Court : Jharkhand
Reported in : 2007(2)BLJR2545
..... jha 'kamal' is convicted for the offence of criminal contempt and sentenced to undergo simple imprisonment for a period of six months;(iii) the matter is referred to the bar council of india to take appropriate action under the bar council of india act against the counsel contemner by following the required procedure in accordance with the law as he has abused his professional privileges while practicing as an advocate. ..... 1 has committed judicial dishonesty, partiality by ignoring the finding of fact by the learned sub-judge-i, giridih, which is in favour of the petitioner in his order dated 21.12.2005 and 16.9.2006 and has repeatedly referred in this order dated 21.12.2005 and 16.9.2006, the finding of fact which is in favour of the respondents end against the petitioner.page 81: yet by referring repeatedly in his impugned orders that the petitioner as appellant has failed to examine any witness in support of his ..... strangely, instead of challenging the aforesaid order dated 21.12.2005 in the appeal and the order dated 16.09.2006 passed in review application before appropriate forum, ashok kumar gupta, the second contemner through counsel mr. k.k. ..... he supported the unsavoury allegations contained in the writ petition and prayed to consider the merits of the writ petition as judicial order dated 21.12.2005 and 16.09.2006 are illegal and direction be issued for sanction under section 197 of the code of criminal procedure for prosecuting the additional district judge.36. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR1057; [2008(2)JCR47(Jhr)]
..... , it would be most appropriate to reproduce one of the notifications issued under section 4 of the land acquisition act acquiring 15883.94 acres of ..... direction of hon'ble high court the committee had held four meetings on 21.09.2006, 14.10.2006, 25.11.2006 & 28.11.2006 and made detail deliberation with respect to the reference made before the committee. ..... land acquisition officer had submitted photo state copy of the said details before the committee on 12.11.2006, the said details are annexed herewith alongwith this report and marked as annexure - 1 series ..... in compliance of the aforesaid order a preliminary report was submitted on 27.10.2006 by the committee constituted by this court consisting of law secretary, state of jharkhand, conciliator, state legal ..... letter of managing director sail/bokaro steel plant dated 27.11.2006 is annexed herewith & marked as annexure - 6 with ..... managing director sail/bokaro steel plant dated 25.11.2006 is annexed herewith & marked as annexure-5. ..... land acquisition judge, bokaro dated 26.09.2006 is annexed herewith & marked as ..... on 12.9.2006, the learned counsel appearing for the bokaro steel plant informed that about 7000 applications are pending under section 28a of the land acquisition act before the collector-cum- ..... if is relevant to mention that on 25.11.2006 as per the decision of the committee the views of managing director sail/bokaro steel plant has been solicited as to whether sail/bokaro steel plant is ready to pay the aforesaid tentative .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(1)JCR451(Jhr)]
..... aforesaid amount the possibility of filing of different applications under section 28a if the aforesaid 10 cases pending before land acquisition judge, bokaro ultimately decided in favour of land owners.it is relevant to mention that on 25.11.2006 as per the decision of the committee the views of managing directors sail/bokaro steel plant has been solicited as to whether sail/bokaro steel plant is ready to pay the aforesaid tentative compensation amount or not. ..... appreciation, it would be most appropriate to reproduce one of the notifications issued under section 4 of the land acquisition act acquiring 15883.94 acres of ..... the original letter of managing director sail/bokaro steel plant dated 27.11.2006 is annexed herewith and marked as annexure-6 with this report.it is worth to mention that for bokaro steel plant some lands had been acquired at bhawnathpur, garhwa ..... the letter addressed to managing director sail/bokaro steel plant dated 25.11.2006 is annexed herewith and marked as annexure-5.in response to aforesaid letter the managing director sail/bokaro steel plant vide ..... in compliance of the aforesaid order a preliminary report was submitted on 27.10.2006 by the committee constituted by this court consisting of law secretary, state ..... singh, land acquisition judge, bokaro dated 26.9.2006 is annexed herewith and marked as annexure-3.during the deliberation, director (project) land & rehabilitation had stated that in the aforesaid cases pending before the land acquisition judge, bokaro .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2007Jhar67; [2007(3)JCR193(Jhr)]
