if a statute gives finality to the decision of the Tribunal , it has to be taken into consideration whether the Tribunal has the jurisdiction to grant the relief which would normally be granted by a civil court .


it also decided that the activities of the management of the prisoner were to prevent a part of the business and to prevent it is an act of management that is entirely in the discretion of the management .

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:


by this Award , in addition to some money and a room 7 bighas of waste land was assigned to him for the maintenance of Ram Sunder Puran , which is from the schedule to the written statement .


with reference to these , a new stipulation was laid down in the 2006 resolution that for their regularization for a period of five consecutive years , it would be required to be completed by 240 days each .


it has also been submitted on behalf of the appellant that the appellant is a resident of a nearby village and the subvillu of the appellant , namely , Suresh Gobind , is a co-villagers of the informant-petitioner .


it would be sufficient to reproduce a cut from the impugned judgment in which the learned trial court had observed : " the evidence of the prosecution at the point of the death of the victim is doubtful .


in the aforesaid background , now the evidence of the prosecution witnesses was to be taken note of , for which , the paramount evidence is to be seen by the evidence of PW-7 Dr. Rohit Ram Kalgia .


10- Learned counsel for the appellant , however , referred that there is some discrepancy in the statement of the witnesses examined in the court and also in the statement made before the police and the written report .


Hon 'ble Aditya Kumar Trivedi , J. Rajiv Kumar @ Rajiv Kumar @ Rajiv Kumar vs. State of Bihar & Anr . Criminal Appeal ( J ) No. 852 of 2016 . decided on 8th March , 2017 .


from 25 . 10 . 2010 to 5 . 11 . 2010 delivery was to be made and the customer Bajrang Traders were to deliver the delivery from the premises of M / s Raghavendra Traders at Hyderabad .


(3) The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritime zones, of India shall be such as may be specified, from time to time, by or under any law made by Parliament.


(1) Where by a Proclamation issued under clause (1) of article 356, it has been declared that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament, it shall be competent—


Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State:


C.O. 48, In exercise of the powers conferred by clause (1) of article 370 of the Constitution, the President, with the concurrence of the Government of the State of Jammu and Kashmir, is pleased to make the following Order:—


C.O. 48 In exercise of the powers conferred by clause (1) of article 370 of the Constitution, the President, with the concurrence of the Government of the State of Jammu and Kashmir, is pleased to make the following Order:—


(i)  any funds of the trust or institution are invested or deposited after the 28th day of February, 1983 otherwise than in any one or more of the forms or modes specified in sub-section (5) of section 11; or


(a)  the amount paid or payable (whether in or out of India) to the assessee or to any person on his behalf on account of the carriage of passengers, livestock, mail or goods from any place in India; and


(b)  all the partners of the firm immediately before the succession become the shareholders of the company in the same proportion in which their capital accounts stood in the books of the firm on the date of the succession;


(iiia)  in relation to the financial asset allotted to the assessee without any payment and on the basis of holding of any other financial asset, shall be taken to be nil in the case of such assessee ; and


(c)  the expressions "amalgamated co-operative bank", "amalgamating co-operative bank", "amalgamation", "business reorganisation", "co-operative bank", "demerged co-operative bank", "demerger", "predecessor co-operative bank", "successor co-operative bank" and "resulting co-operative bank" shall have the meanings respectively assigned to them in section 44DB.


(e)  "eligible issue of capital" means an issue made by a public company formed and registered in India and the entire proceeds of the issue is utilised wholly and exclusively for the purpose of carrying on the business of—


(2) The deduction specified in sub-section (1) may, at the option of the assessee, be claimed by him for any three consecutive assessment years out of 71[seven] years beginning from the year in which the eligible start-up is incorporated.


(b) any lump-sum payment paid or payable to an employee at the time of termination of his service or superannuation or voluntary retirement, such as gratuity, severance pay, leave encashment, voluntary retrenchment benefits, commutation of pension and the like.


(2) Where the Court so directs, such proclamation shall also be published in the Official Gazette or in a local newspaper, or in both, and the costs of such publication shall be deemed to be costs of the sale.


Provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground not set out in the plaint, if such ground is not inconsistent with the grounds set out in the plaint.]


Provided that a petition for annulling a child marriage by a decree of nullity may be filed in the district court only by a contracting party to the marriage who was a child at the time of the marriage.


(2) Where a Judge is prevented by any sufficient reason from complying with a direction under sub-section (1), he shall record the reason and cause the evidence to be taken down in writing from his dictation in open Court.


If the bailee, with the consent of the bailor, mixes the goods of the bailor with his own goods, the bailor and the bailee shall have an interest, in proportion to their respective shares, in the mixture thus produced.


The accused Basant and Balmiki belonged to Teletoli and that the assailants had come from the Eastern side to whom he identified while he was irrigating the vegetables in the garden and that the assailants were on the road.


27. The reason assigned for non-consideration of the petitioner's representation and non-observance of the mandatory provisions of sub-section (3A) of Section 13 of the SARFAESI Act is not supported by the material on record and is devoid of credence.


However, the matter is remanded back so that the matter be looked into from the angle indicated above so that it be ascertained as to whether the petitioner school is entitled to benefit under the domestic tariff or not.


The petitioners, as a matter of fact, the learned Counsel added, had arrived at the Hospital on receiving information from the security guard of the Hospital and witnessed the body of Nirbhay Kumar Singh hanging through the ceiling fan.


In the cross-examination, Investigating Officer denied that Pantua Kumari had come to the Police Station on the subsequent day of the occurrence with the Chaukidar and other witnesses and had delivered her statement there in presence of the witnesses.


If the fine is not paid within a period of three months, the original order of of sentence of six months passed by the learned Sessions Judge will come into operation and he will have to serve the sentence.


Here, it cannot be said to be a dispute because the tax is being levied under the statute and that cannot be said to be a cause of action, available to be considered to be a dispute at all.


I hereby further direct the trial court to dispose of Partition Suit No. 277 of 2005 as expeditiously as possible and practicable within a period of six months from the date of receipt of a copy of this order.


The learned Single Judge further observed that it is expected that the State Government will finalize the seniority list preferably within four months from the date of receipt/production of a copy of the order passed by the High Court.


Since the petitioners have been running from pillar to post, from one Court to the other without getting their claim though they are primary teachers and in the present economic setup, they cannot be allowed to suffer any further.


It was open for the Housing Board to have cancelled the allotment for the reason of non-execution of the agreement but on the contrary, it went ahead and get the agreement executed in the year 1987 without any objection.


(vii) It has been held by the Hon'ble Patna High Court in the case of Ranju Devi vs. The State of Bihar & Ors., reported in 1999 (3) PLJR 504 in paragraphs 5 and 6, which read as under:


the contents of the fardbayan were read over to him in the presence of the informant ' s uncle Gauri Mahto be , and realizing the contents , the informant had put his signatures on it with his uncle .


supporting Section 172 ( 2 ) of the Code of Criminal Procedure , the trial court has taken note of the statements of the witnesses recorded under Section 161 of the Code of Criminal Procedure in the case diary .


from the cross-examination , it would appear that a Harijan sitting was formed by the appellants on the land of the informant-in-law , as a result of which six cases have been filed by the informator against the appellants .


more so , merely on the basis of the said certificate and oral evidence , it was not necessary for the Claims Tribunal to accept the claim regarding the income of the deceased being Rs . 6500 / - .


13 . both the Courts below while considering the evidence had recorded a finding that Kalo Devi was the daughter of Dildar Singh , this finding of fact is a pure finding of fact by both the Courts below .


in support of his above arguments , he has relied upon the decision of the Hon ’ ble Supreme Court in the case of Sohle Khan Khadiar Khan and another vs. State of Maharashtra [ AIR 2009 SC1868 ] .


a counter affidavit has been filed on behalf of the Directorate of Prosecution , Home Secretary , Department of Home Affairs ( Police ) , Government of Bihar as well as on behalf of respondent no.5 , Law Department .


in 1989 , a Division Bench of this Court , in M / s Swami Distribution Workers vs. State of Bihar , 1990 ( 1 ) PLJR 210 , had the occasion to consider the provision of 1984 order .


it was also the view of the Division Bench that the fact of forgery was not attracted to the case , as the documents brought on record in the writ petition were connected with some action or the other .


20- A copy of the first and last page of this judgment be provided to Mr. ani Kumar Jha , advocate , so that he may obtain his prescribed fee from the High Court Legal Services Committee , Patna .


reference is made in this regard to the judgment of a Division Bench of this Court in M / s Umesh Chandra Dinesh Kumar vs. State of Bihar and Others [ 1999 ( 1 ) BLJ , 548 ] .


6 . the learned trial Court , by placing reliance on the testimony of the prosecution witnesses as well as on the documentary evidence on record , had passed the impugned judgment of conviction and sentence as stated above .


it has to be kept in mind that an office bearer of the University has been vested under Section 7 of the Act and an Inspector of Colleges is also one of the equal office bearers of the Registrar .


7 . it is clear from the pleas and arguments advanced by the learned counsels that the defendant in terms of the Second Schedule is limited to illegal deductions relating to the expenses of personal living of the deceased .


in the meantime , there were eight persons from the north , namely , Saheb Panjara , Niranjan Panjara , Ajay Parayara , Arjun registered , Ashok Paryara , Ashok Registrar , Nihal , Matri Fate and Makhi Raise .


because of such violation of the Food Adulteration Rules , the samples of Pepsi and Slyes were found adulterated which led to the conclusion that the name of bracts on all the three samples were found to be defective .


as Karimas was the son of the brother of Karimhi , who was residing in the house since the life time of delivery , therefore , the defendants were in fact permitted him to stay in the suit premises .


the proposition mentioned in the case of Gujarat State Financial Corporation ( supra ) was supported in M / s . Everest Industrial Corporation & Ors. vs. State Finance Corporation of Gujarat , 1987 ( 3 ) SCC 597 .


from the evidence of this witness , it is apparent that he had seen the appellants in the village near a tree of pakkar , in a suspicious condition when he was returning to his house from Singhan Ghat .


therefore , in the terms of the advertisement in question , selection and appointment is to be done on the basis of interview and the written test is not required in view of the facts of the present case .


