in the present case before us also it is the case of the defendants in the written statement that after the death of GGB Das , he is carrying on the business of the family and the business of the family is that of the joint family .


( III ) record a finding as to the evidence specified in either of which , or in the absence of which , clause ( b ) shall be the conclusive proof of the age with regard to the juvenile as opposed to such child or law .

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:


22- The plaintiff-appellants claimed that the then mutawalli S. Salahuddin Ahmed was registered in Wakf State in the year 1948 in accordance with the provisions of the Bihar Wakf Act , 1947 , in the year 1948 , in State of Bihar , Sunni Manzalis , Wakf .


7- It has also been pleaded that there is a huge composition and material contradiction between the evidence of the prosecution witnesses , as a result of which , the cross- examination of the Investigating Officer , had caused serious prejudice to the interest of the petitioners .


when her son had gone to the matrimonial house of Bindwati , there was no family of Bindwati at that time and on enquiry her mother - in - law had told that she had gone for treatment with her Fufa ( Jagndar ) , appellant No.1 .


in the absence of discussion with Section 6 ( f ) of the Naghat Act read with the Notification dated December 1 , 1904 in respect of the last part of Section 35 , the conclusion of the learned single Judge in this regard is not warranted .


he is well informed of the informant-in-law and on the occasion of selection , he was also at the house of the informant-in-law where he could have come to know about such demand as well as that of his in-laws of the deceased along with the appellant no.1.


if it is against the Deputy Speaker who presides over the meeting , it will be the Speaker who will preside over the meeting and if it is against both the Speaker and the Deputy Speaker , then it will be presided over by the District Magistrate .


therefore , a request is made by the Human Resource Development Department that the examination of all the estimates should be done by the department official or monitoring department because due to these planning unit teacher planning process is hampered and the employment has not been completed .


the only restriction on the University and its Colleges and Institutions is the prior sanction of the State Government in respect of creation of posts in academic and non-educational , or in connection with increasing the salary and allowances of the staff , while undertaking financial liability .


persons working on a contract / temporary basis , such as petitioners , have in themselves a class for which the University has reduced the prescribed educational qualification or maximum age as per the Memorandum of Understanding ( MoU ) between the University and its employee associations .


it would be expedient to note that the appellant herein , along with the above nominated four others , was kept on trial by the learned Judge by making an accused of committing offences under Sections 307 / 149 , 448 , 323 of Indian Penal Code .


therefore , according to him , the limitation that has arisen in the filing of the substitution petition , the abatement of the appeal is also liable to be set aside and , accordingly , the applicants are entitled to be substituted for the deceased appellant alone .


according to the learned counsel for the petitioner , the date of birth is already on record , as the proof of the date of birth through his certificate of entry , the Block Development Authority committed an error in turning the plaintiff out of the suit .


( VII ) The committee for Panel making and approval shall be constituted on the basis of the application forms approved : ( a ) The panel shall be constituted by the following Committee : ( a ) For teachers , and for teachers of physical education :


5- The learned trial Judge had held that there was no source of light at the place of occurrence and there was a concocted version to identify the rows of the two deceased as well as to brighten the lights of the torch to see the incident .


hence , the taking of cognizance or the criminal prosecution against the petitioners suffers from non-compliance with the mandatory requirement of the proviso to aforesaid clause and as such the order taking cognizance and the entire criminal prosecution against the petitioner is defective and without jurisdiction . "


if not arbitrary , it would be very unlogical to say that only natural children will be dependent and the adopted children , who are treated as natural children under Section 12 of the Act , for all intents and purposes , will not be dependent upon .


the first shot was hit by the deceased and the second shot did not hit anyone and according to the evidence of the doctor , fire arm injury on left side of chest was the only one and it was the first bullet that hit the deceased .


it is also admitted that the properties of Schedule 1 are the ancestral properties , while the properties of Schedule 2 are the properties purchased according to the plaintiffs , which are in the name of different persons and the properties of Schedule III are the lands .


26- In the case of Jai Prakash Singh ( supra ) by applying the aforesaid test as laid down in the ratio of the Apex Court and also for the reasons indicated above , this Court does not entitle the petitioner to the prerogative of anticipatory bail .


with this further version that the complainant Sanjay Kumar Thakur was the elder brother of Sunil Kumar of Baukhara village , who on account of the death of his father , had come to the village Bhrama , Police Station , under the guardianship of his grandfather .


4- It has also been disclosed that a notice of the matter has also been given to the Higher Police Officers including Deputy Inspector General of Police , Tirihuta Zone , Muzaffarpur and the National Human Rights Commission , but a suitable answer could not be reached .


when the amount was sought to be drained from the account of the petitioner , opposite party No. 2 , while being armed , had found that there was no sufficient money in the account of the petitioners , due to which those cheques had been dishonoured .


he submits that the proceedings of a particular sitting have to be conducted in accordance with the manner provided under the no - confidence motion Rules and the general provisions relating to the conduct of the proceedings provided under Chapter VII of the Act would stand excluded .


admittedly , as stated above , the plaintiff and his father had a joint interest in the subject matter of the suit , therefore , the admission made by his father in relation to the last division in the year 1947 would be binding on the plaintiff .


10 . admittedly , in the instant case , the accused persons are the office bearers of the company in question and it is also an admitted fact that he is a resident of Lucknow , which is at a distance of about 500 kilometers from Patna .


it is not obligatory on the part of the trial to consider in any detail at that stage of the trial and to weigh in the sensitive balance , whether the facts , if proved , would be inconsistent with the innocence of the accused or not .


it was also the case of the plaintiff that during the recent survey proceedings , the suit plot has been recorded in the name of the State of Bihar in which the entry is in the column showing the possession of the plaintiff over the suit land .


after such a long time it would be futile to remand the matter to the name of justice now , that too for the purpose of permitting them to adduce evidence in support of the grounds of the appellants , which has been raised before this Court .


it has , however , been held that not only the principle but every provision prescribed in the Code would apply to an election case except those which are specifically barred by the provisions of the Act and the Rules under which the election petitions were filed .


17 . on the other hand , according to the Defendants , lands in no doubt were the ancestral property of the plaintiffs , which was the property of the tenant recorded , but there was no premium on ownership of ownership , business , and pilgrimage .


on this information , he had accompanied his younger brother , Bhola Manjhi , the son of Bhola Manjhi , Badri Moni , son of Vishnu Manjhi , to the Bahada village of his daughter and all the members of the family were found non - existent .


Shri Akhileshwar Prasad Singh , learned senior counsel has submitted that in the counter affidavit regarding the non — merit of the copy of the petition , a defective statement has been made whereas the same is accepted to the counsels for the parties to the opposition .


but , in view of this Court , in the instant case , the opposition no.2 was only entitled to reside in a shared house , because it is the admission of the same that the petitioner used to reside in a part of a shared house .


on the basis of that enquiry report , subsequently the Collector - cum-District Magistrate , Gopalganj , had asked the Block Development Officer to act as per report , which was the appellate authority on the Selection Committee in terms of Rule 18 of the said Rules .


20 . at the same time , it should be kept in mind that the provision does not intend to drape it to any situation , but the other party also has to comply with the most admirable principle of natural justice contained in alim — e .


it is mentioned here that so long as the plaintiff does not prove his title over the property , namely , she is the real sister of Manjhi , she would not be entitled to a decree for declaration in respect of the sale deed in question .


10 . as far as the tear believe balance is concerned , the respondents shall also count the same and pay the amount in the said head within the aforesaid period as arrived at after the refixation of its emoluments in accordance with the Sixth Pay Revision .


at a distance of about 70 feet east of the railing of the informant , the railway line was formed and on the east and at 80 feet , blood was found , whose seizure list was prepared in the presence of the witnesses ( Exh.7 ) .


further , it has also been admitted that as regards partition of the property at the instance of the respondent , title suit no . 261 / 2007 and even title suit No. 295 / 2007 at the instance of the appellant is going on between them .


in the aforesaid background , the dispute goes out of the probate , therefore , the appellant should have taken a lead by showing the appearance of the respondent and the deficiency being on this point , makes the petition more maintainable in the eyes of law .


2- For the purpose of seeking the aforesaid relief , the petitioner has placed heavy reliance on the notification dated 10th December , 2002 issued by the Department of Home Affairs , Government of Bihar , by making amendments in Rule 529 of the Bihar Jail Manual .


gentlemen , you will yourself examine from the main charge - sheet that even though charge of the supplementary charge sheet is alleged to have been committed in violation of charge Nos.2 and 1 of Shri P. K. Chakraborty , the punishment has been imposed on me .


it may be said that doctrine of exaggerations 16 . Annexure-1 to the writ petition is an order of rejection and rules 39 ( 1 ) ( b ) of the Rules render the petitioner non est , which is the basis for rejection of the nomination .


however , as it had also come to the notice of the Court on the previous occasion that there is also a minor girl born out of the wedlock , there should be an attempt to detente keeping in view the interest of an innocent little girl .


advocate , Mar - Mr . & Anr . , putr . Nov . , Advocate - Member , Ad . Karnary nor Respect . , J. — Petitioner was claimant of post of agricultural adviser in terms of Advertising No . 2 of 2010 - 11 .


3 . the case of the prosecution as culled out at the trial can be briefly set out as follows : ( I ) the deceased Poonam Devi was the wife of accused Samjeet Head , their marriage took place about four years prior to her death .


the Misc . petition on Appendix 1 contains illegality as in the nature of the dispute raised , the relief as prayed was not admissible and in the absence of the voters , the petition was also suffering from the defect of the non-joinder of necessary parties .


12- The State Government has taken a plea by defending the order of Food Security Commissioner and also by adopting the arguments of Union of India that it would prevail on account of the Act being post of Food Security and Standards Act , 2006 COPIA 2003 .


