The Environment Department of the State Government or Tamil Nadu State Pollution Control Board shall implement the regulations for control of noise pollution in the Eco-sensitive Zone in accordance with the provisions stipulated of The Noise Pollution (Regulation and Control) Rules, 2000 under the Environment (Protection) Act, 1986 and amendments thereto.


The basic fact remains that there has been an assault, the accused have out numbered the victim, there is no injury to any person on the side of the accused and on the other hand, there are three persons injured on the side of the informant and the injuries are multiple.

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:


The question which requires to be answered is the question of fact as to whether Vinita was major at the relevant time and she was at her liberty to take her own decision which can very well be ascertained on the basis of the evidence adduced on behalf of the parties.


Meaning thereby if under a contract the workman agrees to accept the employment on contract basis with condition of the end of the employment with the expiry of the terms mentioned in the contract or the contract containing a condition of termination of the employment then that is not a retrenchment.


This Act has been adopted by the State of Jharkhand obviously, from the time of its inception and i.e. from the year 2000 in spite of having a provision like Section 54 in the Act of 1951 in Bihar Regional Development Authority Act which is adopted by the State of Jharkhand.


this time , when the matter reached the Staff Selection Commission , in view of the provisions of the Rules of 2003 , it had returned the recommendation clearly stating that as per the 2003 Rules , the posts of the Motor Vehicles Inspector would only be filled by direct recruitment .


13- In view of the above established proposition of law laid down by the Apex Court , in my opinion , no material question of law is involved in this second appeal and the grounds raised by the learned counsel for the appellant are not at all material questions of law .


the principle underlying by the Judges in Dolighoa Paricha vs. Nimai Chand Mishra AIR 1959 SC 914 has been clearly laid down which is as follows : — " On a plain reading of the section , it is quite clear that it relates to the consistency of a particular fact .


10 . Mr. Singh also made an attempt to show , with reference to the map of the shopping complex , that there were multiple shops in the premises and that would satisfy the plaintiff ’ s requirement , without disturbing the possession of the defendant over the shop in dispute .


any such plea in such a situation can only be raised by the employee and not what has to be done by the Bank in terms of the liberal intention expressed in the circular to give more benefit than provided by the statutory rules in the matter of payment of interest .


as far as Ex . -A , C , J , z is concerned , according to the learned counsel , it is not relevant for a decision of the dispute between the parties and more so , the Trial Court has dealt with these documents in a very elaborate manner .


Hon 'ble Hemant Kumar Srivastava , J. Surya Nath Singh and others ( in 86 ) , Darshan Singh and others ( in 90 ) Versus State of Bihar ( in both ) Criminal Appeal ( J ) Nos. 86 with 90 of 1995 . decided on 16th January , 2013 .


the question that arose for trial before the High Court was whether in the State of Kerala as well as in the State of Uttar Pradesh , there existed a regular cadre of the prosecution officials in terms of sub — section ( 6 ) of Section 24 of the Code .


the Hon ’ ble Supreme Court had thus audited : “ 22 . there is another difficult , which is present in the way of the appellant and the petitioners because the State Government has made the post of Public Prosecutor as well as the posts of Additional Public Prosecutors respectively .


if such a Central amendment is brought in , and the amendments to the State are made to discuss with the Sessions Judge , as well as to clear the provision of selection of members of the Bar with such experience and good character , such procedure would violate Article 14 .


though in such cases the scope of exercise of revisional jurisdiction by the High Court from the jurisdiction conferred under Section 115 of the Code is wide , but the same cannot be taken to the extent that the findings of facts recorded by the trial court be sitting in appeal .


that apart , the fardbeyan of the informant-Manager has further shown that when the injured persons of this case were being taken to hospital by tyres by vehicle he came to know that except for the injuries inflicted by other appellants of appellant Dineshwar Rai , the injured persons were assaulted .


however , the findings of the learned lower court with regard to the possession of the opposition are based on a proper appreciation of the evidence on record and as such , the defendant ( second before the Courts below ) should not be disturbed in any way in the possession .


the Principal / in-charge ex - officio member , showing that under the order of the Vice-Chancellor , an ad hoc Committee was constituted for 18 of the accepted Colleges of the University of Magadha including the Mahavidyalaya at question and was notified under the hand of the Registrar of Universities .


the Vice - Chancellor of the University cannot diminish the power of the Registrar and , therefore , even though he may be an office bearers who may assist the Registrar in affairs , but the statutory duty of the post of registrar has to be discharged only by the Registrar .


to that extent , it would be relevant to quote Paragraph 7 and 8 of the counter affidavit which reads as follows : 7 that the dispute about the constitution of the regular Governing Body in the existing College , namely , Terrant Women College has been for a long time .


it is true that the learned first appellate court in its judgment did not discuss the evidence and material available on record in the title suit on the basis of which the learned trial court had come to a conclusion of facts and decreed the suit in favour of the plaintiff .


2- The Letters Patent Appeal No.377 of 2006 has been filed by the writ petitioner under clause 10 of the Letters Patent Appeal under Section 10 of the Letters Patent , against the order dated 11th September , 2003 made by the learned Single Judge in CWJC No. 4226 of 2000 .


( 6 ) Save as otherwise provided in this Act , the provisions of the Code of Civil Procedure , 1908 ( 5 of 1908 ) , relating to appeals to the High Court shall , as far as may be , apply in the case of appeals under this section .


it is the established rule of law that while there is exclusive possession of the co - heirs and the knowledge of the other , it is essential that one of them should bear evidence of open flaunting title to the exclusion of other , so that outflows can be formed .


in the case of Sakuntala Bai vs. Narayan Das ( AIR 2004 SC 3484 ) , even before her decision by the Supreme Court in the case , the view is clearly stated in para ( 1 ) which reads as follows : 1 . it is a case of surprise .


a decision is called a final decision when it is , so far as the Court in deciding it is concerned , it is irreducible , save by taking recourse to such provisions of the Code of Civil Procedure , which the provision allows for repatriation , modification or amendment thereof .


on failure to pay the entire dues of the alimony by the husband to the wife within the aforesaid period of four months , she would also be obliged to pay annual interest at the rate of 18 % on the amount of arrears of alimony till the date of recovery .


since the defendant No. 2 was not the owner of the property on the date of execution of the sale deed , but the plaintiff was owner on the basis of the registered gift deed , hence , the sale deed in favour of defendant No. 1 is not a document .


4- Learned counsel for the petitioners also submits that the impugned order is contrary to the scheme and the ambit under Section 48E of the Act and there is a violation of judicial decisions made by a Special Bench of this Court as well as by the Hon 'ble Supreme Court .


Bihar Panchayat Raj Act 73 . functions and powers of District Council . [ 1 ] The District Council shall , subject to such conditions as may be specified by the Government from time to time , conduct the following functions : ( 14 ) Rural , roads and inland waterways .


2- It is necessary to take note of the facts of the case , the provisions of the Legal Services Authorities Act , 1987 ( hereinafter referred to as " the Act " ) and the Bihar State Legal Services Authority Regulations , 1998 framed under Section 29A of the Act .


Hon 'ble Iakal Ahmed Ansari and Samarendra Pratap Singh , JJ . Suresh Yadav ( in 664 ) , Vikram Yadav ( in 471 ) Versus State of Bihar ( in both ) Criminal Appeal ( DB ) Nos. 664 with 471 of 2013 . decided on 6th March , 2014 .


if the pharmacists ' posts have not been filled up for years and thereby the deserving candidates have been denied the application , then in that case , the question of the relaxation of age of those persons who have crossed the age limit at this time may also be considered .


in the instant case , there is no sudden mention of the name of the petitioners but a specific allegation , therefore , the aforesaid decision relied upon by the learned counsel for the petitioners being on a different basis of the facts of the case on hand does not apply .


in view of the release of the owners from the burden of bringing the vehicles before the registering authority , the State Government has issued the impugned notification dated 8th March , 2011 in exercise of the power conferred by Section 65 ( 2 ) ( b ) of the Act .