Basant The dwelling area of the appellants , that is , rushed to the village well of the place of residence of the appellants and took out the dead body of the river Sewa Devi from inside the well .


( C ) the maximum age of a candidate shall not be more than 30 years on the 1st day of January of the year in which the first employment of a Panchayat Education Mitra is to be made .


9- On a perusal of the counter affidavit , it would appear that it is the side of the respondent that the disciplinary authority issued the second cause notice of query while disapproving the report of the enquiry officer .


Hon 'ble Rakesh Kumar , J. M / s . Patna Motors , proprietary / Smt . Reeta Goka vs. State of Bihar & Ors . , CWJJC No. 16652 of 2007 . decided on 14th May , 2015 .


34- It is not in dispute that so far as the table is concerned , the building in question is in consonance with the sanctioned map and there is no allegation of enhancement of the soles against the petitioner .


Kishore Kumar Mandal , J. — This writ application takes a legal question having a wide effect on the functioning of the Lok Adalats in the State of Bihar , constituted under the Legal Services Authorities Act , 1987 .


however , in the case of its being proved to the contrary , where the party in the second FIR is different and that is in respect of two different events / offences , the second FIR is permissible .


the claimant had brought on record certain relevant documents such as FIR , acknowledgement letter , post-mortem report , driving license , title of shock vehicle , certificate of dependency , etc . , issued by the postal officer .


in the case of Smt . Damanti Nonga ( supra ) , the Hon ’ ble Court held the Hindi Sahitya Sammelan Act enacted by the State of Uttar Pradesh to be ultra vires and unstinted of the Constitution .


Hon ’ ble Minister for National Policy Prasad Singh and Jitendra Mohan Sharma , JJ . Krishna Singh vs. State of Bihar , Crapp . ( DB ) No. 27 of 1992 . decided on 11th November , 2014 .


the only dispute , according to the plaintiff , is that the suit land was given in the share of the plaintiff whereas , according to the defendant , the suit land was given in the share of defendant no.2.


if he fails to do so , one - third of the members of the Committee or Deputy head , as the case may be , may require the Executive Officer to call the meeting within the stipulated time .


11- At this juncture , it would be appropriate to take note of two more constitutional amendments , namely , the one - eleventh Amendment and the 82nd Amendment , which also have some effect on the instant issue .


thereafter , it comes to the initial stage of the duty of the Court to consider the record of the case and the documents submitted therewith and hearing the submission of the accused and the prosecution in this behalf .


if at the conclusion of the trial , the balance sheet is equal to the guilt or innocence of the accused , then the case is bound to end in his acquittal on the principle of benefit of doubt .


the monthly break - up of the teachers who had been assessed more by the Exit and Settlement Officer in March is now being presented by the District Accounts Officer , after fixation of pay of the same personnel .


advocate , L . Narasimha Reddy , Chief Justice . - It is shocking to note that on an average in the State of Bihar two cases are functioning in the High Court under the name of every teacher .


Hon 'ble Iqbal Ahmad Ansari , J. Saleem Ansari alias Mohd . Salim Ansari & Ors . Versus State of Bihar & Anr . , a Criminal Milliary No. 51075 of 2014 . decided on 14th May , 2015 .


in the above view of the matter , this Court is of the opinion that the writ petition should not only be dismissed but the same should be dismissed with a view to awarding heavy costs against the petitioner .


the means to remove the same mischief are also in the domain of the legislation and the courts shall show respect to them until the instrument is violative of the constitutional provisions or the fundamental rights of the citizens .


as a matter of fact , the appellant Bhushan had gone to the house of Syed Khalid Shah , Advocate for discussion in respect of his case and he was caught hold of an empty handed over on suspicion .


the property was purchased from the income of the joint family and since the husband of opposite party No. 2 was the eldest son , he had executed the sale deed in the name of opposite party No. 2 .


19- It is , thus , well settled that the primary intention of the provision is to bring benefit to the accused and bring benefit to the Court by way of its co-influence in arriving at the final conclusion .


the resulting judgment is a historical decision of the State of Bombay vs. Kathikalu Oghar [ AIR 1961 SC 1808 ] , which has made a decisive contribution to the case law , in which case it is today .


the complainant must also show necessarily that the false misrepresentation alleged to have been made , or that there was no intention to keep the promise of the accused at the time of the proposed mishap by the accused .


this is the second right that was taken away by the 42 th Amendment , but the right of the office bearer charged to receive the report of the enquiry officer was already an essential part of the stage .


thereafter , the authority has passed a final order in the matter of application of the Act on the establishment of the petitioner by an order contained in Appendix 7 , which is under challenge in this writ application .


10- So far as the decision cited by the petitioner in the case of M / s Raqui cinema ( supra ) is concerned , I do not understand that the petitioner can get any benefit by this judgment .


and also relied upon the judgments of the Hon ’ ble Supreme Court in the case of Kuldip Singh vs. Deputy Commissioner of Police ( supra ) ( paras 6 , 12 , 25 , 29 and 32 ) .


14- The counsel for the appellant submits that in the dark night , the identification of the appellant was not possible and also failed to bring positive evidence with regard to the torch and the power to be kept .


we have also heard Shri Neeraj Kumar Singh , learned amicus Curiae on behalf of the respondents of the appellant — State of Bihar in Government Appeal No.29 of 2007 and Mr. Neraj Kumar Singh , learned Amicus Curiae .


on the contrary , learned Special Public Prosecutor and counsel for the informant-in-law have submitted that during the examination of the entire oral evidence , the accused were present in the witness box and hence they were familiar with .


it is well founded on all material particulars as one doctor got injuries as soon as she was cremated within the body of the deceased , another doctor got the appellant in an injured condition on the same day .


the Investigating Officer had received the objective evidence of burning in the room of the deceased and the smell of kerosene , which are all the more conducive to the statement of the deceased , which is wholly reliable .


in one of the cases advanced before us , that is to say , in Surender Kumar Verma v. Industrial Tribunals - cum - Labour Court , the Central Government , we had the opportunity to say so . "


the Consolidation Officer held that the claim of the participants was based only on the proved shop , whereas the claim of the opposite parties ( petitioners ) was affirmed from the entries made in the records from 1927 .


the score of fitness in each of the five tests will be decided by the bank , based on it , by blending the performance of all the competing candidates in each test subject to a minimum requisite level .


the disciplinary authority passed an order forfeiture of all life pension including the amount of gratuity , the amount of earned leave , the maintenance allowance and the amount of other arrears of pension during the period of suspension .


on being asked , he had stated that he had already prepared the seizure memo and it was done as per the direction of the branch manager and the accused persons were the staff of MPRO , Finnish Limited .


( 4 ) The quantum of compensation to be awarded under the Scheme from the Fund in accordance with the Schedule to this Scheme shall be distributed to the victim or his dependents , as the case may be .


these developments pointed out that while reflecting more or less the narrow restrictive aims of traditional penal action , the increasing importance associated with restitution and toleration , these developments had marked a major tilt in criminal science sleep .


3- Fortuning to the facts emerging from the pleadings of the parties is that the suit property described in the schedule of the plaint was part of plot no . 3292 having a two and a half Kathas area .


therefore , the High Court was erroneous in evaluating the complaint as well as the ambit of the proceedings on the ground that several different incidents had taken place at Raigad and one single incident took place in Raipur .


any of the classes enumerated in any of the classes are notified as a Scheduled Caste or a Scheduled Tribe under any order of the President , such classes shall be deemed to be omitted in the said Schedules .


Hon ’ ble Minister Navjivan Prasad Singh and Vikas Jain , JJ . Bijoy Kumar Bimal and Ors . vs State of Bihar & Ors . , CWJC No. 13788 of 2016 . decided on 14th February , 2017 .


the area close to the site of the incident was vacant ( since the area ) where there was a growing paddy crop on the western side and the sugarcane crop on the eastern side of the village road .


it is not in dispute that he was entitled to be released subject to reasonable reports from the Superintendent of Jail , Superintendent of Police , Probation of the office office bearers and the views of the trial court .


the construction of the unit and the related posts were at that time approved and sanctioned by the State Cabinet as per item no . 10 of the said meeting of the Cabinet on 30 . 3 . 2010 .


the opinion of the doctor is not a severe blow to the prosecution because after several days of commission of rape , physical examination of the body of the victim would not normally appear to be such physical features .


(i) the High Court functioning as such immediately before the appointed day in the territories comprised in the State of Sikkim shall, on and from the appointed day, be deemed to be the High Court for the State of Sikkim;


(3) The powers conferred on the President by this article, by article 324, by clause (3) of article 367 and by article 391 shall, before the commencement of this Constitution, be exercisable by the Governor-General of the Dominion of India.


(c) The first nominations to be made under sub-clause (b) shall be made by the Speaker of the House of the People within two months from the commencement of the Constitution (Application to Jammu and Kashmir) Second Amendment Order, 1974.


(b) in any other case, the agreement is approved by the Central Government, the tax on such income is payable, under the terms of the agreement, by Government or the Indian concern to the Central Government, the tax so paid.