[ 63 ] . in the case of Reserve Bank of India vs. Pieres General Finance and Investment Co . Ltd . reported in ( 1987 ) 1 SCC 424 , the Supreme Court observed that the interpretation would necessarily depend on the text and the context .


even in the case of Union of India vs. Ibrahim Uddin and another , it was an admitted fact that the plaintiff was not in possession of the suit property and , therefore , in such circumstances , it was held that the suit was not maintainable .


13- What constitutes an error apparent from the record is explained in the case of State of Rajasthan & Anr. vs. Surendra Mohnot & Ors . , ( 2014 ) 14 SCC 77 , with the help of an earlier judgment , in the following manner : —


the High Court has noted the definition of misconduct in the Judicial Dictionary of Start-up , which is read as follows : misconduct means misconduct born of bad intention ; acts of negligence , errors of judgment or innocent error of judgment do not constitute such misconduct .


the heinous and serious offences of mental perversity or the offences such as murder , rape , dacoity , etc . , cannot be properly refuted even after the victim or the victim ' s family and the offender has been brought to light up the dispute .


Hon 'ble Jyoti Sharan , J. in Shamim Tarrage ( in 13830 ) Kunan Kumar ( in 14114 ) vs. State of Bihar and Ors . ( in both ) , ( in BW.JC Nos. 13830 with 14114 of 2015 . decided on 12th February , 2016 .


provided that , whenever any Government is a member of , or is the payer , or is otherwise interested in , a society registered under this Act , the dissolution of such society shall not be done without the consent of the State Government having registration .


17- According to the case of the prosecution , four witnesses nominated in the FIR namely , Shri Narayan Sehni , Ram Ashish Sahni , Labhaini , Labcher Sehni , Parameshto , and other incident had assembled at the place of occurrence and interfered with the incident .


accepting the reasoning of the learned counsel for the accused , the same would mean that at the stage of framing of the charge , the accused should be permitted to present his defence and to examine him at that stage which is against the criminal jurisprudence .


hence , the cumulative effect of the inﬁrmities as referred to , sets down the involvement of the appellant as an perpetrator on which the conclusion , as recorded by the learned trial court , appears to be perverse , vague and deserves to be set aside .


in the instant case , within the territorial jurisdiction of the Sitamardhi , the victim is allegedly subjected to physical and mental torture meted out to her in the matrimonial home and not at the house of her parents within the jurisdiction of the Court of Muzaffarpur .


in other words , if the number of votes polled in favour of a no - confidence motion at a particular sitting is less than the majority of the total number of members holding the office , then no resolution is passed in favour of the motion .


advocate , Mr . R . J . Ghanshyoparya , F or Apple applied to the Governor , Mr . Destor Menaad Tausady , In re Tap . N . Ain , J . p . Tripathi , J. — A day ' s delay is condoned .


3- First Information Report is the basis of an order of suspension , a copy of which is appended at Annexure-5 to the writ petition which had raised the discount on Police Station Case No. 392 of 2015 lodged under Section 7 of the Essential Commodities Act .


(60 The President, or the Governor of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1).


Provided that if the number of representatives of the Scheduled Tribes in the Legislative Assembly of the State is less than the number of seats in the Tribes Advisory Council to be filled by such representatives, the remaining seats shall be filled by other members of those tribes.


References to the laws in force in the territory of India shall include references to hidayats, ailans, ishtihars, circulars, robkars, irshads, yadashts, State Council Resolutions, Resolutions of the Constituent Assembly, and other instruments having the force of law in the territory of the State of Jammu and Kashmir;


(2) The deduction under clause (a) of sub-section (1) shall not be allowed with respect to expenditure by way of payment of any sum to any association or institution, unless such association or institution is for the time being approved in this behalf by the prescribed authority :


35CCC. (1) Where an assessee incurs any expenditure on agricultural extension project notified by the Board in this behalf in accordance with the guidelines as may be prescribed90, then, there shall be allowed a deduction of a sum equal to one and one-half times of such expenditure :


Provided that where the aggregate amount of expenditure referred to in sub-section (2) is incurred after the 31st day of March, 1998, the provisions of this sub-section shall have effect as if for the words "two and one-half per cent", the words "five per cent" had been substituted.


(xiv)  as a contribution by an individual to any pension fund set up by any Mutual Fund referred to in clause (23D) of section 10 or by the Administrator or the specified company, as the Central Government may, by notification in the Official Gazette, specify in this behalf;


(d)  any sums paid by the assessee, during the period beginning on the 26th day of January, 2001 and ending on the 30th day of September, 2001, to any trust, institution or fund to which this section applies for providing relief to the victims of earthquake in Gujarat.


Explanation.—In this section, the expressions "ten per cent of his total income" and "twenty-five per cent of his total income" shall mean ten per cent or twenty-five per cent, as the case may be, of the assessee's total income before allowing deduction for any expenditure under this section.


Provided that the condition in this clause shall, in relation to a small scale industrial undertaking or an industrial undertaking referred to in sub-section (4) shall apply as if the words "not being any article or thing specified in the list in the Eleventh Schedule" had been omitted.


(c) any such member of the staff [of the foreign State or the staff or retinue of the Ambassador] or Envoy of a foreign State or of the High Commissioner of a Commonwealth country as the Central Government may, by general or special order, specify in this behalf,


(1) The Court may of its own motion, and may in its discretion upon the application of any of the parties to a suit, send for, either from its own records or from any other Court, the record of any other suit or proceeding, and inspect the same.


(2) Where issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that issue first if the issue relates to—


7. From a bare reading of the provision, it would be manifest that the initial onus is on the vendor and if he proves that he purchased the food articles with a written warranty in the prescribed form, he shall not be deemed to have committed any offence.


Such a simple mechanism of issuance of notice and hearing was not known to the high ranking administrative officer of the State i.e. Inspector General of Registration and, therefore, let the impugned order be quashed and set aside as there is grossest violation of principle of natural justice.


The contention of the respondents is that Rule 43-b of the Jharkhand Pension Rules is not applicable in the case of the petitioners, since the excess payment was not made during the period of service, whereas it was only given during the retirement period in the pensionery benefit.


9. In the case of Veera Exports (supra) the change of the date on the cheque was under endorsement of the drawer of the cheque, but in the present case there is no endorsement or signature of the drawer of the cheques under the overwritings on the dates.


Sudhir Kumar Singh , one of the gun shots as found on the person of the appellant , only such injuries are possible if there is a fire shot at some distance and there is an opportunity to spread the pellets prior to the start of the object .


power has been given to the SDO for settlement of land in favour of Proh . Nos.( a ) to ( c ) and so far as ( d ) and ( m ) are concerned , the power in question has been transferred to the Collector concerned .


when the show had come to an end and they had left the cinema hall , the appellants Vijay Singh alias Vijay Kumar Singh , Birendra Kumar Singh @ Bbishu and two others , namely , Sydaram Choudhary and Sachchidanand Singh were also called upon to meet them .


according to him , the judgment of conviction , which has been brought on record along with the affidavit of opposite party No.3 , is a corroborative of the fact that for the purpose of pressing the petitioner , the present complaint petition was filed with mala fide .


in such circumstances even if the widow was not in actual possession of the property , she would be deemed to be in possession of the property on account of the said principle that possession of the co-sharer is for the benefit of possession of other co- sharers .


having heard learned counsel for the parties at some length , we are of the opinion that it is not necessary to decide the question of validity of the aforesaid provisions in the present petition as in our opinion the petitioner is even otherwise entitled to the relief .


reliance in this regard is placed on the judgment of the Apex Court in the case of State of Rajasthan vs. Ramchandra 2005 SC ( Cri ) 1010 and State of Himachal Pradesh vs. Pawan Kumar 2005 ( 3 ) PLJR 85 ( SC ) in para 15 .


thus , they are the executors and they had the right to probate the Will . the defendants had failed to prove that the Will is a forged document - the document in question is a Will nothing more : dismissed the confirmed application of the trial court .


6- On the basis of the allegations made in the plaint and in the written statement and the counter allegations , the learned trial Court had framed as many as 9 issues including issue nos . iv , V and VII , which are read as under : —


it is also alleged that eight to ten days prior to the said incident , the accused Rajiv Rana had made a plan to commit murder of the Himalayan Rana by entering into a treaty with his brother , Chandra Prakash Rana and Bhabi Smt . Geeta Rani .


one of the two sureties is necessarily to be the father of the petitioner , who as a commitment will also file an affidavit to the effect that he will look after the petitioner so that he does not fall in the company of non - social elements .


in the context of the judgment of the trial court , he has submitted that it was not that the suit was decreed due to the conduct of the defendants / appellants , rather it was based on the appreciation of the evidence produced before the trial court .


therefore , the limitation will not commence from the date of execution and registration of the sale deed but from the date when the plaintiff came to know of the fraud and / or when he came to know about this fact of the act of the defendants .


in the instant case the appellants had not led any evidence , hence , there is no question of retaining the same before the appellants , but as per the written statement filed by the appellants , there was an conflicting interest between the plaintiff and the appellants .


the son of the daughter has also been disclosed , and in the same manner the daughters of the bribery have also been shown , but in the family given in the plaint , there are no daughters of the friend and elder brother - in - law .


their Lordships of the Hon ’ ble Nobilk Prasad Singh and Jitendra Mohan Sharma , JJ . Krishna Rai @ Keso Rai & Anr . Versus State of Bihar Criminal Appeal ( DB ) no . 333 of 1991 . decided on 22p . m . , 2014 .


the relevant observations are read as follows : “ 8 . the jurisdiction and ambit of review is not the same as the jurisdiction and ambit of an appeal and the same can be admitted only if there is a manifest error on the face of the record .


since the Special Court has jurisdiction to go into the question only whether the property has been acquired by an offence as defined under Section 2 ( e ) of the Special Court or not , while the claim of the appellant has nothing to do with it .


according to the State Government , the State Government had acted in accordance with the provisions of the 1985 Act and that the said Act of 1985 being held to be under the jurisdiction of the Constitution was beyond a challenge to the action of the State Government .