..... convicted for the offence of criminal contempt and sentenced to undergo simple imprisonment for a period of six months;(iii) the matter is referred to the bar council of india to take appropriate action under the bar council of india act against the counsel contemner by following the required procedure in accordance with the law as he has abused his professional privileges while practicing as an advocate. ..... the aforesaid order dated 21.12.2005 in the appeal and the order dated 16.9.2006 passed in review application before appropriate forum, ashok kumar gupta, the second contemner through counsel mr. k.k. ..... unsavoury allegations contained in the writ petition and prayed to consider the merits of the writ petition as judicial order dated 21.12.2005 and 16.9.2006 are illegal and direction be issued for sanction under section 197 of the code of criminal procedure for prosecuting the additional district judge.36 ..... contemner lawyer issued a notice to sri manoranjan kavi, seeking his clarification as to how despite notification dated 18.12.2006, 19.12.2006 and 20.12.2006 by him on behalf of the hon'ble chief justice, this case was listed before hon'ble mr. ..... dishonesty, partially by ignoring the finding of fact by the learned sub-judge-i, giridih, which is in favour of the petitioner in his order dated 21.12.2005 and 16.9.2006 and has repeatedly referred in his orders dated 21.12.2005 and 16.9.2006, the finding of fact which is in favour of the respondents and against the petitioner.page 81. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR417(Jhr)]
..... shall continue to hold the same post or office in that successor state, and shall be deemed, on and from that day, to have been duly appointed to the post or office by the government of, or any other appropriate authority in, that successor state : provided that nothing in this section shall be deemed to prevent a competent authority, on and from the appointed day, from passing in relation to such person any order affecting the continuance in ..... by learned single judge mainly on the basis of judgment of this court in the case of arvind bijay billing reported in 2001 (3) jcr page 155 (jhr) wherein it was held that under section 74 of the bihar re-organization act, 2000, a person who was holding or discharging duties of any post or office in connection with the existing state of bihar prior to november 15th, 2000 he will continue to hold the same post or office, in that ..... shivnath tried to persuade us that the word 'or' accruing in section 74 of the reorganization act, should be read in disjunction so as to mean that section 74 will apply to a person who immediately before the appointed date is discharging the duties even if he was not holding any post or office in ..... for the determination of the issue, it is better to refer section 74 of the reorganization act, 2000 which reads as follows :--'provisions as to continuance of officers in same post--every person who, immediately before the appointed day is holding or discharging the duties of any post or officer in connection with the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(1)JCR159(Jhr)]
..... a complaint which is not in the proper form or which does not contain the aforesaid particulars to the complainant for representation after compliance with such objections and within such times as the appropriate government may specify:provided that if the subject-matter in a complaint is, in the opinion of the said government substantially the same as or covered by, any previous complaint and if there ..... government in the corresponding acceding state, and in a part c state, the central government;(b) as respects anything done after the commencement of the constitution and before the commencement of the constitution (seventh amendment) act, 1956, shall mean, in a part a state, the governor, in a part b state, the rajpramukh, and in a part c state, the central government;(c) as respects anything done or to be done ..... is not defined either in the said act or in the said rules, but rule 4 of the said rules gives the hint about the competent authority which means such officer or authority of the appropriate government as that government may, by notification ..... the consents of the said letter are as follows:vibhagiya sachiv dwara dinank 26.6.2006 ko apke karyasthal par apke dwara sampadit notarial karyon ka nirikshan kiya gaya zisme anek aniyamittaye pai gayi.apke dwara barti gayi ..... instant case, an enquiry had been initiated by annexure-3 which is a letter dated 13.9.2006 issued by sri ramnarayan prasad, additional secretary to the government, department of law (justice .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR264(Jhr)]; (2003)IILLJ1058Jhar
..... his services were not transferable is an incorrect and false plea raised as an after thought for the sake of convenience in the instant case for the first time.it is reiterated that at no stage did the management act in any manner to torture or victimise the concerned workman by adopting any unfair labour practice.it is submitted that the plethora of allegations made in the said paragraphs under reply, hardly bear any relevance in the present ..... with the intention of harassing or victimising him.the statements made in paragraphs 7 and 8 of the ws under reply prove the transferability of the services of the concerned workman and the fact that he accepted and acted in compliance of his transfer orders without raising objection that his services were not transferable.he has stated no where in the said paragraph of the written statement that he had raised the objection that his services ..... nothing contained in sub-section (1) shall apply to an industrial establishment in respect of which the appropriate government is the government of the state of gujarat or the government of the state of maharashtra ..... he would have been better advised to take appropriate steps against the management or any of its officers in accordance with the legal remedies provided in the industrial disputes act regarding workman's harassment, torture or unfair labour practice at the relevant time and not having done so, he can not be permitted to fall back upon all those allegations of the past for the first time in .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004(52)BLJR636; [2004(2)JCR390(Jhr)]