(ii) which is approved by the Controller of Insurance or the Insurance Regulatory and Development Authority established under sub-section (1) of section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999), as the case may be.


Provided that where an application for registration of the trust or institution is made after the expiry of the period aforesaid, the provisions of sections 11 and 12 shall apply in relation to the income of such trust or institution,—


Provided that in respect of a ship or an aircraft or machinery or plant specified in sub-section (8B), this sub-section shall have effect as if for the words "twenty-five per cent", the words "twenty per cent" had been substituted :


(i) in a case referred to in clause (i) of sub-section (1), the aggregate of the issued share capital, debentures and long-term borrowings as on the last day of the previous year in which the business of the company commences;


(ii) where the assessee is a company, firm, association of persons or Hindu undivided family any director of the company, partner of the firm, or member of the association or family, or any relative of such director, partner or member;


(ii)  shall, as far as may be, apply to the amalgamated or the resulting company as they would have applied to the amalgamating or the demerged company if the latter had not transferred the business or interest in the business.


Provided that in a case where the adjusted total income of the assessee is a loss, the amount under clause (a) shall be computed at the rate of five per cent of the average adjusted total income of the assessee.


(c)  in a case where the total income of the assessee is assessable only for one of the aforesaid three assessment years, the amount of the adjusted total income in respect of the previous year relevant to that assessment year;


Provided that in the case of an eligible start-up, being a technology driven start-up so certified by the Inter-Ministerial Board of Certification notified by the Central Government in the Official Gazette, the new asset shall include computers or computer software


(ii) in a case where the capital asset is a unit which is not listed on a recognised stock exchange as on the 31st day of January, 2018, the net asset value of such unit as on the said date;


(viii) as subscription, in the name of any person specified in sub-section (4), to any such security of the Central Government or any such deposit scheme as that Government may, by notification in the Official Gazette, specify in this behalf;


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


Explanation.—For the purposes of this clause, "rate of credit allowable" means the rate of credit allowable under the Duty Free Replenishment Certificate, being the Duty Remission Scheme calculated in the manner as may be notified by the Central Government :


(b) all questions relating to the delivery of possession of such property to such purchaser or his representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree within the meaning of this section


(b) the said notice shall be deemed to be a summons for the appearance of the defendant in the Court in which the plaint is presented on the date so fixed by the Court by which the plaint was returned.


In discharging the said burden, the prosecution has to discharge this burden either to prove this fact by the evidence and the accused has the right to rebuttal of the said evidence at the time of passing of the sentence.


The community may entertain such a sentiment when the crime is viewed from the platform of the motive for, or the manner of commission of the crime, or the antisocial or abhorrent nature of the crime, such as for instance:


43. In the case in hand, the appellant Vishal Sharma @ Banti was 24 years of age at the time of the occurrence and appellant Vikash Sharma @ Gulla was 26 years of age at the time of the occurrence.


The Civil Surgeon-cum-Chief Medical Officer, Ranchi, who is present in the Court in person, has not denied that the petitioners were given contractual appointments on their respective posts after observing the prescribed procedure and on the basis of their eligibility.


Hon'ble J. C. S. RAWAT, J. Mrityunjay Kishore Mittu Versus State of Jharkhand & Ors. W.P. (S) No. 1079 of 2005. Decided on 31st January, 2011. In the matter of an Application under Article 226 of the Constitution of India.


After going through the record including supporting evidence I am satisfied that the joint petition is without collusion, parties are residing separately since last more than two years and in future they will not make any claim against each other.


In the early morning at about 4.30 a.m. on 2.8.2007, Lallu Kumar informed his brother Mahesh Kumar that they are about to reach Hazaribagh where they will deliver the utensils to the dealer and then they will return back immediately.


It is true that there were no injuries on the vital parts of the body, but it appears that repeated blows were caused on the legs and hands of the deceased causing seven injuries including the injuries on his face.


If the scales of pan as to the guilt or innocence of the accused are something like even at the conclusion of the trial, then, on the theory of benefit of doubt the case is to end in his acquittal.


There can be no increase in the cost of construction, as the possession was already handed over in the year 1987, and for the first time, the impugned letter mentioned there is an increase of cost in the year 2007.


43. In Tilendra Nath Mahanta vs. United Bank of India, reported in AIR 2002 Gau. 1, it has been held that it is the duty of the bailee to deal with the goods according to the direction of the bailor.


the son of the informant had refused to leave the temple complex , making the story that he has the gold barn at close quarters and being present in the temple premises , he is able to guard his barn .


provided that , where the beneficiary is not a member of a family or a specified person , the configuration may be regarded as a public arrangement which is intended to serve the benefit of the common body of devotees .


22- In M / s . Sukwinder Pal Bipin Kumar and others vs. State of Punjab & Ors . ( supra ) similar license order prevailing in the State of Punjab was under consideration of the Hon 'ble Supreme Court .


( VI ) even if the accused is a director of the company or an office bearer who has signed the cheques on behalf of the company , it is not necessary to make the specific averment in the complaint .


( ii ) The application from the regular candidates with the requisite fee for registration duly forwarded by the Head of the institution shall be received by the 31st day of March of the previous year of the Board Examination .


third , that is , only the contributory Provident Fund was contemplated in the Scheme - C wherein the employee ' s contribution to the provident fund was regularly up to 10 per cent of the employee ' s salary .


since the conviction and sentence has been made by the above stated common judgment of conviction and sentence of all the above said appellants , a common judgment is being passed in all the criminal appeals , as stated above .


as a result , during the guarantee period , there was a hole in the bottom of the boat and the petitioner had failed to repair the hole in spite of the notice issued to him during the guarantee period .


so deprived , the petitioner is restrained from promoted to higher posts of other administrative posts in the head of the head of the department , head of the department and in the Bihar Education Service grade II and 1 .


6- The learned trial Court , by placing reliance on the testimonies of the prosecution witnesses as well as on the documents produced on behalf of the prosecution , had passed the impugned judgment of conviction and sentence as above .


from the memo of appeal filed before the first appellate court , it would appear that the main force of challenge to the judgment and decree of the learned trial court was against the ex parte trial of the suit .


reference in this regard has been made to the judgment rendered by a Division Bench of this Court in M / s Umesh Chandra Kumar vs. State of Bihar & Ors . [ 1999 ( 1 ) BLJ 548 ] .


it will , however , be sufficient to point out that the expression ‘ soon before ’ would ordinarily vest in the expression that the interval should not be much between the cruelty concerned or harassment and death in question .


Hon ’ ble Mhir Kumar Jha , J. — M / s Kisan Cold Storage and Another vs South Bihar Electricity Distribution Company Limited & Ors . , CWJJC No. 13036 of 2014 . decided on 1st August , 2014 .


according to the petitioner , the Joint Secretary of the Department , against the wishes of the Director , had asked the Director to consider and dispose of the application for annual increment of the petitioner and time bound promotion .


Hon ’ ble Mengeshwar Sahu , J. Hon ’ ble Bal Kishore Prasad & Ors . vs . Smt . Chando Devi & Ors . , tangible Appeal no . 279 of 1977 . decided on 20th August , 2014 .


24- The decision relied upon by the learned counsel for the appellants , namely , AIR 1968 is the law established by the Supreme Court of 956 ( Nangwawa vs. Birappa Sidappa Hirenur vs. and others ) ( supra ) .


thus , the tenancy was one and all the members of the family of the original tenant , residing with him at the time of the death of the original tenant , had taken over the tenancy at one time .


referring to the impugned order of the Collector as well as the appellate order of the learned Judge would show that the Courts have also kept away with the matter of statutory order , have not referred to any order .


according to the learned counsel , in the sale deed it is specifically instated that after the payment of the consideration amount , prescription shall be made and then the plaintiff shall be entitled to take possession of the land .


thus , the judgment of the Hon 'ble Supreme Court is binding , and therefore , in view of the judgment of the Hon 'ble Supreme Court , the material questions of law are answered in favour of the appellants .


he has submitted that in the case of Shri Krishna Gyanoday Limited and another vs. State of Bihar [ ( 2003 ) 4 SCC 378 ] , the validity of the Act of 1985 was the subject matter of challenge .


in exercise of the power conferred by Section 560 of the Companies Act , 1956 , the name of the sugar factory was removed from the roll of the Registrar of column companies as far back as February , 2008 .


in the course of his return , he saw Beushnath Sahani , Jagadish Nath Sahani , Title Sahni alias Sanjay Sahani , Ashok Sahani , Shankar Sahani , and Shankar Saudni , who started laughing at the sight of him .


in our opinion , there cannot be any allegation worse than such allegation against a woman by accepting the dignity of a woman by making blatant and unproven allegations , particularly by a woman who is a newly married woman .


a criminal case should also be registered against all concerned , including the former head of the Khotan Bibi , the then Block Education Officer of Monozhi , who should be investigated by the monitoring department of the state government .


but one thing is clear that the courts should not be proceeded with a tendency to reject the petition by a superﬁnal order in the heat of finding fault and disposal of the cause that has been shown to them .


advocate , M / s UDy Bada , R . G . , Apanmar , F or Prisonis , Mr . , Mr . Muhamar , Munaver Mubble , spring . - hearing , Mr . Rakesh Kumar , Mr .