9- Considering the facts and circumstances of the case and the submissions of the learned counsel for the petitioner insurance company , this Court is of the opinion that the said submissions have to be accepted in the light of the relevant statutory notification and the statutory provisions .


the third party has a statutory right to recover compensation from the insurer and in case of any breach of the condition of insurance policy , it is the act of the insurer to proceed against the insured for recovery of the amount paid to the third party .


3- The defence of the petitioner was that due to the next day of the festival of Holi , the children were engaged in cleaning clothes and did not come to the Centre and was also ill for her stomach , due to which she had gone home .


( 4 ) In the cases to which the suit is referred to a public court at the pre-suit stage , the parties ’ favour and other documents submitted by them shall constitute a part of the judicial record along with the original award of the Lok Adalat .


this will in fact be more clear on the perusal of the table at page 267 wherein only the number of vacancies were determined on the basis of the posts admitted and the capacity to work against them , again after the division of the State of Bihar .


2- The appellant-Bihar State Agricultural Marketing Board ( hereinafter referred to as " the Board " ) was appointed to the respondent - writ petitioner Punhu Ram as a marketing secretary by the appellant-Bihar State Agricultural Marketing Board ( hereinafter referred to as " the Board " ) .


the consistency of 164 defence , formal FIR and the injury report of the same is also found to be completely lost on account of the misexamination of its author to the extent that there is non-compliance of Section 32 of the Evidence Act at this point also .


7- The learned Additional Public Prosecutor has also raised an initial habit in respect of the maintainability of such appeals in which the period of imprisonment actually imposed is within the limits or to the extent as laid down by Section 376 of the Code of Criminal Procedure .


finally , the suit filed by the appellant herein , was dismissed ex parte , on the contention of the plaintiff therein , with the expenses against the defendants contending by the impugned judgment and decree , as well as without expenses against the balance against the defendants .


then what would be the relationship between the parties ? — In a suit for the restitution of conjugal rights , the finding that the respondent had sufficient reason to stay away from the appellant is incompatible with and inconsistent with the factor of merits in the order .


the most crucial aspect which will have an bearing on the likelihood of the final outcome of the present appeal is that the injured Ram Kumar was not with three other injured , namely , Anant Narayan Tiwari , Ravindra Tiwari and Amarnath Tiwari at the same time .


( I ) All Rules , Resolutions , Orders , instructions , etc . , which relate to the employment of elementary teachers / physical teachers / panchayat education friends in the rural area shall be deemed to be repealed from the date of effective of this Rules .


[ 74 ] . it has to be mentioned that in Alok Kumar 's case ( supra ) , the same is the judgment which has been referred to and relied upon by the Hon 'ble Supreme Court in the impugned judgment giving rise to the present appeals .


( V ) Panel for deployment of Panchayat Teachers : - ( a ) for the employment of Panchayat Teachers , the Panel for employment of Panchayat Teachers shall be prepared on merit marks by a committee constituted under the chairmanship of the Head of the Gram Panchayat .


sufficient opportunity was made available to both the parties as on some occasions prior to the passing of the impugned order , the land in dispute was also measured whereby the petitioner was found to be encroaching on a small portion / part of the path in question .


it is , however , made clear that if the parties including the petitioner do not co-operate , then the Committee would be at liberty to take a decision in accordance with law on the merits of the matter , after considering all the material on record therein .


in fact , the Superintendent of District Teachers , East Champaran had also mentioned in his report to the Collector of Eastern Champaran that the payment of remuneration was not being made to the petitioners from immigration 2006 as would be clear from the reading of Appendix 7 .


according to the plaintiff , the forefathers of the vendors of the suit land had died leaving behind late Iqbal Ahmad alias Iqbal Hussain , two sons ( defendant No.6 and 5 respectively ) , Asfaq Akhtar and Jalal Akhtar , who is the schedule of the plaint .


his main ground of criticism was that the object mentioned in the notification under Section 4 ( 1 ) of the Act was not clear and proper , and the publication of the notification under Section 6 of the Act was not in accordance with the procedure prescribed .


3- The reason of the incident is that in August , 2009 , along with others , the petitioner had dug up the trust of the girl child Vidyapeeth and had forcibly lifted her husband from the trust , which led to a number of cases between them .


3 . in order to appreciate the points involved in this case , it is necessary to set out the facts in brief which are as follows : one Maharani Janaki Kunwar Betia 's wife was the owner of the property in whose name Khewat No.1 was prepared .


I am also of the opinion that the present case is fully covered by the judgment ( supra ) of the Board of Wakf of West Bengal and , therefore , I am of the considered opinion that the above two writ petitions are liable to be dismissed .


the relief sought on her behalf is absolutely misconceived and would have to be rejected in view of the law laid down by the Apex Court in the case of Secretary , State of Karnataka and others vs. Uma Devi ( 3 ) and others ( supra ) .


7- In the result , in the conviction and sentence , with the aforesaid modifications , this appeal was dismissed with Hon 'ble Akhilesh Chandra , J. Union of India vs. Wazir Prasad , Millische . Appeal No. 1021 of 2010 . decided on 9th January , 2015 .


one of the unknown persons had knocked at the door and on hearing the same , the deceased had picked up from the bed , one by a lamp in the hand and one torch in the other hand , walked towards the door and opened the door .


his testimony is found to be completely contradicted by the evidence of the Investigating Officer as till then all the accused persons had already been arrested in the hospital and the Investigating Officer got several injuries on the person of the accused apprehended at the time of arrest .


15- So far as the submission of the learned counsel for the appellant is concerned that the appellant has a mental attachment on the part made , in my opinion , there cannot be a ground to have a mental attachment to give more share to any party .


such special sitting shall be called on a written petition addressed to the Chief by not less than one third of the total members elected from territorial constituencies of the Panchayat Samiti , a copy of which will be given to the Executive Officer of the Panchayat Committee .


36- Thus , for the reasons indicated above , this Court does not ﬁnd any error in the impugned order passed by the Collector of Munger District by cancelling the licence of the petitioners or in the order of confirmation thereof passed by the Mining Commissioner in revision .


4- In the light of the information received by the Executive Engineer , the Investigating Officer appointed by the company had also informed the Regional Manager of the Insurance Company that the insured had not taken insurance cover at the time of commencement of the work in 2006 .


the Investigating Officer as well as the supervisory office had also arrived at the conclusion in the said case that they were the petitioners who were responsible for fabricating a false story of the recovery of the country-made pistol and the cartridges against Pankaj Kumar Singh @ Guddu .


in the case of Girijanandi Devi ( supra ) , the view of the Hon ’ ble Supreme Court has again been reiterated by the Hon ’ ble Supreme Court in Kalyani ( deceased ) vs. Narayanan 's case ( AIR 1980 SC 1173 ) through legal representatives .


the learned author observed as follows : " by making a distinction between verbal import - though not a term ' purposeful decision ' is not a new one , it marks a turning of the appellate courts on the other from the literal interpretation of the letter .


in the said case the Court had observed : “ 28 . insofar as the general application of the Act is concerned , we are clear of the view that the date relevant for the applicability of the Act is the date on which the offence takes place .


if any of the parties to the writ petition feels aggrieved by an order that may be passed by the senior Superintendent of Police , Patna , the option of such party to take shelter under the appropriate provisions of law shall be open to such a party .


( 2 ) Subject to section 67 of the Act for the election of the Chairman of the District Council , different constituencies shall be reserved and allotted by the State Election Commission for persons belonging to the Scheduled Castes and Scheduled Tribes and such classes of women .


the Registrar General of this Court is directed to handover a copy of the entire petition of the Code No. 11232 of 2015 and also to hand over certified copy of the records of the Criminal Miscellaneous Petition 9500 of 2014 and Criminal Miscellaneous No. 44931 of 2014 .


the other defendants are from the office of Kalyuga Rai and the branch of Bhagwat Rai and bow Rai ( the genealogy given in the plaint need not be described in detail for the purpose of deciding this appeal ) and the defendant are the second group buyers .


4- The petitioner - M / s . industrial Health Spectrole is a private limited company registered under the Bihar Finance Act , 1981 , with a registered Terms No . SNL - 702 ( R ) , which is engaged in the manufacture and sale of drugs .


under a mutual agreement , the family had decided that one storey building situated at Suheimta Nagar would remain in exclusive possession of the petitioner Chittaranjan Prasad Singh , while in Muneri Ganj , another two storied building would remain in exclusive possession of the other two brothers .


learned counsel placed reliance on the guidelines issued to the Chairpersons of all Regional Rural Banks ( hereinafter referred to as ‘ Nordic ’ ) by the National Bank for Agriculture and Rural Development ( hereinafter referred to as ‘ NABARD ’ ) on the guidelines dated 20.06.1987 .


24- So far as the payment of Rs . 19 , 000 / - is concerned , it is the case of the plaintiff that the payment of Rs . 19 , 000 / - was made after the term of mortgage deeds in favour of the plaintiffs .