Hon ’ ble NALAYA Prasad Singh and Jitendra Mohan Sharma , JJ . Toyan Yadav ( in 379 ) Thread Yadav ( in 401 ) vs. State of Bihar ( both in ) Criminal Appeal ( DB ) No. 379 with 401 of 1991 . decided on 1st August , 2014 .


the trial Court while again dealing with the issue relating to the case submitted by him regarding the possession of the plaintiff and also of her seizing in the suit , had concluded that the case set up by the plaintiff in this regard was proved by cogent and reliable evidence .


it would amount to material compliance of the said provisions if the judgment of the appellate Court on an independent assessment of the relevant evidence on all vital aspect of the matter is based and the findings of the appellate Court are held to be well and inspires confidence at all .


at about four o 'clock in the evening , Bokarid Mian and Hasnain Mian had come to the spot and then asked him as to why he had dug the foundation without their permission , to which he replied that he had done so according to the decision of the Panches .


15- So far as the present case is concerned , without any statutory infirmity , there is no right on the part of the petitioners to continue the trust of the House in a no - confidence motion against them . 16 . writ petitions and the interlocutory applications are dismissed .


6- According to the learned advocates appearing for the writ petitioners , the action taken by the State Government and the consequential order made by the Regional Director of Animal Husbandry , is not justified 7 — First submission that the Regional Director of Animal Husbandry was authorized to make appointments .


as I am told , since most of them are so small that they are not in a position to tell their whereabouts , it is desirable that the immediate steps taken by the Training - cum - rehabilitation officer , Living House , Vaishali , Hajipur , are as under :


14- However , it is made clear that at any stage , the learned Magistrate considers the personal attendance of the petitioners to be necessary , he may , in his discretion , direct the personal presence of the petitioners in terms of Section 205 ( 2 ) of the Code .


according to the learned counsel , in the probate application , details of the property are mentioned and so far as the version in the Will is concerned , the deceased was the only owner of the property , therefore , he had executed the Will in respect of his property .


the plaintiff had claimed that his father had purchased the property while it is the case of the defendant that the father of the plaintiff , namely , Vasudev Lal Ramdhan Prasad was a benamidar and , in fact , Ram Dhanprasad was the actual owner who paid the consideration amount .


Explanation . — The period of forty - eight hours referred to in clause ( b ) of this sub — rule shall be computed from the date of commencement of the imprisonment after conviction and for this purpose the intermitting periods of imprisonment , if any , shall be reckoned .


advocate . - Mr . R . vi . company . ( in Voluen ) , Financial App ( Form 11 ) , App . / s benefit / UPLin ( 523 ) ; Associate Kigr ( in 532 ) ; Assa Segment ( in 342 ) , Nature Cure scheme .


the application of this discretion is not a time when a party makes an application for the presentation of a new evidence before the appeal is heard , but when an inherent defect or deficiency , as the case may be , is made out on an examination of the evidence .


Hon 'ble Ashwani Kumar Singh , J. Hon ’ ble Ashujul Haq and another ( in 397 ) , Abdul Khalq ( in 539 ) Versus State of Bihar ( in both ) Criminal Appeal ( J ) No. 397 With 539 of 2013 . decided on 30th January , 2015 .


according to him , for the offences alleged to have been committed by the petitioner or his driver , the maximum sentence under Section 49 ( 2 ) ( f ) of the Act , 1981 is one year with fine which is not to exceed Rs . 1500 / - .


it is , however , contended that the backwardness of the Government servants of the Scheduled Castes and the Scheduled Tribes are not required to be unduly emphasised in the present context as there is backwardness in the cases of persons included in the category of Scheduled Castes and Scheduled Tribes .


the historical fact of previous discrimination leading to economic , social and educational backwardness may be the relevant considerations for the purpose of reservation in the initial appointment as envisaged under article 16 ( 4 ) , for the use of historical facts , exploitation of any social class , etc .


in other words , the chain of evidence must be so complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused .


152 . a close analysis of this judgment would show that before a case can be said to be fully established against the accused , the following conditions must be fulfilled : ( 1 ) The circumstances from which a conclusion of guilt is to be drawn should be fully established .


in case notice of receipt is reported to be received in verification , then the balance amount paid by the District Accounts Officer over and above the salary assessment verified by the District Accounts Officer may be reduced to a lump sum and deposited by the Treasury of all such teachers .


since it is a compulsory acquisition , it is the entirely dishonest liability of the Court to assess the logical compensation , so as to allow it to the owner of the land whose property has been acquired by compulsory acquisition and also to avoid unnecessary burden on the public exchequer .


4- Heard Mr. Balaram Kapadi , learned counsel for the appellant , learned counsel for the respondent-State , Mr. skill Kumar Jha , learned counsel for the respondent-State , Mr. Amarendra Kumar Jha , learned counsel for respondent No. 11 and Mr. Amarendra Kumar , learned counsel for respondent No. 12 .


the said act was not even done in the discharge of duty or in the guise of duty but has been done by them by taking undue advantage of his position and on this account there was no requirement of any admission to take cognizance of the offence against the petitioner .


11 . so far as the provisions contained in Sections 19 ( 1 ) ( 2 ) ( 3 ) ( 4 ) of the Prevention of Corruption Act are concerned , in the case of Prakash Singh Badal ( supra ) they came up for consideration before the Supreme Court .


in one of the cases cited before us , that is , in Surendra Kumar Verma v. Central Government , the Industrial Agency and Labour Court , we had the opportunity to say as follows : “ Learn for the interpretation of statutes is cloyingly present in the interpretation of mercantilism .


as far as the weapon licence granted to the father of the petitioner is concerned , fire arms received on such licence cannot be used by him in the event of any apprehension of danger to the life of the petitioner , hence , the petitioner should be granted a licence .


63 . execution of unprivileged Wills-Every testator , not being an intention or a soldier engaged or employed in any expedition or actual warfare , [ or an airman so employed or engaged or engaged , or a sailor airman , shall execute his will in accordance with the following rules :


in fact , the case of the petitioners shall be squarely covered therein which had to be stated to have been reported in 2008 ( 9 ) SCC 242 by the Hon 'ble Supreme Court in the case of Union of India and others Vs . Pushpa Rani and others identical .


26- It is further argued that in view of the amendments made in the aforesaid sections in the year 2009 , in the course of Scheduled Castes , other and Scheduled Tribes , the rotation in the elections held in 2006 and 2011 in the Panchayat elections have already been adopted .


the telephone connection of the petitioner , Voter letter , voter list of the family , ration card of the petitioner and the electrical letters of the petitioner reflect the address of the property in question , which in fact was the possession of the petitioner on the property in question .


2- The sole plaintiff Mst , Mst . Karmi Kunwar , had claimed the aforesaid relief , alleging that there were four sons and two daughters of Sonamarai sava , who were Raghu sava , Saukhi sava , Chambal sava , gundar sava , gale Sambhao , Phulabo Kunwar and Girio .


it is true that Ram Nath Das shall , in his place , acquire the possession of the properties and estates of the well - being and manage the affairs in the same manner as Mahanta Bandaranjan Das used to do in the lifetime of his son - in - law .


after discussing the scheme concepts of the provision , the Court had decided that where a policy is taken by the owner of the goods carriage , in the case of an employer the liability of the insurance company would be limited to the liability arising under the Act of 1923 .


while processing the passport , he returns the address of the original voter identity card and the PAN card and places copies of these documents , which are forged and misused by the staff of the company ' s aforesaid employees , by forging the signatures of the high - souvenirs .


according to the Rules and 2014 ( 3 ) PLJR 606 , as reported in , Baijnath Singh vs. State of Bihar and others , as per the order of this Court , only 20 marks can be added in the total marks of Intermediate , then only to be expunged .


10 . it would be relevant to mention here that the decision in the case of Smt . Leela Bai vs. State of Bombay ( supra ) was in relation to the provisions of the Bombay Land requisition Act , 1948 and not with regard to Land Acquisition Act , 1894 .


in the cross statement filed by the Insurance Company before the Tribunal , it is also not clear that the claim petition was filed by the appellants on account of mismatch between them as well as respondents No. 1 and 2 , the driver of the vehicle and the owner respectively .


it is this error , which is apparent on the face of the record , that is , reservation is provided in promotion by selection regarding post carrying salary of less than 1 5,700 per month , that leads to further error that such reservation scale in the matter of promotion .


so far as the partition deed is concerned , according to the learned counsel , there is in fact a memorandum of Ex.A is a division and not a partition deed as the previous oral partition has been mentioned in the memorandum of partition , hence it need not be registered .


in other words , the petitioners , that is to say , Ram Narayan will not be bound by the sale and other sale and the purchaser ( defendant nos . 2 and 3 ) shall not acquire title and , therefore , this property is also capable of being divided .