( I ) But Panchayat Education Mitra employed in the light of previous circulars , orders , instructions and working in the light of the instructions , shall be deemed to be employed as Panchayat Teachers under this Rules . "


( B ) age : - on the 1st day of January of the year in which the employment is being carried on , the minimum age of a candidate shall be 18 years and the maximum age of 37 .


the entire party in the State is stated to be in that regard on the basis of the words ' corrected Lal Card ' mentioned in the ground of compulsory land settlement and is not supported by any documentary evidence .


from the evidence of the witnesses and also from both the letters , it appears that the deceased was the mother of two children , who was a son by the name of Ravi and a daughter by name Rcha .


on the other hand , the case of the defendant is that there had already been a partition by demarcation between the parties in the year 1945 , hence , the suit of the plaintiff for partition is not maintainable .


in his reply to the second cause query report submitted to the disciplinary authority , the petitioner had specifically stated that in the absence of report of the enquiry officer it was not possible for him to submit effective reply .


it is not in dispute that out of the grants given by the State of Bihar to the Bihar Sanskrit Education Board , salaries and allowances were being paid to the teachers and non-teaching staff of the aforesaid Sanskrit School .


in that view of the matter , in my opinion , the aforesaid issue was of primary importance to satisfy the claim of the parties and the counter claim which has been considered and decided by the lower appellate court .


Hon 'ble Jyoti Saran , J. — M / s Niagwaro Builders & Developers Pvt. Ltd . & Anr . vs State of Bihar & Ors . , CWJC No. 4625 of 2015 . decided on 18th May , 2015 .


provided that in the absence of statutory rules providing for such a course , an advocate dealing with a charge of contempt shall ordinarily take into consideration only the punishments specified under section 12 of the Contempt of Courts Act .


that apart , this position is completely covered by the judgment of the Division Bench of this Court in the case of Smt . Kaushalya Devi and Others vs. Union of India reported in 2008 ( 3 ) PLJR 711 .


Hon ’ ble Ashutosh Kumar , J. Hon ’ ble Mr. Justice Uradhar Neyogi & Anr . Versus State of Bihar & Anr . no . Misc . no . 18810 of 2008 . decided on 12th November , 2014 .


while going out , accused persons had asked the informant to come to the river bank next day with a bullock cart to take bamboo , which would be brought on a boat from the other side of the river .


10 . considering the rival contentions of the parties , in para 1 , the relief petition sought is limited to the payment of compensation at the enhanced rate only in respect of the remaining 20 % of the award .


both the learned courts below after considering the report of the hand writing expert have also come to the conclusion that in the favour of the plaintiffs there is a marked thumb impression of Thakur on the deed in question .


it is further submitted that during the investigation , the Investigating Officer would have compiled the proof of the case being taking place between the brother - in - law of the appellant along with the family of the informant .


it is also pointed out that in the background of the aforesaid incident , the plaintiffs have become extremely cross and on account of that , on several occasions , they had tried to take the life of the defendant .


long before the scope of the operation of this rule , particularly clause ( b ) , a test was conducted in 1931 by the Privy Council in Parpenultimate Thakur vs. Lal Mohar Thakur ( AIR 1931 PC 143 ) .


on the other hand , injuries of the witnesses are indicative of the fact that at the time of occurrence , he was present at the place of occurrence and injuries came to him during the commission of the crime .


from para 2 of her Principal Examination , it is apparent that she had clearly stated to be the field of the place of occurrence and to be the house of the prosecution and had explained the same in detail .


advocate , M / s , Alock KG , RRA , Financial Institutions , Financial Institutions , Form 11 ; Mr . a . N . Segh , S . K . s . R . & F are considered :


5- Mr. Verma , learned counsel , on the other hand , submitted that the decision relied upon by the petitioner is not applicable in the present case as the suit in the said judgment was of the year 1987 .


the relevant observations made in the case of Mohd . Hanif Kurshi ( supra ) are read as follows : " in the maintenance of unserviceable cattle , a country ’ s livestock has a meekly burden on the food .


( 2 ) Not less than one-third of the total number of seats reserved under clause ( 1 ) shall be reserved for women belonging to the Scheduled Castes or , as the case may be , the Scheduled Tribes .


entry numbers 1 to 3 sons , grandsons , grandsons and 14 Aghil , after 1937 , is the widow of a pre-deceased son and the widow of a pre-deceased son , and the widow of a pre- deceased son .


according to the agreement , an agreement was made for purchase of the said land at the rate of Rs . 11,500 / - per khatka , the total value of which was Rs . 2,00,000 , 560 / - .


( 5 ) The report of the Commissioner shall be submitted to the Court appointing the Commission within sixty days from the date of the Commission ; if the Court for any reason does not extend the time in writing ;


so far as the documents are concerned , the relevant documents which are under the custody of the Bank shall also be made available at the instance of the petitioner by the learned lower court on such direction being made .


he stated that Siddheswar had fallen down on the south of the goop plains , while Mr Goop had fallen to the east of the plains , which was a bit low and was located at the nearest railway line .


here , in the instant case , the petitioner had sought to explain the prejudice by the appellate authority by filing its considered / reaction on the findings recorded therein , after the inquiry report was made available to him .


the doctor or the hospital should be sent the notice , as the case may be , only after it is affirmed from the report of such Doctor or Committee that prima facie case of medical negligence is made out .


the name of the proponent of the petitioner is at serial no . 95 and so far as proposer Deepak Kumar , proponent of the defendant is concerned , his name is at Sr. No. 98 of the Electoral Rolls .


the Supreme Court , while affirming the judgment of the Division Bench of this Court , clearly held that the daily pay shall not be liable to be considered under Section 3 of the Workmen ' s Marketing Repeal Act .


under the Food Safety and Standards ( Prohibition and Restriction on sale ) Regulations , 2011 , the said provisions appear to be relevant to the general principle of food security as alleged in the chapter of the Food Act .


on enquiry , Kumar Ghar had told him that he did not know those boys , but he was from there in the village of Samuria , the father - in - law of his son - in - law .


therefore , whether the minors had a separate share from their father ’ s side , which is admittedly a natural guardian , can it be said that the minors had a separate share from their father ’ s share ?


the Courts shall lean in favour of a construction which would maintain the jurisdiction of the civil courts and burden the onus to prove on a party who makes the statement that the jurisdiction of the civil court is outstretched .


it is the direct case of the plaintiffs that the common ancestor was the four sons of Nageswara Mishra , namely , late Harihar Mishra , late Nand Kishore Mishra , late Badri Nath Misra and late Ram Kishore Mishra .


therefore , the order number 1 , 2 and 3 will be complied with and while treating point 4 there will be no change in the plaintiff and the point 5 should also be complied with as per the order .


( ii ) the birth certificate granted by the Corporation or the Corporation or the Panchayat ; ( b ) and ( i ) of clauses ( a ) and ( ii ) of clause ( a ) above ; or


9- Further more so , since the deceased was the father and husband of the owner of the vehicle and had become the owner on account of taking their place , therefore , he cannot be treated as gratuitous passenger .


as per the Award , the liability to pay compensation is on the State and certainly it is not the separate personal liability of the petitioner , though it is an integral part of the land acquisition proceedings in question .


the order passed by the revisional authority is also defective in the law keeping in view the judicial decisions which have been referred to hereinabove and reliance is placed on them in the appeal on behalf of the private respondents .


again , it was sheer instatement that the area over which the nada was being constructed is surrounded by a corresponding survey plot no . 377 of 737 and area is in four - and - a - half fumigation .


thus , the aforesaid evidence of the informant with regard to the incident , mode of occurrence , assault , weapon used in the assault and also the information relating to the assailant is totally unfavorable to the prosecution case .


a plain reading of the above would show that the Court trying the case can only , for the reasons recorded by it , direct the release and only when it considers the charge against the accused to be unfounded .


on the basis of these statements , which were recorded by the Chief Executive Officer and / or the then District Magistrate - cum - Collector , Monghyr , Shri Goray Lal Prasad Yadav , the matter was further proceeded .


8- Before referring to the arguments of the learned counsels for the parties , it would be appropriate to examine the nature and ambit of the filing of the appeal designed under Section 14-A ( 2 ) of the Act .


it has not been denied that these decisions were taken by the Secretary , Department of Home Affairs ( Police ) , Government of Bihar , who was competent to take under the executive affairs of the State of Bihar .


Explanation.—For the purposes of sub-clause (ii),— the entitlement to earned leave of an employee shall not exceed thirty days for every year of actual service rendered by him as an employee of the employer from whose service he has retired ;


(23ED) any income, by way of contributions received from a depository, of such Investor Protection Fund set up in accordance with the regulations by a depository as the Central Government may, by notification in the Official Gazette, specify in this behalf:


(iv) in relation to any other commodity specified under this clause, any Board or other authority established under any law for the time being in force which the Central Government may, by notification in the Official Gazette, specify in this behalf;


(45) any allowance or perquisite, as may be notified by the Central Government in the Official Gazette in this behalf, paid to the Chairman or a retired Chairman or any other member or retired member of the Union Public Service Commission;


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


Provided that the provisions of this sub-section [as amended by section 6 of the Finance (No. 2) Act, 2009 (33 of 2009)] shall have effect for the assessment year beginning on the 1st day of April, 2006 and subsequent assessment years.


Explanation 1.—For the purposes of this sub-section, the expression "competent authority" means the Reserve Bank of India or such other authority as is authorised under any law for the time being in force for regulating payments and dealings in foreign exchange.


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


Provided that this clause shall not apply where the income, or the value of the property or, as the case may be, the aggregate of the income and the value of the property, so diverted does not exceed one thousand rupees;


(a) where the payment is to a public sector company or a local authority or an association or institution referred to in sub-section (1), from such public sector company or local authority or, as the case may be, association or institution;


(b)  the amount of depreciation that would have been allowable to the assessee for any assessment year commencing on or after the 1st day of April, 1988, as if the asset was the only asset in the relevant block of assets.