22- That apart , it is also submitted that the respondents have challenged the correctness of the signatures of the alleged testator Vindhyavasini Singh and on account of this , it was obligatory on the part of the appellant to prove the same by cogent and reliable evidence .


we consider it relevant to reproduce these observations : ( case of K. Srinivas ) [ ( 2013 ) 5 SCC 226 : ( 2013 ) 2 SCC ( Civil ) 775 : ( 2013 ) 2 SCC ( Crl . ) 2 SCC ( Cri . ) ]


in the case of non - admission of the properties also , it is of coordinates rather than being a mandatory requirement of the rule , it shall not discharge the same ipso facto unless a specific order is passed by the Court in terms of Rule 20 .


in the instant case , the appeal was decided by the Deputy Director , Consolidation , Rohtas , Sasaram and the revisional power was exercised by the Deputy Director ( Head ) against the decision of the Deputy Director ( HQ ) , which is apparently without jurisdiction .


in other words , if there is a specific averment in the complaint , namely , there is an averment of insulation or intimidation with an intention to insult the caste by taking the name of the caste , the accused persons are not entitled to anticipatory bail .


12- From a perusal of the records , it appears that the appellant has been convicted on the basis of the sole identification of the informant in the enquiry parade , except the same , there is no other evidence on record showing his complicity in the crime .


in para 5 , he had admitted that in the course of the statement before the police he had admitted that on account of that , a quarrel had taken place between the parties and in the course thereof , both the parties were engaged in a scuffle .


from the side of accused Ashish Kumar , the following articles have been burnt : - 1 . Government Pillar at which , 34 rounds of firing of 02 . 9 M . m . were recovered , written at 669 , Patna , Body No . 1634383 .


having drawn a analytical attitude to the aforesaid principle as laid down by the Apex Court , it is clear that in the rarest of the rare case , the incontrovertible document submitted on behalf of the accused would be admitted at the stage of framing of charge .


5- The argument of learned counsel for the railways is that in terms of sub - section ( 2 ) of Section 29 of the Limitation Act , when there is no provision in any Central or State Act , the provisions of the Limitation Act shall apply .


2- The issue related to the status of a primary agricultural credit co - operative society and the powers of the Registrar to disintegrate the Committee of Management in exercise of power under Section 41 ( 5 ) of the Bihar Co - operative Societies Act , 1935 .


8- Now , the second question is whether at the time of taking the petitioner to the Court of Judicial Magistrate from Bair Hat to the Court of Judicial Magistrate , it is violative and indecent against Articles 14 , 19 and 21 of the Constitution of India ?


provided further that a no - confidence motion shall be made between one year of the bringing of the first no - confidence motion : provided further that no vote of no - confidence shall be brought about between the remainder of the six months of the Municipality .


4- The further case of the plaintiff is that when the defendants came to know about the compromise , they while taking advantage of the sickness of Khusan Singh , they had taken away Chotta Singh under the pretext of causing treatment to him by the foreign doctor .


apart from that , it has also been submitted that from the very description of the complaint petition , it is apparent that since the opposition no.2 had lost it in the presence of the Chief Officer , a present case has been filed on account of this .


12 . that being the position , the competent court had the power to ascertain the right , title and interest of the parties concerned with regard to the land in dispute and in the course thereof , the validity of the document in question could be ascertained .


2- The disputed issue is of acquisition of lands owned by the petitioners for the construction of land acquisition Act , 1894 ( for short , ' the Act ' ) , under the provisions of the Land Acquisition Act , 1894 ( ' the Act ' ) .


(3) In making any such regulation as is referred to in sub-paragraph (2) of this paragraph, the Governor may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to the area in question.


(1) If any question arises as to whether a member of a House has become subject to disqualification under this Schedule, the question shall be referred for the decision of the Chairman or, as the case may be, the Speaker of such House and his decision shall be final:


(b)  the particulars, as may be prescribed88 in this behalf, have been furnished by the assessee in respect of new machinery or plant along with the return of income for the assessment year relevant to the previous year in which such plant or machinery was first put to use.


Explanation 2.—The sale proceeds referred to in this sub-section shall be deemed to have been received in India where such sale proceeds are credited to a separate account maintained for the purpose by the assessee with any bank outside India with the approval of the Reserve Bank of India.


Explanation 1.—Where any capital expenditure has been incurred before the commencement of the business, the aggregate of the expenditure so incurred within the three years immediately preceding the commencement of the business shall be deemed to have been incurred in the previous year in which the business is commenced.


(c) the provisions of section 154 shall, so far as may be, apply and the period of four years specified in sub-section (7) of that section being reckoned from the end of the previous year in which the failure to comply with the provisions of this section takes place.


Provided that in relation to any payment under this clause to the partner during the previous year relevant to the assessment year commencing on the 1st day of April, 1993, the terms of the partnership deed may, at any time during the said previous year, provide for such payment.


(a)  in a case where the total income of the assessee is assessable for each of the three assessment years immediately preceding the relevant assessment year, one-third of the aggregate amount of the adjusted total income in respect of the previous years relevant to the aforesaid three assessment years;


(d)  in a case where the original asset is transferred after the 31st day of March, 1986, any of the assets specified in clause (c) and such bonds issued by any public sector company, as the Central Government may, by notification in the Official Gazette, specify in this behalf;


(i)  that the fair market value of the asset exceeds the value of the asset as claimed by the assessee by more than such percentage3 of the value of the asset as so claimed or by more than such amount3 as may be prescribed in this behalf ; or


(b)  "unabsorbed depreciation" means so much of the allowance for depreciation of the amalgamating co-operative bank or the demerged co-operative bank, as the case may be, which remains to be allowed and which would have been allowed to such bank as if the business reorganisation had not taken place;


Explanation 1.—The sale proceeds referred to in clause (a) shall be deemed to have been received in India where such sale proceeds are credited to a separate account maintained for the purpose by the assessee with any bank outside India with the approval of the Reserve Bank of India.


(3) For the purposes of sub-section (1), profits derived from the business referred to in that sub-section shall be the amount which bears to the profits of the business, the same proportion as the export turnover bears to the total turnover of the business carried on by the assessee.


(10) The Central Government may, after making such inquiry as it may think fit, direct, by notification in the Official Gazette, that the exemption conferred by this section shall not apply to any class of industrial undertakings with effect from such date as it may specify in the notification.


Explanation.—For the purposes of this sub-clause, "substantial renovation and modernisation" means an increase in the plant and machinery in the network of transmission or distribution lines by at least fifty per cent of the book value of such plant and machinery as on the 1st day of April, 2004;


(i) the business of the hotel is not formed by the splitting up, or the reconstruction, of a business already in existence or by the transfer to a new business of a building previously used as a hotel or of any machinery or plant previously used for any purpose;


(2) The District Court shall, on receipt of such copy and amount, cause the arrest or attachment to be made by its own officers, or by a Court subordinate to itself, and shall inform the Court which issued or made such warrant or order of the arrest or attachment.


(d) any such member of the staff of the foreign State or the staff or retinue of the Ruler, Ambassador or Envoy of a foreign State or of the High Commissioner of a Commonwealth country, as the Central Government may, by general or special order, specify in this behalf.


ORDER The question raised in this writ application is as to whether the services of the Development Officers working under the L.I.C. can be requisitioned to be assigned with the election duty for ensuing Panchayat Elections cheduled to be held from 25.11.2010. Workers of India vs. State of Jharkhand


2. At the time of occurrence, number of persons residing in the vicinity of the house assembled but the appellants namely, Rajiv Nayan Singh and Ram Lakhan Singh did not come over there though they were in the shop which situated in the ground floor of the same building.


Therefore, we want a positive line of action from the respondents who may take up the matter with the help of the officers of the Chhatisgarh as well as with the officers of the respondent Union of India and its officers, including Water Resources Department of Union of India.


8. We considered the submission of the learned counsel for the petitioner and perused the facts of the case in the light of the decision rendered by the Hon'ble Supreme Court as well as in the light of the provisions made in the Bihar Control of Crimes Act, 1981.


according to him , as per the informant , being a woman of PW3 , there was no justification for entering the field for measurement of land and as a matter of fact , PW3 had come to the spot along with an officer in-charge of Sauwan Police Station .


the learned single Judge referred the matter to the Division Bench because he was of the opinion that the punishment which could be imposed on the opposition Nos. 2 to 18 in view of the High Court Rules was within the competence of the Division Bench of the Court .


the gift deed executed by Munni Yadav regarding share of the land allotted by him in his favour , to his daughter-in-law , namely , gift deed executed on 01.04.1954 in favour of the mother of the plaintiff no.4 , is an evidence of a partition in the past .


when he had returned from his rickshaw , the sister of the victim , Riya Kumari , was sitting alone , who told her that two persons had come there and given beating to the sea and had told her that her father was calling him at the station .


in the instant case , the plaintiff had filed an application for the settlement in which he had clearly stated that in the present day he is working as a military worker in the air force but he is a member of the backward class ( Schedule 1 ) .


the learned trial court has come to the conclusion , on the examination of the oral and documentary evidence led by the parties , that the plaintiff was able to prove his case on the issues and was accordingly decided in favour of the plaintiff and against the defendant .


it was further submitted that even though the case was accepted as a case falling within the category of circumstantial evidence , the chain of events was found missing and on account of that , the finding recorded by the learned trial Court appears to be a mechanical conclusion .


he further submits that from the date of filing of the claim , the law on the point regarding payment of interest on the compensation amount is well settled , but in the instant case the learned Tribunal has directed to pay interest from the date of the order .


7- It would be relevant to mention here that after an opportunity has been given to the learned Additional Public Prosecutor appearing on behalf of the State of Bihar and its functionaries , no counter affidavit has been filed on behalf of the State of Bihar and its officers .


clause 32 of the prosecution Manual states that the Assistant prosecution officer shall be a gazetted Government servant of the second class and the same shall be appointed by the Government on the recommendation of the Bihar Public Service Commission on a requisition made by the Department of Police .


