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Judgment Search Results Home > Cases Phrase: appropriation act 2006 Court: jharkhand Page 3 of about 8,003 results (0.051 seconds)

Apr 08 2016 (HC)

Meera Devi and Ors Vs. Ashok Kumar Sah and Ors

Court : Jharkhand

..... counsel for the respondent corporation submits that they are inclined to pass appropriate orders on the application of the petitioner in view of the exigency which has occurred. ..... the simple grievance of the petitioner herein is that he has made an application before the respondent corporation on 5th of june 2006 for passing necessary orders under section 194 of the bihar municipal act, 1922 for granting permission to the petitioner to demolish the building as it is in dilapidated condition.3. ..... 4-deoghar municipal corporation to take an appropriate decision in accordance with law on the application of the petitioner which is pending before them, as expeditiously as possible. 3. ..... let the writ petition be listed under the appropriate heading for its consideration in the first week of may before the appropriate bench. ..... let the matter appear under the appropriate heading. 2. ..... house of the writ petitioner which were sought to be demolished on account of being in a dilapidated condition and in that context, said order has been passed also observing that the concerned parties may move before the appropriate court.4. .....

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Aug 27 2008 (HC)

Sheo Prakash Sinha and ors. Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2009(57)BLJR336; [2008(4)JCR316(Jhr)]

..... the respondents, in his attempt to justify the initiation of the land acquisition proceeding and the legality thereof, would explain that the respondents had issued a mandatory notice under section 4(1) of the act and had published the same in two local newspapers one of which was of the local vernacular and even as admitted by the petitioner, they got the information about the land acquisition proceeding from ..... are however, at liberty to initiate proceeding for acquisition of the lands for the purposes of rehabilitation of khatals at suitable and appropriate places as they may deem appropriate, but only after complying with the mandatory provisions for such acquisition, as laid down under the act.with the above observations and directions, these writ applications are disposed. ..... by a supplementary counter-affidavit, the respondent land acquisition officer wants to explain that the land acquisition proceeding was initiated under the provisions of section 17(1) of the act and not under section 17(2) of the act and resort to the provisions of section 17(1) of the act was taken on the ground of urgency to rehabilitate the khatals, in the light of the orders passed by the high court in the aforesaid public interest litigation after following the ..... of 2006-07, is ..... 01 of 2006-2007 was initiated at the level of the district land ..... 1 of 2006-07, but no order was passed on the objections of the petitioners and on the other hand, ..... 1 of 2006-07 (annexure-3) in respect of the lands belonging .....

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Jul 04 2016 (HC)

H N Pareek and Company Through One of Its Partners Namely K K Pareek V ...

Court : Jharkhand

..... the contention regarding the lack of service upon petitioner of the letters dated 20.7.2015, annexure-a -4- series and the order of assessment dated 17.8.2015, annexure-b series passed under section 45 a of the esic act, 1948 by referring to the extract of the dispatch register and the receipts of the registry enclosed thereto under which the same were dispatched to the petitioner. ..... 6970 of 2006 vide judgment dated 11.1.2007(annexure-1), the learned single judge of this court was -2- pleased to direct the respondent- corporation to reconsider petitioner's prayer for allotment of independent registration and code number and pass appropriate reasoned order in ..... on the letter, annexue-c dated 25.5.2016 which is in relation to initiation of recovery proceeding under section 45 c to 45 i of the esic act, 1948 addressed by the assistant director of the corporation to recovery officer with copy to the petitioner and other partners. ..... in the presence of an alternative statutory remedy available under section 45aa of the act of 1948 against any such order of assessment under section 45 a of the act or recovery proceeding initiated there under, this court considers it proper to relegate the petitioner to pursue the appellate authority with liberty to raise all such grounds of law and facts ..... issued upon the respondent- state of jharkhand to consider the petitioner's application for exemption from the application of the provisions of esi act by passing speaking order within stipulated period. .....

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Apr 11 2017 (HC)

Ms Adhunik Power and Natural Resources Limited Through Its Authorized ...