(ea)  the total value of the assets as appearing in the books of account of the company in any of the three previous years preceding the previous year in which the conversion takes place does not exceed five crore rupees; and


(xiv)  where a sole proprietary concern is succeeded by a company in the business carried on by it as a result of which the sole proprietary concern sells or otherwise transfers any capital asset or intangible asset to the company :


(ix)  as subscription to any such savings certificate as defined in clause (c) of section 2 of the Government Savings Certificates Act, 1959 (46 of 1959), as the Central Government may, by notification in the Official Gazette, specify in this behalf;


80DDB. Where an assessee who is resident in India has, during the previous year, actually paid any amount for the medical treatment of such disease or ailment as may be specified in the rules33 made in this behalf by the Board—


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


Any order of the Court by which the decree was passed, or of such Court of appeal as aforesaid, in relation to the execution of such decree, shall be binding upon the Court to which the decree was sent for execution.


The place in which any Civil Court is held for the purpose of trying any suit shall be deemed to be an open Court, to which the public generally may have access so far as the same can conveniently contain them:


In the trial of the trial number 1557/11 in the Session No. 1557/11, 26-3-12 on the accused Shabu Pathan and Sheru Pathan and the trial number 1558/11 on the accused Mohammad Tahir dated 5-6-12 under Section 302, 504506, FIR was lodged.


The investigations done so far allege that the amount unearthed so far in one case is about one and half Crore and in other case is about six and half Crores, which would appear to be merely the tip of iceberg.


....For determination of the common object of the unlawful assembly, the conduct of each of the members of the unlawful assembly, before and at the time of attack and thereafter, the motive for the crime, are some of the relevant considerations.


According to the prosecution, the alleged occurrence has taken place at about 6 a.m. in the month of June and a number of villagers reached to the place of occurrence but not a single witness has been examined by the prosecution.


all efforts will be made by the respondent / executive authority to expeditiously conclude the proceedings and a copy of the instant order will have to do so within a period of six months from the date of receipt / presentation .


15 . in view of the above established proposition of law laid down by the Hon 'ble High Court , it is now a settled principle of law that the Court has to find out the case pleaded by the parties .


so far as the sentence issue is concerned , in view of the law referred to hereinabove , we are of the considered view that the instant case did not fall within the purview of “ rarest of rare ” cases .


such a defence can be maintained and it would be the task of the insurer to prove that the insured did not have exercised sufficient care and caution to verify the correctness or otherwise of the licence held by the driver .


measures may be taken to obtain the concurrence of Bihar Public Service Commission in accordance with the rules framed by the Department of Transport for the said absorption and a period of six months had been prescribed for the aforesaid case .


further , an officer making an arrest and seizure of Section 57 of the Act imposes the liability to forward an entire report of all the distinguished dates of such arrest or seizure to his immediate superior immediately within 48 hours .


in this situation , the Assistant Public Prosecutor has to resign from his service as in view of Section 137 of Bihar Practice and Procedure Manual , the term of Public Prosecutor and Additional Public Prosecutor is the term of tenure .


the aforesaid cadre of the Deputy Superintendent of Police , DSP was constituted by the senior district prosecutor , the District Prosecutor of the status of the Inspector of Police and the Assistant Director of Police , Deputy Director of Police .


it is also the contention of the learned counsel for the petitioners that even otherwise the Circular is bad in terms of the law laid down by the Apex Court in the case of M / s J.G. Engineers Pvt. Ltd .


11- Now , I shall refer to the arguments advanced by the parties on the merits of the case and will for the sake of convenience act in accordance with the position of the party as existing before the trial court .


whitekaran was a friendly relationship with Kashi Prasad and had purchased the property only on a sum of Rs . 189 so that the money could be denied to him the benefits of the decree of the plaintiff in the suit .


7 . that it is not unnecessary to state here that before the registration of the students , all the students have to pass the examination conducted by the school and registration is issued subject to the result of the examination .


however , the petitioner was never placed in charge establishment and as above , the direction of this Court as quoted above was limited to the payment of his salary at the lowest level of the pay scale of his time .


this aspect of the matter is well settled by a recent judgment of the Apex Court in the case of Bhimanna vs. State of Karnataka reported in ( 2012 ) 9 SCC 650 , wherein it was held as under : —


Hon ’ ble V. N. Sinha and Amresh Kumar Lal , JJ . Sunil Kumar Choudhury vs. State of Bihar & Ors . Criminal Appeal ( DB ) no . 210 of 2013 . decided on 22 nd March , 2013 .


the suit land in the plaint , as mentioned in the plaint , belongs to Land Account No. 536 , Khera No.2278 , which is of 6 disconnected , and is belong to Khel No.2279 of the plaint which is 11Disigal .


thus , the plaintiff had a legal right to file a suit for redemption within the prescribed period of 30 years from the date of execution of the deed in terms of the provisions of Article 61 of the Limitation Act .


he has stated that the spot in the width from the west to about 15 feet ( 10 hands ) and in breadth is situated at the house of the informator measuring the norto South 12 feet ( 8 hands ) .


if the concerned authority decides to proceed further , that shall , within four months from the date of such attendance , complete the proceeding and pass the final order after giving the opportunity to the petitioner in accordance with law .


23- I do not need to give any further time on the question as to whether the Limitation Act would apply to the tribunals / authorities who are not ' court ' within the meaning of the Code of Civil Procedure .


the suit premises is not a suitable place for the business of textile as it is not in the clavice-strip and is running in the other part of the holding whereas the third part has been vacant for a long time .


84 . admittedly , the plaintiff-appellant has been living in the suit premises for the last forty years without paying anything to the subsequent purchaser by filing this absurd suit , which is a bona fide purchaser by paying the price .


therefore , regarding the receipt of the consideration , an adverse inference should be drawn against the plaintiff on account of the misexamination of even the other witnesses , namely , Ataullah and Munshi , Arun Prasad , underwriters and Gayaduddin .


( 3 ) The inquiry determining age in 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 —


the controversy is whether at the time and on the same date , at the time and on the very date , at the time of attending the complex in another village Panchayat , called the respondent - Reum Kumari Maina .


according to the ratio laid down by the Apex Court , if the materials placed before the court declare a grave suspicion against the accused person , the court would be fully justified in framing of charge and proceeding for trial .


it has also been submitted that the defendants do not deny the existence of wakf estate no . 123 and it is the only argument of the defendants that the suit land is not a part of the said waqf estate .


( IV ) Where material evidence has been ignored only by the trial court or by the appellate court ; and ( v ) where the acquittal is based on the compounding of the offence , which is illegal under law .


he , thus , submits that the petition filed by the applicants under Section 34 of the Act is based on a defective appreciation of the statutory provisions formed by the Court below to reject the application filed by the applicants .


there is nothing to show that the State has any direct control over the said Committee by going beyond the general regulation of all such similar co - operative societies under the provisions of the Bihar Co - operative Societies Act .


the constitutional validity of the 1985 Act , has been filed and as modified by the Hon 'ble Supreme Court , the present batch of writ petitions have been filed for complying with the judgment of the Hon 'ble Supreme Court .


12 . learned counsel for the petitioner , Shri Amresh Kumar Sinha , learned counsel for the petitioner submitted that the petitioner had taken decisions in the cases which he had heard on the basis of the materials available on record .


2- In all these four writ applications , filed at the request of the petitioners , who are the employees of a private institution , a single point is involved and the same is being disposed of by this common order .


Hon 'ble NAVIN Sinha and Development Jain , JJ . Mukesh Kumar & Anr . Versus State of Bihar & Ors . LPA Nos. 790 of 2013 Cri . CC No. 792 of 2010 . decided on 16th January , 2014 .


the fact of the petitioner getting the benefits under the cut - in - time promotion scheme and well settled career progress rules and that he should be kept in a recognized pay scale for the Executive Engineer is not controverted .


though , in the course of cross examination , it is argued on behalf of the appellant that such omission had caused loss to the appellant but had not been able to show the nature of the loss by the illustration .


31 . we are unable to appreciate the aspect of the Government of Jharkhand and the State of Bihar on this issue , which is a gross violation of the order contained in Section 72 of the Reorganisation Act , 2000 .


the presence of the appellant at the upper floor of the house of the prosecution was possible through a wooden staircase and the same is found to be fully proved on account of the involvement of the appellant during the investigation .


72 . thus , on a reading of the judgment of the Supreme Court in the case of Shivanand Pathak ( supra ) , it would be clear that a judicial contours can be treated as a form of judicial insistence .


it is this aspect of the matter which has been dealt with extensively in the earlier Division Bench decision in the case of Smt . Renu Kumari Pandey ( supra ) and I do not find any fault with the same .


( 3 ) Subject to sub-section ( 1 ) , the State Government shall have a charge on the amount payable by the inferior ryots on the land and shall have the priority over all other claims on the land . ”


in this view of the matter , as far as the question of Ganesh Doms and Lankan Doms is concerned , the judgment of conviction and sentence deserves to be set aside and accordingly their conviction and sentence is set aside .


if an abuse of the process of injustice is brought to the notice of the court , then the court would be justified in holding the injustice by keeping the inherent powers in the absence of provisions specified in the Statute .


3- It is further the case of the plaintiffs that the properties of the joint family were very productive and there was adequate income out of which some properties were acquired by sale deed as well as by the sale deed .


in this regard , learned counsel placed reliance on the judgment of the Supreme Court in the case of Ramati ( Smt ) vs. Saroj Devi & Ors . , ( 1997 ) 6 Supreme Court Cases 66 , para 8 .


the general principle is that a judgment pronounced by a court is final and it is only when a passage from that principle is justified that the circumstances of a material or compelling character make it necessary so to do . "


it is further the case of the respondents that the property in question is part of the big mosque of Batia Nagar , which was constructed in 1870 and the grandfather of the petitioner was also the custodian and the mujhe .