21- In our opinion , the power to suspend or cancel a licence granted by sub-clause ( ii ) of clause 7 of the 2007 order is equal to the power to suspend or cancel a licence under sub-clause ( i ) of clause 11 of the 1984 order .


this aspect of the matter has been well settled in a recent judgment of the Apex Court in the case of B. Shashikala Vs . the State represented by the Superintendent of Police , reported in ( 2012 ) 9 SCC 771 , wherein it was held as under :


the learned trial court , on the basis of the evidence presented in the course of trial , had come to a conclusion with reference to Issue No . ( iv ) , that there was relationship of the landlord and the tenant between the plaintiff and the defendants .


in the case of one reported in 2006 ( 2 ) PLJR 60 , in the case of Binod Mishra Vs . State of Bihar & Ors . , reported in 2010 ( 1 ) PLJR 102 Barendra Kumar Singh and others Vs . State of Bihar & Ors .


advocate , M / s , Mehantu Samshaw , Assismhnea , e . F . App . , App . 82 ; Mr . s . N . Approved , or Respd . , J. — Heard learned counsel for the appellants and learned Public Prosecutor for the State .


it is now well settled that while construing a deed , not only the intention of the parties to the deed is to be seen , but also equally relevant factor as to whether the intention of the parties is reflected from the averments in the deed or not .


4- The defence of the appellants was of false implication , of innocence and also that due to enmity the appellants and others were falsely implicated , though on that day , some unknown dacoits committed dacoity with the murder along with the house of lending by the accused .


( a ) ( i ) Xth or equivalent certificate , if available , and in the absence of which , ( i ) the date of birth certificate ( other than the Plutary School ) from the school for first entry , and in the absence of which ;


however , there was a contrary version / statement of the concerned Head and Panchayat Secretary that as per the record , the respondent - Punam Kumari , Gangara did not attend the complex in the village Panchayat , where the petitioner – Mamta Kumari had appeared at Uncininga .


31- The plaintiffs have stated in para 8 of the plaint that at the time of vesting of Zamindari in the State of Bihar under the Bihar Land Reforms Act in 1956 , return in respect of the suit land was filed in the name of the Wakf estate .


3- Learned counsel also submits , with reference to the definition of the expression ' party ' as defined in Section 2 ( 1 ) ( h ) of the Act that the expression ' one party ' means a party to an arbitration agreement and no one else .


the liberty granted to the plaintiff to recover the amount of decree by way of an execution case against the defendants is clearly an erroneous direction which should have no effect on the rights of the parties under the law as laid down in the Code of Civil Procedure .


10- With regard to the aforesaid propositions , learned counsel for the petitioner placed reliance upon the judgment of the Supreme Court in the case of first Secretary , State of Karnataka and others vs. Uma Devi ( 3 ) and others : ( 2006 ) 4 SCC 1 .


in the FIR as well as during the course of the evidence of PW5 , who is the victim , there is a specific disclosure that he had resisted , yet the rape was committed after the recording of her garment by force on the point of a pistol .


this witness has stated in paragraphs 8 and 9 of his cross-examination that it is not correct that there are two parties in his village , one side is that of Suresh Prasad Singh , father of Mani Kant Singh and the other is that of Arjun Prasad Singh .


if only the selection is to be made on the basis of oral examination , the issue flow should be maintained unaltered by all the members under different headings at the prescribed scales and the average should be the actual marks obtained by the candidate in an oral examination .


84 . I have also carefully examined the related aspect as to whether the view taken by a Division Bench headed by the Hon 'ble Renu Kumari Pandey in the case of Smt . Renu Kumari Pandey ( supra ) has ever been questioned by any other Division Bench .


the requirement of exercise of power under Section 16 of the Prevention of Corruption Act or under Section 102 of the Code is that there should be a direct connection between the amount put in the account and the offence alleged to have been committed by the concerned person .


he had completed the investigation and a case under Section 302 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act , 1959 was found to be correct against the accused persons , namely , Surender Mehto , Manoj Mahto and Birendra Mahto .


8- It is further argued that the impugned order passed by the Collector is in violation of the direction of the Supreme Court in the case of Kumari Madhuri Patil & another vs. Additional Commissioner , Tribal Development and Others [ ( 1994 ) Supreme Court Cases 241 ] .


( 1973 ) 3 SCC 219 , Shivaji vs. State of Maharashtra , ( 1980 ) It has been held in that judgment that the High Court has full power to review the scope of the evidence in which the order of acquittal was passed by the Sessions Court .


( IV ) Coming to the trial court , on the basis of its appraisal of evidence on record , had come to the conclusion that the plaintiff had failed to prove that there was a relationship of the landlord and the tenant between the plaintiff and the defendants .


from a perusal of the Exh.15 series it appears that a certain amount has been sent in the name of the plaintiff and towards the plaintiff on behalf of Janardan Singh ( Janardan Transport Transport Agency ) , which also shows the relationship of the landlord and the tenant .


2- The case of the prosecution is based on the fardbeyan ( since deceased ) as recorded by the Station Officer incharge at Police Station on 10.09.1989 at about 6.45 p.m. , the fardbeyan being based on the fardbeyan ( as recorded by the bride market police station ) .


in support of his argument , the learned counsel has relied upon the decision of the Hon ’ ble Supreme Court in the case of Makassan vs. State of U.P. and Bishan Kumar Singh vs. State of Bihar ( supra ) reported in ( 1998 ) 1 SCC 218 .


in the present case , the incident being a result of communal violence in the Bhagalpur city of the incident , it has to be understood that having lost her son , the first priority of the informator and the security of himself and other members of his family .


thus , from the date of inspection , till the date of the passing of the order , it was not conveyed to the Prescribed Authority that the company is a registered dealer and has submitted the original registration certificate in the Pataliputra Circle for the purpose of amendment .


36- In the case of Vaddebuina Tulasamma vs. Vaddeboyina Sesha Reddy ( AIR 1977 SC 1944 ) , the Hon 'ble Supreme Court has held that the words “ to possess itself ” imply the state of ownership or to be in his or her hands or under power .


a copy of this order may be handed over to Mr. Mukesh Kumar Thakur , learned counsel for the State Election Authority for the distribution of the same among all those associated with the election to be started with the concerned Election Officer - cum - Block Development functionaries .


8- The petitioner is also claiming to be the Chairman of the Duniya Primary Agricultural Credit Cooperative Society and also of the Sonapur Trade Mandal Cooperation Committee ( a Central Co - operative Society ) and Bihar State Cooperative Marketing Federation Limited ( Apex Co - operative Society ) .


25 . in his brief reply to the arguments of Mr. Mangalam , Mr. Giri has submitted that the conclusion drawn by the learned Single Judge in paras 8 and 9 of the judgment passed in the case of Pawan Kumar Purave is a conclusion Absolute of the Rules .


whereas the complaint case is wholly pending on a notice relating to the appointment of the petitioner on 05.02.2003 , the enquiry report submitted by the Senior Deputy Collector supports his case in connection with the dismissal of the petitioner from service on account of continued absence from service .


11- From a perusal of para 14 of the impugned judgment , it appears that in the instant case , the Engineer had assessed the valuation of the acquired house at Rs . 54,999 / - which has been reduced by the Land Acquisition Judge without assigning any reason .


however , on the basis of this order , the petitioner shall not be reinstated to the post of Anganwadi Workers , but the reinstatement and consequential benefits of the petitioner shall be in accordance with the fresh order passed by the respondent / District Programme Officer , Patna .


indisputably , the judgment and order passed by the Credit Recovery Tribunal under Section 19 of the Act , 1993 before the Debt Recovery Tribunal is appealable under Section 20 of the Act , 1993 but the order of conditions was not passed with the consent of the parties .


the defendant has not been able to establish a settlement of the first batch , that is , in the year 1950 and similarly the claim of the defendant third group regarding settlement has not been proved , the defendant is not worthy of trust by the third group .


16- After a conjoint reading of the aforesaid two provisions of the Evidence Act , it reveals that the opponent has a liberty to accept the contrary in accordance with the procedure so prescribed , and the aforesaid acceptance would be capable of admission by any court of law .


the brother - in - law of Abdul Khalq , namely , Mohd . Ilias had communicated to the informator that since his son - in - law Abdul Khalq returned , he should meet the demand of a motorcycle and a cash of Rs . 50000 / - .


it may be due to a variety of reasons , such as neglect , carelessness , partiality , partiality , partiality , etc . , making public money more effective by the government officials , because in such a situation there is no one to give money or one .


according to the learned counsel , the land in question was settled by a former zamindar of Bettiah in favour of his father and the land in question since then was in his possession and after his death , the said land is in the possession of the petitioner .


34- Unfortunately , at the time of filing of the complaint , the implications and consequences are not properly seen by the complainant that due to such grievance , the complainant , the accused and his relatives may have been subjected to untold harassment , suffering and pain . "


as has been cross - examined by the only respondent , the approach of the Tribunal appears to be that as soon as a person takes the plea of partiality , the enquiry officer should be altered to the absolute of the materials on which such apprehension is based .


1 . for the purpose of providing speedy trial , the State Government shall , with the concurrence of the Chief Justice of the High Court , by notification in the Official Gazette , specify to be a special court for the trial of offences under this Act . "


a copy of the impugned order is on Annexure 6 to the writ petition and the order is purported to have been passed in the light of the judgment and order passed by this Court in CWJC number 17899 of 2012 ( Kanti Kumari vs. State of Bihar ) .


as there was a change in the administrative set - up in the State of Bihar , the situation became more complex and it was difficult for the State of Bihar to find a solution to the problem of filling up vacancies in the post of elementary school teachers .


it is also apparent from the aforesaid averments in the plaint that the express purpose of the plaintiff to seek the eviction of the defendant from the suit premises is to use it as a passage / exit gate to the middle portion of the building purchased by him .


