taking the possibility of a breach of peace in respect of immovable property , the defects in the preliminary order such as failure to describe the grounds of its satisfaction , will render the subsequent proceedings devoid of jurisdiction and bad in law .


in view of the findings as mentioned above , the learned first appellate Court had held in its judgment that at the time of execution of both the sale deeds , no amount of consideration was paid by the purchaser Bhago or Kunar .

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:


in my opinion , in view of the facts as alleged by the plaintiff in the plaint , it cannot be said that the suit itself was not maintainable , as it related to the placing of the entries on an vacant land .


6- The ADW-2 Kamlesh Singh , who was at home , at a distance of two intercepts from the place of occurrence , is also silent about the food of any other person or the injury sustained by the deceased during the accident .


advocate , M / s , startern , All India Kun , K . N . jhda , Signer Kyngh , e . G . , p . N . G . , App . App . , F or App ; Movie .


26- A copy of the first page of the judgment and the last page be furnished to Mr. Ajay Kumar Thakur , learned Amicus Curiae , so as to enable him to pay the prescribed fee by the Patna High Court Legal Service .


hence , the finding of the courts below that the gift deed is a disservice document as there is a consideration in it is a defective finding and in fact both the Courts below had dealt with the matter from an erroneous view .


in order to prove the case of the plaintiffs of the title of two Muslim women namely Bibi Mahbub Bakhsh and Bibi Saheb John on the suit land , they have not brought on record the registered sale deed or registered wakf deed .


however , in view of the findings of corrupt practices recorded by the Commission , the appellant shall not be entitled to contest election for five years from the date of the order as is designated by Section 482 of the 2007 Act .


19 . because of the medical examination , the relevance of the post mortem report is not found to be at all maintainable , hence , lapse on the same point has been found to be a major lacuna in the prosecution case .


it is relevant to mention here that on the settlement of the cross - examined sessions trials , the case of judicial office bearers acquires eight units , while for the disposal of unexcepted cases , they were getting three units per case .


we are categorically of the view that the said station diary entry on the part of the prosecution , being omitted to be brought on record , should not cause harm to any of the parties , which would be a relevant material .


at a preliminary point , there is a provision for remand by the appellate court under Order 41 , Rule 23 of the Code of Civil Procedure in the event of the settlement of the suit and the decree being reversed in appeal .


in this regard , within a period of four months from the date of receipt of such a representation , a decision may be taken and taken as per the orders given by the Secretary , Health Department and communicated to the petitioner .


( III ) A list of selected candidates recommended for appointment shall be sent to the Commissioner - cum - Secretary , Department of Health , Government of Bihar , Patna so that it may reach them up to March 30 , 2010 .


in this regard , it was pointed out by the District Superintendent of Education that the employment of the Education Mitra had been cancelled in the said Panchayat , but the applicant stated that the employment was not cancelled , they were working .


2- In the proviso to Section 4 of the relevant Ordinance , it has been clearly mentioned that such teacher / teacher personnel who is in addition to the standard division mentioned in the Ordinance , shall be deemed to have terminated voluntarily .


the appeal and the appeal memoranda filed by the petitioner were rejected , as against the order of punishment , by the orders as contained in paras 2 and 3 , respectively , confirming the order of punishment passed by the disciplinary authority .


24 . the facts of Om Prakash ( supra ) are more or less akin to the facts of the present case in which the deceased Manna Singh and Amit Pratap Singh were allegedly killed by the police officials in a fake encounter .


it is submitted that this is a case of false implication for obvious reason that Ramanuja Singh had shared a part in the grove of the mango from his father - in - law , Hari Darshan Singh as he had no son .


10 . in the case of United Bank of India Vs . Satyavati Tandon ( supra ) , the Hon 'ble Supreme Court in paras 1 to 6 has delineated the legislative history and purpose of the Act , 1993 in great detail .


the natural implication of the words for the purpose of enabling the court to compare is that any proceeding is pending before the court , in which , or as a result , it is necessary for the court to compare such writings .


( III ) The Court cannot act as a post office or representative of the prosecution as it has to consider the broad probabilities of the case , the evidence and the total effect of the documents produced before the Court , etc .


however , having been found to have proved the prosecution case against the remaining accused , namely , Ram Chital Masir , Mahendra Masi-head and Sukh Minar , the learned trial court convicted them accordingly and passed the sentence against them as aforesaid .


but neither Henj nor Msole ' s estate has been Wakf , from whose income the Alajat service of Ahurjata performance , the Shraddha Festival of Shraddhanas , the repair temple , etc . , is to be found by no means whatsoever .


the three members were in the late call on January 26 and during the first call on January 27 , within the circumference of the towers of the Forward Bloc , City which indicates that the office bearers were in the same area .


the admission of the argument of the learned counsel for the accused must , at the stage of framing the charge , be permitted by the accused to submit his defence and to examine him at that stage which is against criminal jurisprudence .


14 . the respondent authorities , especially the Accountant General and the Works Department , will also ensure that the pensionary deducted amount of the petitioner is refunded to him and the petitioner is given full pension from the date of his superannuation .


thus , where the purpose or the scheme is the same , where there is a continuity of the action then all the persons involved may be accused of the same or different offences committed in the course of the same transaction . "


Hon ’ ble Minister for National Policy Prasad Singh and Rajendra Kumar Mishra , JJ . Union of India , Ministry of Finance & Ors . Vs . Shri Guptawar Misra WJC No. 17517 of 2010 . decided on 29th Jun , 2015 .


Section 211 ( 1 ) declares that the executor or administrator of a deceased person , as the case may be , is his legal representative for all the purposes and that all the property of the deceased is so vested in him .


in these circumstances , the decision reported in [ ILR ( 1906 ) 33 Calcutta 713 ] in the case of Devendra Nath Dutta and another Vs . the Administrator General of Bengal [ will not apply to the case in hand . "


4- On the other hand , learned counsel for the plaintiff-respondent submitted that the petitioners as well as the defendant are in possession of the suit property of the respondent , hence , despite service of notice , the others have not appeared .


the other interlocutory orders passed by the Special Court or the Special Court , as the case may be , are thus not only appellate in view of the provisions prescribed under Section 14-A ( 1 ) of the Amendment Act , 2015 .


12- In the counter affidavit , the State has taken a party that the position is to be understood by reading the amended provision and reading the differences between the two notifications in which there is one in Hindi and another in English .


it is also argued that the suit shop is the only source of livelihood of the defendant and his expulsion , as against the requirement of the suit premises as pleaded by the plaintiff , would cause irreparable loss and injury to him .


under this Article , of no doubt , the High Court has the jurisdiction to ensure that all subordinate courts as well as statutory or judicial tribunals , too , exercise the powers vested in them , within the limits of their authority .


having deposited the said amount in the trial Court by the respondents for payment to the appellant within three months from today , the appellants shall execute and confine the sale deed in favour of the respondents in respect of the suit property .


the High Court is , therefore , entitled to see the reasons given by it in support of the order of the Sessions Judge and hold by it that the order is just or not in the facts and circumstances of the case .


in the presence of the internal and other members , the internal appraisal register was prepared at the time of the internal pilot test and all the members are required to put their signatures after the numbers received by the candidates were entered .


in cross examination , some questions were put to him by referring to him that in fact he was in his absence on the night of the incident and was not an eye witness to the incident but he has denied the same .


Hon ’ ble NAVALIT Prasad Singh and Neeloo Agarwal , JJ . Raj Mohan Singh @ Ranjit Singh Versus State of Bihar & Ors . LPA No. 198 of 2009 in CWJC No. 10199 of 1989 . decided on 8th April , 2016 .


that being so , the establishment of a permanent Lok Adalat having the power to deal with a pre - suit stage cannot be considered to be an intention to deal with an event other than the incident relating to the services necessary .


10- While answering the argument advanced by the learned counsel for the State as well as the private respondent , it was argued by Mr. Singh , the learned counsel appearing for the petitioner that it is a habit to carry the property .


Hon 'ble Development Jain , J. M / s huge rolling mills Pvt . Ltd . Vs . State of Bihar Energy ( Holding ) Company Ltd . & Anr . W.JJC No. 2311 of 2014 . decided on 25th April , 2016 .


26- In the result and for the foregoing reasons , we are of the considered opinion that the impugned judgment and order is not suffer from any infirmity , whether statutory or fact , which requires interference by this Court in the appeal .


the order of the Tribunal was set aside and that of Hon 'ble Ajay Kumar Tripathi , J. Vijay Narain Razak vs. Punjab National Bank through its Chairman and others , CWJC No. 13708 of 2014 . decided on 16th May , 2016 .


he , along with the deceased and Dilip , went to his grandfather ’ s house and was returning after feeding and stopped on the way to give up urine , while the deceased and Dilip ( as his irrible ) were advancing .


60- Learned counsel for the respondents , on the other hand , submits that in view of the following rules of interpretation , the provisions of the Food Act shall prevail over COPA : the latter Act shall prevail over the preceding Act .


according to the learned counsel , this issue relating to the death of Poona papasi is the most important and the crucial issue and on the basis of the finding on this issue , the fate of the plaintiff 's suit is dependent .


the defendants have clarified that since the remarriage of the plaintiff ’ s mother was taking place , the fear was in the mind of Suka Devi and Jhalo Devi that might sell the fair property , therefore , the Will was executed .


according to the learned senior counsel , the restricted partition deed was not included with the said house for partition among the four branches as the said property of Varanasi is the self acquired property of the plaintiffs ’ father Badri Nath Misra .


