames , and in her hand got as much as a little of burn .


from the above as well as from the perusal of all the documents available on the Table of the record , the following conclusions can be arrived at :


he was in charge of the establishment branch with a specific duty to maintain the service books of all the employees recorded on the rolls of the institution .


it has been laid down by this Court , which is a well established principle that it is the duty of the Court to assess a logical compensation .


9- On the one hand , the respondent and on the other hand , the petitioner had purchased an area approximately equal to that of the same vendor .


though the matter has reached the stage of framing of charge , in my opinion , it will not make any difference to the fate of the case .


in the opinion of this Court , it would not be appropriate for the Court to comment upon the merits and consequences of the investigation at this stage .


14 . having come then to the nature of evidence , first , there is a sense of propriety of documents relevant to the conduct of the parties .


( V ) This notification shall come into force on the expiry of thirty days ( thirty ) from the date of its publication in the Official Gazette .


the first of them is the son Bhagwan Prasad and his two daughters are the defendants , while the other four sons are the plaintiffs in the case .


( IX ) Whether the plaintiffs are entitled to the same along with interest at the cost of the suit at the rate of 18 % per annum ?


the properties are joint according to the respondents , then each member of the joint family has a right over each of the properties of the joint family .


" medium School " has been defined as the state and state - of - the - art school providing education in the seventh and eighth standard . "


it is also revealed that there is a specific averment in the plaint that during being the karta of the Dhanu Mandal , the family took over the acquisition


3- In the suspension period , the headquarters of Shri Ram will be the Office of the Regional Chief Engineer , Department of Public Health Engineering , set-off .


17- It is apparent from a plain reading of Section 120 of the Evidence Act that in a civil proceeding , the husband shall be a competent witness .


it is , therefore , clear that I had full control over the branch as well as on the day - to - day activities of the branch .


all functionaries are those who are lawyers , be it Judges or the rest of the staff , have to act in accordance with morality and high ideals .


within two months from the date of enforcement of the existing Act , the plan prepared by a group of Secretaries will be presented to the State Government .


in the Scheme of Rule 12 ( 3 ) , the entry certificate of the child concerned ( or equivalent ) is the option of the highest level .


( II ) the date of birth certificate ( other than the primary school ) from the school for first entry , and in the absence of which ;


therefore , on the consensus of the parties , on merits as well as on the limitation petition , both the parties have heard and perused the record .


in this case , there has been a violation of a statutory provision and due to violation of a statutory provision , the entire enquiry has been vitiated .


when they went to the sound of a bullet , they saw that Sonu Kumar had fallen in a wounded state and the four people are running away .


43- The Chief Secretary shall ensure that the order be sent to all the District Magistrates and that the order of this Court should be given due publicity .


elections to Parliament and State Legislatures are held by the Election Commission of India in terms of the provisions of the Representation of the People Act , 1950 .


the petitioner is the advocate of the husband of the complainant in partition case no . 153 of 2010 brought out by the son of complainant Shikshant Prabhakar .


as a result , there will always be a material exaggeration of the fields by one entry in the list and another by another entry in another list .


In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor of the State may by regulations—


Provided that nothing in this clause shall apply to the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab.


64. Institutions for scientific or technical education financed by the Government of India wholly or in part and declared by Parliament by law to be institutions of national importance.


(c)  the aggregate participation or investment in the fund, directly or indirectly, by persons resident in India does not exceed five per cent of the corpus of the fund;


(a)  a person shall be deemed to be of Indian origin if he, or either of his parents or any of his grandparents, was born in undivided India ;


(a) subtracting the proceeds of the sale (so far as they consist of capital sums) from the amount of the cost of acquisition of the rights remaining unallowed; and


(iii) is for the time being approved by the prescribed authority81 at any time after the 31st day of March, 2000 but before the 1st day of April, 2007;


(c) "floor area ratio" means the quotient obtained by dividing the total covered area of plinth area on all the floors by the area of the plot of land;


(b) "scheduled bank" shall have the same meaning as assigned to it in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934);


(3) Every such sale shall be held, as far as may be, in accordance with the procedure prescribed for the sale of movable property in execution of a decree


But as soon as the decree is drawn, the judgment shall cease to have the effect of a decree for the purposes of execution or for any other purpose.


(b) in Hindi or English where the language of such record is other than Hindi or English, shall also be sent together with the record sent under that sub-section.


The Court of the Judicial Magistrate of the first class or the Metropolitan Magistrate may also take suo motu cognizance on the basis of any reliable report or information.


7. It needs to be mentioned that there is no dispute that the deceased persons died at the spot at the time, place as indicated in the prosecution story.


Accordingly, electric bill for August, 2001 was issued charging the rate applicable to commercial tariff and also on the basis of connected load taken to be as 13 KW.


It is further stated that the signatures of Haji Imam Bux on the said agreement is not the signature of Haji Imam Bux and the same are forged signature.


On reaching Hazaribagh at 1.30 a.m. in the night, the prosecution party went to the place of occurrence where they found dead body of Yogita lying on a bed.


11 . from the statement of the prosecution witnesses it is clear that they are inconsistent with regard to the period of marriage and the demand of dowry etc .


hence , the appellants cannot get the benefit of professional experience as computed by clause ( c ) aforesaid clause ( c ) of Rule 3 of the Rules .


therefore , in my opinion , it is not worthy of confidence that there can be a difference of 24 years in the age of the husband and wife .


it is the act of the Court to decide the nature of injuries caused with the actual weapon used , the nature of the weapon used and the intention .


the appellants are purchased in the year 1956 and this purchase is not a sale made out of the liquidated debtor but is a purchase in the auction sale .


" the words " " occurring in Section 11 ( 1 ) ( c ) of the Act " " meticulously and harmoniously " are meticulously and explained . "


as a matter of fact , the cults of the great deities of the Mutt were dedicated to the presiding deities and to the worshippers of the Vaishnava sect .


ATAL BIHARI VAJPAYEE : selected SPEECHES Mahanta served as his successor in the midst of his chambers and did not play in the choice or nomination of the people .


in the course of investigation , the duty of the police is to find out the real culprits in relation to a cognizable offence and bring it under law .


34- Now , I wish to decide the present case in the light of the principles settled by the Hon ’ ble Supreme Court in the judgments cited supra .


it is full of defects which appears to have been inspired and instigated by Satya Narayan Yadav who has enmity with Sajjan Yadav , the father of the appellant .


the daughter of Bachi Singh , that is , the plaintiff would get an interest in the separate property of his father and not in the coparcenary joint property .


it is a settled principle of law that if the amendment is allowed , it shall subsequently go back and relate to the date of filing of the suit .


in the Scheme of Rule 12 ( 3 ) , the entry certificate of the concerned child ( or equivalent ) is the most option of the highest rank .


here in the present case admittedly the sale deed is a registered sale deed executed by the defendant 's predecessor , recognised shareholder Sheikh Arzu in favour of Sharuuddin .


hence , after the death of Achhi Devi , Kashi Nath Mahat , the nearest high - caste person of the nostrils , came to pass to the court .


33- The materials available on record and also the depositions of the parties , prima facie , point to a relationship in the nature of marriage between the parties .


3- The particulars of the assets and their value , which shall fall in the hands of the applicant , are set out in Schedule A of the application .


of which besides Ext . D , Ext . 5 / 1 and Ext . 2 / 1 are noted under Section 294 of the Code of Criminal Procedure .


the law is that it is the duty and obligation of the courts to deal with cases or otherwise it would amount to being a party to the strike .


on such an assessment , it appears that the Act of the State has been entered into an area covered by the Central Government , it will be unconstitutional .


it need not detain us with a note of fact that proceedings under Article 226 of the Constitution are not conducted by the Code of Civil Procedure , 1908 .


Section 141 of the Code of Civil Procedure excludes the application of the provisions contained in the Code of Civil Procedure on proceedings under Article 226 of the Constitution .


in the earlier order , the High Court has only conducted the trial with regard to the substitution of the heirs of the appellant No. 4 , Palit Choudhary .