14- In the instant case , the legal necessity had become infructuous by the plaintiffs having not completed their part of the contract and after receiving the payment of this agreement for sale , the buying of agricultural lands was left to be the sole dream of the defendants .


the test is as follows : “ The document is not a mature one , it has no testamentary effect , it is merely a statement of Hmoulded “ ( the testator , who had executed a will , like a will , reproduced in the present case ) .


( C ) prescribing forms in which pamphlets , entries and accounts shall be maintained by the office bearers of such Court ; ( d ) the tables of fees to be allowed to be sheeted , copies of orders and clerks and all office bearers of such Court :


10 . in case the writ petitioner / respondent herein has already applied for renewal of the lease and it has not been granted so far , it would be better for the State to proceed with the matter as soon as possible without further waiting for the State .


in a criminal case , which is the hidden object behind a weak prosecution , the very nature of the material on which the structure of the prosecution stands and the like constituent will justify the High Court 's action in resetting the proceedings in the interest of justice .


the High Court , therefore , ought not to have directed the medical examination to be got conducted by a doctor posted in the High Court in the exercise of its power of judicial review and not merely on the basis of such report should have ordered his appointment .


Hon ’ ble Hemanta Gupta and Navneeti Prasad Singh , JJ . Ajit Kumar @ Ajit Kumar Singh alias Ajit Singh @ Sutar @ Lalwa @ Suparva @ Tarawwa Versus State of Bihar & Ors . , W.JJC No. 148 of 2016 . decided on 9th March , 2016 .


what is more is that Article 311 ( 2 ) applies only to the public services of the Union or to the members of the All India Service or of the public service of the State or to the holders of civil posts under the Union or a State .


accordingly , both the writ petitions are allowed in each case due by the then Presiding Officer ( Rs . 10 , 000 / - ) along with Rs . 10 , 000 / - ( Rs . 10 , 000 / - ) who passed the impugned order .


I find myself in the submission made by the learned counsel for the opposition that the order passed by the learned Magistrate accepting the final form without notice to the notice given to the notice is not admissible and , therefore , the impugned order is hereby set aside .


3 . it is clear from the record of the lower court that the owner and the driver had failed to appear , however , the order of the record of the lower court is completely silent with regard to the fixing of the ex parte suit against them .


while the body of Lakshmi Devi was found at the lower storey in the room at the outstation under the mosquito nets , the body of her son was found in another room , lying under a mosquito nets lying in the bed under the blood of her son .


in fact the aforesaid quoted portion is directly in conflict with the entire conclusion , not only with the earlier part of paragraph 34 but also the issue on which there is a detailed discussion in paragraph Nos. 26 to 32 and even in earlier paragraphs of the judgment .


the nature of the weapon used , the manner in which it was used , the motive of the murder , the hardness of the body on which the blow was given , are the factors that should be taken into consideration while determining the type of the weapon .


though Rule 12 is applicable only on the prescription of the age of a child against law , we are of the opinion that the aforesaid statutory provision should also be the basis for the identification of the age of the child who is the victim of the crime .


it was that of his younger brother and there is no evidence to show that the premises was in exclusive possession of the appellant , on the contrary , it is the case of the appellant that the premises was an open place to which other persons had access .


according to him , the plot in question under Khata No. 18 was divided into several plots and this was recorded at the beginning in the name of his predecessor , son of late Girdhari Mehto in the old Survey Khatima , son of late Girdhari Goat and register .


3- It is not the hesitation of the Court to record , from a reading of the entire allegations and the debates made in the impugned order , that the writ application was in the form of a petition being one ........... instead of an announcement of a right .


the learned senior counsel , therefore , submitted that on receipt of the communication relating to change of name the Inspector General , the only power of registration was to see that the proposed name is not in any way in the nature of the name of another Committee .


however , in arriving at this conclusion by this Court , the issue has no role to play that in an attempt to deprive them of the benefit of labour legislation , the entire work force of the petitioner organisation was brought on the roll of co - membership .


6- It has been submitted on behalf of the appellant that at the stage of taking cognizance , only one prima facie material was required to be seen from the learned Court below without holding the very intensive examination of the evidence of the witnesses as a trial court .


it is well settled that at the stage of taking cognizance , having regard to the rate of success of the prosecution in that particular case , the Court should not go into the merits of the case set up by them in the plaint filed by the police .


the State legislature is not devoid of its legislative power in respect of matters in the Concurrent List and , therefore , in relation to matters covered in the Concurrent List has the legislative competence to enact it , including the Code of Criminal Procedure , in the list .


2A. Deployment of any armed force of the Union or any other force subject to the control of the Union or any contingent or unit thereof in any State in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment.


33. (a) Trade and commerce in, and the production, supply and distribution of the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products;


For the purposes of sub-paragraph (1) of this paragraph, the merger of the original political party of a member of a House shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger.


(2) references to the laws in force in the territory of India shall include references to hidayats, ailans, ishtihars, circulars, robkars, irshads, yadashts, State Council Resolutions, Resolutions of the Constituent Assembly, and other instruments having the force of law in the territory of the State of Jammu and Kashmir; and


(aa) the person in receipt of the income has made an application for registration of the trust or institution on or after the 1st day of June, 2007 in the prescribed form3 and manner to the Principal Commissioner or Commissioner and such trust or institution is registered under section 12AA;


(5A) Any amount standing to the credit of the assessee in the deposit account shall not be allowed to be withdrawn before the expiry of a period of five years from the date of deposit except for the purposes specified in the scheme or in the circumstances specified below :—


33B. Where the business of any industrial undertaking carried on in India is discontinued in any previous year by reason of extensive damage to, or destruction of, any building, machinery, plant or furniture owned by the assessee and used for the purposes of such business as a direct result of—


(va) any sum received by the assessee from any of his employees to which the provisions of sub-clause (x) of clause (24) of section 2 apply, if such sum is credited by the assessee to the employee's account in the relevant fund or funds on or before the due date.


Explanation.—For the purposes of this sub-section, the amount referred to in clause (i) or clause (ii) shall include the amount paid or payable or received or deemed to be received, as the case may be, by way of demurrage charges or handling charges or any other amount of similar nature.


Provided that any amount of compensation received in pursuance of an interim order of a court, Tribunal or other authority shall be deemed to be income chargeable under the head "Capital gains" of the previous year in which the final order of such court, Tribunal or other authority is made;


(xiii)  as subscription to any units of any Mutual Fund referred to in clause (23D) of section 10 or from the Administrator or the specified company under any plan formulated in accordance with such scheme as the Central Government may, by notification in the Official Gazette, specify in this behalf;


(iiihl)  the Clean Ganga Fund, set up by the Central Government, where such assessee is a resident and such sum is other than the sum spent by the assessee in pursuance of Corporate Social Responsibility under sub-section (5) of section 135 of the Companies Act, 2013 (18 of 2013); or


(aa)  any sum paid by the assessee in the previous year to a research association which has as its object the undertaking of research in social science or statistical research or to a University, college or other institution to be used for research in social science or statistical research :


(c) the residential unit has a maximum built-up area of one thousand square feet where such residential unit is situated within the city of Delhi or Mumbai or within twenty-five kilometres from the municipal limits of these cities and one thousand and five hundred square feet at any other place;


Where there is an express or implied contract that the agency should be continued for any period of time, the principal must make compensation to the agent, or the agent to the principal, as the case may be, for any previous revocation or renunciation of the agency without sufficient cause.


The State Government shall, by notification in the Official Gazette, appoint for the whole State, or such part thereof as may be specified in that notification, an officer or officers to be known as the Child Marriage Prohibition Officer having jurisdiction over the area or areas specified in the notification.


(6) Where a request is made to the Central Government for the grant of any consent referred to in sub-section (1), the Central Government shall, before refusing to accede to the request in whole or in part, give to the person making the request a reasonable opportunity of being heard.


So as to C.B.I. vs. M. L. Paul say that even a person employed in a factory and who is not a worker within the meaning of the Factories Act will be an employee under Section 2(4) of the said Act, even if he is working in a managerial capacity.


10. It is evident from perusal of the above extract of the Statute that the services rendered in the college during the period when the college was not affiliated even up to the intermediate standard shall not be taken into account for the purpose of computation of service for promotion.


But in the instant case there is no Sanchar Nigam Limited allegation that any blow of stick was dealt on any vital part of the informant including on his head and therefore the prosecution failed to prove the charge under Section 148 of the Indian Penal Code against the appellants.


Therefore, interference in the instant writ petition is essential as it is the petitioner who is deprived of his service since the year 2006 and if the matter is remanded to the disciplinary authority or the appellate authority, it will only cause further prejudice to the petitioner and lengthen litigation.


there is no explanation given by defendant No. 1 in this regard as to whether the property of Murad Ali is incorrectly recorded in the name of the three aforesaid persons or as to the discrepancy in the area of Ext . D and the area of Ext . 9 .


the judgment and decree of the lower appellate court and the second appellate court , Ex.7 and Ex.7 / A , is no doubt not between the plaintiff and the defendant – respondent no . 1 , but that is in respect of the suit property by the year 1966 .


the appellate court has clearly recorded a finding that he is not a landless , hence a settlement has been arranged by SDO in favour of a military worker , the settlement in favour of the will of the Force in Ex.-C can be done by the District Magistrate only .


rest of the State of Bihar ( except the State of Bihar ) Survey R . F . Nos. 1 of 2012 with Cri . APP ( DB ) No. 232 , 237 , 361 , 382 , 638 , 736 of 2012 . decided on 28th November , 2012 .


in order to claim that there was only an error of the driver of the truck in the accident , the burden was on the appellant to produce the evidence and prove that there was no mistake of the driver of Marti Bhan , who was insured by the appellant .


2- In the interlocutory application , the appellant 's case is that on the date of the first commission of the offence , the appellant was only fourteen years , that on the date of institution of the case , she was 17 years , eleven months and 10 days .