7- It is , however , apparent from the first information report itself that there is specific allegation of assault by Munna Tiwari on the person of the informator , his son Pappu Kumar Tiwari and his nephew Gorkha Nath Tiwari .


their Lordships of the Hon ’ ble National Policy Prasad Singh and Anjana Mishra , JJ . Suresh Thakur and Others vs. State of Bihar Criminal Appeal ( DB ) No. 365 of 1992 . decided on 5th January , 2015 .


the courts , therefore , have not to go beyond the four corners of the order which is alleged to have been violated and are not to be dealt with in the questions from which they have not been disposed of .


7- On account of the investigation officer as well as the presence of the Doctor , learned counsel for the appellants has submitted that since the examination of the Doctor , the concerned injury report has not been brought on record .


Hon ’ ble Mengeshwar Sahu , J. Hon ’ ble Shri Satish Chandra Thakur & Ors . vs . Shri Shyam Sunder Barwal & Ors . , AIR 1978 Cri.Appeal No. 53 of 1978 . decided on 10th February , 2015 .


the said land was only a treasure and he had to remain in possession of the land only when he used to perform the worship but as soon as he leaves the prayer text , the owner will be taken over .


Hon 'ble Rajendra Kumar Mishra , J. Hon 'ble Mr. Justice Board Manager , Oriental Insurance Company vs. Superintendent , Bihar State Road Transport Corporation and other Museums . Appeal No. 884 of 2010 . decided on 20th April , 2015 .


10- In the event of the respondent having felt aggrieved by the Award , the option to institute proceedings under the Arbitration Act , 1940 or the Act of 1996 , as the case may be , was open to him .


it was also pleaded that the issue of the order of appointment by the Inspector General of Police was only a matter of convenience and at the relevant time , only the Deputy Inspector General of Police was the appointing authority .


he has also placed heavy reliance on the judgment of the Hon ’ ble Supreme Court in the case of Bhagwan Das and others vs. Uttar Pradesh and others ( supra ) by referring to paras 14 to 16 and 25 .


since the order rejecting the release petition on the basis of an order of cognizance was passed in the present case , the Court is of the opinion that the order rejecting the release petition is liable to be set aside .


( emphasis supplied ) 88 . 05 . — For me , it is unnecessary to go through various judgments of the Supreme Court of India in the course of time while dealing with the aspect of alcohol trade and business .


under which , apart from others , the promotions have to be made to all persons who are interested in the property of the deceased / testator and , on account of this , the petition presented is a bad petition .


thus , the liability to produce the witnesses at the trial is that of the prosecution as the statute makes it imperative that the Court is required to take all such evidence as may be produced in support of the prosecution .


in the office of the Director General of Police , Bihar , Patna , on 22.08.2014 , the petitioner was informed that the appeal was not maintainable and the appeal would be before the Inspector General of Police , Darbhanga Zone .


he has submitted to the extent that the exemption in the instant case is not a cash exemption , nor is there any trade allowance conferred by the petitioner on his consumers , but is a sale which has been concealed .


( 2 ) On receipt of the application , the licensing authority shall call for on that application a report of the officer in charge of the nearest police station and such officer shall send his report within the prescribed time .


till 1936 , there was consensus of judicial opinion that it is permissible for a minor to have attached a decree against him if there has been negligence on the part of his next friend in the conduct of the case .


we shall not be in a question as to whether the learned Single Judge was correct or not or what is the effect of the Division Bench decision on the issue as the facts are unidentical and quite different to us .


the definition of “ antisocial element as contained in Section 2 ( d ) of the Act is read as follows : ( 2 ) BLJ ” ( d ) , is the person who is the “ non-social element ” .


10 . there is also no argument , debate with regard to the making of such opinion against the petitioner in the said order of the District Magistrate as well as the need to pass such an order against the petitioner .


if an appeal is filed within four weeks , then in that event , in the background of the peculiar features of the facts of the case , the question of limitation will not be allowed to come in the way .


the common practice prevalent these days is to obtain the consent of the patient or the consent of the person taking care of the patient if the patient is not in a position to give consent before adopting a given procedure .


15 . on perusal of the first information report , I do not find that the allegations made therein fall within the parameters laid down by the Supreme Court in various judgments for the purpose of prosecution of a medical practitioner .


as is apparent from the record , in view of the existing situation in which the victims of the riots were victims , in my opinion , the delay in lodging the first information report was not too much and fatal .


it is a settled principle of law that at the time of hearing of an amendment application under Order 6 Rule 17 of the Code of Civil Procedure , the Court is not required to decide any amendment application on merits .


he stated that the motive of the incident is a land dispute as some land is that of the uncle of the appellants , which was got registered two years ago and , being aggrieved , they have committed the crime .


13 . in view of the law laid down by this Court as above , in the instant case , the High Court has exceeded its jurisdiction by giving its opinion on the disputed questions of fact before the trial Court .


there were two classes , the first where the State Government was bound by an agreement of the Trade Union with regard to the daily wage - earners up to 11 . 12 . 1990 and the other group that followed .


the list of directors indicates that Sanjay Sahai , Sushila Sahai and Bharti R. Srivastava , who is the son , wife and daughter of the deceased ( Dayanand Sahai ) , respectively , are the directors of the said company .


five to six days prior to the incident , from the time of Dussehra , the accused had been visiting his house and on the day of Dussehra , was also walking with a pistol in a mela and was shining .


before the imaginative separation of civil and criminal law in the society of ancient times , it was the standard practice to make the offender compulsory for any injury caused by the crime or to compensate the victim of his family .


therefore , it is possible to quash a criminal proceeding in a given case if on the basis of material available it is reasonable to reach a conclusion that at the end of the trial , the accused would be acquitted .


Hon ’ ble Minister Minister for National Policy Prasad Singh and Sanjay Priyo , JJ . Anant Singh @ Anant Kumar Singh Versus State of Bihar & Ors . W.JC No. 1195 of 2016 . decided on 18th January , 2017 .


according to Black 's Law Dictionary , vote is an expression of opinion in a sitting or election , by means of a ballot , by hand , or by any other form of communication , of an alternative or opinion .


in view of the clear provision under Section 25 of the J Act , 2015 , the provisions of the Juvenile Justice Act , 2000 shall apply in the present case and not provided for the Juvenile Justice Act , 2015 .


13- At one stage of the inquiry , the Magistrate is required to see only a prima facie case , on the basis of the allegations made in the complaint petition and the statements of the witnesses recorded during the investigation .


(1) Seats shall be reserved in the House of the People for— (a) the Scheduled Castes; (b ) the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and (c) the Scheduled Tribes in the autonomous districts of Assam.


Explanation.—For the purposes of this sub-clause, the expression "State Pooled Finance Entity" shall mean such entity which is set up in accordance with the guidelines for the Pooled Finance Development Scheme notified by the Central Government in the Ministry of Urban Development;


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


(iiid) any profit on the transfer of the Duty Entitlement Pass Book Scheme, being the Duty Remission Scheme under the export and import policy formulated and announced under section 5 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992);


(iiie) any profit on the transfer of the Duty Free Replenishment Certificate, being the Duty Remission Scheme under the export and import policy formulated and announced under section 5 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) ;


(B) in any other case, the previous years beginning with the previous year in which the licence fee is actually paid, and the subsequent previous year or years during which the licence, for which the fee is paid, shall be in force;


(b)  the amount of depreciation that would have been allowable to the assessee for any assessment year commencing on or after the 1st day of April, 1988, as if the asset was the only asset in the relevant block of assets; or


(ba)  for the purposes of clause (viii) of that sub-section, in the case of an individual, the individual or any girl child of that individual, or any girl child for whom such person is the legal guardian, if the scheme so specifies;


Provided further that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the Commissioner, or in which the order of the Commissioner gives effect to an agreement come to by the parties:


The powers conferred by sections 91 and 92 on the Advocate-General may, outside the presidency-towns, be, with the previous sanction of the State Government, exercised also by the Collector or by such officer as the State Government may appoint in this behalf.


The base of teaching, the level to which teaching can rise and the benefit which the students ultimately receive depend as much on caliber of the students as on the caliber of the teachers and the availability of the adequate infrastructural facilities.


6. Before parting with the order, it is recorded that the Electricity Board would be at liberty to take recourse of law available to it for realization of the dues in accordance with law. Principal, Delhi Public School vs. Syed Mohammad Sharfullah


The contention on behalf of the opposite party before the Tribunal was that the truck was being driven in a normal speed very carefully and the accident did not take place on account of any fault of the driver of the truck.


9. The another question, which has been raised by the learned counsel for the respondent, is with respect to the interpretations of sub-section (2) of Section 4 read with Serial No.5 to Schedule of the Act of 1953, which reads as under:


The allegations were malicious and frivolous against her husband and the mother-in-law and it was admitted that the brother of the informant was very much present in the Hospital and virtually had managed all the affairs of abortion at the relevant time.


11. Be that as it may, We are yet to find out that who is the authority who will take action against the illegal construction and therefore, before passing any harsh order, we would like to know the stand of the State.


in paras 22 and 23 of the cross examination , he first stated about the making of chappals and by-chappals at Calcutta and later at Patna by the husband of the deceased and the deceased was engaged in the business of Beedi .


it was submitted that the Khastyan himself proved the title of the plaintiff since the name of the owner is mentioned as Bahadur Singh and according to the admission of the defendant , plaintiff Bahadur Singh is an ancestor of the plaintiff .


after all , it is the liability of the Court to separate the chaff from the grain , meaning thereby that the evidence of the prosecution witnesses is to be scrutinised , in the same manner , separating the truth from falsehood .