Hon 'ble Ajay Kumar Tripathi and Rajiv Ranjan Prasad , JJ . Mujiwar Yadav & Ors . Vs . State of Bihar & Ors . ; LPA No. 1296 of 2015 in CC No. 444 of 1992 decided on 20 September , 2017 .


13- In the facts of the present case where the provisions regarding the co - members have been found to be non reasonable and against the objective and object of the organisation of the appellant and wide spread against the entire work force .


in para 16 , he had admitted that if he would construction work in the hut on the north side of his house in the west of Pitch road , the entry and exit of the accused would be closed in that circumstance .


their membership , however , could not be imposed on the petitioner no . 1 Committee as it is within the exclusive jurisdiction of the petitioner no . 1 Committee to consider his application to make a person a member of the Committee .


it is seen that the first information report of the accused 01 Ashish Kumar ( Bihar Police ) aged 25 years , Aman Kumar age 21 years , 03 Amar Nath Sehni , 04 . Vijay Kumar were standing on the road side .


the pension of the petitioner shall be restored and the deduction made from the pension of the petitioner should be refunded , expeditiously and preferably within a period of three months from the date of receipt / submission of copy of this order .


when he had reached near the place of occurrence , he had seen Surendra Singh armed with a pistol and , along with two unknown persons , running towards the northern side , Anu Kumar Singh and Bablu Singh armed with a bangle .


33 . in the case of General Officer Commanding ( supra ) , in para 23 , the Supreme Court observed that in order to save a public servant from unnecessary harassment or prosecution , the admission of the appropriate authority is necessary .


in the years to come , four successive land acquisition proceedings had taken place to make this acquisition formal , but the failure of the Government to grant the money awarded and for other reasons all of them had been allowed to lapse .


according to him , having regard to the age of the appellant being 19 years ( at the time of the incident ) and social background , life imprisonment and fine of Rs . 10,000 / - with default clause were very high .


Hon ’ ble NAVpolicy Prasad Singh and Neeloo Agarwal , JJ . Rekha Kumari ( Seenka ) Versus State of Bihar & Ors . Civil Reforms , Nos. 292 of 2016 IA No. 1575 of 2012 . decided on 15th February , 2017 .


but , even in the absence of records , sending a person into custody , that too , on the basis of an affidavit of the office bearer in respect of an age of twenty years , is totally impermissible to do so .


Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be.


Provided that nothing in this clause shall apply to the publication of any report of the proceedings of a secret sitting of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State.


(i) under the Government of India or the Government of a State where the salary or remuneration for such office is paid out of the public revenue of the Government of India or the Government of the State, as the case may be; or


(5) The rights in respect of leave of absence (including leave allowances) and pension of the Judges of the Supreme Court shall be governed by the provisions which, immediately before the commencement of this Constitution, were applicable to the Judges of the Federal Court.


Provided that after the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954, no decision affecting the disposition of the State of Jammu and Kashmir shall be made by the Government of India without the consent of the Government of that State.”


“Provided that after the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954, no decision affecting the disposition of the State of Jammu and Kashmir shall be made by the Government of India without the consent of the Government of that State.”.


(d)  the person along with his connected persons shall not be entitled, directly or indirectly, to more than twenty per cent of the profits accruing or arising to the eligible investment fund from the transactions carried out by the fund through the fund manager.


Provided further that for the purpose of calculating the actual capital sum assured under sub-clause (c), effect shall be given to the Explanation to sub-section (3) of section 80C or the Explanation to sub-section (2A) of section 88, as the case may be :


(i)  the statement referred to in clause (a) of the said sub-section in respect of such income is not furnished on or before the due date specified under sub-section (1) of section 139 for furnishing the return of income for the previous year; or


(vii) developing and building a housing project under a scheme for affordable housing framed by the Central Government or a State Government, as the case may be, and notified by the Board in this behalf in accordance with the guidelines as may be prescribed83;


(d) to the National Urban Poverty Eradication Fund set up and notified by the Central Government in this behalf, the assessee shall, subject to the provisions of sub-section (2), be allowed a deduction of the amount of such expenditure incurred during the previous year.


(e)  an eligible transaction in respect of trading in commodity derivatives carried out in a recognised association, which is chargeable to commodities transaction tax under Chapter VII of the Finance Act, 2013 (17 of 2013), shall not be deemed to be a speculative transaction.


(i)  all the assets and liabilities of the amalgamating co-operative bank or banks immediately before the merger (other than the assets transferred, by sale or distribution on winding up, to the amalgamated co-operative bank) become the assets and liabilities of the amalgamated co-operative bank;


(i) "convertible foreign exchange" means foreign exchange which is for the time being treated by the Reserve Bank of India as convertible foreign exchange for the purposes of the law for the time being in force for regulating payments and dealings in foreign exchange;


(1) The decree shall agree with the judgment: it shall contain the number of the suit, the names and descriptions of the parties, their registered addresses, and particulars of the claim, and shall specify clearly the relief granted or other determination of the suit.


(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognisable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed 2[ten thousand rupees.]]


For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court.


The above document, the other documents filed along with the writ petition, and the counter affidavit filed by the University clearly reveals that the pay scales of the Upper Division-Lower Division Assistants/Clerks are different from those of the other categories of Class III employees.


According to the prosecution, the authors of the injuries on the persons of the deceased were the appellants and the said injuries were caused by sword and Bhujali which the appellants were holding in their hands at the time of assaulting the deceased persons.


It is not open to the court to prevent regular recruitment at the instance of temporary employees whose period of employment has come to an end or of ad hoc employees who by the very nature of their appointment, do not acquire any right.


14. Therefore, if the judgements referred above are examined in the light of the facts of the case, we are of the firm opinion that there is no illegality in the order passed by the detaining authority as well as by the State Government.


Likewise, out of 56 seats, 5 seats are reserved for Most Backward Class (OBC-I) and their roster points are 4, 20, 32, 48, 54 and 3 seats have been reserved for other Backward Class (OBC-11) and their roster points are 12, 28 and 40.


Out of the aforesaid five merit lists, as per roster point, first candidate will be of General category, on the basis of his merit, and he will be given option of 18 faculties in a Post Graduation, out of which he can choose one.


This Court has been approached by the petitioner under Article 226 of the Constitution of India which is equity jurisdiction and I am of the considered opinion that the petitioner is entitled for the deed of conveyance to be executed by the respondents forthwith.


in the light of the seizure list , the Investigating Officer , PW-5 , in the light of the statement of the witnesses , submitted the charge sheet against all the four accused persons nominated in the fardbeyan Police Station Case No.36 / 02 .


( 1 ) ( xv ) — Acquittal — In view of the provision of sub — section ( 3 ) of Section 401 of the Code of Criminal Procedure , a revision application was not required to be referred to a Division Bench .


18 . in view of the fact that the assault has not been seen by any of the prosecution witnesses , it would be difficult for us to sustain the conviction of the appellant on the basis of the allegations mentioned in the fardbayan .


learned counsel for the petitioner has drawn my attention to the copy of Appendix - 3 ' of the petition , i.e. , the statement of the victim girl , which has been serialised in the instant petition as the opposite party No. 2 .


in the English language it is commonly known that property is said to be in the possession of a person , if he is the owner thereof , even if he may for the time being be out of actual possession or constructive possession .


the said judgment does not take note of earlier judgment of this Court in the case of Smt . Vidya Sinha vs. State of Bihar & Ors . , 1995 ( 2 ) PLJR 616 , at Paragraph 5 , held as under : —


according to the petitioner , his son , Prabhat Ranjan , took 4 / 4th of the land from Madhubar-Municipal Council on rent of Rs . 300 / - per month and deposited Rs . 10 , 000 ( ten thousand ) as deposits .


it has also been submitted by the counsel for the State that in the form prescribed under the Scheme , the record will be fresh recommendation for grant of pension in favour of the petitioner by the State Government along with the non-availability certificate .


behind the admission of this case on behalf of the appellants , the entire sport was to prevent the daughter of Madhuban Churi Chaura from earning any interest or benefit by adopting the wrong manner in his share and property left by his father .


the judgments referred by the learned counsel appearing on behalf of the petitioner will not be of assistance to the case of the petitioner as the facts and circumstances of those cases are entirely different from the facts and circumstances of the present case .


12- The learned first appellate court had taken note of the fact that on the one hand the defendant had described the suit land as his / her book land whereas on the other side they claimed that they are a tenants of privilege .


by so holding , the Court while considering an application under Section 166 of the Act , does not find any fault in the exercise of jurisdiction by the Tribunal while not making any deduction in respect of the personal expenses of the deceased .


22- The learned senior counsel has submitted that there was a specific averment in the written statement that Sokha Kundar had made a gift in favour of Satya Narayan Dubey and a partition had taken place in the family prior to the revision survey .


he has argued that for the second reason the non-fulfillment of the enquiry report with a query notice has severely injured the case of the petitioner and such procedure as adopted by the disciplinary authority is in violation of the principles of natural justice .


the terms under the Act can be ordered to be made by the Registrar ( Collector ) or by a competent civil court , after hearing both the parties , the cancellation of any deed , which has not been done in this case .


it has also been stated that the deceased Shivanandan Beldar was not a resident of the village where the incident took place and his residence is about one kilometer away from the spot and hence his presence at the place of occurrence is doubtful .


the determination dated 4th July , 2008 referred to above has also been held to be ultra vires Rule 20 of the aforesaid Rules of 2006 in Renu Kumari Pandey Vs . State of Bihar reported in 2011 ( 3 ) PLJR 497 ) .