..... even if this be the position, now that the question has arisen and the learned judge has left it open for decision by the appropriate civil court, and we find that the decision is bad in law, this aspect sought to be raised may not lead to a ..... of that finding, obviously, that society had the claim to be in management of the affairs of the mosque and in the light of our finding that the chairman had acted illegally in granting registration to the wakf committee had acted illegally in granting registration to the wakf committee, the logical corollary would be to find that the society committee had the right to be the mutawalli of the mosque. ..... it may be noted that decisions are to be taken by the wakf board at meetings of the board as indicated by section 17 of 1995 act, corresponding to section 14 of 1954 act and the decisions are to be taken by a majority of all the members of the board present, subject to a casting vote in favour of the chairman, in case of ..... in the light of the reasoning as above, we have no hesitation in holding that it is the society registered under the societies registration act and its managing committee that has the right to be put in management of the affairs of the properties, including the shops, the buildings ..... challenging the decision of the learned single judge to the extent he has found that the registration of the eqra mosque under the wakf act was not valid and leaving the parties to approach a civil court for getting that question adjudicated upon.2. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004(1)BLJR636
..... even if this be the position, now that the question has arisen and the learned judge has left it open for decision by the appropriate civil court and we find that the decision is bad in law, this aspect sought to be raised may not lead to a different conclusion ..... in the face of that finding, obviously that society had the claim to be in management of the affairs of the mosque and in the light of our finding that the chairman had acted illegally in granting registration to the wakf committee, the logical corollary would be to find that the society committee had the right to be the mutawalli of the mosque. ..... it may be noted that decisions are to be taken by the wakf board at meetings of the board as indicated by section 17 of 1995 act, corresponding to section 14 of 1954 act and the decisions are to be taken by a majority of all the members of the board present, subject to a casting vote in favour of the chairman, in case of equality of ..... in the light of the reasoning as above, we have no hesitation in holding that it is the society registered under the societies registration act and its managing committee that has the right to be put in management of the affairs of the properties, including the shops, the buildings and the mosque ..... therefore, to the extent the learned single judge held that no registration could have been granted under the societies registration act, the same has to be reversed and the relief granted of quashing the certificate of registration has to be set aside .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(117)FLR781]; [2008(2)JCR595(Jhr)]
..... of the employees state insurance corporation, it has been contended that the grant of exemption or refusal thereof is decided by the appropriate government on the basis of the material available for their consideration. ..... mehta, learned government advocate, appearing on behalf of the appropriate government submitted that the reasons have been categorically assigned in the impugned order showing the difference of the benefits given to the employees of the petitioners vis-a-vis the benefits given by the ..... being satisfied with the scheme, the appropriate government had granted exemption for about last ..... learned counsel submitted that the appropriate government had been granting exemption to the petitioner for the last several years on being satisfied that they provide better facilities than the employees' state ..... prayed for quashing the order dated 7th august, 2000, whereby the petitioner's application for grant of exemption for the year 1996-97 and 1997-98 under section 87 of the employees' state insurance act, 1948 (hereinafter to be referred to as the 'act') have been rejected.3. ..... an admitted fact that earlier for several years, exemption was granted to the petitioner under section 87 of the said act, continuously. ..... disposal of the petition, no coercive action shall be taken against the petitioners for non-compliance of the provisions of the said act. ..... been stated that the petitioner-company has its own welfare scheme more favourable than the scheme provided under the said act. .....
Tag this Judgment!