Hon 'ble Jayanandan Singh , J. [ Sheikh Izuatullah vs. State of Bihar & Ors . : W.JJC No. 3466 of 2003 . decided on 15th May , 2014 .


according to the appellants , at the time of the accident , the vehicle was insured by the United India Insurance Company Limited ( respondent no . 1 ) .


there is a vital difference between the role and status of the Public Prosecutor ( including Additional Public Prosecutor and Special Public Prosecutor ) and the Assistant Public Prosecutor .


in the earlier suit , a categorical finding has been recorded that in the partition of Sunderlal Thakur , he was in possession of the property allotted to him .


Hon 'ble Ashutosh Kumar , J. Hon 'ble Shri Ramesh Kumar Das vs. State of Bihar Criminal plans No. 45126 of 2011 . decided on 15th December , 2014 .


in the course of the quarrel , it was followed by Ramanuja Singh who had fired with a gun shot , which was on the chest of Yogendra Singh .


thus , we find that as a result of the investigation , the filing of the charge sheet and the consequential trial of the appellants does not inspire confidence .


both the courts below have , after cross-examination of the oral as well as documentary evidence , concluded that the preponderance of probabilities is in favour of the plaintiffs .


he was also hungry and due to this he had gone to a shop on the banks of both the railway station where he had taken tea and biscuits .


I am of the view that in the absence of accused persons , there is no impediment to the trial court to continue the trial in the present case .


he has also cited a judgment of Division Bench in the case of Mohd . Shamsuddin & Ors. vs. State of Bihar & Ors . : 1983 PLJR 347 .


even the cases relied upon by them in view of the law laid down in the Full Bench judgment do not appear to be laying down of correct law .


therefore , the abandonment of the groom by the members of the prosecution in a haphazard manner at the door of Shankar Rai appears to be an irrelevant one .


( viii ) Whether on the basis of the said Hukudama , the defendants 1st group and third group had ever been in possession of the land in dispute ?


advocate , N . J . p . is attracted to maharh @ sanadis , Aumicarus indicus or Appliances ; Mr . Azarif Mazzy Mismsche , F or RRB .


thus , while laying down the criteria , the State was required to give effect to the basic principles enunciated in the constitutional scheme as interpreted to Indra Sawhney -


the impugned conviction of the accused appellant Mahendra Massier and the sentences passed against him by the judgment under appeal and the order under appeal are hereby set aside .


the petitioner was able to deposit in the name of installments at Rs . 49 , 000 / - followed by a sum of Rs . 20 , 000 .


this resolution of the State Government was also taken with the concurrence of Department of Personnel and Administrative Reforms , and Department of Finance , Government of the State .


the auditor is in no way superior authority than the Finance Officer of the University or the Registrar of the University or the Vice - Chancellor of the University .


in the event of there being no legal validity of the guidelines or the Rules , the aggrieved person can challenge any particular law as being violative of it .


in our opinion , the minimum gross figures can be reduced to 50 per cent and the minimum marks in each subject to a minimum of 40 per cent .


1 . Ahasuddin Ainullah , J. — Heard Mr. Deenu Kumar , learned counsel for the petitioner and Mr. Lalitat Kishore , learned Additional Advocate General for the State .


therefore , in view of the decision of the Division Bench , I do not find any reason to interfere with the final decree passed by the lower court .


in that sense , its independence of classification will be regulated by the standards developed by itself and there should be demonstrable justification to make departure from it . ”


hence , there is no provision of any appeal against any other interlocutory orders passed by the Special Court or the Special Court , as the case may be .


28- The necessary orders shall be made by the senior Superintendent of Police , Patna within a period of three weeks from the date of receipt of this order .


according to convenience , consent was formed on the purchase of land either in the name of the plaintiff or in the name of his associates in the shares .


16 . however , the most important aspect of the matter relating to identification is the report of the Forensic Science Laboratory and the evidence of the Investigating Officer .


( 6 ) The High Court or the District Judge , as the case may be , shall prepare a list of Commissioners for recording evidence under this rule .


a bare reading of these provisions shows that the provisions of the Code of Civil Procedure , 1908 shall be applicable in all the appeals filed under Section 39 .


the first criteria to be taken into consideration is the market value of the land on the date of publication of the notification under Section 4 ( 1 ) .


under no circumstances , the court has not to allow compensation on the basis of the nature of the land and even of the trees which have bearing fruit .


in such circumstances , we are inclined to convict the appellant under Section 302 of the Indian Penal Code , Section 304 Part I of the Indian Penal Code .


he has to defend himself in the conduct of his business , in his own acts and in the performance of his duties , who act on his behalf .


8- One small village of about 150 - 170 households situated at a distance of a few kilometres from Bhagalpur district town is the site of the Lodai incident .


on the contrary , there is reason to be shown that the witnesses have reason to conceal the actual culprit and rope in it to implicate the untruthful accused .


for the purpose of maintainability of a petition under Section 140 of the Act , a joint petition purported to be under Section 166 of the Act is necessary .


he stated that in fact , the prosecution had a land dispute with the appellant Bijay Mondal , on account of which it has been given a false measure .


13- Learned counsel for the appellant during the course of the argument was extremely conscious and on account of that , he had confined his submission to two aspects .


43- In the context of above , the hearings of the Supreme Court in the case of Godavat Spices ( supra ) have also been found to be relevant .


39 . the instant case , therefore , is squarely covered by the expression “ to take away ” as defined by Section 362 of the Indian Penal Code .


from a perusal of the order , it appears that admittedly , the applicants of the miscellaneous case were minor on the day of filing of the Settlement Application .


besides , the activity of the Supreme Court has also been proved , who had caught the hand of Rama Ugen in the course of his facilitating the crime .


Niranjan Prasad @ Sanjay Prasad Vs . State of Bihar & Anr . , a Criminal Regulation No. 22171 of 2014 . decided on 21 st July , 2017 .


this is certainly a matter of appointment to the clerical cadre of the bank , keeping in mind the fact that a job is available in the ordinary course .


the basic sign of status is its attachment to a legal relationship of rights and obligations imposed by public law and not merely by the consent of the parties .


hence , reliance of the petitioner on the said decision of this Court will not serve any useful purpose in relation to the issue involved in the present case .


the application of the provisions of the Code of Criminal Procedure is , therefore , limited to the Family Court only in proceedings under Chapter IX of that Code .


Hon 'ble Chakradhari Sharan Singh , J. Ravi Kumar vs. State of Bihar [ Criminal Rev alignment No. 557 of 2016 ] . decided on 7th February , 2017 .


the petitioner no . 1 M / s Sri Raghawendra is a Customs Officer and petitioner no . 2 is the commission agent of the petitioner no . 1 .


Hon 'ble Abuddin Amanullah , J. Hon 'ble Manoj Kumar vs. State of Bihar & Ors . CWJC No. 3179 of 2017 . decided on 4th April , 2017 .


21. Piracies and crimes committed on the high seas or in the air; offences against the law of nations committed on land or the high seas or in the air.


73. Salaries and allowances of members of Parliament, the Chairman and Deputy Chairman of the Council of States and the Speaker and Deputy Speaker of the House of the People.


91. Rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts.


(b) in clause (a) of paragraph 1, the words “or the Legislative Assembly or, as the case may be, either House of the Legislature of a State” shall be omitted;


(i)  any assets held by the research association where such assets form part of the corpus of the fund of the association as on the 1st day of June, 1973;


Provided that the percentage of equity share holding of the fund shall be computed with reference to the annual average of the monthly averages of the opening and closing figures;


(i)  the storage and sale by the foreign company is pursuant to an agreement or an arrangement entered into by the Central Government or approved by the Central Government; and


(a)  no deduction shall be admissible under this section to the amalgamating or the demerged company for the previous year in which the amalgamation or the demerger takes place; and


(i)  any assets held by the trust or institution where such assets form part of the corpus of the trust or institution as on the 1st day of June, 1973;


(c) "Indian Institute of Technology" shall have the same meaning as that of "Institute" in clause (g) of section 3 of the Institutes of Technology Act, 1961 (59 of 1961);


36. (1) The deductions provided for in the following clauses shall be allowed in respect of the matters dealt with therein, in computing the income referred to in section 28—


(i)  the loan has been sanctioned by the financial institution during the period beginning on the 1st day of April, 2016 and ending on the 31st day of March, 2017;


(i)  the business of the hotel has started or starts functioning after the 31st day of December, 1970 but before the 1st day of April, 1990, in any backward area;


(b)  the rate of drawback credit attributable to the customs duty was higher than the rate of credit allowable under the Duty Free Replenishment Certificate, being the Duty Remission Scheme.


