sub-section ( 4 ) of Section 4 of the 2009 Act is held to be arbitrary and to the extent ultra vires and unconstitutional to the extent that Article 14 of the Constitution .


according to the same document of the appellant , it is clear that on the day of the accident , the vehicle was not owned by the transferee , namely , Lakhendra Rai .

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 reservation provided in the Constitution of the societies for co - operatives is nothing but a unwarranted and illegal interference by the State Government in the management of co - operative societies .


13- In such a situation , we do not find it safe to rely on disclosure of identification or identification by the witnesses with regard to the involvement of the appellants as aforesaid .


it is , therefore , required that both the parties would cooperate in the settlement of suits , preferably within six months , as early as possible from the date of this order .


learned counsel for both the parties have agreed that the parties concerned will extend their full cooperation in the disposal of the appeal to the lower court within the said period of time .


all this is in the name of Tewari Devi , i . e . , the name of mother of defendant Nos. 3 to 5 or defendant No. 1 , 2 or 3 .


the name of the late Ram Bahadur Thapa be treated as having been expunged from the title of the suit and the name of his legal heir Shrawan Kumar Thapa may be substituted .


I am afraid the submission of the learned counsel appearing on behalf of the petitioners is not only misconceived but is contrary to the judicial decisions of the Hon ’ ble Supreme Court .


Hon 'ble Ajay Kumar Tripathi , J. Rajiv Ranjan & Ors . Vs . State of Bihar & Ors . , CWJJC No. 1713 of 2014 . decided on 18th March , 2015 .


the evidence of the prosecution witnesses in the Court is contrary to the allegations made in the first information report and the statements made under Section 161 of the Code of Criminal Procedure .


that very moment , one Dharam Singh , Jamba Singh , Ram Bahadur Sharma , Indra Mohan Sharma and his wife ( wife of the deceased ) , Prem Nandan Sharma were present .


the average annual production of maize in the acquired land is five per capita production of maize , 15 per head per group of potato , seven hundred rupees per katta of Kuala .


it is possible that because of the mistake of the counsel , the witnesses of the appellant have not referred to the religious rituals which have been performed at the time of marriage .


title suit No.7 of 1995 , filed by him in respect of that land on the previous occasion , was the appointment of Mr. Brahma Dev Narain Choudhary , consequent upon the Arbitrator .


therefore , the Notification issued was in conflict with the notified policy of the State Government and was in conflict with the guidelines provided therein and will , therefore , be ultra vires .


it was submitted that firstly , the discretion of the Court to grant the lesser punishment , depending upon the circumstances in derogation , wholly takes away from the discretion of the court .


on taking the load of 186 packets of Ganda , the weight was found to be 2930 kg with a value of Rs . 1 , 02 , 55 , 000 / - .


( I ) Whether the impugned judgment of the learned lower Appellate Court and the decree is violative of the specific provision of Order XLI Rule 31 of the Code of Criminal Procedure .


now , therefore , in view of this proposition , in the instant case , we have noticed above that the facts are fully fit in with the facts of the above judgments .


reference may be made to the judgment of the Hon ’ ble Supreme Court in the case of Ram Swaroop Gupta vs. Bishna Narayan Inter College and others , AIR 1987 SC 1242 .


moreover , the statement of the informant that he was an eye witness to the extent of seeing the incident is highly doubtful as the incident had taken place late in the night .


provided that if any objection is raised at the time of the record of evidence before the Commissioner , it shall be recorded and decided by the Court at the time of arguments .


in their possession , the brave and gallant will - be in possession of T . t . Minto , T . p . will be admitted into possession , the loyalist aspirant .


the basic fact of the case of the appellant is that there has been violation of the term of the contract of insurance as the vehicle was being driven by a non-licencee driver .


25- Having regard to the facts of the present case , this Court is of the opinion that essentially there is a contract between the Insurance Company and the owner of the vehicle .


Hon 'ble Jyoti Sharan , J. Pinki Kumari vs. State of Bihar and Ors . [ J . C . No. 3899 of 2016 ] . decided on 1st Sist March , 2016 .


he submits that the medical profession has been placed at a different pedestal than the ‘ sima ’ persons for the purpose of criminal prosecution against them in connection with their professional conduct .


( 4 ) The test to hold the medical negligence as laid down in the case of Bolam [ 1957 ] 1 [ WLR 582 ] became effective in its application in India .


the District Programme Officer ( Establishment ) , Gopalganj , shall complete the entire process within a period of three months from the date of receipt / submission of copy of this order .


in fact , the document is a manufactured and created document on which no reliance could be placed by the trial court , thus , the judgment of the trial court is vitiated .


while the written statement of defendant No. 4 to some extent is similar to Sumitra Devi ' s statement and to some extent to the written statement of defendant Nos. 1 and 7 .


Hon 'ble Hemant Kumar Srivastava , J. Bibi Sayeda Khatun & Ors . Versus State of Bihar & Ors . , W.JC No. 2268 of 2009 . decided on 11th October , 2017 .


the investigation officer of the case has not been examined by the prosecution and the investigation officer does not prove the place of occurrence on account of his examination of the office bearer .


therefore , it is apparent from the aforesaid fact that according to the case of opposite party No. 1 , the sale deed executed in his favour was not from the very beginning .


the appellant , namely , Bachchu Prasad , Chhaviela Prasad Yadav and Mr. Rai , were the three writ petitioners and they claim to be a share - cropper ( lower ryots ) .


persistent demands are made so long as the wife resides in her husband ’ s house or in her father ’ s house , there will be a continuing cruelty to the wife .


during cross-examination , he had stated that when they were going for attend the call of nature , they had seen Ram Pravesh Singh on his way to attend the call of nature .


advocate . - Mr / s Anand Karigare Omjhaa , K . a . , Form A & P - 11 ; Mr . N . J . Garhna , send for resignation .


28 . in my considered opinion , the case of the petitioner is wholly covered by the judgment of the Supreme Court in the case of Anil Kumar and others ( supra ) .


(6) Every special order made by the State Government under the proviso to clause (5) shall be laid, as soon as may be after it is made, before both Houses of the State Legislature.


5. Local Government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-Government or village administration.


(2) in clause (5), for the words “or for the protection of the interests of any Scheduled Tribes”, the words “or in the interests of the security of the State” shall be substituted; and


(j) Article 150.—For “as the President may, on the advice of the Comptroller and Auditor-General of India, prescribe” substitute “as the Comptroller and Auditor-General of India may, with the approval of the President prescribe”.


Provided that if the fund has been established or incorporated in the previous year, the corpus of fund shall not be less than one hundred crore rupees at the end of such previous year:


(a) where the agreement relates to a matter included in the industrial policy, for the time being in force, of the Government of India, such agreement is in accordance with that policy ; and


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


(a)  the transaction of sale of such equity share or unit is entered into on or after the date on which Chapter VII of the Finance (No. 2) Act, 2004 comes into force; and


11. (1) Subject to the provisions of sections 60 to 63, the following income shall not be included in the total income of the previous year of the person in receipt of the income—


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


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


(viib)  any transfer of a capital asset, being a Government Security carrying a periodic payment of interest, made outside India through an intermediary dealing in settlement of securities, by a non-resident to another non-resident.


(a)  if the cost of the new asset is not less than the net consideration in respect of the original asset, the whole of such capital gain shall not be charged under section 45;


(a)  if the cost of the specified securities is not less than the net consideration in respect of the original asset, the whole of such capital gain shall not be charged under section 45;


(a) where such loss or unabsorbed depreciation is directly relatable to the undertakings transferred to the resulting company, be allowed to be carried forward and set off in the hands of the resulting company;


(b)  the whole of the amount paid on account of medical expenditure incurred on the health of any member of the Hindu undivided family as does not exceed in the aggregate 28[thirty] thousand rupees:


(2) If at the time of filing a petition, the petitioner is a minor, the petition may be filed through his or her guardian or next friend along with the Child Marriage Prohibition Officer.


According to Fraud Recovery, on 23-8-2011 I SHO Gyanendra Mai Hamrahi HCCP 205 Ramraj Singh K. 284 Vijay Kumar May, Driver of Government Jeep No.U.P. 70 AG-10198 No. Funnel report No. 32 at 11.40


It was submitted that the present FIR which is the basis of the report for prosecution of the petitioner and others, has got no legs to stand and is fit to be set aside.


5. Having heard learned counsel for the parties and looking to the facts of the case, it appears that the proposed amendment in the written statement will not change the nature of the suit.


23 . in my opinion , the admission of Nandoo , to which the accused picked up the property , would not , in my opinion , materially affect the case of the prosecution .


so far as the question of Shri Raghuvansh 2013 ( 1 ) BLJ & amp ; Bhubaneswar Prasad Singh is concerned , they were the permanent employees of the Bihar State Cooperative Marketing Federation .


Hon 'ble Virendra Prasad Verma , J. Hon 'ble Anita Devi & Ors. vs. State of Bihar & Ors . , Criminal Revision No. 863 of 2009 . decided on 19th October , 2012 .


the actual age of the insured on the date of the proposal was 54 years but in the offer form and the personal statement he had unfalsely stated his age to be 40 years .


the Supreme Court held that the regular cadre of the prosecution officials was constituted at the lowest level consisting of the services of the Assistant Public Prosecutor and the Public Prosecutor at the top .


criminal liability can only be imposed upon those who were in charge of , and were responsible for , the conduct of the business of the company at the time the offence was committed .


it is for this reason that the trial court had come to the considered opinion that the Will appears to be manufactured and code from which no benefit can be derived by the claimants .


in the course of the dacoity , he identified the appellant and some others in the light of the lanterns as well as in the light of the torch lights shining by the dacoits .


it is apparent from the facts brought on record that this is not the case where the District Council has failed to hand over the possession of the land in question to the petitioner .


3- The case is based on the statement of the brother-in-law of the deceased Rano Devi , who has made her statement in village Damdih , where the deceased and the informant both live .


the age of the deceased was stated to be 60 years , 2013 ( 3 ) BLJ & JLJ 50 , which was said to be carrying on the business of milk and curds .