2017 ( 4 ) BLJ is of the said company , that is , the claimant to Sushila Sahai and Sanjay Sahai , at the time of the incident , and Dayanand Sahai had taken the place of the said claimants , who are the director and owner of the vehicle .


16- According to the aforesaid case of the prosecution , the very first witness to the demand of dowry is the son of the informant-, namely , Bhushan Kumar and her nephew , namely , Bansi Kumar , before whom the said demand of dowry was made by the accused persons .


13- In the case on hand , as per the allegations made in the complaint petition and the statements of the witnesses recorded prior to the charge , there is nothing on record to show that this petitioner had a fraudulent intention at the time of taking loan by her husband .


4- Prisoner of offences under the Indian Penal Code and other laws . — ( 1 ) All offences under the Indian Penal Code shall be investigated , inquired into , tried and other proceedings in respect of all offences shall be carried out in accordance with the provisions hereinafter contained .


(a) the establishment of separate development boards for Vidarbha, Marathwada, 1[and the rest of Maharashtra or, as the case may be,] Saurashtra, Kutch and the rest of Gujarat with the provision that a report on the working of each of these boards will be placed each year before the State Legislative Assembly;


(b) where any money is provided by the Government of India to the Government of Nagaland to meet the requirements of the State of Nagaland as a whole, the Governor shall in his discretion arrange for an equitable allocation of that money between the Tuensang district and the rest of the State;


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


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


(iv) where a deduction is allowed for any previous year under this section in respect of expenditure represented wholly or partly by an asset, no deduction shall be allowed under clause (ii) of sub-section (1) of section 32 for the same or any other previous year in respect of that asset ;


Provided that there shall be excluded from such expenditure any portion thereof which is met directly or indirectly by any other person or authority and any sale, salvage, compensation or insurance moneys realised by the assessee in respect of any property or rights brought into existence as a result of the expenditure.


(b) "year of commercial production" means the previous year in which as a result of any operation relating to prospecting, commercial production of any mineral or any one or more of the minerals in a group of associated minerals specified in Part A or Part B, respectively, of the Seventh Schedule, commences;


(2)  "sold" includes a transfer by way of exchange or a compulsory acquisition under any law for the time being in force but does not include a transfer, in a scheme of amalgamation, of any asset by the amalgamating company to the amalgamated company where the amalgamated company is an Indian company.


(5) The provisions of sections 44AA and 44AB shall not apply in so far as they relate to the business referred to in sub-section (1) and in computing the monetary limits under those sections, the gross receipts or, as the case may be, the income from the said business shall be excluded.


(3) The written down value of any asset used for the purpose of the business referred to in sub-section (1) shall be deemed to have been calculated as if the assessee had claimed and had been actually allowed the deduction in respect of the depreciation for each of the relevant assessment years.


(4) The provisions of sections 44AA and 44AB shall not apply in so far as they relate to the business referred to in sub-section (1) and in computing the monetary limits under those sections, the total turnover or, as the case may be, the income from the said business shall be excluded.


(e)  the demutualisation or corporatisation of a recognised stock exchange in India is carried out in accordance with a scheme for demutualisation or corporatisation which is approved by the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992);


(xviii)  any transfer by a unit holder of a capital asset, being a unit or units, held by him in the consolidating scheme of a mutual fund, made in consideration of the allotment to him of a capital asset, being a unit or units, in the consolidated scheme of the mutual fund:


(b)  the aggregate amount of the deductions of income so allowed in respect of the previous year or years preceding such previous year, shall be deemed to be the income of the assessee of such previous year and shall be liable to tax in the assessment year relevant to such previous year.


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


Provided that this condition shall not apply in respect of an undertaking 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 the said section;


In the calculation of the means of the judgment-debtor for the purposes of clause (b), there shall be left out of account any property which, by or under any law or custom having the force of law for the time being in force, is exempt from attachment in execution of the decree


It is further argued that since the owner of the land, mentioned in the notification, is the State of Bihar and now the State of Jharkhand and therefore, the status of such lands would continue to be protected forest until denotified and deprotected by the competent authority of the Government of India.


At the same time, other ground of mala fide taken for assailing the order is also devoid of merit as the allegation of mala fide seem to be quite vague, as the petitioner has not come forward with the name of any person at whose instance, the impugned order has been passed.


At a particular stage of the incident, what is object of the unlawful assembly is a question of fact and that has to be determined keeping in view the nature of the assembly, the arms carried by the members and the behaviour of the members at or near the scene of incident."


2. Learned counsel appearing for the petitioner submits that the petitionerplaintiff filed a Title Suit bearing no. 148 of 2002 in the court of Munsif, Giridih for declaration of right, title and interest over a piece of land having a kachha house constructed by the plaintiff as well as confirmation of possession.


As noticed above, in the instant case, the court adopted second option and had ordered that it will proceed ex parte against defendant nos. 1 and 2. Thus in the instant case the learned court proceeded ex parte against defendant nos. 1 and 2 and finally passed ex parte decree against them.


9. Apart from the above, there is another releif claimed by the petitioners that the respondents, for the reason unknown, placed below the writ petitioners in the seniority list for which the tentative seniority list was published on 30th November, 2004 and petitioners have submitted their objection against that tentative seniority/gradation list.


The counsel for the petitioner and the counsel for the respondent-Union of India received a letter dated 13.7.2011 of the Union of India, a copy whereof is taken on record and it has been stated in Paragraph2 that there is no report of the misuse of the commercial transaction by the petitioner.


then , under that circumstance , the subject of gossips by the farmers in the middle of the month of November is not only unacceptible but also improbable because of the fact that the normal habit of persons belonging to the village is to sleep quickly and have to get up early .


however , apart from that , within the period of four weeks of valid service of notice , the appellant has to pay a sum of Rs.10,000 / - ( ten thousand rupees ) as a fine in the trial Court , failing which he shall undergo simple imprisonment for one year .


they threatened not to pay the remaining fee , the briefcase of the witness No. 1 was roped away from the briefcase in which Rs . 5000 were , took away Rs . 1 , 000 on the table of the complainant and had thrown the gullible files and the books below .


26- According to the discussions made above , due to the subsequent developments taking place during the pendency of this appeal due to the passage of time in the present case , in my opinion , it would be like to permit a dead horse to continue the case between the parties .


since the plaintiff ’ s elder son , Rajniesh Bharati was required to be employed , a request was made by the plaintiff to vacate the premises by the defendant but the defendant instead of vacating the premises filed a petition under Section 20 of the Act for regularisation of proper rent .


23- On the other hand , in the case of Registrar General , High Court of Madras ( supra ) , the Supreme Court had held that the scope of judicial review in one case of transfer is limited and the High Court would not lightly interfere with the order of transfer .


11- Consequently , this Court does not find any merit in the writ application and the same is dismissed . Hon 'ble Birendra Prasad Verma , J. Ravindra Kumar Singh & Anr . vs . Union of India and others , W.JJC No. 1133 of 2002 decided on 18th January , 2013 .


( C ) The right to pension of the employees of the University shall be accrued by them to their families on attaining the age of superannuation under the University or in the case of their death , and shall include the following : ( i ) monthly pension or marginal gratuity .


in support of the said proposition the learned counsel relies upon a decision of the Supreme Court in the case of M / s J.G. Engineers Pvt. Ltd . Vs . Union of India and another , AIR 2011 SC 2477 , wherein in paragraph 15 it is held as under : —


learned counsel for the respondents submitted that the trial court has recorded a finding that the plaintiffs-respondents are in possession of the property , hence , in view of the judgment in case of Bharat Singh ’ s case ( supra ) , this Court can give recognition to the possjudicial title .


18 . so far as the question of the second judgment , that is , Gauri Shankar and another vs. Joshi , ( supra ) is also the question of Family Trust and others ( supra ) , it will not apply as it relates to playing a fraud with the Court .


therefore , this Court is not at all impressed with the submission of Mr. Alam that as the said expression " on the basis of written examination taken in the school concerned " has not been published in the Manual of publication of Malhotra , it has to be ignored at all .


it was sought to be pleaded that the execution proceedings are different and separate from one suit proceedings and since the transfer in question has taken place at the stage of the execution proceedings , the bar of Order XXI of the Code would not apply to the case of the petitioner .