Ex.9 is the table prepared by the plaintiff 's expert , PW-11 himself and the disputed handwriting and signature of defendant No. 1 in this table is the detail of handwriting and signature as well as the admitted handwriting and the detail of signatures .


the appellant is discharged of his bail bonds on 28th October , 2013 at Hon ’ ble Ramesh Kumar Dutta , J. Mrs. Munni Devi Vs . State of Bihar & Ors . CWJC No.344 of 2009 . decided on 28th October , 2013 .


9- Similarly , the issue of maintainability was considered on the basis of availability of alternate statutory remedy in a delayed stage in M / s . Sh . Ram Ware ’ s case ( supra ) and this is also a settled situation .


21 . in view of the above discussions and the law laid down by the Apex Court , it is held that the suit was not transferred to the plaintiff merely on the basis of the agreement as there is no registered sale deed .


the impugned notification does not disclose the reason and circumstances for giving the benefits of promotion from October 18 , 2003 instead of the date of completion , whereas in similar cases , the government had provided for promotion from the date of finish .


( 5 ) On completion of the Lok Adalat , the record of the suit cases shall be in the custody of the Secretary / Taluka Committee of the District Authority , as the case may be , the Chairman of the District Authority .


at that time the post of pharmacists was a district cadre post , so the terms were not to be divided into a ratio of 1 / 3 after the division of the State of Bihar and the constitution of the State of Jharkhand .


( e ) In the light of the recommendation of School Education Committee / School Education Committee / Inspecting Officers , Panchayat education friend may at any time be terminated by the Panchayat by giving prior written notice of one party to the Panchayat .


it is true that the prosecution claimed that the father and informants of the deceased were also sleeping inside the place but this fact has also been decided on the balance of probability , on the basis of the evidence produced by the prosecution .


according to the defendant , a loan was taken by Kairat Hussain but in the sale deed it is clearly stated that a loan was taken from the first wife of Khairat Hussain , namely , from Bibi Ahemadi from the mother of Jammal .


7- We have heard the counsel for the learned Principal Additional Advocate General , Muzaffarpur Properties Private Limited , Smt . Shahida Hassan and the counsels of various dignitaries who have filed applications in these appeals both on facts as well as on law .


thus , even then , the right to appear in court would be subject to compliance with the conditions laid down by the courts such as practicing outside the courts would be subject to the conditions laid down by the Advocate Council of India .


it is for this reason that in a police case , all the procedures followed by the Magistrate during the investigation , such as , remand , issuing of warrants , the proclamation , attachment is only on the application of the investigating agency .


Hon ’ ble Eakearly Ahmad Ansari and Anjana Mishra , JJ . Dhiraj Kumar Singh & Ors . Versus State of Bihar & Ors . , 1995 SC 434 of 2012 . CC No. 19240 of 2011 . decided on 18th November , 2014 .


Hon ’ ble Minister Navjivan Prasad Singh and Jitendra Mohan Sharma , JJ . Ram Lakhan alias Ram Chandra Mehta & Ors . Versus State of Bihar , Campp . ( DB ) No. 53 of 1992 . decided on 14th November , 2014 .


14 . the truthfulness or otherwise of the allegations in the complaint had to be seen at the time of trial . having heard the parties , I am of the considered opinion that the allegations made in the complaint are patently mala fide .


the entire work will necessarily be completed by the respondent District Magistrate , West Champaran , Bettiah within a period of two months from the date of appearance of the petitioner as indicated above and the date of filing of the representation by him .


the aforesaid case was of the Central Excise Act and section 35H of the Central Excise Act provided that an appeal and reference should be made to the High Court within 180 days from the date of communication of the judgment of the order .


the petitioner , who is a tenant in the house of one Pappu Sah , has suspected in the FIR that Pappu Sah , his nephew Shanni Kumar and his sister Anjil Devi may engage in the abduction of the son of the petitioner .


referring to the Sale Deeds brought on record along with the writ application , he added that the said road has been described as the " Home Guards " course , meaning thereby that the " SALE " of the Home Guards is " .


according to him , the impugned order of suspension is bad in law , contrary to the order of Rule 9 ( 1 ) ( c ) of the Rules of 2005 , and hence , deserves to be set aside by this Court .


36- A great deal of force has been given on the part of the appellants on the level of the witnesses and it is submitted that the witnesses were not competent to testify the signatures of the accused Ramballav Chaudhury on the separate papers .


the time-gap would be a material factor between the point of time when the accused persons were seen together with the deceased to have relied upon as an circumstance against the accused for the evaluation of the evidence and the detection of the crime .


however , while allotting the share , the report of the Pleader for the said house made by the defendant-appellant was not given to the share of the appellant , hence also the report of the pleader Commissioner is liable to be set aside .


a perusal of the same reveals that the notice / requisition , as a first step in the process of initiating a no - confidence motion , is necessarily to be served to the Principal ; even though the motion is proposed against him .


the Rule under Article 309 of the Constitution has a legislative feature and in the light of the power available to the State under Article 162 of the Constitution , the Executive judgement cannot substitute the Rules framed under article 309 of the Constitution .


in the course of cross examination , in paragraph 2 , he stated that when he reached the place of occurrence , he had also met the accused persons including 5-7 persons except the members of the prosecution and the wife of the deceased .


on the other hand , the case of the complainant is that there was no need for the State Government to take admission as the petitioner and other constable doors had deliberately broken open , intended and forcibly entered the house of the complainant .


12- Thus , from the ratio laid down by the Apex Court in the case of Prakash Singh Badal ( supra ) , it would be clear that an issue of non admission by an aggrieved person at the initial stage can be raised .


thus , if the date of birth was also recorded by the petitioner in the service return on the basis of the certificate furnished by the petitioner , it is not beyond the question nor will the respondent company be bound by him . "


21- In the facts of the present case , one of the rooms of the premises was found to be in a armoury , which was the premises in which there were number of rooms which were occupied by various members of one family .


on this basis , he has specified the judgment of the Hon ’ ble Supreme Court reported in AIR 1973 Supreme Court 1045 ( State of Tamil Nadu vs. M / s Barseen Shell Oil Storage Distribution Company of India Limited and another ) .


15 . after going through the judgments of both the Courts below and considering the rival submissions submitted on behalf of the parties , it is apparent that there is no dispute about the fact that the defendant is the tenant of the plaintiff .


whereas the Tribunal has taken 15 on the basis of the age of the mother as a multiplier , which is the dependents of the victim , aged 45 years , while in the present case , the deceased was aged about 28 years .


consequently , the S.D.O. Babusai , has visited the house of the petitioner with a request to vacate the premises of the officer incharge of the Police Station , Gulusai , Chief Officer , Inspector , Sadar Babusai and Women Police Station , Babusai .


so far as appellant no.1 is concerned , in the light of the discussions made hereinabove , we , in the light of conviction under Section 302 IPC , to that of his conviction under Section 304 Part I of the Indian Penal Code .


in the present case , the Court has proceeded on the ground that it is permissible for a minor to file a suit for setting aside a decree for a minor on the ground of gross negligence on the part of his next friend .


in the said decision of the Indian Veterinary Council , it was held that the Net may not be made a pre - requisite for the recruitment of the academic workers , if the Net is treated as a barrier for the recruitment process .


in the case at hand , the document did not contain any legal declaration with respect to any property being owned by Mahanta Balivari Das , and that there was no arrangement of any of the properties of the deceased testator or the gods .


Hon ’ ble Noble Jiwan Prasad Singh and Neeloo Agarwal , JJ . Shri Ram Janaki Thakurbadi & Ors. vs. State of Bihar & Ors . LPA No. 1381 / 13 in CWJC No. 6521 of 1990 . decided on 15th February , 2016 .


12- Mr. Anshul Raj , learned counsel for the complainant has argued that the law laid down by the Hon 'ble Supreme Court in the case of Priyanka Srivastava and Another ( supra ) would not apply to the facts of the present case .


in his report dated 30th October , 2011 of the Medical Board on 27th August , 2011 , it is the report that the petitioner is not able to get the two infirmities , such as the strength of weak numbers 1 and 3 .


in the Theory / Pilot Examination conducted by the Board , the end result is published on the basis of the marks provided by the College to the Committee as identified by the individual candidates in the internal evaluation and performance of the candidates .


however , after the raid , a case being Sewan Nagar Police Station Case No. 165 / 2002 was registered under different Sections of the Indian Penal Code as well as under different sections of the Drugs and Prevention of Food Act , 1940 .


15- Coming to the case on hand , from the perusal of the material on record , it would appear that the husband has given a vivid description of his mental trouble at the hands of the wife and physical hardship to some extent .


( I ) There are only two cases of recent nature and the balance has been found to be past , as such , there is no justification for the petitioner to be treated as a habitual offender within the meaning of the Act .


the neighbour of the informant , who had come to the place of occurrence , along with the informator , had taken all the injured victims to the Raforal Hospital , Serwa from where the injured were specified to the Sadar Hospital , Siwan .


on account of rash and negligent driving of the drivers of aforesaid vehicles , he had collided with a Maruti van bearing registration number GJ - 160K / 3349 , on account of the rash and negligent driving of the drivers of aforesaid vehicles .


Hon 'ble Ajay Kumar Tripathi and Rajiv Ranjan Prasad , JJ . Sulabh International Social Service Organisation vs. State of Bihar & Ors . LPA No. 242 of 2016 Arising out of W.JC No. 3384 of 1997 . decided on 4th May , 1997 .