(a) no deduction shall be admissible under this section to the amalgamating or the demerged company for the previous year in which the amalgamation or the demerger takes place; and


(ii) not less than eighty per cent of such floor area ratio where such project is located in any place other than the place referred to in sub-clause (i); and


(viii) "Software Technology Park" means any park set up in accordance with the Software Technology Park Scheme notified by the Government of India in the Ministry of Commerce and Industry;


An erroneous opinion as to the value of the thing which forms the subject-matter of the agreement, is not to be deemed a mistake as to a matter of fact.


7. If the petitioner is aggrieved by his wrong fixation, he is at liberty to bring the same to the notice of the concerned authorities by way of filing representation.


Hon'ble D. N. PATEL, J. Basic Fuels Pvt. Ltd. Versus Bihar State Credit & Investment Corporation Ltd. & Ors. W.P. (C) No. 1717 of 2011. Decided on 3rd May, 2011.


He was accompanied by his Counsel at the time of filing his election petition and that the petitioner had himself presented the petition to the authorized officer of this Court.


I further find from the documents which are exhibited by the defence specially Exhibit B which shows that the land in dispute is recorded in the name of Bihari Mahato.


Last but not the least, the submission of the petitioner is that the punishment awarded is disproportionate to the act of delinquency and, therefore, it is liable to be reduced.


even in the said title suit , both Bhagwan Singh and Surendra Singh had deposed in favour of Shambhu Nath Singh , son - in - law of the deceased .


it is the case of the plaintiff that considering the requirement of the defendant , they had rented a house for rent of Rs . 250 / - per month .


according to the defendant , the parties were descended from a common ancestor Govind Singh , who had three sons , Mahavir Singh , Ram Sewak Singh and Bahadur Singh .


the name of Bahadur Singh , ancestor of the plaintiff , is present and the defendant ' s acceptance is that the plaintiff is a descendant descended from Bahadur Singh .


from the evidence of this witness , it appears that at the time of the incident , he was at a distance of ten cubits from the procession of Muharram .


it is apparent that there has been some delay due to some confusion in the communication on the part of the investigating agency , which is a monitoring investigation Bureau .


in his opinion , death was caused due to ante mortem injury caused by firearms , in respect of which the death was caused as a result of brain injury .


the case of the plaintiff , in brief , is that the suit property was disposed of by the erstwhile land owner in favour of the father of the plaintiff .


in my opinion , in these circumstances , the decision of the Supreme Court , namely , AIR 1957 SC 133 , is fully applicable in the case at hand .


however , the position would be different where there is no dispute or there is a consensus amongst the parties making the contract with regard to the breach of conditions .


there is not even a whisper of apology or explanation in the counter affidavit as to why the Board officials did not consider it necessary to proceed with the representation .


it is only PW-1 who has come up to support the prosecution case , who is not a nominated witness in the FIR , who is also a stark one .


Hon 'ble Mhir Kumar Jha , J. in Biresh Prasad Vs . State of Bihar and others , CWJC No. 8654 of 2008 . decided on 19th March , 2012 .


therefore , with the cumulative effect of the discrepancies and inﬁrmities on record , the findings recorded by the trial court cannot be said to be supportive of the matter .


the object of raising a further reasoning on the praiseworthy principle mentioned in Section 52 of the Transfer of Property Act is based on the exclusion of such a transferor .


hence , even in the presence of some contradictions in the deposition of the prosecution witnesses , the aforesaid contradictions do not go to the root of the prosecution case .


in particular , in the event , when there was a land dispute between the parties and the above appellants did not do anything at the time of the incident .


in my view , the residential requirement seen in the advertisement is the actual residential accommodation of the applicant in the concerned district and is not a legally owned residence .


the Registrar General of this Court , on failure , shall take action by way of any of the routes provided in section 421 of the Code of Criminal Procedure .


3- According to the case of the plaintiffs , Ramji Dubey used to be the common ancestor of the joint family from which the plaintiffs and the defendants were concerned .


advocate . - Mr . workmen , applies to any number of applications ; M / s / SDA operating Dyes , Dheermm , Turanincorporated , openet amm , etc .


the plaintiff is running his business at the most appropriate and convenient place , which is a large shop located in the main site of the embroidery of Sujganj market .


why would the wife and son of the deceased , who were present at the time of the incident , try to implicate the innocent rather than the real culprits .


therefore , it would not be proper to look at the evidence in doubt but the correct attitude has to be appreciated for the reasons on which it is based .


the incident occurred on 19 . 10 . 1986 at about 10 to 11 : 00 a . m . , that is to say , the day is grueling .


Hon 'ble Kishore Kumar Mandal , J. Hon 'ble Renu Devi vs. State of Bihar and others , CWJC No. 2099 of 2013 . decided on 15th April , 2014 .


according to the plaint , defendant No. 2 is the only creditor of the name of defendant No. 1 , who was a temporary purchaser under the conditional sale deed .


it is unfortunate that competition in the matter of elections for the post of a village chief and serious crimes such as those of the State should not be punished .


the incident place is the verandah of the informant and door , which is in the northern side of village , Dharampur , Bhathpur , P.S. Puusa , District Samastipur .


9 . admittedly , in the instant case , the partition proceedings were going on before the institution of the suit and it is an admitted case of the parties .


it is not the case of the appellant that the findings of the courts below are contrary to the evidence available on record or are without any evidence on record .


it would be better for him to necessitate documentary identification by the government or semi - government authorities and to make a brief description of it in the order sheet .


after the discussion , the motion will be voting on the same day , which will be conducted by the District Magistrate in the prescribed manner by secret ballot . "


at the relevant time , the share of the marketing secretary and the Assistant Director was in the cadre of the second category and were of the same pay scale .


she was married to the second wife three sons , viz . , Moinuddin , Faziluddin , Badruddin , Badruddin and three daughters , the Femas , Asul and Moista .


the aforesaid conduct probabilises the version of the defence and on account of that , the conviction and sentence recorded by the learned trial court deserves to be set aside .


on the other hand , the totality of the effect generated by the candidate on the interview body can give a more accurate picture of the candidate ' s personality .


[ 87 ] . coming to the merits and demerits of this appeal , Mr. Giri has , on two grounds , assailed the order of the learned Single Judge .


Hon 'ble Mhir Kumar Jha , J. : Manju Kumari vs. State of Bihar & Ors . , CWJC No. 3199 of 2012 . decided on 16th May , 2014 .


in our opinion , it is only the duty of the State Government and the State Government to appoint the authority for the purpose of Section 44 of the Act .


the most important question , therefore , is that John BX ' s property , i . e . her four annas will go to Khyat or to Jamal Hussain .


thereafter , the petitioner had contested the election of Head of the Village Panchayat , Bagheli in the year 2006 , which was reserved for a highly backward female candidate .


2- The petitioners M / s Sh . Ram Fulds and Fertilizers Industries , New Delhi , Sekadpur , Muzaffarpur are the godown manager and the clerk respectively of Muzaffarpur .


the location of the acquired land has not been taken into consideration , which is very close to the Sasaram - Chuh Road and is within the Sasaram Municipal area .


due to the fact that there has been a violation of the mandatory clause of the law , therefore , it is justified to convict the appellant at that point .


this may appear to be some of the more attractive if one takes into account the general concept of reservation in favour of the Scheduled Castes and the Scheduled Tribes .