19- On a perusal of the deposition of PW-8 , it is quite clear that this witness had received only one injury on the head of Laxman Das and the deceased Lakshmana Das was having stitches in the wound of the deceased at the time of post-mortem examination of the dead body .


it was stated that as per the terms of the Mahabond , a sale deed was required to be executed on payment of the balance amount , i.e. , on payment of Rs . 25 , 000 , as a sale deed had already been paid for Rs . 15 , 000 .


18 . learned counsel for the appellant submitted that here the beneficiary Mehtath is not only Mahamaq but has also worked out to Sadhu and staffs as well as to the general public and , therefore , the beneficiary candidate is not a special group but the beneﬁciaries belong to one community .


in the circumstances and in view of the aforesaid submissions raised by the learned counsel for the Views , this Court must first take into consideration the competence and desirability of this Court in deciding such cases , especially in view of the aforementioned judgment of a Division Bench of this Court .


( III ) That the petitioner submits that the pendency of the matter is an abuse of the process of the court and is also an violation of the provisions of the PC Act , besides being malafide and detrimental to the fundamental rights of the petitioner including the right to life .


15- A bare perusal of the aforesaid provisions would make it clear that it was the primary school being run by the District Council , District Board , Municipal Board and Patna Municipal Corporation which was deemed to have been adopted by the State Government with effect from 1st June , 1971 .


the said section is read as follows : “ 79 . appeal before the High Court . — ( 1 ) An appeal shall be filed to the High Court on every such order of the Tribunal , if the High Court is satisfied that the case involves substantial questions of law .


since the disputed property belongs to a nostrils , it to the widow , and admittedly the three daughters of a friend , being sister , were not heir to a nostrils , in 1918 , the right of the property was extended to Anchi Devi after her death in her nostrils .


according to the evidence of the Doctor ( PW-3 ) , he had conducted post mortem examination on the dead body of Munni and found the following ante-mortem injuries : ( i ) Abrasion was found on the mouth and ankles of the nose and on the back side of the nose ;


in the case of such execution cases it is not mandatory to have transferred the same automatically under the provisions of Section 31A and only to be proceeded by the Tribunal , but it is a given liberty to the decree holder to apply to the Tribunal for recovery of the amount .


in the present case , with the effect of Section 3 of the 1985 Ordinance , the assets of the typhoid sugar factory , Motipur , Muzaffarpur had been acquired by the State Government and its assets had vested in the State Government on 21 August 1985 ( the due date ) .


if the State Government had revocation of the power of the District Council under Section 35 of the Naghat Act for the settlement of a public servant , it would only exclude the jurisdiction of the District Council and , thereafter , vest in the special possession of the Public Service Magistrate .


14- There is no application on the facts of the present case of Nand Kishore Prasad ( supra ) relied upon by the respondent as it pertained to the issue of examination of the records by the court if he was not satisfied with the language used in the order of dismissal .


5- Thus , on account of lack of prima facie case , appearing from Annexure-3 , the prosecution submitted appears to be vitiated and on account of this , FIR No. 184 of 2012 relating to the petitioner is hereby quashed , of Buxar Nagar Police Station Case No. 184 of 2012 .


Hon 'ble Akhilesh Chandra , J. in Medserved Singh ( in 264 ) Trilok Narayan Singh @ Tripurbridge Narayan Singh & Ors . ( in 265 ) Versus State of Bihar ( in both ) Criminal Appeal ( J ) Nos. 264 with 245 of 2002 decided on 24th February , 2014 .


5- On behalf of the appellants , it is submitted that the judgment of conviction and sentence recorded by the learned trial court is bad in law as well as on facts because of the fact that the learned court below did not deal with the available loopholes in the prosecution case .


it is submitted that the story of the execution of the TamPublic Prosecutor has been falsified by the unrebutted documents ( Proif Series ) which shows that Abdul Shakoor had sold the properties to other persons , out of which , the Tamka had included the property mentioned in the public sale .


if a witness is shown to be interested in a criminal case or in the ultimate result of a civil suit , and he is shown to be deposing along with a view to influence the final result of the trial , then he may be said to be an interested witness .


12- On the part of the prosecution , rather than considering the evidence available on record , as presented on behalf of the prosecution , there exists any major defect on the record of the lower Court having an adverse effect and hence the same is being admitted for the first time .


during investigation of the above recorded case , he had received an information that some of the accused persons of the case had taken shelter in the house of appellant No. 4 Sukhdev Muni @ Sukhdev Singh Yadav @ doctor Singh Yadav and they were armed with gun and other dangerous weapons .


( para 5 ( c ) 28 - While allowing a Kishori Prasad to improve the qualification , the Bench failed to understand that the benefit of relaxation in qualification has not been given to male candidates by allowing them the said benefit of [ 2008 ( 2 ) PLJR 458 ] .


5- Procedure for obtaining applications . - ( a ) The District Officer approved by the Panchayat , will be called the General Assembly of the Panchayat for employment on contract , on receipt of vacancy against the sanctioned units of Panchayat Education Mitra for different reserved classes and those reserved classes .


8- The selected candidates may be employed by the Gram Panchayat for 11 months on contract within the following conditions , subject to the terms of reservation under the prescribed units approved by the District Magistrate . ( a ) The employment contract shall be on the basis of the employment contract .


Hon 'ble NAVALRAM SINGH and Jitendra Mohan Sharma , JJ . Sheikh Shumud & Ors . ( in 188 ) Sheikh Ismail ( in 223 ) Versus State of Bihar ( in both ) Criminal Appeal ( DB ) Nos. 188 , 223 of 1991 . decided on 25th July , 2014 .


14 . therefore , in view of these very impressive evidences , i.e. , the oral evidence supported by documentary evidences , I find that the market value determined by the Land Acquisition Judge is just and fair and , therefore , the finding of the Land Acquisition Judge is hereby affirmed .


26- It cannot be accepted from the learned counsel appearing on behalf of the appellants that a situation arising at a particular time cannot remain the same and it may not be possible to keep pace with a class - wise or a life - wise changing situation after a few years .


thereafter , on 17.09.1997 , the present petition was filed by Smt . Rama Devi declaring that the land in question , from the acquisition proceedings initiated for the Board , was excluded and the action of the Board to make the pulling down of the house , is wholly without jurisdiction .


he further submits that all the establishments , including the office of the Advocate are bound by the provisions of the Act and , in the absence of any provision for reservation in accordance with Section 4 of the Act , the selection and appointment in question cannot be allowed to continue .


Mr. Vindhyachal Singh , learned counsel stressed that plea by the advocates in the Patna High Court is not restricted under the impugned Rules because according to the learned counsel Mr. Vindhyachal Singh , the impugned Rules is intended to regulate the aspect of practicing law in the Patna High Court only .


hence , I hold that in the impugned judgment the finding of the Court that the suit is barred by the principle of adverse possession is devoid of jurisdiction and will not act as res judicata as between the parties in any subsequent suit or proceeding in respect of the suit property .


the Statutes and the delegated legislation also have a presumption in favour of constitutionality , and it is only in case of a clear violation beyond reasonable doubt of the constitutional provision ( or the substantive law in the matter of a delegated legislation ) that the court should declare it unconstitutional .


here it appears that this witness , after perusal of the post mortem report or after seeing the dead body of his brother , deceased Rajan Kumar , had given a variable evidence that his brother did not have received firearms injuries and he was assaulted with a well — made pistol .


in the case of Prem Thakur ( supra ) , we can at all rely on the expropriation of the Supreme Court that it was a pre-situation that the appellants before us , who were residents of the village , had committed both the murders and had disposed of the dead bodies .


aggrieved by the same , the State of Bihar had filed a revision petition before the Collector - cum - District Settlement Officer , Sukul through Revision Case No. 10 of 2013 ( Anarabad ) , State of Bihar through Amalee , Kishangpur , through Collector vs. Chaglan Sindhi and others ) .


36- On the above aspect of the matter , ( 2006 ) 11 SCC 420 , a report made out in Kailash vs. State of Madhya Pradesh , could be noticed , wherein the Supreme Court has observed as follows : — 21 . the place of injury was on parital area .


it is argued that the demographic report 2001 has been made the basis of the report , but by weakening the relevance of this population report , it has also been accepted in the report that progressive development has taken place in the case of members of Scheduled Castes and Scheduled Tribes .


even at the risk of being perverse I would say that even if the material , such as a confessional statement , cannot be strictly evidence as per the Evidence Act , yet it is a material on which the Court can form an opinion that the accused has committed the crime .


the question , thus , whether it would be necessary for the Court to examine the documents sought to be filed as additional evidence or not would be more satisfying to pronounce the judgment , is to be considered by the courts at the time of hearing of the appeal on merits .