14- In the written statement filed on behalf of the respondents , that reasons are set out in detail which we may call to be behind issuing such an order of termination by the appointing authority at the behest of the higher authority here .


3- Section 6-A of the Employees ' Provident Funds and Miscellaneous Provisions Act , 1952 ( for short , the ' Act ' ) provides for the preparation of a pension scheme by the Central Government by publishing a notification in the Official Gazette .


16- This is for me to examine it as to whether on the basis of the allegations of the first stage , the learned Magistrate was required to proceed against the woes even without the requisite sanction required under Section 197 of the Code .


at this stage , the liability of the court is limited to the extent of finding out that from the material placed before it , in view of further proceedings in the case , an offence alleged therein is made out against the accused .


Hon 'ble Ajay Kumar Tripathi and Neeloo Agarwal , JJ . Sudesh Kumar & Ors . vs . Syed machine Ullah & Ors . LPA Nos. 1412 of 2013 Cri . JC . No. 2790 of 2011 . decided on 21st February , 2017 .


15- From the material on record , it is apparent that there is also a dispute on the status and entitlement of the parties which is to be properly accounted in the light of the order ( Annexure H ) of the High Court .


34- In the fifth case , i.e. , CWJC No. 666 of 2016 , the petitioner is an office bearer of the Indian Police Service of the Jammu and Kashmir Cadre and at the relevant time was Deputy Inspector General of Police , Chhapra .


(d) land reforms by way of acquisition by the State of any estate as defined in article 31A or of any rights therein or the extinguishment or modification of any such rights or by way of ceiling on agricultural land or in any other way;


(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;


(d) until other provisions are made by Parliament by law, there shall be allotted to the State of Sikkim one seat in the House of the People and the State of Sikkim shall form one parliamentary constituency to be called the parliamentary constituency for Sikkim.


2. There shall also be paid to the President and to the Governors of the States such allowances as were payable respectively to the Governor-General of the Dominion of India and to the Governors of the corresponding Provinces immediately before the commencement of this Constitution.


The institutions known at the commencement of this Constitution as the Benares Hindu University, the Aligarh Muslim University and the 1[Delhi University; the University established in pursuance of article 371E;] any other institution declared by Parliament by law to be an institution of national importance.


(f) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled as soon as may be practicable by the Speaker of the House of the People and in accordance with the provisions of sub-clauses (a) and (b).


(e) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled as soon as may be practicable by the Speaker of the House of the People and in accordance with the provisions of sub-clauses (a) and (b).”.


Provided further that for the assessment year beginning on the 1st day of April, 2003, the deduction under this sub-section shall be ninety per cent of the profits and gains derived by an undertaking from the export of such articles or things or computer software:


(aj) on or after the 1st day of April, 2014, where the specified business is in the nature of setting up and operating a semi-conductor wafer fabrication manufacturing unit, and which is notified by the Board in accordance with such guidelines as may be prescribed


(b)  in a case where the total income of the assessee is assessable only for two of the aforesaid three assessment years, one-half of the aggregate amount of the adjusted total income in respect of the previous years relevant to the aforesaid two assessment years;


(xi)  any transfer made on or before the 31st day of December, 1998 by a person (not being a company) of a capital asset being membership of a recognised stock exchange to a company in exchange of shares allotted by that company to the transferor.


(3) Where the cost of the long-term specified asset has been taken into account for the purposes of clause (a) or clause (b) of sub-section (1), a deduction from the amount of income-tax with reference to such cost shall not be allowed under section 88.


(a) the amount of capital gain arising from the transfer of the original asset not charged under section 45 on the basis of the cost of the new asset as provided in clause (a) or, as the case may be, clause (b) of sub-section (1),exceeds


[Provided that in case of an investment in eligible start-up, the provisions of this sub-section shall have the effect as if for the figures, letters and words "31st day of March, 2017", the figures, letters and words "31st day of March, 2019" had been substituted.


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


(ii)  owned by the assessee at any other place, being accommodation in the occupation of the assessee, the value of which is to be determined under clause (a) of sub-section (2) or, as the case may be, clause (a) of sub-section (4) of section 23.


(iii)  it is carried on by an Indian company and the work by way of repairs to ocean-going vessels or other powered craft has been commenced by such company after the 31st day of March, 1983, but before the 1st day of April, 1988; and


(6) The amount of deduction in the case of the business of a ship shall be thirty per cent of the profits and gains derived from such ship for a period of ten consecutive assessment years including the initial assessment year provided that the ship—


(1) it is expressed in writing and registered under the law for the time being in force for the registration of 1[documents], and is made on account of natural love and affection between parties standing in a near relation to each other ; or unless


However, beyond the distance of 1 km from the boundary of the protected area till the extent of the Eco-sensitive Zone, the establishment of new hotels and resorts shall be allowed only in pre-defined and designated areas for Eco-tourism facilities as per Tourism Master Plan.


Such finding appears to be an error of record, in view of the fact that the date of surrender was claimed to be of the year 1938, and the settlement claimed to have been made in favour of Sheikh Karamat, is of the year 1949.


The above document, the other documents filed along with the writ petition, and the counter affidavit filed by the University clearly reveals that the pay scales of the Upper Division-Lower Division Assistants/ Clerks are different from those of the other categories of Class III employees.


Secondly, it has to be realized that every member of the community is able to live with safety without his or her own life being endangered because of the protective arm of the community and on account of the rule of law enforced by it.


5. I have gone through the paragraph 16A where the law under Section 8 of the Hindu Succession Act, 1956 laid down the scheme of succession to the property of a Hindu dying intestate. The schedule classified the heirs on whom such property should devolve.


Learned counsel for the appellant drew our attention to the statement of the respondent-complainant and pointed out that the respondent-complainant, in his statement, admitted that at Jamshedpur office, the senior most officers were the Engineers and amongst the Engineers, the respondent was the senior most.


The escalation in cost after a lapse of 20 years is nothing but a high handed act of the Housing Board to somehow build pressure on the petitioner so that the execution of the deed of transfer may be avoided till some ex-payment is received.


hence , from the aforesaid rules , it is apparent that a delegated authority is not competent to remove a non-gazetted employee from his service and that is only the appointing authority who is able to remove a non-gazetted employee of the Railways from service .


however , reading of the order contained in Annexure-26 in the instant case is only a description of the findings given by the Principal Secretary , which has already been held to be vitiated for various reasons indicated in the back part of the order .


the other aspect of the matter is that even if it is held that the title was not passed to their mother , then the property remained the property of their father and on the death of their father the plaintiff would be the owner .


" applying this principle , a religious configuration has to be held to be a specified person for the benefit conferred under him or to be a public man or a public arrangement according to his being or belonging to the classes thereof . " "


27- In view of the above facts and circumstances of the case and the settled principles of law laid down by the Apex Court , the statutory representatives of the original plaintiff , who is respondent , have no right to relief in the suit .


12 . in the case of Hero Vinod vs. rest of the month 2006 ( 5 ) SCC 545 , the Supreme Court has held that the finding or appreciation of fact from the averments or contents of a document is a question of fact .


due to said marriage , the persons accused in the complaint petition , who are the father , mother and relatives of the so — called wife of the complainant , became aggrieved and tried to take life of both the complainant and the victim .


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


in the present case , the District Magistrate , Monghyr had relied on the recommendation of the Superintendent of Police , Monghyr and he has placed the burden on the SDPO , Monghyr when the investigation was conducted on the Superintendent of Police , Monghyr .


the Inspector of Police Station had made available the services of the informants to A . s . Vidyananda Chowdhury , Counsables 367 , Sant Vilas Singh , Counterabul 11 . 57 Ramdev Singh , Counsables 1154 , Yamunana Isshad and Hawaldar Shri Niwas Singh .


the land had been settled and since then the defendants have been in possession of them and they have been receiving the revenue receipts issued by the old land owner and the State Government , as also the receipt of the guard in their favour .


on the basis of the arguments presented , the learned trial court had framed the issues out of which , point No. 4 relating to the relationship of landlord and tenant and issue no.5 relating to personal necessity would be relevant for the present purpose .


9- Mr. Shivanandan Roy , learned senior counsel appearing on behalf of the respondents , on the other hand , submitted that the attachment of the property was made prior to the decision in the money suit filed by the plaintiffs in the year 1950 .


he has submitted that at the relevant time , the petitioner was a Government servant and as such sanction was necessary from the competent authority before the filing of the complaint petition and in the absence thereof the cognizance is not totally permissible in law .


in the course of the cross examination of the plaintiff , paras 5 and 8 of her statement recorded in the instant context are the clinching evidence and the same is reproduced hereunder : “ 5 . the Market Complex , was formed in 2003 .


it will be against para 60 of the Employees ' Provident Fund Scheme , 1952 , by making it less suitable for its employees in the CPF scheme of the Corporation , 1960 and thus will be hit by the exemption clauses of the Act .


the plaintiffs had stated that it was found settled between the parties that the plaintiff would pay a sum of Rs . 15 , 000 on which the defendant / respondent no.1 would execute a Mahadeama ( sale agreement ) in favour of the appellant .


the important feature of the power of the police is not only the power to investigate into the commission of a cognizable offence but also the power to prosecute by filing a report or a charge under Section 173 ( 2 ) of the Code .


the status of a full time subordinate employee from the date of reference of dispute , that too , as a peon , is the decision of the Labour Court to grant an unwanted order or award , proceeding beyond the jurisdiction of the Tribunal .


the learned Single Judge , after following the order of the Division Bench in Letters Patent Appeal No. 1343 of 1998 arising out of CWJC number 9547 of 1997 , held that the entire service rendered by the petitioner from 1973 to 2002 was pensionable .


the witnesses had not stated that after the ground had fallen on the floor , the deceased was dragged by the appellant to the field of gun from a place near a well which was at a distance of about 20 feet from the well .