( see para 23 of the judgment ) , therefore , it is necessary for the State to point out the period for which the reservation shall remain in force .


in such view of the matter the right way of choosing the multiplier is the age of the deceased as there would be certainty regarding the age of the deceased .


in the submission of the petitioners , the State Government , after the commencement of the recruitment process , had altered the principle of adverse selection to the writ petitioners .


at the time of occurrence , the informator along with his brother deceased Shailendra Singh was engaged in plantation of paddy in the outer area of the village at Noampri .


advocate . - Mr . N . ain Karnataka State , Form - 11 , P & 62 ; Mr . K . s . a , Financial & gt ;


the information of the meetings of the accused-Satyanarayana is adjoining to the west of the informant and further there is open ground and there was a dispute for the same .


it was stated that the Bihar Public Works Department , which handled the work load , has been amended in the Code of Bihar and the relevant Rules of 2005 .


according to the petitioners , all these powers are derived from the provisions of Section 15 and Rule of the Act along with the guidelines issued by the Central Government .


this amount will be recovered by the head from the wages of the appellants , and will be used for the purpose of improving the facilities in the affiliated schools .


in the appeal filed before him , the Chancellor had taken the view that the Vice-Chancellor should have been discussed in the context of the arguments presented by the appellant .


according to the only respondent , the lands are the valuable lands and are situated between the bequest of the city and also near the market place on Roza Road .


31 . that too , in law , is not difficult to comprehend the consequences of the compliance of any mandatory requirement stipulated in a higher law like the Constitution .


the learned single Judge was , therefore , right in holding that the charge would be in accordance with the domestic duty and not in accordance with the commercial charges .


for them there will be a difference in the date but the profit will be as much as they have been given who has passed through the first attempt . "


the Court concerned could , on the one hand , appreciate the merits and demerits of the final report and on the other , take a decision in this behalf .


the practical course has to be set aside both orders which are apparently illegal and then it has to be ensured that the decision is made in accordance with law .


without going into unnecessary details , it may be said that the first legislative measure in India was the enactment of the Advocates ’ Council of India Act , 1926 .


it will be kept in mind that if an inquiry has been initiated by the District Magistrate , a report of the result will be sent to him for information .


9- The Hon 'ble Supreme Court in the Supreme Court of India , 2014 ( 2 ) SCC 788 , in paras 30 and 31 has held as under : —


the more frequent and far - reaching means of transgressing the privacy will make it possible to hear it on the road , which in near proximity has been whispered .


it is evident from the observation that the first information in this case is the evidence of the involvement of the murder case against the accused / appellant Veena Devi .


the actual proof of harassment is to be the proof of harassment , the mere mental harassment of the concerned authorities is not intended to be incorporated in the section .


as regards the witness being the sister of Barhiya 's wife , the evidence of this witness is not in accordance with Section 50 / 60 of the Evidence Act .


the occupant himself had gone to the spot and found that the disputed house is in the possession of the appellant , in which he is running a grocery shop .


in fact , she used to sit on the table where , with the consent of the petitioner , the counsel used to sit and preside over the union members .


if the pleadings , arguments and even word ‘ evidence ’ are translationthen it has to be kept out of the ambit of cross-examination otherwise the consequences would be inconceivable .


Hon 'ble Mhir Kumar Jha , J. Ram Dhar Ram vs. State of Bihar & Ors . , CWJJC No. 19302 of 2014 . decided on 26th November , 2015 .


3- In the suspension period , the headquarters of Shri Ram will be the Office of the Regional Chief Engineer , Department of Public Health Engineering , set-off / Fumpur .


Hon 'ble Virendra Prasad Verma , J. Hon 'ble Sitaram Singh vs. State of Bihar and others , CWJC No. 3279 of 2011 . decided on 9th February , 2016 .


Hon ’ ble Noble Prasad Singh and Neeloo Agarwal , JJ . Roshan Kumar Thakur @ Roshan Thakur ( in 34 ) , W . Sankati ( in 36 ) .


as required are satisfied . such District Magistrate or Commissioner of Police , if the Deputy Section ( 1 ) is the power conferred on him by the said sub-section .


it is unfortunate that such apparent abuse of the process of the court has not come to the notice of both the learned Judicial Magistrate as well as the police .


9- Having heard the arguments of all the parties , I have also gone through the record and the judgments and the provisions referred to on behalf of the parties .


but , in my opinion , the argument put up by the learned counsel for the State as well as the private respondent is hit by bad and statutory provisions .


in terms of entry 52 of the COPA and the Union List , the area covered by the declaration therein is not the same as covered by the Food Act .


where , on certain grounds , the competent authority has been given power to remove the general or the Speaker , as the case may be , at certain points .


he had reached the place of occurrence on hearing the cries of the victim and in the light of torch , the accused was seen fleeing from a astute curkar .


decided on 20th December , 2016 , His Excellency Ahinuddin Ainullah , J. — Lalita Kumari vs. State of Bihar & Ors . ( JJIC No. 16753 of 2016 ) .


the relevant provisions , in clear terms , require that the reasons / charges of the no - confidence motion shall be clearly mentioned in the notice of the meeting .


all the witnesses are residents of the place nearest to the place of incident and their presence at the place of occurrence and it appears natural to have reached immediately .


Hon ’ ble Abubuddin Amanullah , J. , Ben Singh Vs . State of Bihar & Ors . CWJC No. 9400 of 2016 . decided on 13th February , 2017 .


Hon 'ble Jyoti Saran , J. Niraz Kumari vs. State of Bihar & Ors . , reported in CWJC No. 8298 of 2016 . decided on 14th February , 2017 .


advocate - Mr . N . ab Ahatd , yard village , P - 11 ; M / s . Kr . , Ziorr , Zioridorr , FO / Roner .


10. [(1) There shall be paid to the Judges of High Courts, in respect of time spent on actual service, salary at the following rates per mensem, that is to say,—


(b) The persons to be so associated from the State shall be nominated by the Speaker of the House of the People having due regard to the composition of the House.


(26AAB) any income of an agricultural produce market committee or board constituted under any law for the time being in force for the purpose of regulating the marketing of agricultural produce;


(viii) the contribution made by the Central Government or any other employer in the previous year, to the account of an employee under a pension scheme referred to in section 80CCD;


(ii) the arm's length price as defined in clause (ii) of section 92F, where the transfer of such goods or services is a specified domestic transaction referred to in section 92BA.


(ii) the eligible business is not formed by the transfer to a new business of a building previously used as a hotel or a convention centre, as the case may be;


Provided further that in the first year of a new business, emoluments paid or payable to employees employed during that previous year shall be deemed to be the additional employee cost;


(1) Where the property to be attached is a decree, either for the payment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made,


Therefore, it is only proper to think that the plenary powers of the High Court would include the power of review relating to errors apparent on the face of the record.


3. The prosecution story in short was that the skeleton of the son of the informant namely, Suraj Munda was found near the well of the village which was under construction.


Upon such assurance and on presentation of cheque referred to above the complainant delivered a sum of Rs. 4 lakhs in cash to the accusedpetitioner and kept the cheque with him.


13- The Registry shall forthwith send copies of this order to the respondent Nos. 1 and 2 , the State Government and the Inspector General , Registration , Bihar , Patna .


Hon 'ble Aditya Kumar Trivedi , J. Hon 'ble Shahilesh Kumar vs. State of Bihar Cri . rev . no . 1175 of 2012 . decided on 1st November , 2013 .


thus , it cannot be said that the identity of the accused persons except Krishna and Bhola had been identified by the prosecution witnesses for the first time in the Court .


the sentence of death and imprisonment for life does not correspond to the totality of the crime and it does not fall within the ambit of the rarest of rare cases .


according to the learned counsel , Ex . -A is a piece of sale deed by which the father of the appellant has purchased a piece of land measuring 79 decimals .


the property adjacent to the sale deeds had been sold at Rs . 460 per Kathlog while the Pleader Commissioner has valued the suit land at Rs . 360 per Bigha .


the first part is with regard to the taking of deceased Ram Prit Singh by Jagan Sahani , while the other is with regard to the murder of Ram Prit Singh .


the size of the rooms was 9 " x11 " whereas the room which was in the possession of the petitioner in the old structure was 17 " x 16 " .


