Court : Jharkhand
..... even then, officials of the respondent state had taken upon themselves to adjudicate over the possession of the petitioner therein and resort to force to remove them from possession thereof. such act of the respondent state authorities were held to be unconstitutional. accordingly, the district magistrate cum collector, gaya was directed to restore the ..... of removal of alleged unauthorized occupation of one or the other person on the basis of administrative inquiry. at best, the deputation of magistrate and police force could have been made to maintain law and order leaving the party to seek relief over their respective claims from the competent court of law. the ..... appointing executive magistrate for the purposes of vacating the illegal possession of the petitioner from the school room, hostel and office with the help of police force.5. respondent no. 6 has appeared on notice and contested the prayer made herein with the preliminary objection that the prayer for restoration of possession is .....
Tag this Judgment!Court : Jharkhand
..... the petitioner called her in his room and repeated the same statement to send her to europe in order to make her career and sat near her and using force upon her tried to open her clothes. the informant raised objection then he left her. since the petitioner was aged about 70 years, she could not understand his ..... gist of defence but the 4 investigating officer wants the appearance of this petitioner before him with intention to arrest this petitioner, which would be evident from the act of the investigating officer that during pendency of this writ application, warrant of arrest has been issued against this petitioner, which has been brought on record by filing ..... officer to arrest without an order from a magistrate and without a warrant, if a cognizable offence has been committed. obviously, the investigating officer is not expected to act in a mechanical manner and in all cases to arrest the accused as soon as the report is lodged in an appropriate case after some investigation. if the .....
Tag this Judgment!Court : Jharkhand
..... of sub-inspector cannot be lost sight of as he exercises authority over the subordinate rank of personnel like constable, havildar or assistant sub-inspector in the police force. it may also happen that a meritorious candidate with a rather unclean service record (having faced a major punishment) can still be appointed as a sub- ..... any provision of the constitution of india. (d) failure to conform to the statute under which it is made or exceeding the limits of authority conferred by the enabling act. (e) repugnancy to the laws of the land, that is, any enactment. (f) manifest arbitrariness/unreasonableness (to an extent where the court might well say ..... irrational. we have considered the submissions of the learned counsel for the parties, gone through the relevant materials on record and also the relevant provisions of the police act, 1861; police manual and the impugned rules itself. we may, at the outset, observe that the instant rules are altogether new rules framed by the employer state .....
Tag this Judgment!Court : Jharkhand
..... of chhindwara and a part of the area of chandrapur at one point of time belonged to the same region and under the constitution (scheduled tribes) order, 1950 as it originally stood the tribe halba/halbi of that region may be given the same protection. in a case of this nature the degree of disadvantages ..... to whether the members of a scheduled caste belonging to one region would continue to get the same benefits despite bifurcation thereof in terms of the state reorganization act. the answer would be in affirmative as the scheduled castes and scheduled tribes have suffered disadvantages and been denied the facilities for development and growth in several ..... that the petitioner is not being treated in the same manner as the candidates whose names have appeared in the final results are being treated and the acts of the respondents suffer from arbitrariness. learned counsel further argued that the petitioner has fulfilled all the criteria which was necessary for issuance of caste certificate and .....
Tag this Judgment!Court : Jharkhand
..... 1898 contained no general provision for limitation. though under certain special laws like the negotiable instruments act, 1881, the trade and mearchandise marks act, 1958, the police act, 1861, the factories act, 1948 and the army act, 1950, there are provisions prescribing period of limitation for prosecution of offences, there was no general law ..... and he was directed to produce the register appertaining to minimum wages, attendance register and muster rolls maintained under the provisions of the minimum wages act.4. vide office memo no.52, dated 25.02.2009, the petitioner failed to produce the aforesaid documents which amounts to contravention of provisions ..... of limitation for prosecution of other offences. (para19) cognizance is an act of the court. the term .....