Court : Jharkhand

..... (2010)11 sc186has also dealt with the precedence on the point and clearly gone on to hold that in an appropriate case the writ petition arising out of contractual obligation against the state or its instrumentality of state is maintainable. ..... company] must be treated like any other independent person with its rights and liabilities [legally] appropriate to itself whatever may have been the ideas or schemes of those who brought it into ..... above discussion of ours, the following legal principles emerge as to the maintainability of a writ petition: (a) in an appropriate case, a writ petition as against a state or an instrumentality of a state arising out of a contractual obligation ..... kerr has also referred to story s equity jurisprudence and deffined fraud as: fraud, in the contemplation of a civil court of justice, may be said to include properly all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust or confidence, justly reposed, and are injurious to another, or by which an undue or 33 unconscientious advantage is ..... of fact of a complex nature, which may for their determination require oral evidence to be taken, and on that account the high court is of the view that the dispute may not appropriately be tried in a writ petition, the high court may decline to try a petition. ..... by such act may have any other remedy before appropriate forum of ..... enterprises reported in 2006(13)scc599and m/s adani ..... enterprises reported in 2006(13)scc599and m/s adani ..... 2006 .....

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Jan 24 2007 (HC)

Dr. Smt. Kamini Barnwal Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2007(2)JCR66(Jhr)]

..... 2 who will enquire into the entire matter and will issue appropriate orders within two weeks from the date of receipt/production of a copy of this order, but till then respondent no. ..... 3 was made in-charge/drawing and disbursing officer by the said notification dated 11.7.2006, he started making complaints against the petitioner relating to earlier periods, though no such complaints were made earlier by any body, and therefore it is absolutely wrong that after the complaints were received, the respondent no. ..... 3 joined as incharge/drawing and disbursing officer pursuant to the impugned notification dated 11.7.2006, he made complaints against the petitioner.6. ..... 3, who is junior to her, has been posted as incharge and has been made drawing and disbursing officer at primary health centre, ormanjhi, ranchi vide notification dated 11.7.7.2006 (annexure-2) ignoring the circular no. ..... 3 is restrained from acting as incharge/drawing and disbursing officer.7. .....

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Jan 11 2007 (HC)

H.N. Pareek and Co., Through One of Its Partners Sri H.N. Pareek Vs. S ...

Court : Jharkhand

Reported in : [2007(2)JCR72(Jhr)]

..... 2-4 to grant the petitioner an independent and separate code number under the provisions of employees state insurance act, 1948 (hereinafter referred to as the 'said act') and also for quashing the order dated 17.10.2006 (an-nexure-7) whereby the petitioner has been directed to pay the employees' contribution to the tune of rs. ..... the petitioner has further prayed for a direction on the state government to consider the petitioner's claim for exemption from application of the provisions of the act and to pass appropriate order under the provisions of the said act.2. ..... for the said reasons, the respondents-corporation is directed to reconsider the petitioner's prayer for allotment of independent registration and code number to the petitioner and to pass appropriate reasoned order in accordance with law. ..... 1 is also directed to consider the petitioner's application for exemption from the application of the provisions of the said act and pass speaking order in accordance with law within a period of six weeks from the date of receipt/ production of a copy of this order. ..... after hearing learned counsel for the parties and perusing the materials on record, i find that the petitioner has prayed for exemption from the application of the provisions of the employees state insurance act, 1948 by filing a representation (annexure-8) before the concerned secretary of the government of jharkhand as far back as on 31.10.2006, but till date no order has been passed by the said authority. .....

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Aug 28 2017 (HC)

M/S Oriental Insurance Company Vs. Bodya Oraon and Anr.

Court : Jharkhand

..... can adjudicate upon the dispute raised before it, but before entering into the merit of the case, it has to follow the procedure and requirement of sub section (7) of section 22 c of the act, 1987 for making all the efforts of settlement of the dispute, and if no settlement is arrived at, then again the parties should be made aware about the legal position of the procedure and effect ..... and the provisions of indian evidence act and also that there shall be no appeal against the award, passed by the permanent lok adalat, and even after this awareness, if both the parties give consent that permanent lok adalat may decide ..... an application before the permanent lok adalat for settlement of the dispute and, therefore, permanent lok adalat ought to follow, as stated hereinabove, the procedure and the requirement of subsection (7) of section 22 c of the act, 1987, and if no settlement is arrived at, then again, option should be given to the parties to the dispute, after making them aware of the non applicability of the provisions of the code of civil procedure ..... liberty to take appropriate recourse as provided under ..... am of the considered view that the impugned order dated 06.09.2006 has been passed by the pla, ranchi without observing the requirement of section 22c (7) of the act, 1987 and thus, the same cannot be legally sustained. .....