( I ) Whether the educational qualification of the post graduate in general operation acquired by the petitioner can be treated as dilatory of his knowledge and beneficial to the State ?


from the facts and circumstances stated above and the law laid down by the Supreme Court , it is clear that the document in question is a will and nothing else .


during the period of above appointment , the services of the Public Prosecutor / Additional Public Prosecutors appointed from the Bihar Prosecution services will be under the Department of Law . "


in the meanwhile , record relating to suspension of the licence within a fortnight from the date of suspension of the licence should be sent to the District Level Selection Committee .


( VI ) The person sought to be made liable should be incharge of , and responsible for , the conduct of the business of the company at the relevant time .


in all such cases , the usual plea is of a career of innocent students , who have been caught in the trap of the perilous post of school authorities named .


there are such clear comments in the Service Book that the Senior Auditors have even veriﬁed the increments and payables to be provided for the fixation and promotion of the salary .


( I ) Whether the sale is without jurisdiction and not without injunction in contravention of the provisions of Section 49 ( M ) of the B . t . Act ?


it would be appropriate to mention the reasons given by the Third Additional Sessions Judge , Sewharhi to acquit the husband and father - in - law of the deceased woman .


thus , in the presence of the aforesaid oral and documentary evidence , we do not find any inconsistency in the case of prosecution with regard to the place of occurrence .


the services of the petitioners were covered under Section 2 of the Bihar Education Service Group and it was run by the Bihar Service Code and not by the University Statute .


after the final decree , a execution case had come up which had raised the execution case no . 8 of 1980 , at the request of the plaintiff Shankar Ahir .


in the instant case , the charges have not been framed as the petitioner was not given the cause notice , then the attempt of the necessary enquiry would be futile .


thus , while disputing the title of the plaintiff on the suit land , the defendant made such a submission that in fact , he had title over the suit land .


5- Learned counsel for the State , on the other hand , submitted that the manner of investigation cannot be in accordance with the suggestion of the counsel for the case .


7- In view of the aforesaid party to the University , it would first be necessary to inquire into the power vested in the Vice-Chancellor under Section 10 of the Act .


4- It is relevant to mention here that during the trial , the prosecution , in addition to the list of exhibits , examined as many as nine witnesses in all .


32- However , it will be open to the petitioner to raise the question of validity of the admission order , in the course of trial , at a proper stage .


it is obligatory on the part of the prosecution to show that there was cruelty or torture immediately before the occurrence and , in that event , the presumption is effective .


the further plea of the plaintiff is that for the first time , it was known to him in the year 1972 after getting the copy of the sale deed registered .


when the evidence is available and in all the cases , the matter should not be remitted to the trial court on the basis of which evidence and plea are available .


in its support , reliance has been placed on the decision of the Supreme Court in AIR 1962 SC 361 ( Ram Lal & Ors. vs. Riwa Kolfacilities Ltd . ) .


above is expressed in sub Rule ( 3 ) of Rule 12 of the said Rule ( 1 ) to hold that exact age is to be held to be mandatory .


the genealogy filed in the mutation proceedings is so wide that the daughter of the three daughters of the brothers Mahato and also of the daughter of the bribery is mentioned .


3- It is further the case of the plaintiff that the defendant 1st party was the tenant of the month rate to the 2nd party in respect of the suit accommodation .


it is also a well established principle of law that the court , for the first time , has to reasonably identify the extent of the premises required by the landlord .


it is unfortunate that competition in the matter of elections for the post of leader of the village and serious crimes such as those of the State should not be punished .


it has been stated in the claim petition as well as in the affidavit as well as in the cross examination that he is late Jamun , the wife of plain .


consequent to the reorganization of Bihar , there were only 531 posts of Panchayat Sewak in the State of Bihar , of which 12 were in the share of Katihar district .


the appointments were to be made in accordance with the Bihar State Primary Teachers ( Employment and Conditions of Service ) Rules , 2006 ( for short ‘ Rules ’ ) .


he was found in the house ' s balcony , the son of the informant , Ranga Raj , lying in a pool of blood and was lying in a loin .


in the course of the search , he had entered the house of the accused from the back door as the lock was made at the main door of the house .


in support of the same , the private respondents attached a notice signed in acknowledgement by both the appellants on the abandoned R4 and R4 / 1 in their counter affidavit .


admittedly , the dead bodies of the aforesaid two victims were not recovered , as a result of which , the bodies of the aforesaid victims were not post mortem examination .


the Rules of 2006 , particularly , were discussed in the above referred case of Smt . Renu Kumari Pandey , which was the ambit and scope of Rule 20 thereof .


13 . in the event of any violation of the provisions set out in this Resolution , the State Government shall not be bound to make grants to Panchayat Educational friends .


Hon 'ble Dr. Ravi Ranjan , J. Hon 'ble Shanti Devi vs. State of Bihar & Ors . , CWJC No. 14904 of 2012 . decided on 26th March , 2014 .


it is the specific plea of the petitioner that for the said second reason , he was not served with a copy of the enquiry report along with the query notice .


the occurrence place is the clearing house of the official quarter of the Advocate Dom , son of Lakshmi Dom , and the area to the north side of her house .


in the aforesaid background , there is no clinching point of the existence or absence of blood at the place of occurrence on account of non-challenge to the place of occurrence .


he was shown the place of occurrence and he had found that there were some marks of blood which were found on the surface of the door of one Virendra Singh .


the judgment of the appellate court is at Ex . 3 while the judgement of the trial court in title suit No. 166 of 1966 is Ex . 3 / a .


as is evident from the report of the process communication submitted at Appendix C , the course to send the requisition was adopted by the Executive Officer from the Speed Post .


Chapter X - B , inserted in the Constitution under the 97 th Amendment , intends to ensure the management of co - operative societies and the autonomy of democratic functioning .


Hon 'ble Virendra Prasad Verma , J. Hon 'ble Sudhir Kumar Singh vs. State of Bihar and others , CWJC No. 2589 of 2014 . decided on 9th October , 2014 .


5- It is further the case of these defendants that the properties mentioned in Schedule A ( 1 ) of the plaint are not the property of the ancestral joint family .


further , it was the statement of the investigating officer that on the interview of the victim , Yogendra came along with torch and the clothes of the accused were seized .


the informant had gone to the bank of the river on Tuesday but his brother Arun Goswami and Kailash alias Kela Yadav did not come to the bank of the river .


the informant and his sons had got the 11 Deisila of Hari Darshan Singh ' s land , which was , on the whole , about 2 bighas , 8 kattha .


admittedly , in this case , a case has been made out by the plaintiff in the plaint but there is no such cogent evidence in support of the said fact .


further , the public in the general public continue to say as such and the reason for the same should not be the rejection of the evidence of the prosecution witnesses .


the facts relating thereto are in dispute as to whether the said land , which is in response to the plot of land of the respondent , is a public road .


this is also to be done by the disciplinary authority and is to be done without hearing the concerned Government servant , because of the deterrent effect of the second proviso .


the only case set up by the Defendants is in the nature of the Israara deed and subsequently a consideration of Rs . 140 / - was given to the purchaser .


7- In the light of the statements recorded under Section 313 of the Code of Criminal Procedure , the case of the accused persons was for total denial of the incident .


it is submitted that after caught hold of the truck , the recovery was made from him and the appellants are admittedly the driver and the mine of the said truck .


Hon 'ble L. Narsimha Reddy , Chief Justice Lal Babu Sav State of Bihar vs. State of Criminal blocks no . 4105 of 2012 . decided on 23rd April , 2015 .


the criminal court had not come to the conclusion that the confession was not made , or it was a forgery , or the same was not written by the accused .


more or less , it would be appropriate to refer to the judgment of the Allahabad High Court in the difference , viz . , at Prayag Das ( supra ) .


he has submitted that from the perusal of the allegations made in the FIR , it will be apparent that the accused persons had used the language of non — violence .


11 . from the perusal of the impugned judgment , particularly , para 17 , it is apparent that the learned tribunal is under confusion regarding the age of the deceased .


19 . making a reference to the aforesaid Section 19 ( 1 ) and notification of the Act shall show that the notification does not merely prohibit the keeping of alcohol .


it is also the duty of the Court to ﬁnd out the true intention of the legislature and ascertain the purpose of the statute and to give it a full meaning .