32- In the case of Hukunddeo Narayan Yadav vs. Lalit Narayan Mishra [ AIR 1977 SC 480 ] the Hon 'ble Court had held that Section 5 of the Limitation Act would not apply to an election petition under the Representation of the People Act .


Deep Narain Tiwari ( appellant ) had tied both the hands of the deceased and all the accused had taken her to the western side of the cattle shed of Jitendra Singh and Bharat Singh and had told her that he would also be killed .


: * 12 ( 3 ) The inquiry for the age of every case relating to a child or a juvenile contravening the law shall be made by the Court or the Board or , as the case may be , the Committee seeking evidence —


17 . from a perusal of the judgment of the courts below , it appears that both the Courts below had become very affected on the evidence and plea that the defendants have been in possession of the property for a long period of time .


therefore , it is not far to hold that order passed in the revenue proceedings or the survey proceedings for proceeding to advance the claim of title of the suit land on the suit land cannot be a decisive factor in favour of the plaintiffs .


24 . the admission of the Investigating Officer to the case of the prosecution can be treated as a serious lacuna ; the same has been considered in the form of Lahu Patil vs. State of Maharashtra reported in 2013 ( 6 ) SCC 417 .


on information of the watchman , the police had arrived at before whom he gave his fardbeyan and then disclosed his suspicion against the accused persons who might have caused the murder in the aforesaid background as well as for the money and gold chain .


advocate , M / s S . s . SAHEA , NIMA , N , N . p . , N . J . & N , Laksmain , Govt . of Gujarat , Govt . of India , Financial Institutions , F or App .


the suit property is for the purpose of agriculture only and , therefore , in view of the pendency of the consolidation proceedings , the suit is not maintainable as notification under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act has been issued .


on the facts of that case , when it was found that the decree being binding on the living defendants , it was not a nullity against them , but had become infructuous only in respect of the deceased , the defendant and his heirs .


it would appear from the record that in more than hundred cases decided by the petitioner , it would tantamount to ten cases which amounts to a impugned case , but he has contested all of them in the assessment tables set forth by him .


the learned single Judge , after hearing the counsel for the parties , had directed the learned Single Judge to re-prepare the merit list by complying with the principles of reservation and Roster as per the relevant date and then to take a final decision .


similarly , they had conducted post mortem examination on the dead body of one of the three years daughter of deceased Arati Gupta and Sanjeev Gupta ( PW18 ) and also one of their five year old son Sachin @ Golu on the same day .


3 . if the grievance is received regarding the employment of a Panchayat Education Mitra and the examinations are found to be illegal , they can be removed , but in their place the employment of a new Panchayat Educational Mitra would not be maintainable .


7- The power of the investigating agency to give effect to the seizure of bank accounts having been retained by the Supreme Court now it is to be seen whether in the present case the seizure is in consonance with the prerequisites of such act .


Hon ’ ble Mengeshwar Sahu , J. Jayanandan Paswan & Ors . ( in both ) Versus Shimamdar Shiv Kumari Devi & Ors . ( in both ) Foreign Appeal Nos. 22 of 1983 with 1 of 1989 . decided on 1st July , 2014 .


the height between the foundation stone and the level of the road will decrease with every new level of the road , if the height of the building is determined by the level of the road and not by the level of the base pillar .


10- Furthermore , from the above referred judgment , it is apparent that the classification of an offence as bailable and non-bailable is one aspect , whereas , the power to be exercised by force while keeping the custody of the accused is another aspect .


the lower court also held that so far as the properties in Schedule 4 were concerned , these properties were acquired by the zirst advance and , hence , which may be known as ziradvance , would continue to be in possession of that land .


however , in order to remove the Principal Counter / Deputy Councillor , a by a majority of the vote of no - confidence in the light of sub - section ( 4 ) of Section 25 of the Act of 2007 will be passed .


a new scheme has been introduced on 19 February 2007 , where clause 5 of the scheme shows that the benefit would be that of the grantee to the extent of the land holders where the award has not been prepared before the due date .


a ﬁght of twenty minutes was His Excellency Hant Kumar Srivastava , J. — Employees ' Provident Fund Organization vs. M / s . public cold storage , Maharashtra & Anr . CWJC No . 6920 of 2010 . decided on 18th November , 2014 .


the Inquiry Officer shall complete the further enquiry within a period of one month from the date of receipt / presentation of a certified copy of this order and thereafter the authority awarding the punishment shall take a decision within a period of fifteen days .


equally , because of the non- examination of the Investigating Officer , despite their presence in the testimony of the concerned witnesses , the relevant contradictions could not be brought on record statutorily and the details of the place of occurrence are also not present .


23- In view of the above established principles of law , the presumption of legality and correctness of the document is in favour of the appellants and thus , this document is a stumbling block in the course of the plaintiff to re-open the partition .


from a perusal of the judgment of the lower court , I find that the court below has held that since the plaintiffs have concealed the best evidence and had not produced the original sale deed , he is not entitled for declaration of title .


50- The situation in which we are , we are clearly of the opinion that in the facts of the present case and the circumstances associated with the instant case , the benefit of the doubt should have been granted to the appellants at least .


according to the Subordinate Judge , the amount of compensation at the rate of Rs . 480 / - per khattha determined by the State of Bihar is very low and not close to the market value of the land at the time of acquisition .


the heinous and serious crimes of the mental disorder or the offences like murder , rape , dacoity , etc . , cannot be appropriately quashed , though the family of the victim or the victim as well as the offender have satisfied the dispute .


even during the pendency of this proceedings , when the writ petitioner , who is the appellant , had retired , a letter written by the Principal of the College to the University shows that the writ petitioner had retired as in-charge of the Laboratory .


18 . in the factual background of the matter as mentioned above , I am of the opinion that the complaint submitted is only a ramifications of action taken by the petitioner against the son of the complainant in his capacity as a Police Officer .


moreover , according to the evidence of AW1 in para 7 , the distance that lies between him and the matter which is self imposed speaks volumes for there could not have been the presence of the deceased except as a passenger of a train .


10 . on a perusal of the order passed by the Board and the Court of Session , I find that the reason for refusal of bail is not in consonance with the provisions prescribed under Section 12 ( 1 ) of the 2000 Act .


in the instant case , considering the above facts and circumstances of the case , I find that the plaintiffs had come to this Court during the course of their stay in the hands of this Court and the respondents were dragged to this Court .


according to the learned counsel , the gift deeds are ‘ barrier ’ in the way of title of the plaintiffs and unless the plaintiffs save the gift deeds , the suit in respect of the property covered by the gift deed is not maintainable .


he had stated that both the brothers were taken to give some vegetables to the informant and how the brother was detained on the same pretext by the daughter - in - law of the informant , which appears to be a very natural conduct .


it is only on the basis of the record in the electronic meter that it is able to give a contrary effect to the contrary subject of criminal proceedings of a consumer under Section 126 of the Act as affirmed by the discussions made above .


since the final decree prepared is contrary to the preliminary decree and is prepared for the amount of rake , it is liable to be set aside , in consequence the sale effected in execution of the final decree is also to be set aside .


it is not the plea of the Committee that on account of detection of new facts , the requirement of reviewing the order passed by the Division Bench 14 . we do not find any manifest error on the record of the order under review .


NavPolicy Prasad Singh , J. — Heard learned counsel for the appellants / State and also learned counsel for the writ petitioner / respondent — learned counsel and , with their consent , this appeal has been heard at this stage only for final disposal .


it is further submitted that if any adverse inference is recorded against the owner during the course of conduct of trial , then in that event , the Insurance Company would be at liberty to recover the amount from the owner of the shock vehicle .


apart from the oral evidence of the aforesaid witnesses , the fardbayan bears the signatures of the informant and the post mortem report of the deceased were also proved by the prosecution during the trial , which have been marked as exhibit-1 and 2 respectively .


however , if the term is taken along with the proviso to Section 49 of the Act , it is clear that in respect of the complaint filed in accordance with the Specific Relief Act , the deed of contract is found to be admissible .


therefore , considering the facts , circumstances , pleadings and the evidence available on record in the present case , we are of the view that it would be just and proper to take monthly income of the deceased to Rs.6,000 / - per month .


as regards the subject of reference , the following discussion is said to be a meaningful and enlarged construction in the Code , by applying ( b ) to the wider meaning , where the literal meaning is not in accordance with the legislative object .


Hon ’ ble Aditya Kumar Trivedi , J. Hon ’ ble Mr. Manish Kumar Chand & Ors . vs State of Bihar & Ors . Civil Reway No. 504 of 2016 in W.JC No. 4315 of 2011 . decided on 21sist Jun . , 2017 .


6- Having heard the petitioners and the counsel for the State and on perusal of the record , I find that the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act are of an uncompoundable nature .


14- In the written statement filed on behalf of the respondents , that reasons are set out in detail which we are here referring to the intention behind issuing such an order of termination by the appointing authority at the behest of the higher authority .