11- Before referring to the findings of the Trial Court , it would be appropriate to refer to a series of events that brought out the outcome of the ex-pane trial of the suit .


the alleged motive of the commission of the crime was the incident of cutting sugarcane crop a few days prior to the incident and snatching the wrist watch of the deceased Yamuna Mahto Mahto .


14 . in our opinion , on the facts recorded above , it is not understood as to why the appellant Mahesh Singh would commit such an offence or be a party to it .


Hon ’ ble Mengeshwar Sahu , J. Hon ’ ble Mr. Justice Umesh Singh & Ors . vs Smt . Jayavathi Devi & Ors . , 1989 . decided on 17th July , 2014 .


moreover , in the said partition alleged to have been alleged by the plaintiff , no piece of land belonging to any block would have been assigned to Sheikh Asmat without a registered document .


in a criminal case under Section 498-A of IPC , the recording of the document as well as the consequential order of cognizance are indicative of the negligence on the part of the petitioner .


first of all , it is not probable that at twelve o ' clock in the night , a person will suddenly become aware of the world that he is able to identify himself .


Hon ’ ble Mengeshwar Sahu , J. Hon ’ ble Jai Prakash and Others Vs . Raj Kumar Prasad & Ors . , AIR 1981 SC 308 . decided on 3rd November , 2013 .


35- However , in the facts and circumstances of the case , we consider it inappropriate to direct the release of the appellants from detention during the pendency of the trial , pending custody .


thus , he claimed that in the Revision Survey Khatiyan , the concerned land , which was in the share of the branch of the appellant , was the name of Raja Ram Singh .


6- We note here that as per law for the time being in force , it was not obligatory on the part of the disciplinary authority to report the Inquiry Officer to the delinquent .


advocate , G - Mr . V . eye , App . App . App . , P . O . , G . O . , S . C . Mismson , Financial Services


Hon 'ble Dr. Ravi Ranjan , J. Shiv Kumar Gupta & Ors . Vs . State of Bihar & Ors . , CWJC No. 643 of 2007 . decided on 30th April , 2012 .


the order of this Court , however , directs the civil authorities , 2014 ( 2 ) BLJ and police authorities to assist the municipal authorities in the operation of the bye - laws .


Hon 'ble NAVALRAM Singh , J. M / s valuable Holmes Ltd . Vs . Patna Municipal Corporation & Ors . , W.JJC No. 24376 of 2013 . decided on 11th December , 2013 .


in the case of Suresh Pal , from the Hon 'ble High Court , it has been held that the degree obtained by the institution before being dishonoured cannot be held to be illegal .


21 . now , the name of the only deceased appellant shall be removed from the rank of the parties to the memo of appeal and the applicants shall be substituted in his place .


in para 103 , the Hon ’ ble Supreme Court held as to what would be the cavalier interest , it will depend on the fact situation that can be obtained in each case .


even in the last case ( supra ) of Vijendra Kumar Verma the reliance placed by learned counsel for the respondents would not be of any use in the facts of the present case .


( b ) the percentage that would happen if the addition of the above 1 and 2 and participate in the addition is to two , the merit number of the candidate shall be .


in this regard , first and foremost , it would be necessary for me to reproduce the provision of Section 8 of the Bihar and Orissa General Clauses Act which is reproduced below : —


Hon 'ble Samarendra Pratap Singh , J. Hon ’ ble State of Bihar and Ors . , reported in ( 1980 ) 1 SCC 6761 of 2008 . decided on 3rd July , 2014 .


5- According to learned counsel for the petitioner , such order passed by the Chairman of the Board is contrary to the judgment of the Government as well as several judgments of this Court .


there was also a provision that till such inquiries were completed , teachers would continue in service but their final absorption in government service would be subject to the decision of the State Government .


for the purposes of the aforesaid proviso , it is within the knowledge of ' date of hearing ' , which is relevant , there is no knowledge of the pendency of the suit .


the total cost of construction work done by the Development Authority , Patna and the total amount to be deposited by the District Officer , Patna in the name of the Land Acquisition Officer .


that apart , there is another serious lacunae even on account of non- production of material exhibit before the Court which has had a very adverse effect on the authenticity of the prosecution case .


the Court held that it is trite law that the sentence imposable on the date of the commission of the offence has to be determined the sentence imposable on the conclusion of the trial .


thus , there is no contradiction or conflict between the other provisions of the Advocates Act on the one hand and Section 34 or Article 145 of the Constitution of India on the other .


23- Admittedly , since opposition Nos.2 to 15 are the persons who are on the lower rungs of the police force but are the officers of the police officials engaged in the legal order .


Hon 'ble Navjivan Prasad Singh , J. Hon 'ble Indra Pratap Singh @ Lalji Babu vs. State of Bihar & Ors . CWJC No. 4833 of 2012 . decided on 7th November , 2014 .


under the said resolution , the benefit of contributory provident fund has been allowed to the employees of the Government of Bihar , who have been employed on or after 1st September , 2005 .


their Lordships of the Hon ’ ble Supreme Court have relied upon the framing of the Constitution of India ’ s Constitution , issues 2 and Parliamentary discussions , edited by B . Shivraj .


6- In view of the admitted relationship of the landlord and the tenant between the plaintiff and the defendant , the only issue was that of the existence of a bona fide personal need .


( iv ) Whether the suit is filed by the provisions of Section 69 ( 2 ) of the Indian Partnership Act and under Order 30 Rule 2 of the Code of Civil Procedure ?


Hon 'ble Akhilesh Chandra , J. in National Insurance Company Limited vs . Mst Jisht Jaimati Kunwar & Ors . 54E bearing Appeal No. 616 of 2008 . decided on 5th January , 2015 .


in the course of cross examination , in paragraph 3 , he stated that he did not know the fact that due to the drain , there were strained relations between the two parties .


reference may be made to the decisions of the Supreme Court in the Supreme Court [ AIR 1974 Supreme Court 1123 , AIR 1971 Supreme Court 2057 , AIR 1957 Supreme Court 133 etc .


instead of doing so , the observations / findings of the hearing committee have been taken note of erroneously and the ground for rejection of the claim of the petitioner has been made out .


Hon 'ble Rakesh Kumar , J. Hon 'ble Shri Justice Board Manager , Oriental Insurance Company Vs . Anju Sinha and others Mishelal Appeal No. 135 of 2013 . decided on 4th December , 2014


Hon ’ ble Mengeshwar Sahu , J. Pooran Deb Narain Singh & Ors . vs Budhdev Singh & Ors . , ( 1995 ) 3 SCC 379 , decided on 11th March , 2015 .


as a matter of fact , the land was settled by the erstwhile land owner with these defendants in the year 1950 and after vesting , they became ryots of the State of Bihar .


in the counter affidavit , the State side is of the view that neither the powers of the Programme Officials have been reduced nor they have been made subordinate to the Block Development functionaries .


such an opportunity would arise only when , on an examination of the evidence , as the case may be , the Court finds that any inherent defect or fault emerges to the Court .


it was obligatory on the part of the concerned authority to inform the nearest higher office bearer within the stipulated time of 72 hours in respect of the information received for the concerned authority .


both these have stated in their statements recorded during the investigation as well as in their testimonies . that at the time of the incident , the electricity light was present in the house .


( b ) Whether the procedure adopted by the High Court is proper and correct , at the stage of taking the vertical of the power under clause ( 2 ) ( b ) ?


it is true that , in the first instance , the provisions of Section 26 of the 1947 Act and the provisions of Section 32-A of the 1993 Act appear to be very similar .


on hearing the complaint , Krishna Yadav , elder brother of Pankaj , got angry and told that if he was to live in the village , he would have to pay the dye .


he has submitted that in the course of the investigation , the allegations made in the FIR were found to be correct and accordingly , the police had filed the affidavit in the case .


it is made clear that we have not gone into the merits of the claims of both the parties and it is for the trial court to decide the same in accordance with law .


further , it has also been submitted that the submission of the probate petition was not maintainable , in the light of the fact that the applicant is not the executant of the Will .


the learned Additional Public Prosecutor Mr. Umanath Mishra will forthwith communicate this order to the senior Superintendent of Police , Patna , which shall file the compliance report within a period of two weeks .


Hon 'ble Jitendra Mohan Sharma , J. Dharma Thakur & Ors . Versus Manish Sinha & Ors . , ( 1991 ) 2 SCC 354 ) . decided on 14th August October , 2015 .


the plaintiff had claimed that the same was segregated as per the convenience in the year 1936 itself , whereas , according to the defendant-appellants , there was a demarcation in the year 1924 .


Hon 'ble Aditya Kumar Trivedi , J. Baleshwar Jha & Ors. vs. Kamla Kant Jha & Ors . , came to mean Appeal No. 362 of 1983 . decided on 14th October , 2015 .


the relief petition mentioned in paragraph No. 1 of the aforesaid interlocutory application , including the averments made in support and the documents brought on record , shall form part of the writ petition .


as was itself admitted by the prosecution witnesses that there was a strike of the workers , and as a result there was some delay in raising the bags from the palaeons Station Yard .


15- hence from the evidence of the doctor , it is apparent that the prosecution case is supported by the evidence of the doctor regarding the time of occurrence and the manner of incident .


28- With regard to the evidence produced during the trial , the entire action of the prosecution in search , seizure , sample , etc . , is contrary to the order of law .


4- It has also been disclosed that the plaintiffs , defendants are the first party , the defendant , the second party and the defendant are the descendants of Bhuj Das , Dhanj Das .


moreover , the statement of the informant made that he was an eye witness to the extent of seeing the incident is highly doubtful as the incident had taken place late in the night .


after paying the rent , get the acknowledgement Vs . themselves to book , he will name his copy and file a free Jamabandi of the Wasification Office Zone of the Government of Bihar .


the writ petitioner was the applicant before the Tribunal and is the elder son of late Panna Devi , whereas respondent No. 11 is the younger son of Chhotey Lal , late Panna Devi .