( VI ) On the expiry of a period of one month for the contribution of the characters for the appointment from the aforesaid 2413 candidates , the Committee shall obtain a District wise report of their contribution in the next month and ascertain the position of vacancy remaining in 2413 posts .


there is no dispute that left behind him three sons , including his widow and the husband of the plaintiff , the father - in - law of the plaintiff who had died in joint possession over a portion of the building allotted in the share of the father-in-law of the plaintiff .


22- Subject to the provisions of section 123 of the Bihar Panchayat Raj Act , 2006 , it is the State Election Commission , Bihar , which has the power of superintendence , direction and control over the entire electoral process relating to Panchayats and village courts in the State of Bihar .


on the day of occurrence , he had seen that the accused persons were going away from his house along with the house articles and jeevat as he was aggrieved by the complainant not to act with the complainant in transferring part of his ancestral property in the name of his wife .


7- In Jaki vs. Tiini @ Antony & Ors . , 2014 ( 6 ) SCC 508 , in the matter of trial of a case arising out of a suit , the jurisdiction of the High Court under Articles 226 and 227 of the Constitution of India was examined in detail .


in support of the aforesaid submission , learned counsel placed reliance on the decision of a Single Bench rendered in Birendra Singh Kushavelha vs. State of Bihar & Ors . , reported in 2013 ( 2 ) PLRs 927 ) [ : 2012 ( 4 ) BPLJR 221 ( NHC ) ] .


2- The Governor of Bihar , in the given situation , orders that Shri Ram should be suspended from the taketime effect in the light of the provisions of Rule 9 ( 1 ) ( c ) of the Bihar Government Service ( classification , control and appeal ) Rules , 2005 .


the restriction imposed on the High Court while constituting Article 227 of the Constitution of India , that it may not have the power of superintendence over any judgment of the lower Court , which is otherwise not subject to appeal or revision to the High Court , has been taken away .


if there was no partition then it was the coparcenary property and the devolution of the property by the surviving principles of the husband of the plaintiff No.1 , that is , on the death of Rajman Noiya in the year 1920 , shall take place on the remainder of the coparceners .


however , it is the contention of the respondent State that with regard to the terms of a sale document executed by the petitioner , it came to their knowledge that the land was a major land and the petitioner had a decree of the Trial Court in support of the same .


advocate , M / s Aiza , Mehraj Agharif , J & F Hawk & F Kshad , F . J . & L ; F . App ; Mr . A . K . s . a . , In , P ; M / s & R Governor , applicant .


the first and the alternative , where the principal is absent , is consistent with Section 170 of the Act by substituting the status of the owner and secondly , there is a statutory option notwithstanding the presence of the owner in terms of Section 149 ( 2 ) of the Act .


the setting up of a ' permanent ' Court of Justice ' means the handling of necessary service while the Lok Adalat is an authority vested in the power to decide the case on a compromise other than the necessary service , which also takes place at the bar in its ambit .


( 8 ) In case of disagreement with the report or conclusion of the Board , the Collector shall , after recording the reasons for the dissent , make such inquiries after giving the parties concerned a reasonable opportunity of being heard , as he may consider necessary and on being satisfied that


where the functions are assigned to a Minister and are held by an office bearer employed in the department of the Ministry , there is no delegation to the law because the act or decision of the office of the office bearer is the act or decision of the Minister constitutionally " .


in the circumstances stated hereinabove , the State of Haryana and others vs. Bhajan Lal and others , AIR 1992 SC 604 , is a wholly unconscionable prosecution under one of the illustrations mentioned in the judgment of the Hon ’ ble Apex Court , which is a case of civil dispute .


13- Mr. Arora , learned senior counsel further submitted that no reliable evidence has been produced by the plaintiff , except bare statement of the plaintiff and the witnesses of the plaintiff , but the learned lower Court has recorded a wrong finding by placing the oral evidence in a wrong manner .


6- Having considered the nature of the contention and the arguments submitted , I do not consider it necessary to go into the complicated details of the contention as the contention is limited to the interpretation of Section 6 of the Act and the interpretation of the extent of delegation emanating therefrom .


according to the petitioners , by the time the Peggu gosp had surrendered the land in favour of former intermediaries , there had been a collective division between the former intermediaries , but inadvertently the land in question was shown as a Bihari cow in the division of the land in question .


for the purpose of his selection , the names were asked for from the District Labour Employment Office , Bhagalpur and for attending the interview and passing through a selection process , he was issued an interview sheet which was to take place at any time in the process September , 1985 .


( 3 ) For the purposes of this section , the period of limitation in relation to offences which may be tried together shall be determined with reference to the offence which is punishable with the more severe punishment or , as the case may be , the most severe punishment . "


in the case of M / s . Maidchal Chemicals and Pharma Co . Ltd. vs. M / s Biological E Limited reported in AIR 2000 SC 1869 , it has been held thus : the remedy of both criminal law and Civil Law can be followed in a variety of circumstances .


accordingly , we direct the State Excise authorities to open the seal of the premises of the petitioner ’ s company as well as open the seal of the premises of the premises of the premises of the petitioner so as to effectively use the premises of the petitioner within one week .


24 . the conclusion of the above discussion is that the bar contained in Section 195 ( 1 ) ( b ) ( i ) of the Code does not apply to the case where the forgery of the document was committed before it is produced in the Court of a document .


( 2 ) The recommendation of the European Council on the situation of victim in the criminal law and procedure as per the procedure for criminal justice issued by the European Forum for the services of the victims in 1985 . ( 3 ) In 1996 states the rights of the victims .


it is on the same fact basis that the Supreme Court had laid down that the High Court can exercise its jurisdiction under Section 482 of the Code only when there is a very palpable error by the trial court while framing the charge and / or when the order is perverse .


in case of non-availability of required number of eligible teachers who may possess the degree of Master ' s Degree in Grade IV of Rs . 4600 / - ( Grade Pay of Rs . 4200 / - ) , promotions would be provided to such teachers who would grade the grade .


3- By this review petition , the respondent no . 9 of the Letters Patent Appeal submits that there was a blemished on the Table on record as it was in Letters Patent Appeal that the earlier judgment on the Division Bench of the Government and on this issue was also attached .


27 . therefore , in view of the above , all matters relating to offences under the Act pending in the courts below , whether before cognizance or after cognizance , shall be transferred immediately to a special court established or specified under the Act or to a special court of law .


( 2 ) Notwithstanding anything contained in sub-section ( 1 ) , no petition for nullifying the marriage shall be entertained on the ground mentioned in clause ( a ) of sub-section ( 1 ) on the ground mentioned in clause ( c ) of that sub-section in the case in which —


if any such situation is pointed out by the accused and such documents are actually forwarded to the Court , would it not be the liability of the Court to make available such documents to the accused , irrespective of the fact that they are not marked and exhibited by the prosecution ?


During the first three financial years after the commencement of this Constitution, the same grants, if any, shall be made by the Union and by each State for the benefit of the Anglo-Indian community in respect of education as were made in the financial year ending on the thirty-first day of March, 1948.


(8)  in the case of an individual who is assigned to duties in India in connection with any co-operative technical assistance programmes and projects in accordance with an agreement entered into by the Central Government and the Government of a foreign State (the terms whereof provide for the exemption given by this clause)—


(a)  any remuneration or fee received by him or it, directly or indirectly, out of the funds made available to an international organisation [hereafter referred to in this clause and clause (8B) as the agency] under a technical assistance grant agreement between the agency and the Government of a foreign State ; and


(i)  pension received by an individual who has been in the service of the Central Government or State Government and has been awarded "Param Vir Chakra" or "Maha Vir Chakra" or "Vir Chakra" or such other gallantry award as the Central Government may, by notification in the Official Gazette, specify in this behalf;


(23BBD) any income of the Secretariat of the Asian Organisation of the Supreme Audit Institutions registered as "ASOSAI-SECRETARIAT" under the Societies Registration Act, 1860 (21 of 1860) for ten previous years relevant to the assessment years beginning on the 1st day of April, 2001 and ending on the 31st day of March, 2011;


(ii)  "convertible foreign exchange" means foreign exchange which is for the time being treated by the Reserve Bank of India as convertible foreign exchange for the purposes of the Foreign Exchange Management Act, 1999 (42 of 1999), and any rules made thereunder or any other corresponding law for the time being in force;


(a)  "convertible foreign exchange" means foreign exchange which is for the time being treated by the Reserve Bank of India as convertible foreign exchange for the purposes of the Foreign Exchange Management Act, 1999 (42 of 1999), and any rules made thereunder or any other corresponding law for the time being in force;


(5) The provisions of sub-section (8) and sub-section (10) of section 80-IA shall, so far as may be, apply in relation to the industrial undertaking referred to in this section as they apply for the purposes of the industrial undertaking referred to in section 80-IA or section 80-IB, as the case may be.