Hon 'ble Rakesh Kumar , J. in Anita Kumari vs. State of Bihar & Ors . , reported in CWJC No. 4257 of 2011 . decided on 20th October , 2016 .


31 . in the terms of the above observations and directions , this application for bail is disposed of with Hon 'ble V. Nath , J. Hon 'ble V. pm Pushpa .


Singh , Justice M / s . industrial Health Species Private Limited Versus State of Bihar & Ors . WJJC No. 10349 of 2002 . decided on 8th September , 2015 .


they had also found that the wife of Bhola , Bhola , — Bhola , — Shyam Sunder , Mahavira and Mahavira — wife of Mahavira — both had committed murder .


the announcement of Girija Kanwar , that he is the widow of the late Vindhyavasini Singh , and that he has also shown his permanent home to the village of Kodan .


the interaction of the above statutory provisions and the underlying legislative intention shall be of great importance in the evaluation of the materials available on record and recording the final conclusions .


the petitioner came to know about the forged agreement for the first time when he had received certified copy of the complaint petition filed by the complainant in the complaint petition ;


13- From a perusal of Section 23 of the Contract Act , it is clear that every claim that is without law , the object or consideration of which is against .


hence , the entire process relating to the seizure and analysis of the drugs in question has been carried out in such a manner which is not designed in law . "


Sunil returned with a sword in his left hand with a sword and a sword in his right hand and gave him a sword blow on the cheek of his country .


such expenses as aforesaid shall be payable within a period of four weeks which are to be deposited with the Patna High Court at the disposal of the Legal Aid Committee .


the learned Magistrate had also taken cognizance against both the Sections , namely , the Indian Penal Code and the daughter of the accused and the petitioner under the Arms Act .


( I ) One sharp cutting of the size 14 " x % x 4 " on the forehead which penetrated deep to the degree of probospanium on the left eyebrow .


they , being a member of the police department , will miscarry the message of the people at large and lose faith in the people in their confidence in the police .


the complainant District Magistrate - cum - Collector , Katihar , with regard to Money involved by the petitioner Nos. 2 and 3 had gone to the public domain of Katihar .


the Enquiry Officer and the presenter office bearers may be appointed , all relevant documents be made available to the petitioner to which reliance has been placed by the respondent authorities .


in para 24 , he had stated that he had seen the incident from a distance of two and a half - a - and - a - half - lagi .


the order of suspension is also not supportive because it is also in the light of the instructions issued by the higher authority , that is , the District Education Officer .


advocate , M / s AMP / ADN , VISG KG , DIT , Form required representation ; Mr . R . J . & amp ; AG , Financial Institutions .


9. (1) There shall be paid to the Judges of the Supreme Court, in respect of time spent on actual service, salary at the following rates per mensem, that is to say:—


Provided that any such approval shall at any one time have effect for such assessment year or years not exceeding three assessment years as may be specified in the order of approval;


Explanation.—For the purposes of this clause, the expression "Controller of Insurance" shall have the meaning assigned to it in clause (5B) of section 2 of the Insurance Act, 1938 (4 of 1938);


(b)  the provisions of this section shall, as they would have applied to the amalgamating or the demerged Unit being the company as if the amalgamation or demerger had not taken place.


(d)  the whole of the amount paid on account of medical expenditure incurred on the health of any parent of the assessee, as does not exceed in the aggregate 27[thirty] thousand rupees:


(ii)  the Jawaharlal Nehru Memorial Fund referred to in the Deed of Declaration of Trust adopted by the National Committee at its meeting held on the 17th day of August, 1964; or


(iv)  the amount of donation remaining unutilised on the 31st day of March, 2004 is transferred to the Prime Minister's National Relief Fund on or before the 31st day of March, 2004;


(b)  the rate of drawback credit attributable to the customs duty was higher than the rate of credit allowable under the Duty Entitlement Pass Book Scheme, being the Duty Remission Scheme :


It was further held that it was the duty of the Canadian Court to form an independent judgment on the merits of the matter in regard to the welfare of the child.


There are very many other chapters for different subjects but we are concerned with the issue of taking care of illegal constructions in view of the subject matter in the writ petition.


thus , it can be seen that the Chairman of the Madarsa Education Board shall , in the absence of the Board of Education , be the Chairman of the Special Director .


( II ) for the first time , the date of birth , certificate from a school ( other than a sports school ) ; and in the absence of such school .


4- It is the case of the plaintiff that the shopping complex in which the shop in question is situated was obviously of one consequence to Iqbal , varr Ali and Hussain .


Hon ’ ble Mongeshwar Sahu , J. Lachmi Devi & Ors . vs Raj Kumar Prasad & Ors on Special Appeal No. 3 of 2004 . decided on 17th October , 2012 .


it shall be the responsibility of the Director to ensure due compliance within a period of 2 months from the date of presentation of a copy of this order to the Director .


there was a dispute between the parents and the sons as to which property was the self - acquired property of the father and as to what property was their ancestral property .


Hon 'ble Ajay Kumar Tripathi , J. in Mustaq Ahmad and Ors. vs. State of Bihar & Ors . , CWJC No. 12809 of 2005 . decided on 31st January , 2013 .


Hon 'ble Dr. Ravi Ranjan , J. Hon 'ble Mr. Justice Umesh Sharma vs. State of Bihar & Ors . CWJC No. 15851 of 2012 . decided on 10th January , 2013 .


Hon 'ble Shri Mandhata Singh , J. in State of Bihar ( in 9 ) Ganga Prasad ( in 336 ) Versus Bhim Prasad @ Huha & Anr . ( in 8 )


it must necessarily be stated that there cannot be an appreciation of the evidence led by the proposer merely a proposer of the fact and legality of the execution of the Will .


Hon 'ble Rajendra Kumar Mishra , J. Hon 'ble Pashupati Nath Tiwari vs. State of Bihar & Ors . Criminal Revision No. 495 of 2002 . decided on 8th February , 2013 .


4- In order to appreciate the matter at controversial , it would be necessary to bring to light the brief facts of the case which are fundamental to the issue under consideration .


Hon 'ble Hemant Kumar Srivastava , J. Hon 'ble Mr. Kaneshwar Bhagat vs. State of Bihar Criminal Appeal ( J ) No. 17 of 2001 . decided on 22D February , 2013 .


so that the Court may be persuaded to retain the sentence or to extend it to imprisonment for the whole of life by augmenting it from the sentence of imprisonment for life .


on the other hand , the defendant ’ s case is that the Math is a Panchayat Math and a Public Trust was dedicated to all the presiding deities in the Sampralapatha .


Hon 'ble Ashwani Kumar Singh , J. Hon 'ble Valin Mahto vs. State of Bihar & Ors . , Criminal Write No. 309 of 2013 . decided on 29th April , 2013 .


Hon 'ble Ashwani Kumar Singh , J. in Surendra Mehto vs. State of Bihar & Ors . , reported in ( 2012 ) 12 SCC , decided on 10th April , 2013 .


( ii ) In the absence of any , the medical opinion shall be received from a duly constituted medical board , which shall declare the age of the juvenile or child .


in the said case , the Hon ’ ble Supreme Court , while leaving the vehicle to the concerned authority , has also granted the right of a proper bond and guarantee .


( III ) In the absence of any , the medical opinion shall be received from a duly constituted medical board , which shall declare the age of the juvenile or child .


he himself was sleeping at the Bthan of the temple , while his son , Shyam Rai @ Manoranjan Rai , was sleeping on the roof of the temple of Lord Shiva .


she had married her daughter to Jagnnath bin and after two and a half years , she was sent to her father - in - law ' s house at her bidding .


in the absence of it , it is very difficult to assume that the appellant received injuries during the same sequence of events for which the prosecution was responsible for giving explanation .


this Court had also directed the Commission to act in accordance with the principles laid down by the Hon ’ ble Supreme Court in the case of Sanjay Singh ( supra ) .


learned counsel relied on the judgment of the Hon ’ ble Supreme Court on the basis of adverse possession , AIR 1973 SC 2341 , Zegal Kishore Mandal vs. Fazani Bhushan Kundu .