( ii ) Whether the decree passed in the three money suits and the serial auction sale followed by defendant 's delivery of possession in the execution proceedings in favour of first group are valid and legal and binding on the plaintiff ?


accordingly , the Division Bench on instruction that the punishment of compulsory retirement in terms of Rule 67 of the Rules did not warrant deprivation from the benefit of the past service and the petitioner is entitled to benefits after his retirement .


as a matter of fact , the learned Judge of this Court has taken a similar view on the difference of opinion amongst the Judges in the case of Dr. Laxmi Narain Singh vs. State of Bihar ( 1989 ) BCCJ 147 .


( ii ) Government shall , as per the consent given to its own affidavit and the recommendation of the Law Commission , take steps for appointment of 50 per cent of the Additional Public Prosecutors from the cadre of prosecution functionaries .


7- The contextual decisions take note of the fact that in case of an unmarried one , the compensation should be deducted as a means of livelihood , to the extent of fifty per cent instead of one third of the expenses .


the impugned order cancelled – directed the respondent to treat the petitioner as a licence effective and in consequence , subject to terms and conditions of the licence , the petitioner was directed to permit his business to commence the business forthwith .


( V ) If the accused is a Managing Director or a Joint Managing Director , then it is not necessary to make specific averment in the complaint and on account of his position , they are liable to be proceeded with .


however , the absence of a decision in the appointment order to refer to the non - class post or include the interpreters of + 2 schools in the main section of the teachers will not deprive them of their statutory rights .


18- So far as a material question before the law as suggested by the learned counsel for the appellant is concerned , it would be appropriate to keep in mind the pleadings of the plaintiff and the defendants before the Courts below .


4- In the aforesaid written report , it is stated by the petitioner that his daughter Priyama Kumari , aged about 15 years , had gone out on the pretext of bringing the medicine at 5 p.m. on 14th March , 2012 .


according to him , he was sleeping at a distance of 100 yards from the place of incident and there were about three houses between Rano Devi 's house and the platform where he was sleeping with seven or eight other persons .


9- From the complaint petition as mentioned above , it is clear that the complainant had kept a complete silence on the constitutional possession made by them on account of any incident , as alleged to have been committed by the petitioners .


regarding the parting , the evidence produced by the defendants is not reliable and trustworthy on the other hand , the plaintiffs have produced evidence which is documentary evidence and oral evidence in support of this case that the parties are joint .


in his reply to the second cause notice of query submitted to the disciplinary authority , the petitioner had specifically stated that in the absence of report of the enquiry officer it was not possible for him to submit an effective reply .


now if the first sequence of events on the basis and on the foundation is to be discredited , can it be said that the final event , i . e . , the settlement be on one ' s own feet ?


if the consideration was not paid to the Sheikh Arzu , the receipt of the terms was not made to the shopkeepers Sheikh Sharifuddin , as a result of which he would not have received the sale deed from the registry office .


therefore , in support of the possession of the plaintiff , the document was produced but the Court below had held that it is a suspicious document instead of conducting an appreciation in the manner held that it was a suspicious document .


it is a settled principle of law that in order to show that a gift deed of immovable property is valid under Section 123 , it is not necessary that there should be a physical delivery to the donee of the property .


2- It is the submission of counsel for the petitioner that on the basis of various permanent orders which have been in force at the relevant time , the benefit of such promotion or super selection category had accrued in his favour .


7- I find , however , that the appellant has been in custody for more than one year and in these circumstances , forwarding the appellant to jail after a victim of twenty three years would be against the interest of justice .


the fardbeyan ( PW-5 ) , son of late Ramesh Prasad Sharma ( PW-5 ) , of late Ramrolls Sharma of village , Dharampur , Bathua , Police Station Pusa , District Samastipur , was received from Sadar Police Station , Muzaffarpur .


( IV ) where material evidence has been ignored only by the trial court or by the appellate court ; and ( V ) where the acquittal is based on the compounding of the offence , which is invalid under the law .


as regards the evidence of the prosecution witnesses , it is also apparent from the petition that the litigation is going on between the parties on account of the purchase of land by Ramesh Prasad , brother of the informant from Tahr .


on completion of the investigation of the aforesaid attack police station bearing Case No. 601 of 2007 , the Investigating Officer of the case filed the charge - sheet on 1st February , 2008 for the offences punishable under the Arms Act .


2- On behalf of the appellant , it is submitted that the conviction and sentence recorded by the learned trial Court , appears to be defective , unconstitutional , arbitrary and on account of this , it deserves to be set aside .


7 . Mr. Dhruva Narayan , learned senior counsel appearing on behalf of the respondent , on the other hand , submitted that the property is recorded in the name of the ancestor of the defendant in the geo - tax survey .


as all the additional efforts to locate Rishhasa had failed , the informants had gone to the Bothhan Police Station at about four o 'clock on the same day , along with Deshbandhu Agarwal and had the entire incident to the police .


it would be in the interests of justice to shift the position of a Professor with all consequential benefits subject to the availability of the post of Professor and discharge him from 31st July , 2007 to the date of the officiation .


10 . in view of the above facts and circumstances of the case , in my opinion , the learned lower Court has not exercised the jurisdiction vested in it by law and , therefore , the impugned order is not sustainable .


in our opinion , it would not be appropriate for the petitioner to claim promotion to the post of Assistant Engineer from 28 February , 1980 , irrespective of his eligibility and preference in the cadre of other personnel / local engineers .


therefore , by the entire planning process planning unit self - reliant has been wound up completely , so there is no validity of the electoral roll , the waiting list , the last intelligent list , the list of selected candidates .


as per the Bihar Reorganisation Act , 2000 , a new State called the State of Jharkhand was formed on a fixed date ( 15.11.2000 ) and from this date by dividing the State of Bihar for the time being in existence .


the deceased ( owner of the vehicle ) was also travelling on the vehicle and the owner of the coal that was thrown on the truck from Jharia , thus , the claimant should be entitled to receive the amount of compensation .


12 . a perusal of the statements in the complaint petition , it is apparent that as per clause 13 of the tax agreement it is only a case of non payment of minimum security amount and also non-payment of telephone bills .


in which the earlier series of cases were reiterated by the Supreme Court again with the effect that appointment to any post would be governed by the rules which were in force at the time of initiation of the process of appointment .


apart from referring to the lacunae in the procedure , he had also picked up the properties that the property stood vested in the Waqf Board and its acquisition could not have been acquired without the consent of the Board of Wakf .


( Thulia Kali vs. State of Tamil Nadu , [ AIR 1973 SC 501 ] State of Punjab vs. Surja Ram [ AIR 1995 SC 2413 ] , Girish Yadav vs. State of Madhya Pradesh [ 1996 SCC ( Crl . ) ]


( a ) in the case of a person who is employed , or was employed , as the case may be , at the time of the commission of the alleged offence , in relation to the affairs of the Union ;


the official duty is ' inherent in the use of the expression ' that the act or omission must be done by the public servant in the course of his service and should be done in the discharge of his duty ' .


under the Constitution of the Board of Trade , individual businessmen do not have the right to vote in the General Assembly of the Board of Trade nor they have the right to participate in the management of the Board of Trade .


14 . in view of the above facts , now merely because the plaintiff was not a party in the earlier suit , it cannot be said that the law laid down by the Division Bench is not binding on the plaintiff .


as a matter of fact the thumb impression of the left hand on the will is not a sign of the left hand on the beetle and at the time of the execution of the will he did not understand mundane things .


it has only to see whether , on a broad probabilities of the case , a prima facie case is made out and there is no test of the probative value of the material or that there is sufficient ground for conviction .


as a controlling agency for poverty eradication programme , the District Rural Development Agency ( DRDA ) , under the aegis of the Government of India , was established not only in all the districts of Bihar but also throughout the country .


according to him , the act complained of against the petitioner would not fall within the ambit of discharge of his official duty and thus , the petitioner would not be an officer of any protection under Section 197 of the Code .


3- The necessary reforms with regard to the name of the father of the petitioner in the title suit of the writ petition and also in the afﬁdavit of the writ petition are to be made in the course of the day .


23- In the result of foregoing discussion , in our view , the law is clearly that at the time the charge was framed or at the time the cognizance is taken , the accused has no right to produce any material .


the said Appellate Authority has no jurisdiction to entertain , hear or decide the dispute relating to the employment of a Panchayat Education friend under the resolutions , circulars , orders , instructions , etc . for the time being in force .


( I ) To fill 2413 posts , a Committee consisting of the Director , Elementary Education and the Secretary of the Bihar Staff Selection Commission shall take any decision with the permission of the Principal Secretary of the Department of Education .


in case of difference of opinion between the two functionaries , namely , the Director , Elementary Education and the Secretary of the Bihar Staff Selection Commission , the decision taken by the Principal Secretary of the Education Department would be final .


the admission of this application shows that as far as the declaration / victim is concerned , she is not a horrible one and it was for this reason that the informant had the courage to make a complaint to the police .


taking into account the circumstances of the case , the nature of the crime and the character of the appellant , he is entitled to be granted the benefits of probation under Section 3 of the Probation of Offenders Act , 1958 .


as per the Amendment Act , 2009 , this cyclical order will continue to be effective in the next Panchayat , General Elections , 2021 and the Panchayat to be run in 2026 will be changed at the time of general election .


it was in the nature of the life interest , because the period of interest arising under the illegal transfer was not upon the death of the recipient or the transferor , but on the death of the donor or the transferor .


thereafter , he started the investigation and went to the place of occurrence which was situated at two yards in the north from the door of the appellants and four yards in the south where the body of the deceased was found .