Hon ’ ble NAVALIT Prasad Singh and Jitendra Mohan Sharma , JJ . M / s . Ganapatto Products Pvt . Ltd . Vs . State of Bihar & Ors . vs . W.JC No. 913 of 2016 . decided on 18th November , 2016 .


hence , in essence , the submission made on behalf of the petitioner is that the defect was committed by the learned lower court in repelling the tone of the petitioner and on account of this , the impugned order deserves to be set aside .


learned counsel for the complainant / opposite party no.2 has also relied upon ( 2007 ) 2 SCC 711 ICICICI Bank Ltd . Vs . Prakash Kaur and others and ( 2012 ) 1 SCC 1 SCC 1 , StileCredit Finance Limited vs. S. Vijayalakshmi .


at the same point , none of the prosecution witnesses , including the informator , have been cross examined to the extent that the field of the aforesaid wheat was at least away from the alleged incident site , namely , Bainli bridge or not .


5- In view of the pleadings of the parties , the Trial Court framed as many as 12 issues , out of which , issue no . 7 and issue no . 11 were material issues in the context of the second appeal in hand .


Hon 'ble Hemant Gupta , Executive Chief Justice and Sudhir Singh , J. M / s Ugandhi India Insurance Co . Ltd . Vs . Most Mangli Devi & Ors . Misc . Appeal No. 419 of 2013 . decided on 24th January , 2017 .


( ii ) record a finding with respect to the evidence specified in any of them , or in the absence of which clause ( b ) shall be the conclusive proof of age with regard to the juvenile contravening such child or law . "


1 [ Full Bench ] Hon 'ble Hemanta Gupta , Executive Chief Justice , Anjana Mishra and Sudhir Singh , JJ . Mahanta Ram Kinkar Das v. State of Bihar and others , CWJC No. 421 of 1988 . decided on 17th January , 2017 .


it was also affirmed by Principal Assistant in - charge , Chandra Narayan Prasad , working at the time that the said certified copies were signed by the then Chief Officer , Haveli , Kharagpur Kumar , and a brief signature was put by him .


21- Coming to the facts of the present case , for the reason marked hereinabove , I am of the considered opinion that it would be nothing but an abuse of the process of the court to allow the prosecution to continue against the petitioners .


(a) a member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor of the State, resign his office;


(2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the formation of the State of Nagaland or for such further period as the Governor may, on the recommendation of the regional council, by public notification specify in this behalf,—


j) all courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of the State of Sikkim shall continue on and from the appointed day to exercise their respective functions subject to the provisions of this Constitution;


Explanation.—Where any amount is withdrawn on closure of the account in a previous year in which the business carried on by the assessee is no longer in existence, the provisions of this sub-section shall apply as if the business is in existence in that previous year.


(3) Nothing contained in sub-section (1) shall apply where the amount of unabsorbed depreciation allowance or of the unabsorbed investment allowance, as the case may be, or the aggregate amount of such allowances in the case of a domestic company is less than one lakh rupees.


(b) "eligible project or scheme" means such project or scheme for promoting the social and economic welfare of, or the uplift of, the public as the Central Government may, by notification in the Official Gazette, specify in this behalf on the recommendations of the National Committee.


Explanation.—Where the business or interest in such business is transferred in a previous year in which such business carried on by the assessee is no longer in existence, the provisions of this clause shall apply as if the business is in existence in that previous year;


(a)  the amount of depreciation actually allowed to him under this Act or under the corresponding provisions of the Indian Income-tax Act, 1922 (11 of 1922), in respect of any previous year relevant to the assessment year commencing before the 1st day of April, 1988; and


(i)  in respect of any previous year relevant to the assessment year commencing on the 1st day of April, 1988, the aggregate of the written down values of all the assets falling within that block of assets at the beginning of the previous year and adjusted,—


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


(b)  the shareholding of the sole proprietor in the company is not less than fifty per cent of the total voting power in the company and his shareholding continues to remain as such for a period of five years from the date of the succession; and


(b)  "net consideration", in relation to the transfer of a capital asset, means the full value of the consideration received or accruing as a result of the transfer of the capital asset as reduced by the expenditure incurred wholly and exclusively in connection with such transfer.


Provided that such deduction shall not be allowed in computing the total income of any of the ten previous years aforesaid in respect of which the industrial undertaking is not a small-scale industrial undertaking within the meaning of clause (b) of the Explanation below sub-section (8).


(b) in the case of a decree passed against a firm, power to grant leave to execute such decree against any person, other than such a person as is referred to in clause (b), or clause (c), of sub-rule (1) of rule 50 of Order XXI.


the attachment shall be deemed to be withdrawn, and, in the case of immovable property, the withdrawal shall, if the judgment-debtor so desires, be proclaimed at his expense, and a copy of the proclamation shall be affixed in the manner prescribed by the last preceding rule.


Contracts entered into through an agent, and obligations arising from acts done by an agent, may be enforced in the same manner, and will have the same legal consequences, as if the contracts had been entered into and the acts done by the principal in person.


(2) The Zonal Master Plan for the Eco-sensitive Zone shall be prepared by the State Government in such manner as is specified in this notification and also in consonance with the relevant Central and State laws and the guidelines issued by the Central Government, if any.


Thus, the benefit of sub-section 2 of Section 19 of the Act, can be availed by the petitioner on the article of the Food only if he has proved that he has sold the salt in the original condition as he had purchased from the manufacturer.


(iii) to maintain and manage the principal market yard and sub market yards and to control, regulate and run the market in the interest of the agriculturists and licenses in accordance with the provisions of this Act and the rules and the bye-laws made thereunder; 3.


However, the decision not to fill up those posts should be taken on bona fide and should not be arbitrary and the vacancies are proposed to be filled, the State is obliged to fill them in accordance with merit from the list of the selected candidates.


This benefit will be given to the petitioner by the respondent-State within a period of four weeks from the date of receipt of a copy of the order of this Court, in accordance with law, Rules, Regulations, policies and enforceable government orders, applicable to the petitioner.


21- For the aforesaid reasons , the impugned judgment and award is set aside , the claim submitted by the claimant from the date of filing of the claim application till the date of its recovery is allowed with interest of 9 % payable to him .


13- In view of the above , particularly in view of the decision of this Court as quoted above , the intendment of the notice or the Attorney of the executant Court does not clarify and at best it can be said to be mere irregularity .


the father of the petitioners had claimed his lenient right on the ground that the same was declared a share cropper right only in 1957 by the competent authority in terms of Section 49E of the B . t . Act on the lands in dispute .


9- However , even at this stage , if the complainant is willing to take recourse to the arbitration process , he is permitted to do so and even quashing of the present proceedings would not have any effect on any civil claims of the Plaintiffs .


since , by value , the issue of the suit being obstructed by the provisions of Section 34 of the Court fee and the provisions of Section 34 of the Specific Relief Act is interconnected , I shall proceed to deal with the said issues together .


9- If this is the position on the first allegation , then it is clear that the Principal Secretary has ignored certain very important facts and has not taken into account the argument or favour of the petitioner with regard to the payment of repetition Kumari .


15 . having seen so , by no flight of imagination , this Statute is by no stretch of imagination , by no stretch of imagination , the Special Director has no such inherent power or statutory power as he is not required in this case .


it was also not her case that the money decrees and the auction sale in the execution proceedings were received by the defendant in collusion with the father , uncle and grandmother of the plaintiff by the first group as they were hostile towards her interest .


in view of the law laid down by the Apex Court in the case of Bhajan Lal ( supra ) , the Court is absolutely competent to interfere with such prosecution under Section 482 of the Code of Criminal Procedure , which has been repeatedly reiterated .


3 . the legality and pension of the aforesaid order of the learned counsel for the petitioner has been moved by challenging the validity of paras 119 of the Pension Regulation 1 ( 1961 ) and para 29.1 of the Pension Payment instruction ( 1973 ) .


17- In the case of Rameshwar Yadav ( supra ) , the situation was quite different and it was a case of a retired soldier from the army and the offence of murder was committed and the conviction was recorded after retirement of the concerned employee .


in order to check this , it is necessary that the Director General of Police , Bihar should organize a training programme for the police officers working at the Police Station , Zone , to acquaint them with the provisions of the Act at regular intervals .


for in the field of other important departments of the highest knowledge of material progress and in the field of advanced medicine , the people of India should not be deprived of the best part of the country ' s genius which can produce hidden talent .


the case of the writ petitioner is that due to the new Code of Criminal Procedure , the control of the Department of Police over the services of the Assistant Public Prosecutor was to be over , but the State Government was not issuing necessary notification .


on account of sudden death of a livelihood holder , a scheme of appointment on compassionate ground was drawn only by the Union of India and also by the public undertakings and different States for the purpose of showing kindness to the family of deceased employee .


33 . it is relevant to state that the Law Commission of India had advised that the office of the Public Prosecutor should always be held in consultation with the Sessions Judge by a member of the Bar on a panel prepared by the District Magistrate .


9- Though in the case of Santosh Devi , the Hon 'ble Supreme Court has taken note of the ratio of decision rendered in the case of Sarla Verma ( supra ) , particularly the so-called last three lines of para 24 of the said judgment .


by issuing the injury report , only the nature of the injury and the weapon used could be ascertained : acquittal cannot be said to be just — Order of acquittal can be set aside and remand matter to the trial court for a fresh decision .


5- The documents submitted on behalf of the defence are Ext.-A , which is the attested copy of the FIR dated 7.7.1998 , which is the attested copy of the fardbeyan of Ext.A / 1 , which is the attested copy of the fardbeyan dated 6.7.1998 .