10- Learned counsel for the respondent , on the other hand , submitted that the order passed by the Standing Lok Adalat , which is the impugned order , is in accordance with law .


the purchase was from the auction held by the learned company judge and the same was sold in pursuance of the measures taken in the winding up proceedings in respect of the said company .


Hon ’ ble NAVpolicy Prasad Singh and Neeloo Agarwal , JJ . Union of India and Ors . vs . Raghuvar Singh C.WJC No. 2772 of 2015 . decided on 11th January , 2016 .


it is a settled law that the Collector or the Courts , who plead for compensation even to the land and to the fruit trees , cannot make a separate determination of the same .


8- We are supported by the view of a Full Bench of this Court in the case of Kalpana Rani vs. State of Bihar & Ors . , 2014 ( 2 ) PLJR 665 .


because of her ill - treatment , her husband ' s mother , who had come to her rescue at the time of Durga Puja in the year 1997 , had to go back .


32 . saying so , we are of the opinion that there is no dispute that the earliest information received by the police in connection with the incident has been concealed from the Court .


thus , she has also not supported the case of the prosecution relating to the going out of the victim in a naked condition from the house of the appellant , a stronger Karmakar .


though the Code of Civil Procedure is not applicable to writ proceedings but keeping in view the broad principles of the Code of Civil Procedure , the order of the Code of Civil Procedure .


looking at the evidence of PW3 , particularly in the presence of him at the place of occurrence , in front of the facts arising in his cross-examination , also appears to be suspicious .


Hon ’ ble Abuuddin Ainullah , J. Hon ’ ble Mr. Imran Alam vs. State of Bihar & Ors . [ 22 JJC No. 2275 of 2016 ] decided on 9th February , 2017 .


the private respondents did not raise any such properties when in 2005 , a list of ad hoc posts was published in which the private respondents were shown to be harsh from the petitioners .


( 3 ) The Chief of the police station shall be the Station Officer , ( Station House Officer ) , who shall not be below the rank of an inferior Inspector of Police .


16- It is in the context of the above principles of law and the provisions of the Code , in the instant case , the rights of the appellant have to be adjudicated , .


(a) compensation received by a workman at the time of the closing down of the undertaking in which he is employed shall be deemed to be compensation received at the time of his retrenchment ;


(c) any arrears of salary paid or allowed to him in the previous year by or on behalf of an employer or a former employer, if not charged to income-tax for any earlier previous year.


Provided that a reasonable opportunity of showing cause against the proposed withdrawal shall be given by the National Committee to the concerned association, institution, public sector company or local authority, as the case may be:


(a)  all the assets and liabilities of the firm or of the association of persons or body of individuals relating to the business immediately before the succession become the assets and liabilities of the company;


(a) if the cost of the new asset is not less than the net consideration in respect of the original asset, the whole of such capital gain shall not be charged under section 45 ;


Explanation.—For the purposes of this clause, the expressions "assessable", "fair market value", "jewellery", "property", "relative" and "stamp duty value" shall have the same meanings as respectively assigned to them in the Explanation to clause (vii).


Provided that the assessee furnishes the certificate referred to in clause (a) of sub-section (2) of section 35AC from such public sector company or local authority or, as the case may be, association or institution.


A fraud or misrepresentation which did not cause the consent to a contract of the party on whom such fraud was practised, or to whom such misrepresentation was made, does not render a contract voidable.


(a) is passed or made against 3[the Union of India] or a State or a public officer in respect of any such act as aforesaid, whether by a Court or by any other authority; and


11. Counsel for the State, on the other hand, while submitting arguments in support of the impugned orders, would want to controvert the grounds raised by the petitioners on the basis of the following objections:


The learned counsel has further argued that the very jurisdiction of the Permanent Lok Adalat is in relation to such matters where both the parties can give and take something and arrive at a settlement.


in this connection , he also referred to the injury report of Sudhir Kumar Singh , Ext . B / 1 and also the injuries inflicted on the person of the appellant , Ext . B.


( d ) Bankers draft ; and ( e ) such other pecuniary instruments as the Central Government or the State Government , as the case may be , may by order in writing specify .


( VII ) Though the matter was to be disposed off in a summary manner , but the Court below has entered into the issues of title and the decision is in a descriptive manner .


in this transaction , I have to hold that how the Collector does this , in accordance with law and the direction of this Court , is his business to see how he meets it .


from the impugned judgment , it is apparent that the learned trial court did not take any trouble to see the same nor did it take into account the relevant inputs to the oral evidence .


Hon 'ble Samarendra Pratap Singh , J. Hon 'ble Shri Nand Kishore Roy and others vs. Smt . Shakuntala Devi and others , CWJC No. 7368 of 2010 . decided on 28th September , 2012 .


9- From the submission of the parties and the judgment of the courts below , the dispute between the parties is regarding the parentality of Kalo Devi and the year of death of Dilgir Singh .


the school of the petitioners is one of the schools which was entitled to the grant of aid by the State Government , which has not yet been withdrawn , the writ petition is allowed .


but in the present case , the priorities were filed by the supervisor with the approval of the Vice-Chancellor after taking over the activities of the petitioner in connection with the affairs of the University .


in the case before us , there was a partition between the brothers as has been accepted by the plaintiff as well as Faujdar Choudhary as well as by the witnesses examined by the plaintiff .


2- In Aparajan on the same day at 5 : 00 am , I examined one Bhikh Chaudhury , son of Ramdhari Choudhary of the same place and found the following injuries on his person :


such an enquiry is not to be held in a summary way and it is not for the petitioner to do so even without giving sufficient opportunity to substantiate the allegations by furnishing the evidence .


Hon 'ble Ashwani Kumar Singh , J. Hon 'ble Shri Kant Prasad alias Chirkut Sah and others vs. State of Bihar and Criminal Write No. 879 of 2011 . decided on 20th March , 2013 .


Hon ’ ble Ashutosh Kumar , J. Hon ’ ble Mr. Justice Janeshwar Yadav vs. State of Bihar and another Cri . Misc . No. 14886 of 2008 . decided on 13th August , 2014 .


however , a plea was taken by the appellant that the driver of the shock vehicle was not having valid driving licence and the driving licence of the driver of the shock vehicle was fake .


31- At this stage , we shall advert to the decision of the Hon ’ ble Supreme Court in the case of P. Sarathi vs. State Bank of India [ AIR 2000 SC 2023 ] .


their report and their evidence are clear that both the pills had been hit by close proximity , as at the point of entry , the skin had fallen into reckoning in both the cases .


at that time , the plaintiff and the State of Bihar had no knowledge about the attachment , therefore , the plaintiff had handed over the possession of the property to the State of Bihar .


the expert has taken into account the approved hand writing and signature as well as the extended shadow photographs of the disputed handwriting and signatures and the various documents and a table has been prepared .


it is in the absence of the said certificate that the consideration of the birth of the child for the first time in a school studied by the child is Rule 12 ( 3 ) .


in such a view of the matter , on the ground of the impossibility of partition or on account of the non-execution of any document , the plaintiff cannot be made out of the suit .


for the purpose of the Act , the transfer of the land by the success of Ishna Begum , as effected by Section 16 of the Bihar Special Court Act , is void and naughty .


it is , thus , urged that the administration of the will ’ s property or the provrata title should be given , having an impact over the territory of the country as a whole .


reference may be made to the judgment of the Hon 'ble Supreme Court in the case of Krishan Kumar seniority vs. Share Share Share reported in 2010 ( 2 ) PLCR 336 ( SC ) .


defendants No.1 to 10 are the sons and daughters of Syed Shah Salliuddin Ahmed , who , according to the plaintiffs , was the mutawalli of the waqf till his death in the year 1982 .


Hon ’ ble Ahabuddin Ainullah , J. Hon ’ ble Sanjay Mahto alias Sanjay Prasad Vs . State of Bihar & Ors on Cri.MIC No. 8660 of 2013 . decided on 20 September , 2013 .


Hon ’ ble Aditya Kumar Trivedi , J. Hon ’ ble Mr. Justice Naoni Singh vs. State of Bihar & Ors on Criminal Revision No. 381 of 2003 . decided on 29th November , 2013 .


therefore , in the facts and circumstances of the case , the rejection of the evidence of PW-9 by the learned trial court appears to be inappropriate in the facts and circumstances of the case .


therefore , it is apparent that the last decree passed in the case in hand in absence of the widow of Ram Avtar Singh is void and non- basti and is to be set aside .


the finding of the Block Development Ofﬁcer of the large associates committed by the members of the Selection Committee in the appointment of some of the petitioners was not made the subject matter of challenge .


Hon 'ble Ramesh Kumar Dutta , J. Oriental Insurance Company Limited and another Vs . State of Bihar and others 2011 ( 3 ) WJC 3586 of 2009 . decided on 13th December , 2013 .


in 1951 , the property was split and in that partition the property had come to the share of Bibi Malpahar Sultana Begum , who had let out the property in favour of the tenants .


the relatives of the person injured or killed in an accident can find that the decree obtained by them is only a paper decree , as the owner is not a person of any status .


it is made clear that it would be the function of the court to decide whether the question involves , or not , the dignity or listlessness of the Advocates and / or the Bench .


24- It would also be relevant at this stage to take into account the basic difference between the essential qualification and the desirable qualification for appointment to the post in question on a regular basis .


as a result of the reorganisation , the division of the erstwhile State of Bihar had necessitated allotment of staff quarters in regard to one of the activities of the then existing State of Bihar .


the opposition no . 3 - United India Insurance Company Limited has also filed written statement by raising a number of representations and did not have a valid licence to the driver with this fact .


Hon ’ ble Mengeshwar Sahu , J. in the properties of late Shri Sriman Kumar Choudhary , Dharamesh Kumar Vs . X-ray search number No. 7 of 2012 . decided on 24th April , 2014 .


Hon 'ble Navjivan Prasad Singh , J. Anju Devi & Ors . Vs . State of Bihar & Ors . , reported in CWJC No. 12509 of 2013 . decided on 27th March , 2014 .