( 2 ) The evidence of the witness in attendance ( cross-examination and re-examination ) whose evidence ( principal examiner ) was produced by affidavit to the Court , may be entertained by the Court or by the Commissioner appointed by it .


15- On the basis of the rival arguments of the parties , the points for consideration in this appeal before this Court are as follows : - ( i ) Whether the imagination of the plaintiffs in the present case is fatal ?


Hon ’ ble Minister Navjivan Prasad Singh and Nil Agarwal , JJ . State of Bihar & Anr . vs . Mrs. Manju Sinha LPA No. 1433 / 11 and CC No. 3637 of 2010 . decided on 27th January , 2016 .


( III ) In the event of making the parties to all the joint functionaries and the evidence being sufficient , the option is open to the court / tribunal to hold a mutual limit of the consolidated negligence of the operators .


on this , the sia gopa , namely , Asa Sharan Singh , had fired at the chest of Siddheswar Gope , the informant ' s son , and then there was a fire of magic pill which had fallen down immediately .


hence , where , even after the report was made available , there would be no different consequences , it would be a deformation of justice for the employee to reassume his duty and allow him to get all the consequential benefits .


element of intention is absent from the facts of the case and under the aforesaid facts and circumstances , we have to show the conviction of the appellant under Section 302 IPC to Section 304 Part I of the Indian Penal Code .


22- Keeping in view the established law , it is also to be seen from the evidence of other witnesses examined during the trial and other surrounding circumstances , as to whether the aforesaid witnesses of the occurrence are trustworthy or not .


8- So far as the reliance placed by the learned counsel for the appellant in the case of Bandiga Talukdar ( supra ) is concerned , we find it not relevant for the purpose of the issue involved in the present case .


in support of his above argument , he has relied upon a Division Bench decision of the Karnataka High Court in the case of Bangalore Water Supply and Sewerage Board , Bangalore vs. State of Karnataka ( AIR 2012 Karnataka 186 ) .


if he had not disclosed the year of death to the plaintiff prior to the date of filing of the suit , then how did he get the information of the year of death after the date of filing of the suit ?


be that as it may , the Deputy Director , Head Office did not have jurisdiction under the Act , which would agree with the conclusion of Deputy Director , Rohtas ( Sasaram ) and thus the same continued to the illegality .


( a ) if the cheque is delivered for collection through an account , is situated a branch of the bank where the holder or the account , as the case may be , is running the account in due course ; or


as per the evidence that has come on record , 12 kg of ganja seized from the house of Navdeep Rai was in a packet and 90 kg ‘ ganja ’ from the premises of the appellant was kept in eight packets .


25- The State respondents have placed considerable reliance on the judgment of the Hon ’ ble Supreme Court in the case of Kuldip Singh ( supra ) and , therefore , the learned Single Judge and we have also seen the same .


thus , from the narration of the complaint , it is apparent that on behalf of the opposition no.2 / complainant it has been accepted that the instalment was due on the day of taking possession of the tractor and the trailer .


advocate , M / s D . K . a , AMLA , Financial Institutions , M / s U . s . Ssengrh , U . s . Sengh , U . s . Sengpuh , U . p . Sodd .


the learned senior counsel appearing for the wife and the appellant does not contend that there was no notice of the fact of the filing of the appeal to the husband , though it was due to delay of about three months .


at the time of the commission of the offence , they were on the west 10 Kathas of Mahua tree , at that point of time , none except Ram Pravesh Singh and accused persons , was at the place of occurrence .


8- The above conspectus of the Supreme Court is with reference to dismissal of the writ petition by the High Court on any ground other than gunas and to invoke the jurisdiction of the Supreme Court under Article 32 of the Constitution .


29- As far as the decision of Nanar Singh ( supra ) is concerned , in that case , it has been held that on the terms of the sale deed , the title shall stand transferred from the date of execution .


8- Learned counsel for the petitioners submitted that initially the complaint was kept in her matrimonial home along with her husband Rajiv Ranjan Kumar Pandey and her father-in- law Pandey in village Aama , district of the first page of the information .


(1) (1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State:


(b) the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination, shall cease to have effect on the expiration of a period of 5[seventy years] from the commencement of this Constitution:


(A) such investment made in the shares of such company shall be deemed to be an investment made under this clause for a period of three years from the date on which such public sector company ceases to be a public sector company;


(b) where the property or any part of the property is let and the actual rent received or receivable by the owner in respect thereof is in excess of the sum referred to in clause (a), the amount so received or receivable; or


(8B) Notwithstanding anything contained in sub-section (8) or the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. GSR 870(E), dated the 12th June, 1986, issued thereunder, the provisions of this section shall apply in respect of,—


(iii)  any sum paid to a research association which has as its object the undertaking of research in social science or statistical research or to a university, college or other institution to be used for research in social science or statistical research :


(4)  The prescribed authority shall submit its report in relation to the approval of the said facility to the Principal Chief Commissioner or Chief Commissioner or Principal Director General or Director General in such form and within such time as may be prescribed.


(af) on or after the 1st day of April, 2012, where the specified business is in the nature of setting up and operating an inland container depot or a container freight station notified or approved under the Customs Act, 1962 (52 of 1962);


(a)  the amount of depreciation actually allowed under this Act and 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)  in a case where the original asset is transferred after the 28th day of February, 1979 but before the 1st day of March, 1983, such National Rural Development Bonds as the Central Government may notify in this behalf in the Official Gazette;


(iv)  such debentures issued by the Housing and Urban Development Corporation Limited [a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956)], as the Central Government may, by notification in the Official Gazette, specify in this behalf;


Provided that the income referred to in clause (b) or clause (c) shall, on being included in the total income of the individual, be excluded from the total income of the family or, as the case may be, the spouse of the individual.


(v) as a contribution to any provident fund set up by the Central Government and notified by it in this behalf in the Official Gazette, where such contribution is to an account standing in the name of any person specified in sub-section (4);


(iiihc)  the Army Central Welfare Fund or the Indian Naval Benevolent Fund or the Air Force Central Welfare Fund established by the armed forces of the Union for the welfare of the past and present members of such forces or their dependants; or


(b) an industrial undertaking shall be deemed to be a small-scale industrial undertaking which is, on the last day of the previous year, regarded as a small-scale industrial undertaking under section 11B of the Industries (Development and Regulation) Act, 1951 (65 of 1951).


(ii) being a Unit of an International Financial Services Centre, includes any income referred to in sub-section (2), there shall be allowed, in accordance with and subject to the provisions of this section, a deduction from such income, of an amount equal to—


The E-Waste Management in the Eco-sensitive Zone shall be carried out as per the provisions of the E-Waste Management Rules, 2016 published by the Government of India in the Ministry of Environment, Forest and Climate Change and as amended from time to time.


On the contrary, he has admitted clearly that the endorsement in the coupon is on his own handwriting and, therefore, I am of the view that the decision of the Patna High Court relied upon by the learned counsel is of no help.


As the informant had to go out for his work, he left the place by closing his shop and making over the keys of the shop to the neighbourting shopkeeper with the instruction to make over the keys to Tarun on his return.


In this context he has cited a decision of the Hon'ble Apex Court reported in A.I.R. 1982 S.C. 1297 in a case of Jaya Mala vs. Home Secretary, Government of Jammu and Kashmir and others in which the Hon'ble Apex Court has held:


4- The present proceedings under Articles 226 and 227 of the Constitution of India arise out of a consolidation proceeding under the provisions of the Bihar Land Holdings and Prevention of Fragmentation Act , 1956 ( for short ' the Act ' ) .


thus , the prosecution version about taking the three persons apprehended from the place of occurrence to the police station along with the informator and then submitting their written report and then sending the hospital to the hospital , appears to be doubtful .


17 . as far as the report of the Pleader Commissioner is concerned , it only shows possession but if the order of the SDO is against the circular , then the subsequent action of the plaintiff will not create title for him .


14- On behalf of the petitioners it is submitted that so far as the second part is concerned , in the event of non-application of the first part , it was the duty of the State to exercise its jurisdiction in the case .


on behalf of the appellants , it is submitted that the FIR has not been examined by the prosecution in the course of trial of the witnesses , namely , Siyaramsharanji Chaudhary , Ram Sagar Choudhary , Chandar Devi and Siri Ram Choudhary .


2013 ( 1 ) BLJ & JLJ 6 , it is hereby clarified that with the consent of the parties , this order has been made and no decision has been taken on the merits of any narrative made in the interlocutory application .


though in the case of serving Government servants , an order is to be passed under Rule 97 of the Service Code after his superannuation , it shall be deemed to be an independent order but the consideration shall be nearly the same .


the learned Judge also referred to the earlier judgment of a learned Single Judge of this Court on the differences between two Judges of the Division Bench in the case of Dr. Lakshmi Narain Singh vs. State of Bihar , 1989 BCCS 147 .


he submitted that these primary priorities were instituted by the petitioner alleging breach of discipline and other functions and rigors on the asking of the projector with the consent of the Vice-Chancellor who the acts were detrimental to the activities of the University .


according to the plaintiffs on the contrary , they used to serve her and in the Will , it is mentioned by the Faujdar that he was pleased with the services of the plaintiff and , therefore , he had executed the Will .


it has been clearly laid down in Rule 13 of the said Rule 13 that the Superintendent of Patna Medical College and Hospital , Patna has the power to appoint , discharge or punish a non - gazetted employee except British nursing sister .


the terms and conditions subject to which the licence was granted are on the next page of the file of the court and the office of the licence contained in the file of the department is on the back page of the copy .