13 . this Court will not have any sympathy with the present District Magistrate , Monghyr when a plea has been taken by them in open court that such an order of discouragement was passed by the Superintendent of Police , Monghyr in view of the recommendation made to them .


even otherwise , on the facts and in the circumstances of the case , the petitioner is not entitled to the reliefs prayed by him in this application under Article 226 of the Constitution of India and is not entitled to exercise the discretion by this Court in his favour .


the Court has also audited that it is unfortunate that it required interference of the court to do it , whereas , after examination of the Division Bench in a Public Interest Petition , it required unfairness to do the automatic act of authorities after examination of the Division Bench .


the petitioner answered the same by stating that the delay was not due to the petitioner but because of the mistake of the authorities and there was no negligence or slow progress in the work , which was a proportional of the real time that was granted to the petitioner .


( III ) Where the agreement between the State and the aggrieved person is non-statutory and is purely contractual and the rights and liabilities of the parties are governed by the terms of the contract and the petitioner makes a complaint about breach of such contract by the State . "


39- Thus , having regard to the law alleged by the Apex Court and having regard to the facts and circumstances of the present case , it would , in my opinion , be an abuse of process of Court to permit the prosecution to continue in the present case .


12- Since no proceedings have commenced in accordance with law , the concerned authorities will be at liberty to initiate a proceeding if it is necessary to secure the interest of justice , but the proceedings should be strictly in accordance with the provisions laid down in the control order .


since the petitioner has been declared by the Medical Board to be a juvenile violating law on the basis of age assessed by the Board , the petitioner shall be dealt with in accordance with the provisions of Juvenile Justice ( Care and Protection of Children ) Act , 2000 .


that apart , the materials placed by both the parties were to be examined by the authorities of the materials placed by both the parties , giving them an opportunity to traverse the claims of each other and to show the validity of the materials placed by the parties concerned .


the appointment and conditions of service of the petitioner were regulated by the process of Bihar Panchayat Primary Teacher ( Employment and Conditions of Service ) Rules , 2006 in which there was no provision for transfer except provisions made and that too at the instance of the teacher himself .


even after three days of the incident , the son of the complainant did not come back , then it was rumoured in the village that the daughter of Natho had also ran away from her house and there was suspicion that the son of the complainant was keeping her .


7 . on a bare perusal of the judgment under appeal , this Court finds that the appellate court had arrived at a clear conclusion considering the pleadings made in the plaint and the evidence led in support thereof that the suit was filed before the wrong forum / court .


it was settled that the plaintiff would retain possession of the shop as a purchaser from the date of execution of the agreement and the plaintiff had agreed that defendants No. 1 to 4 would continue on the other part of the property till the terms of the sale deed .


this provision relates to the deprived sections of the society , which has the object of achieving social justice , which is a statutory objective incorporated in the Preamble to the Constitution of India , it becomes the bound duty of the court to advance the cause of social justice .


21- In view of the aforesaid facts and circumstances of the case and the discussions made above , I am of the opinion that the prosecution has not been able to prove its case against the appellants beyond reasonable doubt and the appellants are entitled to the benefit of doubt .


( iv ) The Government or the Review Committee , as the case may be , shall , before taking a decision in the matter , consider the entire history of service in which , no doubt , gives more importance to the history and performance of the subsequent years .


14 . thus , whether it is a case of raising the age of superannuation from 58 to 60 years or of premature retirement in public interest under Rule 74 ( b ) ( i ) of the Bihar Service Code , the doctrine is more or less the same .


on a perusal of the order passed by the Block Development Officer ( Annexure 6 ) , it is evident that on account of unpresentation / non availability of records relating to third or fourth stage of the selection , the grievance raised against other appointments could not be entertained .


thus , we agree with him which has been laid down in the aforementioned cases , that is , in order to avoid liability , it is not sufficient to show that the person carrying on the train at the time of the incident did not have a considerable licence .


there is no application of the case on the controversy in hand : “ 7 . intention of the Act and the Rules or the scheme is either for the District Magistrate to hold the particular possession of the jaughats or hold a public auction for grant of a lease .


( 2005 ) 3 SCC 401 . the importance of discipline at the work was mentioned in Madhya Pradesh Electricity Board vs. Jagdish Chandra Sharma : “ 9 . there is a need for smooth functioning of the Disciplinary Organization at the workplace in an organization like the employer therein .


according to it , on calculation , it appears that the total sanctioned strength in the State of Bihar at present comes to 1118 in the year 1999 and the number employed 344 , while the vacancies in the present State of Bihar fall to 774 in the year 1999 .


23- In view of the legislative propositions established by the Hon 'ble Supreme Court , referred to above , and in view of the fact that both the persons kidnapped have not yet returned , they will be treated as dead in terms of Section 107 of the Evidence Act .


on the death of Srimanant Kumar Choudhary , the devolution of property in view of the Hindu Succession Act would take place to Yashwant Kumar Choudhary , for his two other brothers , Hemant Kumar Choudhary and Silvica Kumar Choudhury had died prior to the testator of Srimanta Kumar Choudhary .


[ 63 ] . apart from what we have referred to above , the involvement of the appellants in the commission of the scientific investigation , as emerging from the evidence of PW19 , PW20 and PW21 unequivocally establish the complicity of the appellants in the commission of the crime .


the Division Bench also did not consider the law laid down by the Supreme Court in Shyam Lal Sharma ’ s case ( supra ) that even if search is unconstitutional , further , due to the illegality in search and seizure , the latter steps would not be vitiated .


Hon 'ble Dharanidhar Jha , J. Panwar Sarma Kamatma alias Punchhu ( in 450 ) Khelar atma & Ors . ( in 497 ) Versus State of Bihar ( in both ) Criminal Appeal ( Army ) Nos. 450 and 497 of 2002 . decided on 24th April , 2014 .


it is stated in the FIR that in the injured condition the deceased Radha Yadav had told the informant-Shiv Nath Yadav that it was the appellant no.1 Dhuma Ahir , who had fired at the deceased due to identification of the dacoity at the time of committing of the dacoity .


7- On account of the fact that the case of kidnapping of the husband of the mother of the informant Phool Devi , PW-5 , has not been found proved against both the appellants including one Om Prakash Bharti , on account of which their conviction for her was made .


on account of failure to summon the notice under Section 4 of the Act , to take possession and deposit the amount of compensation in the civil court , the acquisition in plot No. 564 , in respect of the land measuring 75.75 , can be deemed to have lapsed .


advocate , Mr . Dy . NSDL ( in 18 ) , Master of the State ( 308 ) , Financial Institutions ( in 308 ) , Financial App or Apple Management , Mer & Segay ( in 18 ) , Mr . Ageigy Maissa ( 308 ) , Financial Institutions


and in the said suit , this issue was decided and in the judgment , Ext.3 / A , it was held that the husband of Ram Kumari Devi , Sunder Thakur , husband of Ram Kumari Devi , had died in a condition to live apart from her brothers .


heard Sri Santosh Kumar Singh , learned counsel appearing on behalf of the petitioner and learned counsel for the State as well as respondents numbers 10 and 11 , namely , the Managing Director of Pataliputra Central Cooperative Bank and the learned counsel appearing on behalf of the branch manager .


2- The petitioners in CWJJC No. 11483 of 2011 claim to be the elected Chairman of the concerned Trade Mandal Cooperation Committees , who are members of the electorate of the electorate to the State Cooperative Marketing Federation of Bihar Limited ( BisSCOM ) , which is a Apex Committee .


the appellant - Chandisvara Mahto said , to have urged the two deceased , namely , Karu Beldar , to stay at his house with him during the night time , as he had to dig a well at the auspicious time fixed at 5.00 a.m. on the next day .


the petitioner could have abandoned the school for the purpose of advancing his education in view of the better prospects , but there was also an obligation towards the children of his school , which also has a fundamental right to education under Article 21A of the Constitution of India .


( II ) A list shall be forwarded to the Social Welfare Board with photographs of all children for publication in newspapers of the local language having English and wider circulation as well as in the State of Bihar / other States , if there are children of other States .


15- Mr. Ashwani Kumar Singh , learned Public Prosecutor , on the other hand , submits that the appellants are the drivers of the vehicles by which members of the bridegroom had reached the house of Sushil Singh of the village of Kadikadha Khideya Tola in the night on 28.06.2012 .


34- We also direct that the learned trial court shall deal with the matter expeditiously and dispose of the same in accordance with law within a period of four months from the date of receipt of the records of the lower Court with a copy of the judgment and order .


( VII ) Whether the version of the Kiranama as submitted by the plaintiffs is correct and whether the relationship of landlord and tenant between the defendants and the plaintiffs is in existence ( vii ) whether the calumny relied upon by the defendant is pure , valid and consideration ?


the measurement of both plots , i . e . plot numbers 1871 and 1872 is more than three bad and the structure in the smaller portion is being created and the crops are being grown in the remaining part as was found by the Pleader Commissioner in his report .


the learned senior counsel , by referring to the report , has elaborated his submissions to show that the representation of the government servants of the Scheduled Castes and Scheduled Tribes in most of the cadres in various services is substantial and far more to be said to be inadequate .


further , non-exclusion of the recreational layer would also be violative of Articles 14 , 16 ( 1 ) and 16 ( 4 ) of the Constitution of India , since imperatives cannot be regarded as integrators , i . e . equal to the rest of the backward class .


in view of the requirements of Article 14 of the Constitution , the benefit of the passing back on the date for providing the Matriculation certified pay scale as indicated above will also be provided to such teachers who are likely to pass the training examination in the second effort .