( I ) But notwithstanding this repeal , any teachers appointed under the Pre-Rules , Resolution Orders , etc . , shall have no impact on the terms and conditions of service of the teachers .


therefore , taking the property of a minor into joint family property will not become devoid of the title of the minor property and more so , it is only a case of the defendant .


AIR 1980 SC 1621 : State of Delhi vs. Vijay Pal — In that case , it was found that the prosecution case was based on the testimony of child witness and oral judicial sanction .


hence , there is no merit in the claim of the petitioner that in the light of his acquittal of the charges by the trial court , he should be acquitted in a departmental proceeding .


in my opinion , the letter assumes that the effect of the Ordinance was the cancellation of the sanctioned post outside the standard board , which in fact is not the intention of the Ordinance .


then again , the present case is not a case of mere irregularity in the composition of the equals , but on the facts of the case it is a case of non-renewal of summons .


all these judgments of the Hon ’ ble Supreme Court clearly states that the burden of the Court to satisfy is on the claimants that the compensation awarded by the Land Acquisition Officer is insufficient .


it is not possible for us to decide that in such a case , the Court cannot , at the very outset , oversee the documents produced by the accused or the public servant concerned .


the question on which is being put is of the same tone and the petitioners have not to be served , who is the head and sub - head of the Panchayat Committee in question .


( 2 ) The management of a registered committee shall vest in the provisions of this Act and the Committee of Management constituted under the rules / sub-rules of the Committee made under this Act .


10 . this order should be communicated to the concerned officials at the cost of the State through fax to the District Magistrate , Vaishali for further communication of the same to the concerned officials .


for the said reason , according to learned counsel for the State , it was justified for the concerned respondents to provide the senior selection grade , Super typewriter and the post of Principal Assistant .


it will also be the same responsibility of the respondents to closely scrutinize the allegations and the nature and extent of guilt , so that the punishment is commensurate with the gravity of the offence .


( ii ) abrasion of 2 " x1 " in front of the neck ; and ( i ) multiple abrasion of various shapes and sizes on the front and back of the neck . "


now , therefore , on the ground that the appellant is in possession , the land at the time of suit of the plaintiff cannot be deducted from the land at which it is due .


if the said second attempt is passed by the examination , the pay scale of the Matriculation ( trained ) would be payable to them with effect from the date they joined the second examination .


19- In view of the nature of controversy involved in the present case , I consider it apposite to consider the ratio laid down by the Apex Court in the leading cases of medical negligence .


provided that no search shall be deemed to be irregular merely by the fact that a witness for search is not a resident of the locality in which the place of search is situated . "


where the deceased was self-employed or was on a fixed salary ( non-of provision of annual increments etc . ) , the Court would normally take only the real income at the time of death .


( C ) The Registrar General shall maintain a register in which the address of the advocate on record shall be the date of the notice and the actual date of commencement of the training .


such a partition , whether or not there has been a partition of the properties by demarcated with it or thereafter , covers both the partition of the right and the partition of the property .


( III ) Whether it was also appropriate for the competent court to write a letter to the Election Officer - cum - Block Development Officer concerned with holding of oath to the winning candidate ?


the sentence should be so servile that it should sweep away all the standards of decency and disproportionate to the extent that the people of Canada might feel contempt or unbearable to the punishment . "


the above conclusion of the Tribunal is contrary to the principle of " just compensation " established by the Supreme Court in the decision in Helen case [ ( 1999 ) 1 SCC 90 ] .


they indicate that on the basis of a Will , the property will vest in the executant whereas the property will be vested in the Administrator by virtue of the administration letter by the court .


the evidence of the witnesses as recorded by the Magistrate under section 288 of that Code , could , at the discretion of the Sessions Judge , be treated as material evidence at the trial .


15- The evidence of the brothers of Anita shows that due to ill-treatment meted out to Anita , on account of having been done since her marriage , she was unhappy in her matrimonial home .


provided that such rules , forms and tables shall not be inconsistent with the provisions of any law for the time being in force , and the previous approval of the Governor shall be required .


in his presence , an amount of Rs . 50 , 000 / - was given to Mehnisha and in pursuance thereof , he handed over the keys to the upper storey of the house .


Hon ’ ble Vikas Jain , J. M / s . Bandoopul Industries vs. Bharat Coking Coal Ltd . & Ors . , W.JJC No. 17282 of 2011 . decided on 18th April , 2016 .


6- In 2008 ( 1 ) Ram Krishan Dubey , reported in PLJR 841 , a Division Bench of this Court in the case of Ram Krishan Dubey Vs . State of Bihar & Ors .


it was referred to the Division Bench that the judgment under appeal of the learned Single Judge was contrary to the judgment of the Division Bench in the case of G.B. speaking ( supra ) .


7 . considering the facts and circumstances of the case and the submissions of the learned counsel for the parties , the Court finds mention in the submissions of the learned counsel for the State .


Hon 'ble Ramesh Kumar Datta and Sudhir Singh , JJ . Hon 'ble Shri Justice Saket Kumar Vs . Neetu Kumari Misc . Appeal No. 448 of 2014 . decided on 16th November , 2016 .


thereafter , she said the boundary of the place of incident to be Police - North - open ground , South - kitchen garden , East - farm , West - deceased ’ s field .


except to the extent provided in sub-Section ( 2 ) and Rule 169 of Section 169 of the Code of Civil Procedure , 1908 , the claims are not applicable to proceedings before the Tribunal .


2- The brief facts , as alleged in the complaint petition , are that the complainant is a owner of M / s . Bajrang Traders engaged in the business of fertilizers and wood cake .


38. Salaries and allowances of members of the Legislature of the State, of the Speaker and Deputy Speaker of the Legislative Assembly and, if there is a Legislative Council, of the Chairman and Deputy Chairman thereof.


257A. The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994).]


(iiiaaaa) the Chief Minister's Relief Fund or the Lieutenant Governor's Relief Fund in respect of any State or Union territory as referred to in sub-clause (iiihf) of clause (a) of sub-section (2) of section 80G; or


(b)  any person who has made a substantial contribution to the trust or institution, that is to say, any person whose total contribution up to the end of the relevant previous year exceeds fifty thousand rupees;


(a) to an association or institution, which has as its object the undertaking of any programme of rural development, to be used for carrying out any programme of rural development approved by the prescribed authority; or


(iv) income referred to in sub-clause (xi) of clause (24) of section 2, if such income is not chargeable to income-tax under the head "Profits and gains of business or profession" or under the head "Salaries";


(vii) where an individual or a Hindu undivided family receives, in any previous year, from any person or persons on or after the 1st day of October, 2009 5[but before the 1st day of April, 2017],—


(b)  any instalment or part payment of the amount due to any company or co-operative society of which the assessee is a shareholder or member towards the cost of the house property allotted to him; or


(c)  the whole of the amount paid on account of medical expenditure incurred on the health of the assessee or any member of his family as does not exceed in the aggregate 27[thirty] thousand rupees; and


(d)  any sum paid by the assessee in the previous year to a rural development fund set up and notified by the Central Government for the purposes of clause (c) of sub-section (1) of section 35CCA;


(c)  "Export House Certificate" or "Trading House Certificate" means a valid Export House Certificate or Trading House Certificate, as the case may be, issued by the Chief Controller of Imports and Exports, Government of India ;


(a) any contribution paid or payable by the employer to any pension fund or provident fund or any other fund for the benefit of the employee under any law for the time being in force; and


Notice of the deposit shall be given through the Court by the defendant to the plaintiff, and the amount of the deposit shall (unless the Court otherwise directs) be paid to the plaintiff on his application.


II—(a) For the purposes of this section, a purchaser of property at a sale in execution of a decree shall be deemed to be a party to the suit in which the decree is passed; and


(2) Where a person applies under rule 90 to set aside the sale of his immovable property, he shall not, unless he withdraws his application, be entitled to make or prosecute an application under this rule.


Reasonable notice must be given of such revocation or renunciation, otherwise the damage thereby resulting to the principal or the agent, as the case may be, must be made good to the one by the other.


The employer therefore became liable to pay the compensation as soon as the aforesaid personal injury was caused to the workman by the accident which admittedly arose out of and in the course of the employment.


The bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care of it described in section 151.


9. It also appears from the evidence on record that the appellant-accused had come at the house of the informant and that too with an axe, only with a view to commit murder of the deceased.


As a matter of fact, the occurrence did not take place in the manner presented by the prosecution as such, they may be acquitted by setting aside the judgment of their conviction and order of sentence.


It can at best be done by an independent investigation agency, like C.B.I. Hence, the State shall have no objection, if the matter is handed over to the C.B.I. for enquiry by the Hon'ble High Court.


The petitioner, Fatima Bibi is a boundary raiyat on the southern side whereas on the northern extremity of the disputed land which is having large area boundary raiyat is one Samsuddin Ansari and not the preemptor.


The allegations of appellant appears against the respondent of cruelty whereas the respondent's allegations as levelled in her reply to the divorce petition is of cruelty against the respondent by the appellant and his family members.


The doctor (PW10) who has conducted postmortem examination on the dead body of the deceased, has found ligature mark on the neck of the deceased and the same was said to be the cause of death.


at 6.30 A.M. , the deceased Nand Kishore Singh arrived at the field where a quarrel had taken place between the deceased on one side and the appellant on the other and his father and son .


( VI ) The evidence produced by the defendant is not a matter of discussion in the judgment but the trial court has recorded its findings only on the basis of the evidence of the plaintiff .


every Government Department shall aim to consider and dispose of the claim of the candidate / applicant / employee / citizen , if the claim is found to be covered by any judgment of the Court .


after the death of Bipat Mahat and his two cousins , there was a partition between the two sons of the wealthy Mahat , Vilas Mahas and Bulkan Mahat , who were brought by mutual compromise .


provided that a Public Prosecutor or an Additional Public Prosecutor appointed for one district may also be appointed a Public Prosecutor or an Additional Public Prosecutor , as the case may be , for another district .