(i) an individual who transfers otherwise than for adequate consideration any house property to his or her spouse, not being a transfer in connection with an agreement to live apart, or to a minor child not being a married daughter, shall be deemed to be the owner of the house property so transferred;


Explanation.—For the removal of doubts, it is hereby declared that the amount paid on account of the cost of repairs referred to in sub-clause (i), and the amount paid on account of current repairs referred to in sub-clause (ii), of clause (a), shall not include any expenditure in the nature of capital expenditure.


Provided further that for the relevant assessment years com-mencing on or after the 1st day of April, 2003 and ending before the 1st day of April, 2005, the provisions of the first proviso shall have effect as if for the words "five per cent", the words "ten per cent" had been substituted :


(c)  any sums paid by the assessee, being a company, in the previous year as donations to the Indian Olympic Association or to any other association or institution established in India, as the Central Government may, having regard to the prescribed guidelines, by notification in the Official Gazette, specify in this behalf for—


Provided that where, in the opinion of the Assessing Officer, the computation of the profits and gains of the industrial undertaking or the business of the hotel in the manner hereinbefore specified presents exceptional difficulties, the Assessing Officer may compute such profits and gains on such reasonable basis as he may deem fit.


(1) Where the defendant has been allowed a set-off 1[or counter-claim] against the claim of the plaintiff, the decree shall state what amount is due to the plaintiff and what amount is due to the defendant, and shall be for the recovery of any sum which appears to be due to either party.


(1) The [High Court] may, by notification in the Official Gazette, direct with respect to any Judge specified in the notification, or falling under a description set forth therein, that evidence in cases in which an appeal is allowed shall be taken down by him in the English language and in manner prescribed.


The Hon'ble High Court of Delhi vide order dated 21.09.2017 passed in C.P. No. 222/2015 appointed the Official liquidator as the provisional liquidator of the company and directed the Official Liquidator to publish the advertisement of petition. The next date of hearing in the said petition is fixed for 18.07.2018 at 10:30 AM.


In that situation there was no need for lodging a fresh FIR because recovery of the said “Maruti Van" in the alleged accident was also the subject matter of investigation of the previous case and hence the institution of fresh case against the owner of the vehicle for the same cause was unwarranted.


15- On a perusal of the evidence available on record , it is apparent that the alleged occurrence had taken place on the land measuring 35 acres of decimals , bearing Plot No. 4303 , situated at Village Goas Nagar , Police Station , Saadpur , District Sitharhi , bearing Khata bearing No.906 .


5- Before considering the evidence adduced on behalf of the applicant , this Court shall record that in both the affidavits filed on behalf of the daughters Smt . Smriti Singh and Smt . Pirthi Singh , they have clearly stated that the applicant is their brother and the testator was their father .


it is not a case where the top functionaries of the police were in any way involved in the commission of offences , etc . , as was the case before the Supreme Court in the case of State of West Bengal or Babuuddin Sheikh or the State of Punjab ( supra ) .


when there is a judgment of acquittal , there is force in this presumption and in the aforesaid background , it has been a relevant judicial decision that in the event of two views being possible from the evidence on record , the view taken in favour of the accused should be accepted .


so far as the material question framed of law is concerned , it may be mentioned here that from the judgment of the original court as well as the appellate court , I do not find that any title has been declared in favour of the defendant or in favour of the plaintiff .


20 . the fee of hearing be paid to Mr. Jitender Narayan Sinha , learned Amicus Curiae , by the Patna High Court Legal Services Committee who has examined the appellants in the appeal on behalf of Munshi Prem Chand Singh and Gopal Singh in Criminal Appeal ( J ) No.247 of 1995 .


12- In the case of Hero Vinod ( Mina ) vs. Sesamal ( 2006 ) 5 SCC 545 , the Supreme Court had held that the use of the document involving the statutory effect of the terms of a document or application of any principle of law is a material question of law .


it is true that at the time of the charge , the only requirement is to see whether a prima facie case is made out or not , but also , on the basis of the material on record , the court is satisfied that the prosecution has been started with mala fide .


9- It is also not clear from the evidence of the prosecution witnesses as to how the seized prohibited material was kept in the column of police station during the period from 06.04.2009 to 20.05.2009 , as to how the same was dealt with with with in the column of the police station .


when put in different words , the Civil Court provides the provisions of the Act and the Judicial Officer , who is not a district regenerate , has the jurisdiction to grant probate or letters of administration in the matter in dispute , who may be absent to him under the Succession Act .


( I ) After the instalment of the bid / tender amount or the payment of the sum of money set out for 7 years , a stone terminal licence will be renewed for use of the crew up to the credit of Rs . 5 , 000 each year for 13 years .


2- It is not in dispute that when the petitioner was in service , he came to know of the disease of Renal Cell Carinoma , as a result of which he was treated in the Military Hospital at Pune and , thereafter , he was shifted to the Military Hospital at Pune .


it is in these special circumstances , where a remedy is provided under the provisions of Order 9 Rule 13 of the Code , the Apex Court held that the power exercised under Section 151 of the Code was not in accordance with law because specific remedy was available to the concerned party .


in the present case , the doubt on behalf of the University is in conflict with the well established principles of law reiterated by the Court from time to time , despite which the statutory authority and bodies continue to lift the same representatives and countless times have been discarded by the Court .


it is submitted by learned counsel for the respondents that the petitioner was a responsible office bearer of the respondent bank working as Assistant Branch Manager and the items of charges in respect of financial irregularity have been found proved by the Inquiry Officer on examination of the materials submitted by the parties .


( III ) That the petitioners submit that the pendency of the matter is an abuse of the process of the court and is also an violation of the provisions of the PC Act , apart from being malevolent and detrimental to the fundamental rights of the petitioner including the right to life .


5- The document produced is a formal FIR Ext.A , which is the handwriting of PW-6 on a post mortem report , Ext . 2 to 2 / 5 on the bed head ticket and the signature is Ex . 3 , there is a fardbeyan , Ext.4 , formal first information report .


in cross-examination , he states that nobody from the neighbourhood except him had gone to the place of incident , which again makes all the completely believers , as it has been stated in the FIR itself that there were some neighbours including this witness who had gone to the place of occurrence .


therefore , in my opinion , considering the plea and admission of the defendants that it is only 17 ft. and 12 feet , it is not desirable to remand the matter for consideration in this regard as to whether the need of the plaintiff by partial expulsion would be fulfilled or not .


so far as the other decision , viz . , AIR 1991 PC 183 ( the question of Mst . Saahmad vs. Mohesuddin ) appears to be that in that case the gift deed was in lieu of mehr loan , hence it is held that the gift deed is a void document .


plaintiff No.2 , Mohd . Raza Khan and PW-6 have also admitted in their deposition in para 34 that the suit land is not mentioned in the judgment of the High Court of Judicature at Calcutta in Suit No. 01 / 1890 and also in the judgment of Hon 'ble Calcutta High Court .


it is not on the issue that the party to the agreement was a General Manager of the project , as is evident from the award contained in Appendix II , the miscellaneous matters and the impugned order passed in the case under Section 34 of the Act on the Appendix 4 series .