Tag this Judgment!Court : Jharkhand
..... when officer in charge of kanke police station got an information regarding communal violence between members of two communities at village sukurhutu, he alongwith the police force arrived there. they tried to pacify members of both the communities who were armed variously with dangerous weapons, however, they were aggressively trying to hurt each ..... unable to control them. in the meantime, senior police officers and officers from the administration arrived there. finally, the police party had to fire in the air to disperse the mob. in the incident, officer in charge of kanke police station namely, rajiv ranjan suffered head injury and government vehicles were damaged. several ..... .08.2017 records that accused petitioners in this batch of bail applications have raised almost identical grounds for bail. it is contended that no specific overt act has been attributed to any of the petitioners. they have denied being part of the mob which allegedly was involved in the occurrence. moreover, the .....
Tag this Judgment!Court : Jharkhand
..... when officer in charge of kanke police station got an information regarding communal violence between members of two communities at village sukurhutu, he alongwith the police force arrived there. they tried to pacify members of both the communities who were armed variously with dangerous weapons, however, they were aggressively trying to hurt each ..... unable to control them. in the meantime, senior police officers and officers from the administration arrived there. finally, the police party had to fire in the air to disperse the mob. in the incident, officer in charge of kanke police station namely, rajiv ranjan suffered head injury and government vehicles were damaged. several ..... .08.2017 records that accused petitioners in this batch of bail applications have raised almost identical grounds for bail. it is contended that no specific overt act has been attributed to any of the petitioners. they have denied being part of the mob which allegedly was involved in the occurrence. moreover, the .....
Tag this Judgment!Court : Jharkhand
..... when officer in charge of kanke police station got an information regarding communal violence between members of two communities at village sukurhutu, he alongwith the police force arrived there. they tried to pacify members of both the communities who were armed variously with dangerous weapons, however, they were aggressively trying to hurt each ..... unable to control them. in the meantime, senior police officers and officers from the administration arrived there. finally, the police party had to fire in the air to disperse the mob. in the incident, officer in charge of kanke police station namely, rajiv ranjan suffered head injury and government vehicles were damaged. several ..... .08.2017 records that accused petitioners in this batch of bail applications have raised almost identical grounds for bail. it is contended that no specific overt act has been attributed to any of the petitioners. they have denied being part of the mob which allegedly was involved in the occurrence. moreover, the .....
Tag this Judgment!Court : Jharkhand
..... when officer in charge of kanke police station got an information regarding communal violence between members of two communities at village sukurhutu, he alongwith the police force arrived there. they tried to pacify members of both the communities who were armed variously with dangerous weapons, however, they were aggressively trying to hurt each ..... unable to control them. in the meantime, senior police officers and officers from the administration arrived there. finally, the police party had to fire in the air to disperse the mob. in the incident, officer in charge of kanke police station namely, rajiv ranjan suffered head injury and government vehicles were damaged. several ..... .08.2017 records that accused petitioners in this batch of bail applications have raised almost identical grounds for bail. it is contended that no specific overt act has been attributed to any of the petitioners. they have denied being part of the mob which allegedly was involved in the occurrence. moreover, the .....
Tag this Judgment!Court : Jharkhand
..... when officer in charge of kanke police station got an information regarding communal violence between members of two communities at village sukurhutu, he alongwith the police force arrived there. they tried to pacify members of both the communities who were armed variously with dangerous weapons, however, they were aggressively trying to hurt each ..... unable to control them. in the meantime, senior police officers and officers from the administration arrived there. finally, the police party had to fire in the air to disperse the mob. in the incident, officer in charge of kanke police station namely, rajiv ranjan suffered head injury and government vehicles were damaged. several ..... .08.2017 records that accused petitioners in this batch of bail applications have raised almost identical grounds for bail. it is contended that no specific overt act has been attributed to any of the petitioners. they have denied being part of the mob which allegedly was involved in the occurrence. moreover, the .....
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