27- I do not agree with the submission of learned counsel for the petitioners that there exists a regular cadre of the prosecuting officer going up to the level of the Public Prosecutor at the head .


the licences granted under the Act before the 2001 order issued by the Government of India were governed by the order of 1984 issued in exercise of the power conferred by Section 3 of the Act .


11- In this view of the matter and in view of the submissions advanced on behalf of the appellant , I do not find that there is any material question of law involved in the appeal .


it is the case of the plaintiff that the lands in dispute were recorded in equal shares the names of Lakshman Dushyah and Lakshu Dosha , who were in possession as separate members of the family .


during the course of cross examination , the witness was relevant about the activities of both of them and the details of dress etc . , one of which was identified by him as Raghunatha Nata .


in the opinion of the Hon ’ ble Court , the District Judge being a Court under the Code of Civil Procedure , the Limitation Act shall apply to the applications made to the District Judge .


V . whether the property attached in Execution Case No. 78 of 1959 is only the separate properties of the plaintiff or the defendant No. 2 was also in possession on the day of the attachment ?


there is no joint family of the plaintiffs on the one hand and defendants No. 1 to 5 on the other side , nor the properties are in the possession of the plaintiffs with these defendants .


4- On a cogent analysis of the materials , the learned Magistrate was of the opinion that the witnesses had different statements , there was a land dispute between the parties and the allegation was false .


for the aforesaid reasons , I find sufficient merit in the submission of the petitioner that the impugned order in the writ petition as well as the election petition itself deserves to be quashed / rejected .


the informant , Narora , came back to the village and saw the dead body of his elder brother , which was kept at a post situated in the west of Sarju Sah ' s house .


however , where the property is charged by the payment of the amount of the decree , the appropriate manner of recovering the amount of the decree is to obtain an absolute decree for the sale .


he has relied on the decision of the Hon ’ ble Supreme Court in the case of All India Judge Association and others vs. Union of India and others , ( AIR 1993 SC 2493 ) .


it also appears from the fardbayan of the co - passengers , a fake simpler version , that the Dhulian Patyser train reached Simia Station at 7 : 00 hours on 11 . 2 . 1998 .


the decisions cited by the learned counsel for the appellant are not helpful in the facts and circumstances of the present case as FIR is registered by the appellant on the basis of a telephonic message .


thus , the matter of the Investigating Officer as well as for taking evidence is required to be remanded to the learned trial court so that the station diary entry can also be brought on record .


2 . with effect from 1st September , 2005 , the Pension Rules for the time being in force has been modified in the State of Bihar under the Government notification dated 31st August , 2005 .


Hon 'ble NAVIN Sinha and Development Jain , JJ . State of Bihar & Ors . Vs . Shankar Tiwari & Ors . LPA no . 320 of 2013 . decided on 14th February , 2014 .


Hon 'ble NAVIN Sinha and ASABUDDIN ARAM , JJ . Renu Kumari & Anr . Vs . State of Bihar & Ors . LA . No. 599 of 2013 . decided on 28th November , 2013 .


it is the reasoning of the learned senior counsel that the findings of the trial court being contrary to the evidence available on record , the judgment of conviction and the order of acquittal is untenable .


Panchayat is the employer ' s panchayat of the friend , the employer is the competent authority to maintain his personnel in the service / to extend the length of service / to remove from service .


the uncle father-in-law was dead as a result of a single blow by the uncle of the girl in a fight brought about by an alleged quarrel between the mother - in - law and daughter-in-law .


it is thus to be seen whether the issue of apology in the height of the building in the light of the arguments advanced by the parties requires any reconsideration on the case of the petitioner .


however , in view of injury sustained on the body of the deceased , this story of running after a hundred yards is improbable and is not admissible and it is not correct in the prosecution .


8- In the result , the appeal presented is found to be compelling and , on account of this , the judgment of conviction and sentence imposed by the learned lower Court is hereby set aside .


the names of the real culprits , the role played by them and the names of the eye-witnesses present at the scene of occurrence have also to be obtained in those whom the crime was committed .


after such a long delay , it is apparent , on account of the filing of the complaint case and also from the contents of the complaint petition , that the complainant did not come abysmally .


according to the learned counsel , the specific finding of the defendant is that there was death in the joint of Sunder Thakur , hence , the case of the plaintiff was accepted by the defendants .


if she had no separate property , then as per sub-section ( 2 ) of section 3 , the widow shall have the same interest under sub-section ( 3 ) of section 3 as her husband .


this petition has been filed under Article 226 of the Constitution by one Sacha Nand Sharma , an ex - employee of the Government of Bihar for the time being CWJC No.3727 of 2009 4- Bihar .


accordingly , it is argued that on the day of the accident , the appellant was not the actual owner but was the actual owner of the vehicle , namely , Manish Kumar and Lakhi Rai .


Hon 'ble Shivaji Pandey , J. Hon 'ble Shri Dharambal Devi and another vs. State of Bihar & Ors . , reported in ( WJC No. 10633 of 2013 . decided on 22nd Okker , 2014 .


he also disclosed the boundary of the disputed land in the North as a pond in the North , Rama Songarth Rai in the South , in the east as also the road to the west .


thus , according to the petitioner , the order of rejection of the claim of the petitioner for reimbursement of the amount of medical papers was arbitrary and the interference by the learned Tribunal was justified .


now , therefore , if the property was not dedicated to the deity , it had become the personal property of the old , namely , the Shivtardar , i . e . , the mohnagiri .


it also required that on a presentation by a messenger to the Treasury / Subordinate Treasuries , the clerk of a treasurer / Subordinate Treasurer shall put his signature with the date under a column 7 .


case of the plaintiff that the suit land was endowment with him by the erstwhile land owner who had filed the return in favour of the plaintiff on the basis of which the register was registered .


there is no evidence on record regarding the possession of the land at the time of occupation of the land at the time of tenancy of the tune of Rs . 1,00,000 / - per katta .


the said amount , i.e. , the claim of the total amount was decided to be paid with seven per cent annual interest from the date of filing of the case till the date of recovery .


Hon ’ ble Novel Prasad Singh , J. Hon ’ ble Ram Janaki & Anr . vs State of Bihar & Ors . , CWJC No. 8313 of 1995 . decided on 9th July , 2015 .


in the case of Mohd . Haneef Kureshi ( supra ) , though there was restriction on all the animals , it was not held to be unconstitutional as the restriction was for a limited period .


even for personal consumption all persons who are otherwise belonging to legitimate stock will become , on the next day , themselves , guilty in contravention of the law in which the beverage is a corporation .


( 4 ) Every appeal preferred in sub-section ( 1 ) shall be disposed of , as far as may be , within a period of three months from the date of admission of the appeal .


even A / 1 was proved to be the semen and blood of the human blood , which was group B , was the group B of human blood marked as Ex . A / 2 .


at the post - graduate level , a relaxation of 5 % in points from 55 % to 50 % for SC / ST category , i . e . , 5 % will be provided .


however , it is better to remember the well-known proverbs that the greater the power , the greater the greater the power it uses , the greater the degree of care and caution in its use .


there is no different character in the present case and the law laid down by the Hon 'ble Supreme Court in the case of Priyanka Shrivastav ( supra ) is fully applicable in the present case .


it is further the case of the petitioner that he is not a non-social element but is an elected member of the District Council , Buxar , District Council of Rajpur Eastern Region in Buxar District .


Hon ’ ble Anjana Prakash and Rajendra Kumar Mishra , Hon ’ ble Wmilk Nath Guru vs. State of Bihar Criminal Appeal ( DB ) No. 786 of 2013 . decided on 16th March , 2016 .


the Registry is directed to send a copy of the judgment along with the copy of the entire record of the case for necessary action , to the Secretary , State Advocate Council of Bihar immediately .


in the tort , it is enough for the defendant to show that the level of caution and skill acquired was the level of a general competent medical practitioner using the general level of occupational skills .


the aforesaid situation had persisted for quite a long time and , as a result , the education of the children was also affected as they had remained absent from their school for about six months .


in this regard , it would be relevant to see the averments made in the counter affidavit filed on behalf of the Superintendent of Police , East Champaran , Motihari ( opposite party No. 2 ) .


there is sufficient material on record to arrive at a conclusion , including Ex . 8 , that the situation prevailing after the incident was one which had prevented the notice from lodging a written report .


( b ) while the act to which the agreement to do is such that the compensation for its non - performance by way of money does not dispense with the relief sought to be made .


since the provision of compensation in the Railway Act is a beneficial component of the legislation , in our opinion , it should have a liberal and wide interpretation and not a narrow and technical interpretation .


the argument is that even the finding of the Juvenile Justice Board and the Appellate Court is not on the basis of the Propolliner office or any report received from the Investigating Officer of the case .


according to the law , on the death of the father of five brothers , the property will be given to five brothers according to PostScript , i.e. , every brother will have an equal share .


the Orchestra was being beaten in the south-eastern part of the compound , while the informant and his brother were sitting in front of the dais where the shot was fired at his brother Harendra Singh .


on the order of retrenchment passed by the company in respect of such illegal lock - out and 14 workmen , an industrial dispute was raised and the aforesaid reference was made by the competent authority .


Hon ’ ble Novel Prasad Singh and Jitendra Mohan Sharma , JJ . Rishi Kamal Versus State of Bihar & Ors . vs . W.JC No. 1155 of 2016 . decided on 17th November , 2016 .


had there been a proper calculation , then in that case , no acquisition other than the investigative sources would have been duly unearthed to which the prosecution submitted would not have been able to hold .


Section 7 of the 1952 Act empowers the Central Government to amend or alter a scheme , whether prospectively or retrospectively , as the case may be , of the Pension Scheme or the Insurance Scheme .


according to him , the second place of the incident is the tenanted premises of the accused / appellant , which is the house of Ashok Rahimani ( unlooked ) from where the same was seized .


4- In support of the plea , learned counsel for the petitioner has submitted that the impugned order is against the spirit of law and the reasons for the same are liable to be set aside .


while , the State of Bihar has provided for compensation of Rs . 25 , 000 / - in such a scheme , the State of Rajasthan has provided for compensation of Rs . 2 lakhs .