14 . in view of this position of law laid down by the Division Bench , Vatika and Bathwadi , in my opinion , also included in the definition of ' land ' as defined under Section 2 ( 9 ) of the Bihar Jote Consolidation and Prevention of Fragmentation Act , 1956 .


the main strength of the submission of the learned counsel was on paras 16 , 19 and 21 of the latter judgment , which are in the following terms : — 16 . the privilege of mandamus is bound only to public authorities to compel the execution of a writ of public liability .


this witness has also stated in paragraphs 9 and 10 of his cross-examination that his son Ram entrance used to go to the residence of the matrimonial house of Bidti at the intervals of three to four days and one day prior to his death , Ram entry was taken to his in-laws .


there was no gate at the main entrance and on entering the house , there were two rooms in the forecourt and the courtyard , there were pieces of wood in the northern room and there was a bamboo door in the southern room in which Jagnatha used to live with his wife .


it is further submitted that the case of the prosecution has been disbelieved primarily on the ground that there is double writing on the relevant portion in the fardbeyan which indicates that there is a projection at the time of recording of the fardbeyan as well as at the time of the incident .


the Tribunal , on a careful reading of the records and after hearing the parties , had agreed with the view taken by the Block Development Officer that due to complete unwarranted and unconstitutional process adopted by the Selection Committee , the entire selection process implemented by the respondents was vitiated in law .


the learned trial court had arrived at a specific finding that the plaintiff had failed to prove his possession and title over the suit property and apart , even the oral and documentary evidence produced by the defendants , belies the claim of the plaintiff 's title and possession to the suit property .


20- In the impugned advertisement , the clause regarding the actual occurrence of driving of a vehicle , more or less , is in consonance with the Government Rules whereas a driving licence of both the light motor vehicle and the heavy motor vehicle is required as per the guidelines of the ICRA .


in order to release these teachers till 30 . 9 . 2007 , the decision of the Central Government was communicated to the Principal Secretary , Department of Health on 22 . 8 . 2007 by the Department of Home Affairs , Government of Bihar , otherwise would be deemed to be void .


according to him , in June 2009 , he had learnt that the Committee had already submitted its report , but in good faith , he had waited for the implementation of the said report for one and a half year before treating the present contempt petition together with the appropriate writ petition .


in the said affidavit , it is also clearly stated that in terms of the decision of the Government dated 08.07.2013 , relating to relaxation of age to candidates in the above age , appropriate steps in regard to the same shall be taken in the light of the decision of this Court .


in this regard , the petitioners have placed reliance on the past practice in connection with appointment to the post of pharmacist at the district level , where only 20 per cent marks for oral interview were fixed and the remaining marks were granted on the basis of academic performance of the candidates .


88 . on the other hand , Mr. Verma , learned counsel for the writ petitioner submitted that there will be no question of vesting of jurisdiction by this Court to the District Magistrate , as the District Magistrate was required to act in accordance with the law as established by this Court .


14- So far as the maintainability of the second FIR is the question of maintainability , in view of the liberty conferred by this Court in the earlier round of proceedings in Criminal Miscellaneous No. 13966 of 2012 , of which a copy is placed on Annexure I , the property is misconceived .


Hon 'ble Dharanidhar Jha and Amresh Kumar Lal , JJ . Ashok Doms , ( in 129 ) , Ganesh Dom and another ( in 155 ) Versus State of Bihar ( in both ) Criminal Appeal ( DB ) Nos. 129 to 155 of 1991 . decided on 17th July , 2014 .


be it noted that the draft which learned counsel for the petitioner Mr. P.C. Agarwal who has brought before this Court should be returned to them so that he may , subject to the leave of the Court , submit the draft to the advocate of the opposition no.2 in the lower court .


since there was no distinction between the date of the commission of the offence and / or the small quantity and the commercial quantity on the date of conviction , the question of granting lesser punishment because of the provisions of the Amending Act , in our considered opinion , would not arise .


the learned Inspection Judge had allegedly directed the same to be examined and on the basis of the report received from the Special Duty Officer and Registrar ( Vigilance ) , the matter was directed to be placed before the Standing Committee on the directions issued by the then Hon 'ble Chief Justice .


it is further the case that the cap of Mueshwar Masuri fell down on the spot when he was still running at the scene of occurrence , which was still at the place of occurrence and that in the light of the lanterns and torch , the informant-in-law had identified the accused persons .


122 . we reiterate that the essential factors such as the upper limit of 50 per cent , the concept and backwardness of the sports category , the inadequacy of representation and the overall administrative efficiency , are constitutional requirements without which the structure of opportunity for equality in Article 16 shall ensue .


as a result , the power of superintendence vested in the High Court has not been extended , but it is also an instrument to ensure that the Court acts within its jurisdiction in accordance with the established procedure of law in order to have faith in the judicial system of the people .


if the answer to this question is in the affirmative , it may be said that such act was committed by the public servant while acting in the discharge of his official duty and there was a complete connection between the act complained of and the official duty of the public servant . "


5- considering the fact that the appellant is admittedly found to be unworthy of review by the Medical Board , we are of the opinion that the decision of the respondents to not recruit the appellant in the facts and circumstances of the present case cannot be said to be illegal or inappropriate .


7- Having heard the parties , this Court disposes of the same by permitting the petitioner to invoke the remedy referred to in law and order of the Tribunal ( Annexure 4 ) in paragraph 12 of the Order of the Tribunal , rejecting the relief sought to be urged in the application .


learned counsel , however , ignored the fact that the chief evidence of all the doctors is that the injuries as understood in question could be caused by the keys of the revolver and causing it to be caused by a sharp end weapon would cause a incised wound like a incised wound .


thereafter , Dr. Kim Hussain had married Sama Khatun and out of the aforesaid marriage , he was also blessed with five sons and a daughter who is also Saima Hussain , Kasim Hussain , Abid Hussain , Zahid Hussain , Nasjra Hussain , Taslim , Taslim . ( all the plaintiffs ) .


since as per the first information report , the incident had occurred in the shop of the informator , but the witnesses claim that the incident was occurred in the south of the courtyard of the plain , which is at a distance of about 25 yards in the north of the shop .


the standard of examination and the judgment of the examination , which is ultimately to be applied , before recording the finding as regards guilt or otherwise of the accused , is not to be applied exactly at the stage of deciding the case under Section 227 or Section 228 of the Code .


on the other hand , most of the cases referred to earlier herein were reversed on account of the peculiar facts and circumstances of those cases either because the recipient had retired or had retired or was on the verge of retirement or placed down in the lower ranks in the administrative hierarchy .


their Lordships of the Hon ’ ble Eakwal Ahmed Ansari and Samarendra Pratap Singh , JJ . Ram Avtar Rai & Ors . ( in both ) Versus State of Bihar ( in both ) Criminal Appeal ( DB ) Nos. 451 , 527 of 1993 . decided on 21ST May , 2015 .


as per the scheme of the provisions of Sections 154 , 155 , 156 , 157 , 162 , 169 , 170 and 173 of the Code , only the earliest or the first information in regard to the commission of a cognizable offence satisfies the requirements of Section 154 of the Code .


no doubt , there is a case of the complainant that it was a case of the deceased being caught and chosen for ill-treatment and he was beaten by a police constable at the very instance and at their instance at the police station in charge of the appellant and Fulabazar police station .


in support of his above argument , he has placed reliance on the judgment of the Hon ’ ble Supreme Court in the case of Bhagwan Das and others vs. State of U.P. and others [ ( 2010 ) 3 SCC 545 ] , particularly paras 19 , 28 , 30 and 36 .


in such circumstances , when this witness did not provide a detailed description of the police at the earliest opportunity and on such crucial point , the guilt of the Investigating Officer , at such crucial point , has caused loss to the appellant , we shall decide the same against the prosecution .


it is the case of the petitioner that after submission of the final report , the learned Magistrate took cognizance of the offences under Sections 363 , 366-A / 34 of the Indian Penal Code , keeping in conflict with the police report and the matter was sent to the Court of Session .


89 . 01 . the submission is that though there is a right to provide punishment to the legislature for violation of the provisions of the rules made by the legislature , the procedure and punishments are fair and not very harsh as it would be violative of Article 21 of the Constitution .


moreover , the existence of a “ responding case ” and the absence of one another of the parties to the same would not come within the ambit of the principle as laid down under the aforesaid passage as these are unrebutted documents with the fact that the findings are yet to come .


on both these issues , the Trial Court as well as the Appellate Court have recorded concurrent findings that the plaintiff has failed to establish any default in payment of rent by the defendant , to the bona fide and reasonable personal needs of the suit accommodation and also to the claimed compensation .


it is the case of the plaintiff that after the death of her father-in-law , there was a partition between their descendants and in the said partition , the mother-in-law of the plaintiff was allotted a western part of the building and the eastern part was allotted to the husband of the plaintiff .


the report of the Protection Officer also indicates that the house in question is recorded in the name of the opponent no . 2 and the Protection Officer while recording the statement of the petitioner has recorded that the petitioner is not inclined to allow the informant to stay in the said house .