11 . it is not in dispute that the dead body of the deceased Ranga Raj was recovered from the roof of the house which is allegedly belonging to the accused persons .


he recovered the dead body of Rashera from the roof of the house of the accused persons , which was lying in the pool of blood and was lying in a sujis .


Hon 'ble Mhir Kumar Jha , J. Ashok Kumar & Ors . Versus State of Bihar & Ors . , CWJJC No. 10337 of 2012 . decided on 14th March , 2014 .


Hon 'ble Samarendra Pratap Singh , J. Shailendra Kumar & Ors . Versus State of Bihar & Ors . , CWJC No. 17659 of 2010 . decided on 14th March , 2014 .


further , in the course of inspection of the place of occurrence , he seized some blood stained earth from the spot by preparing the seizure memo ( Ext . 4 ) .


reliance has been placed on a decision of the Division Bench of this Court in the case of Ao Rai vs. Huro Rai & Ors . [ AIR 1958 PC 233 ] .


it was in the notification of Section 4 itself that it was defective to state the fact as no approval of the State was obtained for the necessary proceedings at that time .


it is not the case of the prosecution of the appellants that this witness did not visit the house of the deceased at about 10 : 00 pm in the fateful evening .


the Bench also did not take note of the fact of the abolition of the cadre of Panchayat Education Mitra and the substitution of the Scheme by the statutory Rules of 2006 .


in this context , if any adverse accused of the Inspecting Officer is reported , he / she shall be given due consideration before the decision of re-employment by the Gram Panchayat .


the explanation appended to the provisions makes it clear that a criminal trial would be treated as a proceeding between the prosecution and the accused persons within the meaning of the section .


the fourth charge was one of seeking the file from the Despatch branch of the Department of Agriculture relating to his appointment on the basis of forged signature and rendering it missing .


Hon 'ble Mhir Kumar Jha , J. Hon 'ble Manoj Kumar Thakur vs. State of Bihar & Ors . , W.JC No. 928 of 2014 . decided on 5th July , 2014 .


Hon ’ ble Ashutosh Kumar , J. Hon ’ ble Mr. Justice Rajiv Kumar vs. State of Bihar and Ors . Dig.No. 4444942 of 2007 . decided on 17th July , 2014 .


therefore , the oral evidence produced by the plaintiff on this question , that is , the question relating to the year of the death of Sukhdev , is supported by Exh.2 .


9- Having heard the submissions of the parties , I am of the opinion that the contradiction in the statement of the complainant and Pankaj is apparent from the board of record .


this agency is created by a statute and its decisions are required to be taken not only in accordance with the procedure prescribed but also with the leave of the State Government .


on account of this , there is a breach of trust on the part of the accused who were the agents for the purpose of building a house according to the settlement .


according to the learned senior counsel , even in 1969 , there was a joint acquisition in the name of both the parties , which clearly shows that the parties were joint .


in a proper case , in the light of the facts and circumstances of the case , it may be permissible to convict a person only on the basis of dying declaration .


we are also of the view that the facts of the case and the evidence of the doctor actually indicate that it was Section 304 Part I of the Indian Penal Code .


the Bench also did not take into account the fact of the abolition of the cadre of Panchayat Shiksha Mitra and the replacement of the scheme by the statutory Rules of 2006 .


if a coparcener is not alive at the time of the death of a widow , the property held by her will again stand transferred to the heirs of her husband " .


this writ petition has been filed only in the event of there being apprehension of this gruesome involvement of the State in deprivation of petitioner other than the procedures established by law .


on one occasion , when the allegations were found to be absolutely malafide , an enquiry was ordered by the Vice Chancellor of the University to be made from the Sub Registrar .


in support of the same , he has placed reliance on the decision in the case of Antable Chowdhary vs. State of Uttar Pradesh [ ( 2013 ) 6 SCC 384 ] .


Hon 'ble Hemant Kumar Srivastava , J. Subhash Yadav & Ors . vs . Priyobroto Yadav & Ors . , CWJC No. 15849 of 2010 . decided on 9th December , 2014 .


the chamber along with the informant , assaulted the informant with a hand made of his pistol on the back side of his head , as a result of which blood flowed .


again on Wednesday , the informant had gone to the river bank with a bullock - cart , but his brother and Kailash alias Kela Yadav did not return even on Wednesday .


hence , the sub-section ( iv ) is not found applicable due to any lapses on the part of the prosecution in naming the location of the area by the specified permission .


( b ) Property Law — Family Order — There is no need to be restricted to a family arrangement , but it is necessary to prima facie appear to be genuine .


10- The statutory amount deposited at the time of filing of the appeal shall be sent to the Tribunal which shall be kept in abeyance till the disposal of the claim case .


it is difficult to infer from this , though not impossible , that the other appellant has admitted that he had received a copy of the notice of no - confidence motion .


the presence of an extra corneal haematoma on the whole of the occipital region including the fracture of the occipital bone with an aperture on the left side of the occipital bone .


there is no evidence that the sale deeds , Exts.1 / A and 1 / B , the lands included in the sale deed are in the nature of the acquired lands .


these six plots , referred to as above , are alleged to have been recorded at one stage , which was said to have been written at the foot of the appellants .


in case of the former , the proof is to be beyond reasonable doubt and the evidence is to be evaluated in view of the rigid provision of the Indian Evidence Act .


but the record thereof will be kept in the office of the Superintendent and it has also to be seen that different scales are not to be used in imposing the punishment .


at the first stage of the trial , the father of the petitioner wanted to release the lands in question from the acquisition proceedings , but he had failed to this Court .


Hon 'ble Jitendra Mohan Sharma , J. Mohd . Shahabuddin Vs . State of Bihar , Cri . MiG . no . 35785 of 2016 . decided on 7th November , 2016 .


the objectives and reasons , as stated therein , are read as follows : “ For the phased implementation of prohibition in the State , the new Product Policy 2015 is notified .


29- In the aforesaid backdrop and in the aforesaid backdrop , the Indian Succession Act has a statutory requirement for promotion in terms of Section 283 ( 1 ) ( c ) .


it is a serious misconduct and a contrary conduct to a government servant in the light of Rule 19 ( 6 ) of the Bihar Government Servants , Apprenticeship Rules , 1976 .


now , on the very statement of the declarant himself , who is the alleged testator in the document in question , is not his property but the property of the Thakore .


the facts in the case of Janaki Baso Deo Bhojwani and another , appellants vs. Intoo Bank Ltd . & Anr . , respondents ( supra ) are on a different footing .


it was stated in the cross - examination that this is not the disclosure where the plaintiff knows the fact himself , but it is only a game on the disclosure word .


however , the application of such provisions of the Code of Civil Procedure will be excluded which are inconsistent with the provisions of the Act and / or the rules made thereunder .


on the protest made by the complainant , the said surveyor told the complainant that he would act in such a manner that the vehicle has to be kept in the pen .


the first is only a Lok Adalat and the second forum in terms of Sections 22 ( a ) to 22 ( g ) as amended , is the Standing Lok Adalat .


( 2003 ) 2 SCC 518 in Amar Singh vs. Balwinder Singh , reported in ( 2003 ) 2 SCC 518 , the Supreme Court held as under in para 15 : —


in view of this decision , on the day of the commencement of the Hindu Succession Act , Sudama Devi had no possession over the share of her husband Lakshmi Narayan Purve .


he further submits that there is no such well-founded presumption that in all cases , at the time of the commission of the offence , the person concerned will lose his identity .


Hon 'ble Aditya Kumar Trivedi , J. Hon 'ble Shri Justice Laxmi Devi and others vs. State of Bihar , CWJJC No. 10287 of 2013 . decided on 28th November , 2016 .


this right is different and independent of the power of reprisal , the responsibility of which has been taken over by the State in a society governed by the rule of law .


she sustained injury on her forehead from the previous portion of the farsa as a result of which the skin was torn , the blood was oozing and fell on the ground .


they identified the informant ’ s Court as well as the informant ’ s case at the time of evidence , after verifying the identity mark on the person of the informant .