37- Third , it appears to me that the lodging of the complaint case by the police as a result of the arrest of the petitioner in a case of murder is mala fide and vindictive .


Hon ’ ble NAVALI Prasad Singh and Jitendra Mohan Sharma , JJ . Smt . Jyotsana Singh vs . Shri Justice Vikrant MGD . Appeal No. 94 of 2015 . decided on 28th November , 2016 .


the petitioner no . 1 along with other accused persons had demanded a sum of Rs . 1 lac which could not be met by the members of the complaint of opposite party no . 2 .


it is in this view of the matter that the accused or the other person cannot be deprived of hearing in view of the express provision contained in Section 401 ( 2 ) of the Code .


( 4 ) Every appeal preferred in sub-section ( 1 ) shall be disposed of , as far as may be , within a period of three months from the date of admission of the appeal .


(5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine:


(c) the reports which a political party shall furnish with regard to admission to such political party of any members of the House and the officer of the House to whom such reports shall be furnished; and


(e) in paragraph 5, the words “or the Chairman or the Deputy Chairman of the Legislative Council of a State or the Speaker or the Deputy Speaker of the Legislative Assembly of a State” shall be omitted;


(d) in paragraph 5, the words “or the Chairman or the Deputy Chairman of the Legislative Council of a State or the Speaker or the Deputy Speaker of the Legislative Assembly of a State” shall be omitted;


(m) the remuneration paid by the fund to an eligible fund manager in respect of fund management activity undertaken by him on its behalf is not less than the arm's length price of the said activity :


(8B) in the case of an individual who is assigned to duties in India in connection with any technical assistance programme and project in accordance with an agreement entered into by the Central Government and the agency—


Provided that for the assessment year commencing on the 1st day of April, 1972, the annual value of every such palace in the occupation of such Ruler during the relevant previous year shall be exempt from income-tax;


(23EE) any specified income of such Core Settlement Guarantee Fund, set up by a recognised clearing corporation in accordance with the regulations, as the Central Government may, by notification in the Official Gazette, specify in this behalf:


(44) any income received by any person for, or on behalf of, the New Pension System Trust established on the 27th day of February, 2008 under the provisions of the Indian Trusts Act, 1882 (2 of 1882);


(ii) the provisions of this section shall, as far as may be, apply to the resulting company as they would have applied to the demerged company, if the latter had not sold or otherwise transferred the rights.


(vid)  any transfer or issue of shares by the resulting company, in a scheme of demerger to the shareholders of the demerged company if the transfer or issue is made in consideration of demerger of the undertaking;


(e)  the total sales, turnover or gross receipts in the business of the company in any of the three previous years preceding the previous year in which the conversion takes place does not exceed sixty lakh rupees;


(a) if the cost of the long-term specified asset is not less than the capital gain arising from the transfer of the original asset, the whole of such capital gain shall not be charged under section 45;


(b)  if the amount of the net consideration is equal to or less than the cost of the new asset, the capital gain shall not be charged under section 45 as the income of the previous year.


(i)   the accumulated loss or unabsorbed depreciation of the demerged co-operative bank if the whole of the amount of such loss or unabsorbed depreciation is directly relatable to the undertakings transferred to the resulting co-operative bank; or


(a)  whole of the amount paid to effect or to keep in force an insurance on the health of any member of that Hindu undivided family as does not exceed in the aggregate twenty-five thousand rupees; and


(iiig)  the Maharashtra Chief Minister's Relief Fund during the period beginning on the 1st day of October, 1993 and ending on the 6th day of October, 1993 or to the Chief Minister's Earthquake Relief Fund, Maharashtra; or


Provided that in the case of an assessee, being a co-operative society, the provisions of this sub-section shall have effect as if for the words "seven assessment years", the words "nine assessment years" had been substituted :


(c) plastic carry bags of less than 20 microns as specified by the Ministry of Environment and Forests vide Notification No. S.O. 705(E), dated the 2nd September, 1999 and S.O. 698(E), dated the 17th June, 2003; and


An authority is said to be implied when it is to be inferred from the circumstances of the case; and things spoken or written, or the ordinary course of dealing, may be accounted circumstances of the case.


Be it noted, there was no question put in the cross- examination to PW30-Investigating Officer, as to why he did not chose to examine PWs 2, 3 and 4 immediately at the time of inquest or thereafter.


The Court shall determine, at the time of issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal of the suit; and the summons shall contain a direction accordingly:


4. It appears that the progress and completion of the work under the scheme i.e. the Pradhanmantri Gram Sadak Yozna is required to be done as per the schedule, though there is provision for extension of time.


There are about 108 sale deeds, under which big properties have been purchased by the petitioner in his name and in the name of his wife and relatives and also in the name of the said Company.


Accordingly, as per the case of the petitioner, the petitioner in terms and conditions of OTS Scheme did deposit application along with 25% of he amount outstanding on 1.9.2010 well within the time stipulated under the scheme.


3 . subject to altered circumstances , the submission of the bar was mainly confined to the point of jurisdiction to entertain an appeal under Section 25B of the Act and the maintainability of this writ application .


advocate , M / s , Anr , indicar , GOG , Gigroh , N . JHa , Amateur Kyeh , Osmelter , App . , App . N . , Apan4 , Mr . & Ors .


on the basis of aforesaid discussions , I am of the opinion that the impugned judgment of conviction and sentence of conviction cannot be sustained in the eyes of law and it deserves to be set aside .


for the reasons aforementioned , the judgments and decrees of the Courts below do not suffer from any infirmity on the issue of court fees nor on the issue of Section 34 of the Specific Relief Act .


11- So far as the other two decisions , i . e . , AIR 1958 Patna 550 and AIR 1992 Patna 40 are concerned , they are not applicable to the facts of the present case .


the question would be whether the cause of the proceedings available to the plaintiff on the date of institution of the suit would be available to his present legal representatives on the death of the original plaintiff .


the trial court had also framed charges under the relevant provisions of Section 376 of the Indian Penal Code ( for short ' the Code ' ) as well as the ' SC / ST Act ' .


( VI ) Whether Rajneesh Bharati , the elder son of the plaintiff is unemployed and whether the plaintiff wants to establish her in the suit premises in the business of seed , insecticide and agricultural implements ?


it is quite impossible for the court to go to the question area , to inspect the land and to hear the various participants and , in fact , re-review the Commissioner ' s decision on facts .


in case of failure , the petitioner would also be entitled to simple interest at the rate of 12 % annual interest , which will be reckoned from this date till the date of its final payment .


on the question of pay scale , a large number of cases have been coming up in the High Court , which are to be entitled for Assistant Teachers in the basic schools of Bihar in scale .


it is the result of innovation , the new tools with the court that are the guardians of civil liberty of the citizens and will ensure protection against the tragic consequences of the action of the State .


it is in this circumstance that the plaintiff had approached the Court by filing a suit for declaration of title and recovery of possession in respect of the property as described in Schedule 1 to the plaint .


the whole story of a will has been prepared by the mother to somehow prevent the gift of property to her daughter , who was the only heir to the interests of Madhuban Chaudhuri and his property .


the option of the Court to reach a proper conclusion with regard to the nature of evidence led by the parties and also to go in inherent improbabilities of the case shall be open to the Court .


( b ) contributory Provident Fund - cum - gratuity - The scheme in which the employer ' s contribution to the provident fund shall be limited to 8 per cent of the employee ' s salary .


it has been stated that the plaintiff is a wealthy house owner and the bona fide requirement laid down is , in fact , an excuse only for driving out the defendant without there being any requirement .


7- A copy of this order be sent forthwith by the Registrar General of this Court to all the Universities , Advocate General , Bihar and the statutory consultants of Bihar for their grievance and necessary action .


( 1 ) . the witnesses say that while you were engaged in playing a lute in Nishlegitimate , Lakshmana Singh was killed by lathi on his chest and with his blows he died on the spot .


he also took a plea that at the time of vesting of the zamindari , the former zamindar had filed the statement in respect of the suit property in the name of Kalika Chobe and Dalasagar Chobe .


the ratio laid down in the aforesaid two judgments is corroborated by a Division Bench of this Court in the case of Balbhadra Prasad Singh vs. State of Bihar [ 2010 ( 3 ) PLJR 27 ] .


again , the involvement of the three acquitted accused persons , namely , Makhdum Ravindu Das , Nardmani Ravidas and Bhoole Ravichar , who allegedly had caught hold of the deceased from behind , was also rejected .


the first was of the year 1974 ; the second incident was of 1975 ; the next three events were of 1977 , and the remaining events were of the year 1978 , except the last event .


at that time , Vishwanath Thakur and Arun Kumar Sharma took a bag of Rs . 29285 / - in cash as well as a cheque of Rs . 12534 / - which were at the chowki .


it is also not the case of the respondent that the General Manager of the Project was not a party to the compromise or was not a party to the application under Section 34 of the Act .


in the first FIR , the investigation of both the priorities must be conducted , in the event of the accused appearing together with a different party or a counter claim in respect of the same incident .


according to the plaintiff , the late Nawab Abdul Bahab Khan was a zamindar and three brothers namely Sheikh Abdul Sattar , Sheikh Abdul Hai and rest Abdul Haq were tenants in possession of the suit land .


when there were a number of lock at the door of the accused , with the help of the police villagers , opening the door and went inside the house of Krishan Kumar Choudhary ( accused ) .


in the case of Mohd . Ramzan Khan ( 1991 ) 1 SCC 588 , the judgment of the Hon ’ ble Supreme Court made it imperative to supply / supply the enquiry report to the delinquent .


the power to vary or cancel a settlement as such is with the State Government and the District Magistrate has no such provision as Section 35 in respect of any contracts entered into by the District Magistrate .


Hon 'ble NAVALRAM Singh , J. M / s . Asterok Home Private Limited and another Vs . State of Bihar & Ors . , CWJC No. 23845 of 2013 . decided on 10th December , 2013 .


an award of any satisfaction by a Lok Adalat , contrary to the statutory provisions arising out of a pre — reference , would clearly attract the applicability of the directions in ( Naval Kishore Singh ) .


according to the learned Single Judge , on account of the holding of the post of Assistant Engineer by the petitioner for a period of 23 years , it cannot be said to be a provisional arrangement .