( b ) any agreement , the so called object or object of which is to get the benefit of either of the parties by specifying the fluctuation in the value of the shares or debentures or of any of the bargain for shares or debentures ;


11- Keeping in view the entire facts and circumstances of the case , we do not find any illegality or impropriety in the order passed by the learned Single Judge , but there are certain things which are required to be added to the present proceedings .


9 . the learned trial Court , in the course of the trial , after considering the oral and documentary evidence brought on record , came to the conclusion that Gokul Ahir had only one son Ramlha and had no son of the name of Mathura .


18 . admittedly , the alleged incident had taken place in the year 1983 on account of a minor dispute in demand of wages and the prosecution could not be able to establish the fact as to who had given a fatal blow to the deceased .


the learned Chief Judicial Magistrate , Aurangabad , by an order dated 11th February , 2013 , held that since the alleged offence was not committed on the highway and , therefore , a stretch of sixty days in the case of the petitioner would apply .


16- As would be evident from a reading of the provision of Section 15 of the Act , it is the Registrar who is the head administrative office bearer of the University and he has to perform the duties specified in Section 15 of the Act .


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


it is his case that in the event of an application being made by the petitioner against the first application also , in the terms of the second advertisement it was clearly stated that the eligibility was to be considered in connection with the advertisement first .


31 . it may be mentioned that in the instant memorandum of the second appeal , question has not been raised on the validity of the hearing ex parte , as it would appear from the material questions of law framed in the memo of appeal .


but in special circumstances including emergency situations , the recording of information in writing and sending a copy of the same to the higher office bearer can be postponed by a reasonable period of time , i . e . after search , entry and seizure .


according to the learned counsel , since the first appeal can be decided only on the question of law , that is , in the admitted facts and circumstances of the case , the suit filed by the plaintiff is barred by the law of limitation .


( 4 ) The definition of " easement " in sections 25 and 26 and 2 shall not apply to cases arising in the territories to which the Indian easement Act , 1882 ( 5 of 1882 ) , shall for the time being , extend .


in the instant case , before a year has been passed by the defendant No. 2 , the property has been sold to defendant No. 5 , thus , the plaintiff was not in a position to perform his share of the contract within one year .


further submission is that it was for the plaintiff to fill up , that the fact of payment of consideration should have been proved to Sheikh Atatullah , who was brother of Sheikh Sharuuddin , but the plaintiff did not examine Sheikh Atatullah as a witness .


it is also the case of the appellant that the opposition numbers 2 and 3 had induced and persuaded the appellant to purchase the land as the ground was free of charge / liability and the case was not the subject matter of any confiscation proceedings .


because of the fact that due to her neglect , the petitioners have not been able to give the correct place of the so - called incident place and also to bring out the material sequence of events leading to the evidence of the prosecution witnesses .


this witness has also stated in para 4 of his cross-examination that at the time of admission of the case , Sukhdev and Lal Ji were present and in connection with filing of the case , he had gone to the Court of Chief Judicial Magistrate .


it is further apparent from the evidence of the witnesses that the house of Samhulah and the flour mill of Safi Alam were also not shown by the Investigating Officer during the inspection of the spot , though the same was accepted by the prosecution witnesses .


8- According to the learned counsel , in view of Section 40 of the Transfer of Property Act , the gift deed ( Ex.2 ) shall not affect the right of the defendant , which is based on a compromise deed prior to the gift deed .


2- It is also apparent from the basic order of the District Programme Officer and the order of the Collector that on the next day of the festival of Holi , the petitioner was not found present at the inspection of Anganwari Centre of the petitioner .


( 3 ) An award based on a settlement arrived at between the parties can only be challenged by filing a petition under Articles 226 and 227 of the Constitution of India and challenging the violation of the procedure prescribed in Section 20 of the Act .


it is concluded by the argument that the erstwhile Divisional Education Officer , Manjhi , and pre - operative section in the planning unit is totally guilty , for which the teacher planning process could not be completed and no candidates could be put to employment .


12 . accordingly , I hold that so far as the locals held by the Central Government and any other State Government are concerned , the said Act is ultra vires the Constitution of India as it does not have any legislative competence to that extent .


( I ) All Rules of Resolution instructions , etc . , in respect of employment of elementary teachers / physical teachers / panchayat educator / Education friend in the rural area shall be deemed to be repealed from the date of effective of this Rules .


in the above view of the matter , we are of the view that it was properly argued by the learned counsel appearing on behalf of the appellant that the matter probably does not fall within the ambit of Section 302 of the Indian Penal Code .


provided that the provision shall apply to all the Committees , from the primary committee to the top committees , provided also that such reservation shall be governed by the rules made under this Act for the purpose of the first Committee and the Apex Committee .


the Hon 'ble Court had upheld the power of the Committee to make its own bye - laws on the touchstone of independence of contract and on the right to constitute a union guaranteed by Article 19 ( 1 ) ( c ) of the Constitution .


further , according to his principal examination , it is apparent that he disclosed the door of the informant to be the door of the place of occurrence whereas in paragraph 9 , he had shown the door of Rupal Rai as the place of occurrence .


on the same day , on perusal of the injury report issued by the Primary Health Centre , Kurseela , he examined Prakash Chandra Roy and received the following injuries : ' 1 On the right side of the cheek , four dark discs of firearms .


on the contrary , the respondents submitted that the alleged house was in such a position that it could not have been mentioned as house and , in fact , on the day of the tour of the Pleader Commissioner , the cultivated crops were there .


apart from this decision , learned counsel relied upon another decision of the Supreme Court in the case of State Bank of India and another vs. M / s . m . s . w . International Limited and another , AIR 2011 Supreme Court 2906 .


9- The only dispute that arises in the writ petition as well as in the appeal is as to whether the appellants were entitled to the benefits which were granted to them by the Land Rural Bank at Bhagalpur , despite the constitution of the respondent .


it is unequivocal that the act of any public official vested with the statutory authority under the Special Marriage Act / because of the record of fact , the Marriage Certificate is a public document under the provisions of the Chapter of the Special Marriage Act .


on the other hand , it has not been narrated by the appellant that the home and the Sapta are not the sine qua non of rituals according to the family traditions , nor is there any such statement in the written statement nor in evidence .


12- With regard to the nature of injuries which were found on the said dead body , no question has been put to either by the prosecution or the defence on account of the findings of the doctor and / or his opinion and the death .


he also explained that one of the acquitted accused persons was a resident of the present Head and one Bharat Bhushan @ Pappu was his previous head while one of the acquitted accused was trying to contest the elections for a member of the Panchayat Committee .


then , at that stage , it could be treated as a petition for the grant of letters of administration and for that , the following requirements were to be made available : ( a ) The time and place of the death of the deceased .


he is : - ( a ) Whether the date of the incident will be the reckoned for the purpose of determining the age of the alleged offender as a juvenile offender or the date when he is presented here to the Court / competent authority .


120 . parties to civil suit and husband or wife of a person under their wives or husband or criminal trial shall be , in all civil proceedings , parties to the suit and the spouse of any party to the suit , the competent witness .


6- On the other hand , learned counsel for the State submits that in case of lump tax the due date for payment will be the date of registration and in case of failure to do so , a penalty of 200 % will be imposed .


8- The Hon ’ ble Supreme Court in Vir Pal Singh vs. Ministry of Defence , ( 2013 ) 8 SCC 83 , on the basis of report of the Medical Board , was examining the case regarding premature release of personnel of the Armed Forces .


denial of the report of the Inquiry Officer , before it has been decided by the Disciplinary Authority to establish the innocence of the employee has a reasonable opportunity to deprive him of the legal jurisdiction and is in violation of the principles of natural justice .


39 . Furthermore , it is apparent that from the written statement itself , the appellant / defendant had denied their presence on the alleged deed of settlement , on account of which , the aforesaid sequence of events was known to the respondent / plaintiff .


the heinous and serious crimes of the mental disorder or the offences like murder , rape , dacoity , etc . , cannot be appropriately quashed , even though the family of the victim or the victim as well as the offender have satisfied the controversy .


on the other hand , if any wrongdoing has been committed in the discharge of such duties assigned to him by a public servant , which is not on the basis of the delegation of any sovereign power , there shall be a claim for damages .


the external injuries . the eyes were closed , the face was closed , the face , neck , chest , both upper arms , burns on the upper part of the back , the left waist , the right thigh and the feet were burnt .


10 . such being the position , the argument of the petitioner / defendant on that a material justice is to be provided , has to be considered not only in favour of the petitioner / defendant but also in favour of the respondent / plaintiff .


Hon 'ble Ajay Kumar Tripathi and Rajiv Ranjan Prasad , JJ . State of Bihar & Ors . Vs . Skills Kumar Tiwari LPN No. 829 of 2015 Arising out of came to be no . 1699 of 2008 . decided on 28th July , 2017 .


in other words , if there is a specific averment in the complaint , that is , there is an averment of insulting or adducing with an intention to honour the name of the caste , the express power is not entitled to any anticipatory bail .


5 . prima facie , the order of the respondent authority to attach the salary of the petitioner does not support the provisions pertaining to the provisions of Section 60 or Order 21 Rule 48 of the Code of Civil Procedure as relied upon by him .


so far as there is a question of rumour regarding the absence of character of the wife of the respondent , none of the witnesses including the husband had given any such evidence with regard to proving the mischaracter of the opposite party before the marriage .


learned counsel for the petitioners has also argued that as per the terms and conditions of the hire-purchase agreement , the financer had every right to take possession of the vehicle again , had the default in payment in the monthly installments making the hire purchase .


the mere refusal of the accused to do away with the absence of any explanation was held to be inconsistent with the innocence of the accused , but consistent with the hypothesis that the appellant is the principal accused in causing the murder of his wife .


it is not in dispute that after the appearance of the accused in the Court of Special Judge , a large number of documents forwarded by him to the Court , along with the report of the Investigating Officer , were made available to the accused .