Hon 'ble Chakradhari Saran Singh , J. Hon 'ble Shambhu Nath vs. State of Bihar & Ors . , High Court No. 845 of 2014 . decided on 9th February , 2017 .


obviously , in the facts of the present case , the nature of the matrimonial case as instituted , the scope and cause of action shall be altered by the proposed amendments .


(c ) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry.


(iic) in the case of an individual or a Hindu undivided family, interest on such Relief Bonds as the Central Government may, by notification in the Official Gazette, specify in this behalf ;


(a)  no deduction shall be admissible under this section to the amalgamating or the demerged Unit, being the company for the previous year in which the amalgamation or the demerger takes place; and


(ii) the provisions of this section shall, as far as may be, apply to the amalgamated company as they would have applied to the amalgamating company if the amalgamation had not taken place.


(ii) the provisions of this section shall, as far as may be, apply to the resulting company, as they would have applied to the demerged company, if the demerger had not taken place.


(ii) the provisions of this section shall, as far as may be, apply to the resulting company as they would have applied to the demerged company, if the demerger had not taken place.


(c)  the partners of the firm do not receive any consideration or benefit, directly or indirectly, in any form or manner, other than by way of allotment of shares in the company; and


Provided that the amount received by the nominee, on the death of the assessee, under the circumstances referred to in clause (a), shall not be deemed to be the income of the nominee.


(vii)  the Government or to any such local authority, institution or association as may be approved in this behalf by the Central Government, to be utilised for the purpose of promoting family planning;


Provided that, in the case of a decree for the payment of money, the value of the property attached shall, as nearly as may be, correspond with the amount due under the decree.


While making an order for the custody of a child under this section, the welfare and best interests of the child shall be the paramount consideration to be given by the district court.


The accused was arrested at 13.00 hrs in the Police Police Station and in the police custody, according to the realization / reason for being nominated and evidence in the case number 302504506.


21. In the present case where Ex. Ministers, including Ex. Chief Minister, are involved, investigation by the State Investigating Agency suffers from the same problem as in the case of Rubabbuddin Sheikh (supra).


13. In view of the above facts and circumstances of the case and the proposition of law, we do not find any force in the contention of the learned counsel for the respondents.


Counter case instituted at the instance of the present petitioners was pending before the same trial court and the witnesses were aware of the day to days development but never chose to appear.


The I.O. has also found black mark on the floor at the place of occurrence and also a bottle with smell of kerosene oil and burnt match sticks at the place of occurrence.


2- It is the grievance of the petitioner that at the time of examination on 27th July , 2013 , the petitioner had sat in a wrong place in the Unnat Examination Hall .


5- It is the case of the plaintiff that the measure of the plot in question was 15 katta and one blade and the name of his great grandfather Bahadur Singh was recorded .


according to the learned counsel , here in the present case , the defendants had never raised any plea in the written statement that the property is the property of the joint family .


it is further submitted that even the absence of any source of identity is also an indication of the fact that the version as expounded on the part of the prosecution is bad .


the second party is not a further report about the cause of action at the hands of the members of the petitioner — Application for termination of proceedings under Section 107 is allowed .


the said tree of Kathal is on the ground allotted to him , while the informant gives a claim that the tree is situated on the land that he had purchased from Alauddin .


in his cross-examination , he has stated that at the time of the incident , he was in the meeting regarding the crime at the office of the Superintendent of Police , Khagaria .


Hon ’ ble Mengeshwar Sahu , J. Ram Dhani Tiwari & ORs. vs. Ram Call Tiwari & Ors . on Appeal no . 400 of 1989 . decided on 13th December , 2012 .


the authority to interfere with the rights of one ’ s and specially the rights of a minority institution is necessary 13 . thereafter , they refer to Section 28 of the Act .


in view of identification of the two sons of Bachu Yadav , the only necessity was to keep both the sons and other accused persons of Bachchu Yadav including the petitioner on trial .


in such a situation , the petitioners had made an application under Section 205 of the Code of Criminal Procedure ( for short , the Code ) to get rid of their presence .


in the present case , it has been specifically pleaded by the plaintiffs that they were in possession of the property and before the filing of the application , there was no disturbance .


it is shocking that the injury spread over the diameter of " 3 " by the side of the ear and neck is not part of the area of a " control " .


10- It is the case of the appellants that after the marriage of Madhuban Chhej , the daughter of Madhuban Chouri was leading a happy life in her matrimonial house in Uttar Pradesh .


the Scheme C was only a contributory provident fund in which the employer ' s contribution to the employee ' s provident fund was 10 per cent of the salary of the employee .


the notification of appointment by the State Government had pointed out that the said appointments were made on adhoc and stopgap basis in + 2 out of the newly created categories in schools .


( 1 ) . the prosecution witnesses say that by making sure that you were dishonest , Lakshmana Singh was killed by a lathi and Lakshmana died on the spot by his murder .


he also stated that the aforesaid missing machine is the machine of the people on the east and the Calavar , while on the west side of the ghati is the Kapha house .


but before conviction of the accused on the basis of the sole statement of the victim of rape , it is necessary to give rise to confidence from the statement of the victim .


Hon 'ble Ashwani Kumar Singh , J. Hon 'ble Prem Singh Raitley vs. State of Bihar & Ors . , Writ Petition No. 330 of 2013 . decided on 5th April , 2013 .


9- Before adverting to the oral evidence , it will be appropriate to take note of the evidence of the doctor who had post mortem on the body of the deceased Prisadi Mandal .


that apart , the petitioner has already made a representation to the management , a copy of which has been heard by the learned counsels for the six parties appended to the rejoinder .


the instructions of the Corporation to pay the same without verifying about the supply of machinery on behalf of the supplier were stated to be in violation of the instructions of the Corporation .


on the death of Dhirthan Rauet , his only daughter , cherry Devi was in possession of the suit property and after her death , it has been in possession of the petitioner .


19- Learned counsel for the State , on the other hand , submitted that though there are some contradictions in the evidence of the prosecution witnesses but they are not material in nature .


on his return he was able to stand in the vicinity of the Idgah by Sambhu Sahni , Ashok Sahni , Tilil Sail Sahani , Beaganath Sahni , Jagarnath Sahni and Shankar Sahani .


with regard to the large vacancy caused by the Selection Committee of the concerned Gram Panchayat in the appointment of Panchayat Teachers , the respondents had filed an application belliging to the grievance .


if the State Government could not interfere with the statutory contracts entered into by the District Magistrate , the same reasoning would apply to the statutory contracts entered into by the District Council .


Hon 'ble Mhir Kumar Jha , J. Shiv Kishore Singh & Ors . Versus State of Bihar & Ors . , CWJC No. 17741 of 2012 . decided on 14th March , 2014 .


in this connection , he has sent a copy of the same to Hon ’ ble Chief Minister , Chief Secretary , District Officer , Extol , District Education Officer and Hindi Newspapers .


thus , if the story of the prosecution had been truthful , then in that event , the first infinite and Ravinder would have been victim to the hands of the accused persons .


from the conduct of the prosecution , it is clear that it has not come bick-down as far as the manner of the incident and the genesis of the occurrence is also concerned .


( in the course of the order passed by the Hon ’ ble High Court and exemption of reserved candidates shall be effective as per the circular of the Government of Bihar ) .


to that extent , the law laid down by the Apex Court in the case of Lila Dhar ( supra ) is a complete answer in which it was held as under : —


Hon 'ble Ramesh Kumar Dutta , J. Hon 'ble Shri Niwas Rugta and others vs. State of Bihar and others , CWJC No. 2492 of 1992 . decided on 1st May , 2014 .


it is argued that the verification impugned by the Collector , which is admittedly and clearly contrary to the direction of the Supreme Court , has to be held to be without jurisdiction .


( I ) One lacerated wound on the right side of the intestine extending up to the umbilicus region extending to a depth of 7 " x % " in the peritoneal cavity .


" " " 5 . evidence to prove that the evidence of the police officials and the evidence of the Panch witnesses included that Charas and Gabis were recovered from the accused . "


in a proper case , in the light of the facts and circumstances of the case , it may be permissible to convict a person only on the basis of a dying declaration .