( I ) But Panchayat Education Mitra employed in the light of previous circulars , orders , instructions and working in the light of that , will be considered employed as Panchayat Teacher under this Rules . "


consequently proceedings under Section 3 of the Representation of the People ' s Land Acquisition Act , launched by the Executive Officer Chara are quashed - The Case No. 5 / 1991 - 92 are also quashed .


hence , I find that the sale deed was acted upon and therefore , the delivery of four annas of the property , that is to say , John BX was made to Hussain ' s trustee .


Hon 'ble Mhir Kumar Jha , J. Md . Maruf - Azam & Anr . vs State of Bihar & Ors . , reported in CWJC No. 13356 of 2013 . decided on 16th May , 2014 .


the respondents No. 2 , 3 and 4 respectively in the said Janardan Singh , Rajiv Singh and Ranjil Singh are the respondents in the present second appeal while plaintiff- Prafulla Chandra Gupta is respondent No. 1 .


in fact , even according to the written arguments submitted on behalf of the respondents , even treated as measured from the level of the road , the height of the building will increase to 54 centimeters .


similarly , even where a police officer does not record the information at all and does not inform the higher officer at all , it will also be a clear violation of Section 42 of the Act .


2 . the District Council is vested with the District Council on a fairly large portion of the land between the railway station on the one hand and the road to the railway station on the other .


now , undisputedly , except in the Aliwal district of Bihar , besides the other revenue districts of the State of Bihar , family courts and judicial systems have also been established in the district of Sheikhpura .


the properties allotted to the defendants are mentioned in Schedule 2 ( a ) of the written statement and the properties allotted to the plaintiffs are mentioned in Schedule 2 ( b ) of the written statement .


he submits that in view of the provisions contained in the Act also in view of the provisions contained in the Act , the registered owner is required to indemnify the claimant in the case of accident .


the said resolution has not been made applicable to persons employed in the Government of Bihar on deputation from public sector organisations or to employees working in day - to - day salaried or re - employment .


in this view of the matter , according to the learned counsel , it cannot be said that the assets acquired in the settlement by the execution of registered pigeons are the properties of the joint family .


this is the consequential action of terminating the said direction issued by the State Government and service rendered by the Regional Director of Animal Husbandry , which is the subject matter of challenge in every writ petition .


in the same paragraph , he denied the suggestion that on the day of occurrence also the Investigating Officer had come to the village of the place of occurrence and that he was concealing the said fact .


when we return to the cross examination , the question is directly put to him that he was well known to the deceased accused Ramanuja Singh and appellant Dina Nath Singh as he was a close relative .


in the facts and circumstances of the case , within the aforesaid period of three months , I impose the cost of Rs . 1 lac to the petitioner to be paid by the State of Bihar .


the presence of Arsad Mian at the place of incident in the evening , who is concerned with the deceased and is at a distance of 22 kms from the place of incident , is also doubtful .


however , the learned Tribunal has calculated the compensation amount on the basis of the income of the deceased , which was the branch manager in North Bihar Regional Rural Bank at the time of the accident .


therefore , even when there is admission on behalf of the defendant , the plaintiff would not be free from the need to prove the disputed facts , if such a direction is given by the Court .


in this regard , every case , before making provision for reservation to the concerned State , must show the compelling reasons , namely , backwardness , inadequacy of representation and the existence of overall administrative efficiency .


these judgments are relevant to the extent that they define the power of the Court at the stage of the charge and , therefore , it is necessary to bear in mind the same as the guidelines .


2- In this very stage , for the final disposal of the writ petition , I have heard the learned counsel for the petitioner as well as the learned counsel for the State and perused the records .


in such a view of the matter it is very difficult to record any finding regarding convenience of the parties on these common grounds or the valuation of the property or the allotment made by the road .


it has come to the notice of the learned Single Judge that cancellation had taken place on the basis of Panchayat Elections 2006 which started and also that the petitioner was an accused in a criminal case .


in the event of reaching a conclusion of Juvenile Justice Board that the petitioner was not a juvenile on the day of occurrence , it shall transfer the record of the case to the Court of Session .


the first possibility is through the western part allotted to her mother - in - law and the second is likely to go through the portion of the building allotted to her husband in the eastern part .


in other words , there was a ban on the right of the widow to transfer the property and for that reason the same was called the ' life estate of a limited owner or a widow .


from a perusal of the entire evidence led by the plaintiff as well as by the defendants , I am of the opinion that the witnesses of the plaintiff-petitioner have not been able to prove the same .


learned counsel for the respondents has placed reliance on para 37 of the judgment of the culprit ( supra ) , reliance has also been placed on the same judgment by the learned counsel for the appellant .


the definition of “ non social element as contained in Section 2 ( d ) of the Act reads as follows : “ 2 ( d ) “ an antisocial element ” means a person who is —


( IV ) In the event of non-prosecution of other joint operators , it would not be appropriate for the court / tribunal to hold the boundary of joint negligence of the drivers of the two vehicles .


31- On the facts of the case in hand and also on the principles laid down by the Apex Court , I am of the opinion that the filing of the complaint is mala fide and perverse .


10 . now on coming to the present incident , it is apparent from the petition that the vehicle in question was engaged in agricultural work , which is available on the record of the court below .


he had received his passport within one and a half months but the copy of the voter identity card and the PAN card had not been returned and the same was kept by Yogesh Mishra as aforesaid .


in the opinion of the doctor , the time passed after death was 36 hours and the cause of shock death caused by injury to a very vital organ like the brain was the result of death .


on consideration of the pleadings of the parties , the writ court had held that oral partition of the books property is permissible and there is a valid partition and there is no requirement of any document .


in the event of such entry on the date of birth , the date of birth therein , is considered to be final and inconclusive , and no reliance is to be placed on any other material .


Hon 'ble Shri Prakash Chandra Jaiswal , J. Hon 'ble Shri Marathinissa Vs . Mandal Manager , Bihar State Road Transport Corporation , Misc . Appeal No. 684 of 2012 . decided on 13th August , 2017 .


( III ) On the same day , they had conducted post mortem examination on the body of Sarita Devi in Aparan at about 2 . 20 p.m. and found the following external injuries on her person :


in the meantime , Pyare Tiwari ( his victim ) had raised a hue and cry wherefrom they had run towards him and had been able to put out the fire and bring it to their house .


in view of Section 141 of the Code of Civil Procedure , the appeals to be filed in the High Court shall apply the procedure for filing an appeal as provided under the Code of Civil Procedure .


The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose:


(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and


(2) It shall be the duty of the Tribes Advisory Council to advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor1.


56. Regulation and development of inter-State rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.


“87. The Representation of the People Act, 1951 (Central Act 43 of 1951), the Representation of the People (Amendment) Act, 1974 (Central Act 58 of 1974) and the Election Laws (Amendment) Act, 1975 (Central Act 40 of 1975).”;


(c)  the expression "Securities and Exchange Board of India" shall have the meaning assigned to it in clause (a) of sub-section (1) of section 2 of the Securities and Exchange Board of India Act, 1992 (15 of 1992);


(49) any income of the National Financial Holdings Company Limited, being a company set up by the Central Government, of any previous year relevant to any assessment year commencing on or before the 1st day of April, 2014;


Explanation.—The provisions of Explanation 1 and Explanation 2 to sub- section (2) of section 80-I shall apply for the purposes of clause (iii) of this sub-section as they apply for the purposes of clause (ii) of that sub-section.


Explanation.—For the purposes of this proviso, "district of Darjeeling" means the district of Darjeeling as on the 28th day of February, 1981, being the date of introduction of the Finance Bill, 1981, in the House of the People.


(ii) the provisions of this section shall, as far as may be, apply to the amalgamated company as they would have applied to the amalgamating company if the latter had not so sold or otherwise transferred the asset.


(ii) the provisions of this section shall, as far as may be, apply to the amalgamated company as they would have applied to the amalgamating company if the latter had not so sold or otherwise transferred the rights.


(ii)  special series of units of the Unit Trust of India established under the Unit Trust of India Act, 1963 (52 of 1963), which the Central Government may, by notification in the Official Gazette, specify in this behalf;


(a)  if the cost of the long-term specified asset is not less than the capital gain arising from the transfer of the original asset, the whole of such capital gain shall not be charged under section 45 ;


(e)  any sum paid by the assessee in the previous year to the National Urban Poverty Eradication Fund set up and notified by the Central Government for the purposes of clause (d) of sub-section (1) of section 35CCA.


The Court to which a decree is sent for execution shall certify to the Court which passed it the fact of such execution, or where the former Court fails to execute the same the circumstances attending such failure.


They have reached their house at about 5 p.m. and in the evening at about 8.30 p.m., the Inspector of Pothanur police inquired from him as to what he had seen in the morning of that fateful day.


Mere forbearance on the part of the creditor to sue the principal debtor or to enforce any other remedy against him does not, in the absence of any provision in the guarantee to the contrary, discharge the surety.


In this clause, ―tribal areas‖ means the territories which, immediately before the 21st day of January, 1972, were included in the tribal areas of Assam as referred to in paragraph 20 of the Sixth Schedule to the Constitution.


10. It is needless to say that the High Power Committee while making enquiry will be giving opportunity to the petitioner to have his say in the matter and to produce all the relevant documents before the Committee.


In view of such finding of the Investigating Officer in the case diary made in course of investigation of the case suggested the innocence of the petitioners and their criminal prosecution would amount to gross miscarriage of justice.


6. It is clear from the above extracted portion that the Dalpaties would not get any benefit of the past services rendered by them and they will not get any pecuniary benefit prior to the date of reappointment.


7. Mr.T.N. Verma, the counsel of the Vigilance, submits that the petitioner was the Circle Officer at the relevant period and he was the person, whose duty was to enquire the every detail of the lands in question.