5- Mr. Mishra , learned counsel appearing on behalf of the appellant , submitted that the learned Single Judge should not have entertained the writ application filed by the head of the Gram Panchayat , as he could not be said to be a party aggrieved by the order of the learned Tribunal .


during the cross-examination , amongst others , in paragraph 4 , the appellant had cross-examined this witness on the pattern of occurrence which he had at length told that at the time of the incident , she was a child , hence , he did not remember a version , but was bleeding .


from the role of the Rules of 2010 and the provisions contained therein , it is apparent that the only object of framing the Rules of 2010 under the proviso to Article 309 of the Constitution of India was to fill the said 34 , 540 posts as a tool for one time .


thus , subject to verification by the respondents , no further liability of tax on the same was left to be discharged by Hon 'ble Rakesh Kumar , J. Shindesh Kumar Karan vs. State of Bihar and others CJ . C . No. 452 of 2011 . decided on 11th January , 2016 .


( a ) that a person is an antisocial element , and ( b ) ( i ) his movements or acts in the district or in any part of the district are causing or refer to the persons or property to cause alarm , danger or damage to persons or property ; or


the grievance of the writ petitioner , who is the only private respondent herein , was that he had applied to the Bihar School Examination Committee ( for short ‘ the Committee ’ ) for rectification of the date of his birth as recorded in the capillary certificate , which has been denied .


( IV ) Where death results as a result of such failure or contravention , it shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and also with fine which shall not be less than ten lakh rupees .


Hon 'ble Anjana Prakash and Rajendra Kumar Mishra , JJ . Malda Devi and others ( in 439 ) , Bijay Kumar Sinha ( in 436 ) Versus State of Bihar ( in both ) Criminal Appeal ( DB ) Nos. 439 with 436 of 2002 . decided on 4th July , 2016 .


below the skin , emphyscan be an emphysema , if the lungs are also torn with limerry pleura and show a specific seal of air on the face , neck and vessels of the chest , and can also be seen in cutting or tear of the linked trachea of the infected Mediatinus .


the father and husband of the owner of the vehicle does not fall within the ambit of the post within Section 147 of the Motor Vehicles Act , the insurer would be liable to cover all the risk of a third party and not of others who would otherwise fall within her ambit .


4- The facts , as appearing from the record , show that in a festival under the Societies Registration Act , 1860 and the Rules framed thereunder , the petitioner organization was , at any time in the year 1971 ( 4 ) BLJ International Social Service Organisation , 2017 ( 4 ) .


7- Reading the provisions providing for a specified mode of promotion from the Reader to the post of a Professor will show that in the matter of promotion from the Reader , the carry on of the post of Professor has been amply rewarded with the concept of a time bound promotion scheme .


28- apparently , the judgment of the Trial Court has gone in favour of this petitioner-appellant because of the intervening circumstances , where the appellant would have probably influenced the witnesses and the family of the victim , who are all co— rural , and as usually accompanied by the passage of time .


that apart , in my opinion , there was no need for that person to be added as a party to the suit of money , who had thus rendered the opposite party no.1 disabled , as the claim of opposite party No. 1 is only for the recovery of the consideration amount .


11- In the instant case , right from the complaint petition , it is apparent that after negotiating the deal with petitioner no . 2 , ten lakhs rupees have been transferred by the complainant to the account of petitioner no . 1 , which fact has been accepted by the petitioners also .


17 . we are of the opinion that an appeal shall lie before the High Court against any order recorded by the Special Court granting bail or refusing bail in terms of Section 14-A ( 2 ) of the Act or the Special Court , or the Supreme Court within , on 26.01.2016 .


Hon ’ ble Rajendra Menon , Chief Justice and Sudhir Singh , J. Hon ’ ble Dr. Rajendra Prasad Milk Producers Co - operative Union Limited and another Vs . State of Bihar and others LPA No. 386 of 2016 AIR 2016 SC 1028 of 2005 . decided on 20th March , 2017 .


39. Powers, privileges and immunities of the Legislative Assembly and of the members and the committees thereof, and, if there is a Legislative Council, of that Council and of the members and the committees thereof; enforcement of attendance of persons for giving evidence or producing documents before committees of the Legislature of the State.


(3) A nominated member of a House shall be disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article 188.


Provided that where the question which has arisen is as to whether the Chairman or the Speaker of a House has become subject to such disqualification, the question shall be referred for the decision of such member of the House as the House may elect in this behalf and his decision shall be final.


(b) directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National Flag, the Indian National Anthem and this Constitution;


(ii)  in the case of any other concern, if such person is entitled, or such person and one or more of the other persons referred to in sub-section (3) are entitled in the aggregate, at any time during the previous year, to not less than twenty per cent of the profits of such concern.


(iii) a member of a co-operative society, company or other association of persons to whom a building or part thereof is allotted or leased under a house building scheme of the society, company or association, as the case may be, shall be deemed to be the owner of that building or part thereof ;


Provided that where such assessee is a firm, or any association of persons or any body of individuals, the deduction under this section shall not be allowed in the computation of the income of any partner, or as the case may be, any member of such firm, association of persons or body of individuals:


Provided that the provisions of this sub-section shall not apply in the case of an assessee being an Indian company, in respect of any machinery or plant installed by it in premises used by it as a hotel, where the hotel is for the time being approved in this behalf by the Central Government.


(4) Notwithstanding anything contained in sub-section (3), where any amount standing to the credit of the assessee in the special account or in the Deposit Account is released during any previous year by the National Bank or withdrawn by the assessee from the Deposit Account, and such amount is utilised for the purchase of—


33ABA. (1) Where an assessee is carrying on business consisting of the prospecting for, or extraction or production of, petroleum or natural gas or both in India and in relation to which the Central Government has entered into an agreement with such assessee for such business, has before the end of the previous year—


Provided that the research association, university, college or other institution referred to in clause (ii) or clause (iii) shall make an application in the prescribed form and manner to the Central Government for the purpose of grant of approval, or continuance thereof, under clause (ii) or, as the case may be, clause (iii) :


Provided 54[further] that this section shall not apply to the person, who derives income of the nature referred to in section 44B or section 44BBA, on and from the 1st day of April, 1985 or, as the case may be, the date on which the relevant section came into force, whichever is later :


Provided that where there is no trading in such asset on such exchange on the 31st day of January, 2018, the highest price of such asset on such exchange on a date immediately preceding the 31st day of January, 2018 when such asset was traded on such exchange shall be the fair market value;


Provided that, if in any case any amount borrowed on a hundi has been deemed under the provisions of this section to be the income of any person, such person shall not be liable to be assessed again in respect of such amount under the provisions of this section on repayment of such amount.


(2) Where any amount standing to the credit of the assessee in a fund, referred to in sub-section (1) in respect of which a deduction has been allowed under sub-section (1), together with the interest or bonus accrued or credited to the assessee's account, if any, is received by the assessee or his nominee—


(i)  in respect of the goods or merchandise manufactured or processed by the assessee, be the amount which bears to the adjusted profits of the business, the same proportion as the adjusted export turnover in respect of such goods bears to the adjusted total turnover of the business carried on by the assessee; and


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


80P. (1) Where, in the case of an assessee being a co-operative society, the gross total income includes any income referred to in sub-section (2), there shall be deducted, in accordance with and subject to the provisions of this section, the sums specified in sub-section (2), in computing the total income of the assessee.


(1) Where any question put to a witness is objected to by a party or his pleader in proceedings before a Commissioner appointed under this Order, the Commissioner shall take down the question, the answer, the objections and the name of the party or, as the case may be, the pleader so objecting :


(a) The bio-medical waste disposal in the Eco-sensitive Zone shall be carried out in accordance with the BioMedical Waste Management Rules, 2016 published by the Government of India in the Ministry of Environment, Forest and Climate Change vide Notification Number GSR 343 (E), dated the 28th March, 2016 as amended from time to time.


Interpretation by the JET that it will have the control over the management is absolutely wrong since the management is the sole authority to take decision in the affairs of the Institution including enhancement of fees etc. and, therefore, in my view, the hike in fees is also an exclusive domain of the management.