Hon 'ble Imambay Ahmad Ansari and Neeloo Agarwal , JJ . Gaddu Singh ( in 641 ) , Ajay Singh ( in 557 ) Versus State of Bihar ( in both ) Criminal Appeal ( DB ) Nos. 641 with 557 of 2009 . decided on 20th May , 2015 .


the sample copy of which has been reproduced hereinbelow in the case of M / s Prahlad Stone Verses : " the petitioner has submitted that he could not run the business of breaking the stone on account of health and financial problems , which caused a default in payment .


he has argued that there was negligence in the treatment of the child as a result of which the right of the child had become infected with the knee and ultimately she had to disintegrate her right leg to the knee in order to save the child ’ s life .


12- The learned Additional Public Prosecutor was also very unbiased in making such a reference that the circumstances do not really appear to be emerging from the evidence of the witnesses and the evidence is suffer from many infirmities while raising a serious doubt in the veracity of the party .


in view of the aforesaid provision , the Court below ought not to have excluded the photographs by way of inadmissible in evidence but could have rejected them in view of the fact that it was possible to create such a shadow picture in the present era of technical development .


on verification , the complainant came to know that in the Jamabandi number 235 only 2 acres and 49 decibels the land is mentioned and the remaining land mentioned in the possession certificate was either in the name of the State of Bihar or the name of other land owner .


it is made clear that at the time of passing the order , from the observations made by this Court in the instant case or from the orders passed by the Magistrate concerned in the Arrah Reference Police Station Case No.49 of 2010 , shall in no way be biased .


if the conduct of the petitioner Vijay Prakash ( opposite party No. 2 ) of Criminal Revision No. 560 / 2013 had been justified , the aforesaid developments , that is to say , meant that the criminal revision would not have been allowed to be made 560 / 2013 .


the facts disclosed that the Will was executed before the Subordinate Registrar , whereupon the signature and thumb impression of the testator 's signature and also the signatures and thumb mark of the witnesses were taken by the said authority , after which the said authority had signed the deed .


the occupants of the property had acquired annual rights and as they were in possession of the property when it stood in the State of Bihar , the plaintiffs became the settlement of the settlement by operation of law , that is , the Bihar Land Reforms Act , 1950 .


but strictly speaking , I understand that no doubt the consent of the counsel for the accused and with the leave of the judge the demand of that witness should have been made by the prosecution , as to whether his evidence in the lower court is correct or not .


a certified copy of the same ( Ext.9 ) has also been produced , on the basis of which the appellate court has come to the conclusion that after settlement of the land , return in favour of the plaintiff for the suit land was filed and Register - II .


( V ) During the course of the hearing , the person in question should also be told in clear terms that the statement to be made would not be a confessional statement before the Magistrate , but its status will be that of the statement taken before the police .


the authorities concerned will also calculate the benefits of pension and other retirement benefits as admissible to permanent employees of the pensionable establishment and after rethinking and calculation , the authorities concerned will make the necessary payment after obtaining the sanction from the Accountant General within the period mentioned above .


in support of his above argument , he has reported in Union of India vs. H. C. Goyal ( AIR 1964 SC 364 ) ( paras 1 , 10 , 20 and 22 ) , Kuldeep Singh vs. Deputy Commissioner of Police [ ( 1999 ) 2 SCC 10 ] .


we also find that the material evidence , i.e. , the post mortem report of the deceased Mr. Gop does not affirm the allegations as propounded by the prosecution witnesses as there was only one injury of fire arms found on her body which is contrary to the prosecution case .


the relevant observations appearing in the case of Shiv Prasad Bhatnagar are read as follows : “ It is now well established that the orders of detention are expedient and not irrelevant , to be adjacent and not to date , and not to be old , is not vague .


hence , the delinquent employee would be entitled to a copy of the report even if the statutory rules do not permit the report or they are silent on the subject : ( ii ) The relevant extract of Article 311 ( 2 ) of the Constitution reads as under :


the Court has given an answer that except for a clear provision in the Act , on a simple passage of the provision of sub - section 48E ( 1 ) , the civil and criminal court shall have no jurisdiction over the subject matter of dispute in the proceedings .


9- Now , on return to the present case , from the averments in the complaint petition , cancellation application and the counter affidavit filed by the opposition no.2 , it is clear that there is a serious dispute regarding the payment / repayment of the amount of uncalled cheques .


thus , it is now to be seen as to whether the opinion expressed by the Division Bench in the case of Raghava Jha is likely to suffer from any deviations in the opinion expressed by this Court in the case of Thakura Batra Clovo Bee Society ( supra ) .


learned senior counsel would submit that it was sufficient for the interview to state in the old letter to state that there would be a burden of performance in the interview , to show good faith of the appellants in order to provide the least qualifying marks in the interview .


10 . considering the facts and circumstances of the case and the submissions of the learned counsels for the parties , the Court finds that it is illegal to include petitioner no . 1 , the Committee 's electoral roll of 495 members of the respondent no . 6 Committee .


the order of employment stipulates that the conduct and services of the appellant shall be governed by the Post Departments as amended from time to time by the Rural Postal Servants ( Conduct and Planning ) Rules , 2011 ( hereinafter referred to as the ' Rules 2011 ' ) .


10 . the writ application has been heard along with other writ applications in which the leading case is CWJC No. 11791 of 2017 [ : 2017 ( 4 ) , Baun 215 ( PLHC ) ] ( Navset Kumar Singh and others vs. Union of India and others ] .


they , by false fact , retired on the occasion of Dussehra also , and took leave of him to his house with a pistol / shot , while this weapon should have departed on leave only after they had deposited in the police station or at the police station .


17- The senior Superintendent of Police , Patna , after that , being the administrative authority , came to the conclusion that the petitioner is a person of criminal psychology ; therefore , it would do harm to the image of the police force to hold him in police force .


6- As on the basis of the capillary certificate , the victim 's age is 14 years , 10 months and 9 days , hence , he is a minor and that the order for release of the victim in favour of the son of the accused is wholly unjustified .


in the cross-examination , in paragraph 14 , he has stated that he had seen the incident from a distance of two or three horses and leaving his motorcycle on the edge of the road , he was watching the incident while concealing himself from the behind a palm tree .


thereafter , the writ petitioner passed on to one Shri Ku Prasad , District Magistrate , who had ordered the then officer to conduct detailed inquiry into the matter and report the matter to the then Chief Officer , Haveli , Harghanpur , District Monghyr , Mr. Binod Kumar Singh .


20- In the case of Vimal Chand Ghewar Chand Jain and others vs. Ramakant Eknath Jadu , 2009 ( 5 ) SCC 713 , the Hon 'ble Supreme Court has held that in a registered deed of sale , there is a presumption that the transaction was a pure transaction .


it had directed that the economic offence would also exercise jurisdiction in respect of the Department of Food , the Cyber Crime and the Department of Cooperation under the direct control of the Director General of Police Control Unit and such other units would also be subject to its jurisdiction .


(7) “corresponding province”, “corresponding Indian State” or “corresponding State” means in cases of doubt such Province, Indian State or State as may be determined by the President to be the corresponding Province, the corresponding Indian State or the corresponding State, as the case may be, for the particular purpose in question;


(3) The profits and gains referred to in sub-section (1) shall not be included in the total income of the assessee in respect of ten consecutive assessment years beginning with the assessment year relevant to the previous year in which the industrial undertaking begins to manufacture or produce articles or things.


Provided that this clause shall not apply where the assessee is a company, being a licensee within the meaning of the Electricity (Supply) Act, 1948 (54 of 1948), or where the ship has been acquired or the machinery or plant has been installed before the 1st day of January, 1958 :


(b)  Nothing in clause (a) shall apply in relation to any provision made by the assessee for the purpose of payment of a sum by way of any contribution towards an approved gratuity fund, or for the purpose of payment of any gratuity, that has become payable during the previous year.


(11) Where the assessee has, before the 1st day of March, 1984, paid any sum to any fund, trust, company, association of persons, body of individuals, society or other institution referred to in sub-section (9), then, notwithstanding anything contained in any other law or in any instrument, he shall be entitled—


(i)  it is a company incorporated in India during the period from the 1st day of April of the previous year relevant to the assessment year in which the capital gain arises to the due date of furnishing of return of income under sub-section (1) of section 139 by the assessee;


(a)  standing to the credit of the assessee under the scheme referred to in clause (i) of sub-section (1) in respect of which a deduction has been allowed under sub-section (1) together with the interest accrued on such amount is withdrawn in whole or in part in any previous year, or


(11) The Central Government may, after making such inquiry as it may think fit, direct, by notification in the Official Gazette, that the exemption conferred by this section shall not apply to any class of industrial undertaking or enterprise with effect from such date as it may specify in the notification.


Provided that this condition shall not apply in respect of a start-up which is formed as a result of the re-establishment, reconstruction or revival by the assessee of the business of any such undertaking as referred to in section 33B, in the circumstances and within the period specified in that section;


(2) Every such process shall bear date the day on which it is issued, and shall be signed by the Judge or such officer as the Court may appoint in this behalf, and shall be sealed with the seal of the Court and delivered to the proper officer to be executed.


(4) The first payment shall be made to the proper officer of the Court for such portion of the current month as remains unexpired before the judgment-debtor is committed to the civil prison, and the subsequent payments (if any) shall be made to the officer in charge of the civil prison.


It is evident from the crime team report Ex.PW-14/A that once the crime team reached at the spot, no eye witness was found and the crime team had advised the IO to record the statement of the victim or the eyewitnesses who were present there at the time of the incident.


Explanation of crime number 364/11 was prepared by police officer Gyanendra Singh posted on the post of Dhumanjanj and prepared a map of the incident, Nazi Exhibition-12 and in view of the testimonies, in view of the evidence, charge sheet against the accused was made under Section 302, 504, 506, I.P.C.