From the above provisions it will clearly reveal that it is the duty of the employee to attend the office and if he wants to take leave then it is the duty of the employee to seek leave.


She was treated well there for quite some time, but thereafter the accused petitioner began to tease her intentionally and put her in the night shift so that finding her alone, he would gawk and smirk at her.


in his examination in chief , he did not mention the fact that the informator of PW1 had handed over to him feudal exhibit only as soon as the Investigating Officer of his case became the Investigating Officer .


according to the learned counsel for the appellant , in a report made , all the witnesses including the informant of the case were eye witnesses and they had abandoned the prosecution case set out before the police .


a copy of the decision may be sent to the Chairman , Hindu Religious Trust , Patna , or to be handed over to the Ritner Advocate , Mr . Ganapati Trivedi , learned Advocate for the Board .


heard Mr. Abbas Hyder , learned counsel appearing on behalf of the appellant and Mr. Manoj Kumar , learned counsel appearing on behalf of the respondent , under Order 41 Rule 11 of the Code of Civil Procedure .


the power of the Commissioner to review the decision of the Commissioner on facts is a case of a subordinate Judge , and their view on facts is final , on facts , as a first appellate decision .


therefore , this was the reasonable time of the transfer of the petitioner on account of the presence of the Rules , the authorities having power and living in the Patna Circle of the petitioner for 33 years .


2013 ( 1 ) BLJ a . ab . — Section 406 of the Indian Penal Code relates to punishment for criminal contravention of the trust which has been defined in Section 405 of the Indian Penal Code .


in the case of the Public Prosecutor being a regular Cadre of the Public Prosecutor , the State Government had no option but to engage the Public Prosecutor and the Additional Public Prosecutor from among the prosecution functionaries .


learned counsel for the petitioner is right in his submission that the procedure and mode of imposing liability and the recovery thereof such as in Clause 10 ( ix ) and Clause 17 above is to be found .


in this regard , he has referred to the judgment of this Court in the case of Ajit Kumar & Anr. vs. State of Bihar & Ors . , 2005 ( 2 ) PLJR 252 , reported in .


the mere non - identification of probate case as a suit would not take away the benefit of the judgment by holding the judgment to be vitiated , as is the case of the counsel for the appellants .


17- In the above view of the matter , we are of the opinion that the impugned decision of the Board to cancel the nominations of the petitioners in the concerned courses cannot be said to be just .


the reason behind the alleged incident as disclosed by the PW3 is that in the year 1997 , the appellants Mandal and Cheta Ram had caused the murder of one brother to him by name Madan Kumar Singh .


from a perusal of the judgment of the Trial Court as well as the First Appellate Court , it would appear that both the oral and documentary evidence have been taken into account before arriving at the findings .


which has been disposed of by the Chief General Manager of the respondent bank , being the appellate authority , by the impugned reasoned and annuation appellate order ( Annexure - 8 ) dated April 3 , 2002 .


on facts of the case , we are of the opinion that at the time when approval was granted , he was at the time before recommendation of the Departmental Promotion Committee before the superannuation of the petitioner .


there seems to be some controversy between them because for the last one and a half years , i.e. since the deceased came to Domaddih in her husband ’ s house , there was no conversation between them .


it could not be referred to in the course of cross examination in terms of the judgment of the learned trial court that the finding of the trial court was based on the alleged conduct of the defendant-appellants .


( I ) a school established and administered by the District Board and the District Council under the provisions of the Bihar and Odisha Local Self Government Act , 1885 ( Bengal Act , 2 of 1885 ) .


in other words , the Limitation Act has been held to be applicable to the proceedings filed before the Courts under the Code of Civil Procedure , but there is also a deviation from the above established law .


hence , there is contradiction in the statements of the witnesses and there is variation in their evidence , hence , on the basis of contradictory statement , the conviction is not sustainable in the eye of law .


it is to be borne in mind that it is only on the basis of suspicion that Ram Narayan , village Sarpanch , had made sure that the life of five persons , would come to an end .


( xix ) The brother-in-law of the deceased , and the electric thereof , were simple , claimed to have died during the pendency of the proceedings before the Tribunal , as such , could not be examined .


7 . the principles set up by the aforesaid special bench judgment of this Court have been reinforced by the Hon 'ble Supreme Court in the case of Ram Narain Sharma vs. State of Bihar ( supra ) .


subsequently , an amendment has been made by the claimants by packing sixty with the owner of the vehicle that the terms of the bus involved in the incident were No . BR - 1 P / 2786 .


according to him , the findings arrived at by the courts below on the point of receipt of amount of compensation arising out of acquisition of land under the Land Acquisition Act are based on conjectures and surmises .


the District Council was an exclusive depository of the same power with regard to the settlement work done by the District Magistrate in one of the Naghats disposed of by him under Section 35 of the Naghat Act .


we shall not take the challenge to the legitimacy of the adoption of the plaintiff No.1 by his adoptive father late Basdeo Narayan Tiwari at the request of the alleged heirs in the interest of the deceased respondent .


on a conjoint reading of the aforesaid clauses of the advertisement it is apparent that the appointment of the pharmacists in question has to be registered with the Diploma in pharmacy and in the Bihar State of Pharmacy .


advocate . - M / s R & D Pruded Sigers , R & G - Kare , Financial Institutions , FY & Notifications , Mr Pro - State , Mr Pro - on , FO . I .


while , the Tribunal has taken 15 as a feature on the basis of the age of the mother , who is the dependents of the victim , who has been found to be 45 years of age .


in the case of Vijay Kumar Singh Vs . State of Bihar & Ors . ( supra ) , the challenge in the Panchayat was to the reservation of 50 % for women provided by the State Government .


( 4 ) All matters except as otherwise provided in this Act as required for decision in the sitting of the Municipality shall be determined by a majority of the votes of the persons producing and voting . ”


the plaintiffs and the defendants are members of the joint Hindu family and the properties mentioned in Schedule A and A / 1 of the plaint are the properties of the plaintiffs and the defendants ’ joint family .


if any such application is filed , the competent authority shall take necessary steps , as soon as may be , under the Act , preferably within one month , in the light of the rule / provision .


as per the prosecution case , the complainant had a business relationship with M / s Swaroop Chemicals Private Limited incorporated under the Indian Companies Act , 1956 , the accused persons are the occupants and the employees .


at that time , Farasa Jha was armed with a farsa , Rudrakar Jha was armed with an arrow , Bhaskar Jha was armed with a pistol , Satyanarayan Jha , Pappu Jha was armed with a Lathi .


in para 11 , he admitted to purchase the land from the sons of Laxmi Kant Jha on the same day by the accused from the same survey plot number on which day he too purchased the land .


in view of the above , we are of the opinion that the issue of non explanation of the injuries on the person of the accused has not been considered by the High Court in the correct perspective .


without there being any explanation in this regard as to what had happened to the original sale deed , the plaintiffs had got the attested copy of the sale deed in this suit marked as Ex . 4 .


while the injury on the left paraffyto occipital region of the said deceased was found to be grievous , the remaining injuries were mere bruises , which could have been caused due to fall on the hard object .


L . Narasimha Reddy , Chief Justice . - is also wondering to mention that on an average two cases are going on in the High Court under the name of every teacher in the State of Bihar .


it was also the case of the plaintiff that at the time of vesting the return was furnished by the former landlord in the name of the plaintiff and thereafter the name of the plaintiff was also registered .


in my opinion , the market value determined by the learned lower court is an exaggerated value and is based on a range of Exhibit 1 which is not , in fact , an example of irreducible sale .


7- In the instant case , the second respondent had gone to the police along with the complaint , and as a result , the FIR was registered , in which the petitioners were shown as accused persons .


Hon ’ ble EAKSHIL Ahmed Ansari & amp ; Development Jain , JJ . Muse & Ors . vs State of Bihar Criminal Appeal ( DB ) No. 280 of 1993 . decided on 13th May , 2015 .


however , after complying with the requirements of Section 197 ( 1 ) of the Code of Criminal Procedure , the examinations made herein will not prejudice the rights of the complainant in any of the prosecution . "


in this regard , he has relied upon the decision of the Supreme Court in the case of Prakash Singh Badal and another vs. State of Punjab & 0rs . [ ( 2007 ) 1 SCC 1 ] .


thus , it is clear from the certiﬁcate filed by petitioner Shamsher Alam , that the petitioner herein is the petitioner that his age at the time of the incident was 17 years 9 months and 3 days .


learned counsel for the petitioner is right in his submission that the decision of the Division Bench in the case of M / s Mahaphave Laboratories Ltd . ( supra ) in full cover the controversy in question .


the enquiry committee , on enquiry , had entrusted a report to the District Magistrate - co - Collector , Gopalganj , with the finding that there had been serious irregularities in the process of selection and appointment .


( ii ) Whether the authority concerned should have furnished a copy of the inquiry report to the petitioner and it was only after receiving the note that he ought to have recorded a finding on the charges ?


( II ) if the penalty is to be charged after 30 days from the rate of 50 per cent of the arrears of the due date of payment , but sixty days from the date of payment .


according to Mr. Giri , learned counsel for the State , the proponent of both the petitioner and Munindra Choudhary are the same person and for the same he refers to the documents annexed to the counter affidavit .


learned counsel for the opposition also argued that at the time of submission of final forms , three circumstances arise , in which the choice of a Magistrate to take a decision is open and the Magistrate is made


the house of Arun Kumar in the north , the public pathway in the south , the eastern floor and the house of Prasoon Kumar in the east and the house of Professor Prema Devi in the west .


5- Having considered the relevant rules , this Court is of the opinion that the provisions of Rule 18 and Rule 20 aforesaid of the Patna High Court Rules are not mandatory , but are indicative in nature .


from a perusal of aforesaid , 2017 ( 4 ) BLJ a . , it is apparent that the applicant and his father had not been able to stay in the enquiry and his case was set aside .


7- Secondly , the learned counsel submitted that in the presence of the father and the mother , the minor defendants shall get a share only in the share of the father , i.e. , the natural guardian .