Reported in : 2004ACJ2134; [2004(102)FLR927]; (2004)IIILLJ250MP; 2004(3)MPHT7; 2004(2)MPLJ445
.....anr., (air 2000 sc 238), observed in para 24 that :--'before parting with the discussion on this point, it is necessary to keep in view the salient fact that the act is a beneficial piece of legislation intended to provide benefits to employees in case of sickness, maternity, employment injury and for certain other matters in relation thereto. it is enacted with a view to ensuring social welfare and for providing safe insurance cover to employees who were likely to suffer from various physical illnesses during the course of their employment. such a beneficial piece of legislation has to be construed in its correct perspective so as to fructify the legislative intention underlying its enactment......'9. thus, the provisions of a beneficial legislation are to be interpreted in a manner which helps in achieving the object sought to be achieved by the legislature by enacting the said law and also advances the cause of justice.10. in the above backdrop we now propose to consider the rival submissions of the learned counsel for the parties.11. m/s. rajendra tiwari, a.g. dhande, senior advocates, shri p.d. gupta, deputy advocate general and shri naman nagrath, advocate appearing as.....
Tag this Judgment! Ask ChatGPTReported in : 2003CriLJ2486
.....on 31-8-1998, 16-1-1999, 4-3-1999 and 12-5-1999. it was thus found that the office bearers looking after the affairs of the organization have in fact dishonestly misappropriated the funds released in favour of the organization. consequently fir dated 6-6-1999 was filed and on completion of the investigation police submitted charge-sheet under sections 406/409 of ipc against the petitioner who was the secretary-treasurer of the organization as well as against other office bearers, viz., the president and the vice-president of the organization.3. heard sri vinod sharma, learned counsel for the petitioner and learned a.g.a. for the respondent-state.4. learned counsel for the petitioner submitted that the fir was lodged without taking into account that the organization had completed the work worth rupees 2,36,746.00 as against sum of rs. 2.05 lacs released in favour of the organization under the jawahar rojgar yojana and further that the work undertaken was inspected and verified by assistant engineer, construction division, u.p. jal nigam, parola and countersigned by executive engineer in the month of october, 1999 and the same was also submitted for verification to the district.....
Tag this Judgment! Ask ChatGPTReported in : [2003(3)JCR20(Jhr)]
.....view of aforesaid provision of law (section 84), even if the 1993 rules has not been adopted with modification by the government of jharkhand under section 85. the 1993 rules continues to be in force in the territories of both the successor state of bihar, as also jharkhand.12. as per schedule i of the 1993 rules, the post of director of fisheries is a cadre - non-selection post, required to be filled up by promotion on the basis of seniority-cum-merit, from amongst the incumbent of class-i post having working experience of at least 10 years in class-i, such as regional director of fisheries; joint director of fisheries: principal or equivalent post, to be selected by a departmental promotion committee headed by the chairman of public service commission or its nominated member and other members i.e, secretary, fisheries department; personnel secretary or his nominated representativeand a sc/st officer nominated by the personnel department not below the rank of joint secretary. 13. the statutory rule 1993 being specific, it is not open to the respondents to fill up the post of director of fisheries, fisheries department, jharkhand by direct recruitment nor the j.p.s.c. has.....
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.....958 stands recorded as gair mazarua mallk. from perusal of annexure-3, which is service report of general notice, it appears that several persons of the village put their signature in the service report. it can therefore be held that petitioners were not noticed or any opportunity of hearing was given to them.8. be that as it may, neither the appellant prima facie proved his title or possession over the land of plot no. 958 nor in any way he has got interest in the said land. in that view of the matter, i do not find any infirmity or illegality in the order passed by the circle officer allowing basgit parcha in favour of respondent no. 3. the impugned order needs no interference. this writ application is dismissed.
Tag this Judgment! Ask ChatGPTReported in : [2003(3)JCR398(Jhr)]
.....that defendant no. 2 had set up an exclusive title in nabi, his father and such exclusive title could not have come into being on the admitted facts unless there had been a partition among the brothers. it thus came to the conclusion, based on the sale-deed executed by fashi ahmad, that the case of partition set up by the plaintiffs among the sons of ghani is probable. the probability was sought to be strengthened by relying on the discrepancy in the oral evidence on the defence side regarding the time when .the building in a-schedule was constructed. thus, the trial court upheld the case of the plaintiffs that they had title over plaint a-schedule property and b-schedule structure. a decree for recovery on title was, therefore, granted. on appeal by the defendants, the learned single judge, on a reiteration of the reason given by the trial court in the light of the arguments raised before him, agreed with the conclusions of the trial court and dismissed the appeal. the learned judge also read the written statement of defendant no. 2 with particular reference to paragraphs 9 and 14 thereof as containing a plea of exclusive title in nabi. this supported the case of partition.....