The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.


During every succeeding period of two years, the number of posts reserved for the members of the said community in the said services shall, as nearly as possible, be less by ten per cent. than the numbers so reserved during the immediately preceding period of two years:


75. Emoluments, allowances, privileges, and rights in respect of leave of absence, of the President and Governors; salaries and allowances of the Ministers for the Union; the salaries, allowances, and rights in respect of leave of absence and other conditions of service of the Comptroller and Auditor-General.


(i)  any equity share in a company being a constituent of BSE-500 Index of the Stock Exchange, Mumbai as on the 1st day of March, 2003 and the transactions of purchase and sale of such equity share are entered into on a recognised stock exchange in India;


(i) the accommodation is owned by the employer, the value of the accommodation determined at the specified rate in respect of the period during which the said accommodation was occupied by the assessee during the previous year, exceeds the rent recoverable from, or payable by, the assessee;


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


Provided that for the assessment year beginning on or after the 1st day of April, 2021, the provisions of this sub-section shall have effect as if for the words "a sum equal to one and one-half times of", the words "a sum equal to" had been substituted.


Provided that for the assessment year beginning on or after the 1st day of April, 2021, the provisions of this sub-section shall have effect as if for the words "an amount equal to one and one-half times of", the words "a sum equal to" had been substituted.


Explanation.—Where the moneys payable in respect of any asset referred to in this sub-section become due in a previous year in which the business is no longer in existence, the provisions of this sub-section shall apply as if the business is in existence in that previous year.


Provided that in a case where the provisions of this clause do not apply, the deduction to be allowed for expenditure incurred remaining unallowed shall be arrived at by subtracting the proceeds of transfer (so far as they consist of capital sums) from the expenditure remaining unallowed.


(a)  by the amount of depreciation actually allowed to him under this Act or under the corresponding provisions of the Indian Income-tax Act, 1922 (11 of 1922) in respect of any previous year relevant to the assessment year commencing before the 1st day of April, 1988; and


(b)  the amount by which the compensation or consideration is enhanced or further enhanced by the court, Tribunal or other authority shall be deemed to be income chargeable under the head "Capital gains" of the previous year in which such amount is received by the assessee :


Provided that where the date of the agreement fixing the amount of consideration for the transfer of immovable property and the date of registration are not the same, the stamp duty value on the date of the agreement may be taken for the purposes of this sub-clause:


74. (1) Where in respect of any assessment year, the net result of the computation under the head "Capital gains" is a loss to the assessee, the whole loss shall, subject to the other provisions of this Chapter, be carried forward to the following assessment year, and—


(a)  "approved charitable institution" means an institution specified in, or, as the case may be, an institution established for charitable purposes and approved by the prescribed authority under clause (23C) of section 10 or an institution referred to in clause (a) of sub-section (2) of section 80G;


(iiihj)  the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities constituted under sub-section (1) of section 3 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999); or


(8A) The amount of deduction in the case of any company carrying on scientific research and development shall be hundred per cent of the profits and gains of such business for a period of ten consecutive assessment years, beginning from the initial assessment year, if such company—


For the purposes of preventing solemnisation of mass child marriages on certain days such as Akshaya Trutiya, the District Magistrate shall be deemed to be the Child Marriage Prohibition Officer with all powers as are conferred on a Child Marriage Prohibition Officer by or under this Act.


The same is subject to sub-rule (2) Sub-rule(2) carves out exception to the said normal rule and provides for determination of any preliminary issue, which relates to jurisdiction of the court or a bar to the suit created by any law for the time being in force.


It appears from the evidence of the witnesses that they have given contradictory evidence in the FIR While in the FIR the informant stated that it was Ashish Sao, who snatched the Gadasa from the hand of Dilip Sao and gave him a blow on his head.


The material facts related to the occurrence have been brought on the record in the statement of the witnesses which includes the place of occurrence, as such, the prosecution case was well proved and the judgment of the Trial Court did not deserve to be interfered with.


13. The learned counsel has been successful in establishing that the fee structure at Dhanbad is at the lowest whatsoever, in view of the hike in the fee structure in parlance with the 6th Pay Commission and in the face of financial constraints, it is apparently justified.


11. After giving careful thought to the arguments advanced by the respective parties and going through the entire record, the objection regarding cause of action. The first question, which has to be examined is as to whether suit was maintainable at the time when it was instituted.


The girl was of easy virtue who tried to demolish the image and reputation of the petitioner in the society by levelling false allegation and therefore, the criminal prosecution of the petitioner would result in the miscarriage of justice by dragging an innocent person to criminal prosecution.


The counsel for the respondent- Union of India has also tendered a letter dated 13.7.2011 written by the Under Secretary to the Government of India, to this Court, wherein it has been stated that with regard to the misuse of coal there is no report of misuse.


18. (1) An employee, other than an employee on probation or an employee appointed on a temporary basis shall not leave or discontinue his service in the Corporation without first giving notice in writing to the competent authority of his intention to leave or discontinue the service.


He relied on the judgement of Supreme Court in the case of Kolla Veera Raghav Rao vs. Gorantla Venkateswara Rao, reported in (2011) 2 SCC 703 and the judgement of Madras High Court, in the case of Natarajan vs. The State, reported in 1991 Cr.L.J. 2329 MAD.


it was submitted that when the High Court reduced the sentence from six months to one and a half month , there should not be any further commutation in the sentence by this Court in the exercise of the discretionary power under Article 136 of the Constitution .


11- For this reason , it is quite clear that the prosecution has not been able to interrelate the recovery of the sample exhibits from the petitioner and hence , the finding of guilt of the petitioner by the courts in question is found to be unproved .


in view of the prohibition contained in Section 401 ( 3 ) CrPC , it was all the more obligatory on the part of the High Court to see that it did not by an indirect law translate the finding of acquittal into a finding of conviction .


25- It is thus clear that if the original proceeding has become meaningless by the subsequent event , it would be obligatory on the part of the Court to take such proceeding which is in the interest of justice which involves the disposal of a futile trial .


it is not dependent on either the case of Government servants deputed in other countries at the instance of the Government to deal with specific problems either for the performance of special duties imposed on public servants or for the investigation of specific concerning their technical obligations .


so far as the delay is concerned , according to law , limitation will commence from the date when the right to sue had accrued and not from the date of death of Faujdar Choudhary as in this case , the plaintiffs ' property was in possession .


it is submitted that so far as the reliance placed by the learned counsel for the State on the decision rendered in the case of M / s Master Maritime Services ( supra ) is concerned , the said judgment is not relevant in the present case .


12 . learned counsel for the respondents submitted that it is not necessary for the plaintiff to challenge the decree passed in the rent suit which was a collusive and misial decree and hence , it may be shown to be impunity of subsequent proceedings or laches .


within a period of two months from today , it would be the liability and responsibility of the total Secretary of the University to make full calculation and payment to this account , within a period of two months from any source or fund available to him .


he further submitted that the prosecution witnesses developed the prosecution case and made contradictory statements in the course of investigation as well as in the trial and , therefore , the prosecution could not succeed in proving the place of occurrence and the manner of the incident .


as per the request of the learned counsels , the exponent of + 2 appointed in government schools was always the government servant and was entitled to the same salary and allowances and other service benefits of which the government servants or the government schools have teachers .


the defendants raised a plea that the total area of the suit plot no.640 was 3 Kathas 4 Dhurar 10 Dhurir which was purchased by plaintiff Mahto the defendant No. 1 from Chandeshwar Mahto North and Babu Lal Mehto by Gianito the father of defendant No. 1 .


as stated above , the fact of the case stated above before the Supreme Court is similar to the facts of the present case and in the same facts and circumstances , the Hon 'ble Supreme Court had laid down that the Trust was a private trust .


the description of the eye witnesses shows that the shot was fired at about 8 : 00 pm and the post mortem had taken place in the prevehicle at 3 : 00 pm , which means that it hardly occurred after around 8 hours of the incident .


this Court shall , therefore , direct the Vice-Chancellor of the University of Magadha to constitute a regular governing body in terms of Section 60 of the Act within a period of two months from the date of receipt / presentation of a copy of this order .


11- The learned Amicus Curiae , Mr. Bidhnesh Mishra , and Mr. Arvind Kumar , appearing on behalf of both the respondents , while upholding the acquittal of the accused persons , were defending the judgment of acquittal by referring to the circumstances from the prosecution evidence .


12- It is apparent that the above referred provisions were not brought to the notice of the Division Bench in the case of the learned Single Judge or State of Bihar and Others vs. Chandrika Rai and Others ( Letters Patent Appeal No. 1343 of 1998 ) .


according to the learned counsel , since the plaintiff is a rural , illiterate lady , the burden is on the defendants to prove that the plaintiff had , in fact , put her thumb mark after understanding the contents and implications of the document , Ext.A .


16- We have considered the above decisions and also a number of decisions in the matter of the Hon ’ ble Supreme Court and the High Courts going to AIR 1933 Pra Council 63 ( Hans Raj Gupta & Ors. vs. Dehradun Electric Triangle Company Limited ) .