Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8 -- Contraband - Conviction - Validity - Appellant found to be in company of co-accused from whose possession offending article recovered - Conviction of appellant based upon alleged confessional statement made by him to Superintendent of Excise under provisions of Bihar and Orissa Excise Act as well as..........
Service -- Promotion - Ad hoc appointment - If initial appointment/promotion is only ad hoc and not according to rules and made as a stop gap arrangement, officiation on such post cannot be taken into account for considering seniority - High Court not justified in directing State Government to count seniority from date of officiating appointment and give all consequential..........
Criminal Procedure Code, 1973, Section 195(1)(b)(3), Bihar Land Reforms Act, 1950, Section 19 -- Word `Court' - Held, Compensation Officer appointed under the Act of 1950 is not a `Court' within meaning of S.195(1)(b) Cr.P.C...........
Electricity -- Theft - Finding as to - Has to be arrived at after giving show cause notice to consumer allegedly engaged in theft of electricity - Invoking penal provisions of Cl.16.9 of Bihar Boards Tariff for raising demands and disconnecting consumer's line without giving show cause notice - Held, not proper...........
Bihar Building (Lease, Rent and Eviction) Control Act, 1982, Section 11(1)(e) -- Lease for a specified period of five years - Expiry of lease period - Landlord has right to evict the tenant under S.11(1)(e) - However, if there is not valid lease for a specified period, the landlord cannot rely on the said ground to evict the tenant...........
Bihar Building (Lease, Rent and Eviction) Control Act, 1982, Section 13, 14(8) -- Eviction petition - Dismissal - Remedy is to file appeal invoking S.96 of CPC and not revision to High Court...........
Bihar Building (Lease, Rent and Eviction) Control Act, 1982, Section 14(8) -- Appellate order - Revision - Does not lie - Appeal under S.100 of CPC is proper remedy - Revision treated as second appeal...........
Bihar Building (Lease, Rent and Eviction) Control Act, 1982, Section 13, 14, Civil Procedure Code, 1908, Section 100 -- Eviction petition - Second appeal - Bonafide requirement - Eviction ordered on this ground - It is entirely a matter to be decided on appreciation of evidence - It does not give rise to any substantial question of law - First appellate Court gave finding..........
Hindu Marriage Act, 1955, Section 13, 23, 27 -- Divorce petition by wife - Decree by trial Court - Validity - Unreasonable conduct of wife to stay unreasonably in her parent's house when she was married - Wife alleging adultery by husband without evidence - Husband making offer to keep wife with him in proceedings u/s 125 Cr.P.C. - Wife highly qualified has to adjust with..........
Rent and Eviction -- Eviction petition on ground on non payment of rent - During pendency of suit directions given to deposit arrears of rent in Court - Tenant deposited rent - Deposit withdrawn by landlord - Later another eviction suit filed on ground that deposit in earlier suit was not in time - Suit not maintainable. (Bihar Building Control Act, Ss.11 & 15)..........