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.....causing loss and injury to the said land and depriving them from the agricultural produce.2. from reading the affidavits filed by the parties the facts which emerge are that the aforesaid land was recorded in c.s. records of right as gairmazurua malik land in the name of samilat malikan. in the year 1992, by virtue of a partition in suit no. 15/1922 and in terms of batwaraship the land in question was allotted to jaghdeo tiwari and others. in 1948 by virtue of a notification issued under the bihar private protected forest act the plot in question was shown as private forest. against the said notification the predecessor-in-interest of the petitioner filed an objection before the forest settlement officer which was registered as case no. 8031/1940-50 8031/1940-50 . the forest settlement officer, after making inquiry, passed a reasoned order excluding the afore-mentioned plot from the said notification. a copy of the order passed by the forest settlement officer has been annexed as annexure-3 to the writ application. it further appears that after vesting of the land under the b.l.r. act return was filed in respect of the aforesaid plot also and the petitioners are said to have.....
Tag this Judgment! Ask ChatGPTReported in : [2003(3)JCR395(Jhr)]
.....to interfere with that punishment. counsel further pointed out that during the period from 8.7.1985 till she was reinstated, the petitioner had in fact not worked in the school.7. learned counsel for the petitioner relied on a decision of the supreme court, in desh raj gupta v. industrial tribunal iv, u.p., lucknow and anr., reported in air 1990 supreme court 2174, with particular reference to para-9 thereof to submit that since the order of dismissal has been set aside and another punishment has been imposed, the punishment cannot relate back to the original order of dismissal with effect from 8.7.1985 and there was no justification in depriving the petitioner of back wages on the basis of a punishment which took effect from 8.7.1985. we think that, taking note of the long pending litigation and the nature of the charge proved, and the totality of circumstances available, we would be justified in interfering to some extent with the punishment awarded by the appellate authority under the act. it is no doubt true that in a situation where we are interfering with a decision of the appellate authority, the proper course to adopt would be to quash that part of the order of the.....
Tag this Judgment! Ask ChatGPTReported in : [2003(4)JCR300(Jhr)]
.....the question and decide whether the service conditions of the teachers of the school were governed by the dps society rules or the bihar education code or the cbse rules and bye-laws as it was specifically mentioned in his contractual temporary appointment letter (exhibit 1) that he was to be governed by the dps rules. further, whether the school was established and managed by the cbse or was under he financial control of sail was also not required to be gone, into and decided in the suit.23. the plaintiff was not a teacher of the school appointed on regular basis and admittedly his appointment as grade iv teacher was made by the managing committee temporarily for a fixed period on ad-hoc basis which stood terminated automatically on the expiry of the said period. if the plaintiffs services would have been terminated during the period of temporary appointment, service of one month's notice or payment of salary in lieu of notice was necessary, but since his services stood terminated automatically on expiry of the fixed period, there was no necessity for either notice or payment of salary to him. in my view, therefore, only question which was involved in the suit was whether.....
Tag this Judgment! Ask ChatGPTReported in : 96(2003)CLT131
.....it did not adduce any rebuttal evidence. when the matter stood thus, the court below in exercise of the discretion vested in it has appreciated the facts and circumstances and extended the discretion in favour of the defendant and has accordingly set aside the ex parte decree. under such circumstance, and in the absence of illegality or perversity in that approach, this court is not supposed to interfere with that factual finding while in seisin of the matter under section 115, of the code. in the case of kalinga paints & chemicals (supra) in paragraph 10, this court has reiterated that- 'when an ex parte decree is set aside, this court would not normally interfere with the same. if precedent is searched for 37 (1971) clt 124 (kelu charan pradhan v. mani ram), where substantial justice is done, there should be no interference. 'for the reasons indicated above, this court does not think it proper to interfere with the aforesaid finding of fact and particularly when there is no rebuttal evidence from the side of the plaintiff to caste doubt on the genuineness of the reason assigned by the defendant.10. plaintiff invites attention of this court to paragraph-11 of the above cited.....
Tag this Judgment! Ask ChatGPTReported in : 96(2003)CLT388; 2003(I)OLR554
.....of disability at 25% but the loss of earning capacity has been fixed at 20%. taking monthly earning of p.w. 1 as rs. 1500/- per month and the age factor for calculation of compensation as 30 years, the commissioner held that p.w. 1, the claimant in w.c. case no, 88-d of 2000 was entitled to rs. 37,436.40 or rs. 37,436/-. similarly in w.c. case no. 88-d of 2000 the tribunal found from evidence on record that the loss of earning capacity of p.w. 2 at 20%. taking the earning of the driver at rs. 2000/- and the age factor for calculation of compensation as 33 years, determined a sum of rs. 48, 398/- as the sum payable. the national insurance company ltd., the appellant, being the insurer of the truck in question, has been held to be liable to pay the aforesaid amount.6. the learned counsel for the appellants assail the impugned awards mainly on the ground that reasonable opportunity was not given to the appellant to adduce any evidence to the effect that the injured persons were not workman, since they were members of 'maa mangala band party' and the truck was hired by the owner of the said band party. the contention of the learned counsel that the appellant was not given adequate.....
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