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Apr 17 2015 (HC)

Satyanand Bhokta Vs. The State of Jharkhand Reprsented Through Departm ...

Court : Jharkhand

..... and held such office from 19.4.2005 to 13.9.2006 during which he carried forward the illegal acts of his predecessor in office and thereby ..... cognizance of the offences punishable under sections 11, 12, 13, 15 of the prevention of corruption act, 1988 and also under sections 406, 409,423, 424, 465, 467, 469, 471, 477a, ..... liability in absence of the ingredients which constitute offence under the prevention of corruption act and that whatever recommendation had been made by the petitioner in the matter of ..... m/s.nafed and m/s.neramake which act, according to the petitioner, was never illegal nor anything was wrong with it but according to the vigilance, those acts smacked some conspiracy or collusion ..... one commits offence of misappropriation under criminal conspiracy or offence of forgery as those acts never happen to be the part of the duty of the public servant ..... cannot be prosecuted under the prevention of corruption act in absence of any allegation that such policy ..... of criminal procedure or under section 19 of the prevention of corruption act, the court should not have entertained the complaint petition and thereby ..... commit several acts whereby certain firms were favoured in the matter of supply of the seeds ..... to give finding as to whether the act of the petitioner was bona fide or ..... the prevention of corruption act and thereby submitted charge ..... acts ..... act or under section 197 of the code of criminal procedure as the petitioner allegedly did these acts ..... 2006 ..... alleged acts were ..... act ..... act .....

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Feb 27 2006 (HC)

Om Prakash Bagaria Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : AIR2006Jhar67; [2006(2)JCR109(Jhr)]

..... petitioner may move before the appropriate forum, if any final order is passed.6. ..... he will also produce the original file on the next date.place this case under the heading 'for orders' on 15th february, 2006.until further order, no coercive steps shall be taken against the petitioner in pursuance of certificate case no. ..... having noticed the submissions made by the parties, following order was passed by this court on 3rd january, 2006:the petitioner has challenged certificate case no. ..... on the ground that the authority has no jurisdiction to re-open the case which was closed on 19th/20th june, 1995.learned counsel for the state relied on section 63 of the bihar orissa public demands recovery act, 1914 (hereinafter to be referred as the p.d.r. ..... the interim order passed on 3rd january, 2006 stands vacated. ..... act) to suggest that the authority is empowered to re-open and review its order, but such submission has been opposed by the counsel for the petitioner on the ground that no petition for review was filed.in the circumstances, counsel for the state is allowed three weeks' time to file affidavit enclosing the copy of review application, if any filed under section 63 of the p.d.r act and will give the registration/case number. ..... act was filed, which was registered and order was passed.5. ..... act on 13.4.1992 but later on the proceeding was closed. ..... act. .....

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Jun 20 2006 (HC)

Dulal Chakraborty Vs. the State of Jharkhand and anr.

Court : Jharkhand

Reported in : II(2007)BC166

..... 2 will be entitled to withdraw the said amount without prejudice.put up this case for admission before an appropriate bench on 30th january, 2006.but there is no material on the record in support of the fact that the petitioner has ever deposited the said amount and the same in pursuance to the above observation was received by the opposite party no. ..... view of the above provision of law, time of 15 days is required to be given to the drawer of cheque for payment and limitation of 30 days for filing complaint as contained in section 142(b) of the said act starts only after completion of 15 days given to the drawer for repayment admittedly, the notice was served upon the petitioner on 1.9.2004 and the limitation to make payment by the petitioner to the opposite party no. ..... 1.9.2004 but the complaint was filed on 8.10.2004 i.e after expiry of 38 days of the service of legal notice and in this manner the mandatory provision of law as laid down under section 142(b) as well as 138(c) of the said act was not followed and therefore, cogni/ance taken by the chief judicial magistrate, raneni in the present case is illegal, without jurisdiction and is lit to be set aside. ..... appearing for the petitioner submitted that the impugned order is fit to be quashed as the prosecution case was not launched as per requirement of section 142(b) of the act whereby and whereunder it has been made clear that 15 days notice should be given to the person by whom the cheques were issued and it were dishonoured. .....

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