Court : Jharkhand
Reported in : [2005(1)JCR173(Jhr)]
..... terrorist area during voting sent a letter dated 8.2.2000 through fax to the chief election commission, new delhi for deputing large number of police force for security as several booths of this constituency are most sensitive so that fair and impartial election might be conducted and this respondent also sent a letter dated. ..... would have been presented calling in question his election and in view of the corrupt practice committed by the petitioner as mandated under section 123 of the said act the. petitioner is not entitled to the additional reliefdeclaringhimelectedinplaceofthis respondent.6. in the written statement of the election petitioner to the re-crimination petition, the case ..... 2001 provides that every election petition shall be accompanied by (i) chalan showing deposit of rs. 2000/- as required by section 117 of the act with cashier of the court towards security for the costs of the petition; and (ii) as many copies of the petition with copies of annexures, if any, as there are .....
Tag this Judgment!Court : Jharkhand
Reported in : I(2006)ACC135; [2005(4)JCR325(Jhr)]
..... the aforesaid provision it is manifestly clear that an application for grant of renewal of letter of authority must be accompanied by appropriate fee and security deposit. the applicant or at least one of the members of the staff employed by him for inspection of transport vehicles must possess qualification of ..... the very outset, very fairly submitted that the joint transport commissioner was notified as a registering authority but merely because power was delegated to him to act as the registering authority, he could not have exercised that power arbitrarily, whimsically and against the mandatory requirements of law. learned counsel submitted that ..... of natural justice. learned counsel secondly submitted that the principal secretary, department of transport, govt. of jharkhand is neither the registering authority under the act nor he has any jurisdiction to issue the impugned order. learned counsel further submitted that the joint transport commissioner has been notified as the registering .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR264(Jhr)]; (2003)IILLJ1058Jhar
..... a deliberate desire to subject himself to transferability. he was occupying a house on rs. 20/- per month in rajkot presumably because of the rent act. in ahmedabad he would not be able to secure a house for possibly less than rs. 200/-. rent cost as percentage of his income might rise from 10% to 50%. education of children would ..... of employment, then they should have jumped at this opportunity and should have brought that letter on record before the labour court. their action in not doing so forces us to have grave doubts and makes us inclined to accept the contention of the workman that in fact there was no such stipulation in the letter of appointment. ..... of the pleadings and upon reading between the lines one has no option but to reach to the inescapable conclusion that a number of events took place which perhaps forced the employers to take the extreme decision of extricating the workman from jamshedpur and flinging him to a far-flung place like bombay with the hope that an ordinary .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR427(Jhr)]
..... therefore, in my view, since the earlier proceeding was not decided on merit and therefore a subsequent proceeding under the b.p.l.e. act was not barred under the law. in that view of the matter, in my view, the subsequent proceeding was maintainable in the facts ..... land-was dropped after a decision on merit. on those facts, this court held that initiation of proceeding under the b.p.l.e. act, on the same facts, over the same land was without jurisdiction. similar is the position in the case of shri kali prasad seal v ..... concerned, they are on the same line wherein it has been held that once a proceeding under the b.p.l.e. act has been initiated with regard to the same very land and if on merit the decision has already been given by dropping the proceeding ..... no. 2 in b.p.l.e. case no. 25 of 1996-97, whereby the learned circle officer-cum-collector under the act, jamshedpur held that the petitioner had no right and title to encroach upon the lands in question measuring 0.02.20 hectares of land .....
Tag this Judgment!Court : Jharkhand
Reported in : 2003(3)BLJR2133; [2003(4)JCR22(Jhr)]
..... )/rakshaks (constables), having been found involved in theft were removed w.e.f. 1st december, 1981 vide order dated 27th november, 1981, issued by assistant security officer, railway protection force, eastern railway, dhanbad (for short rpf) under the rule 47 of rpf rules, 1956. they challenged the orders of removal, all dated 27th november, 1981 ..... of dismissal was justified? undisputedly, at that stage, as the high court, in exercise of the power of review under article 226 of the constitution, cannot act as an appellate court or as the court of fact. therefore, the limited question before the court was whether those situations from the impugned order existed, justifying ..... law'. the question, therefore, is what is meant by 'accordance with law'. the law lexicon (p. ramanatha aiyar) defines it as follows :--'according to law.--to act according to law is to aet in conformity with legal formalities. a direction to a tax-collector that he should collect taxes 'according to law' means 'by legal .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2007Jhar49; [2007(1)JCR208(Jhr)]
..... mentioned as 'land at sri s.k. puri, patna'. in the body of the plaint in paragraph 12, it has been pleaded that the defendant no. l began to act improperly and selfishly and the plaintiff later on came to know that the defendant no. l managed to acquire land at patna and a property at defence colony, new delhi ..... including the business, bank account, ornaments, jewellery and silver wares. taking undue advantage of the condition of the father, after the mother's death, the defendant no. l began to act improperly and selfishly and managed to acquire a plot of land at patna and a property at defence colony, new delhi out of the joint family fund in the name ..... .07.1976 of the trial court.5. plaintiffs case: the plaintiffs case is that parities are hindus and are governed by mitakshara school of hindu law read with hindu succession act, 1956. the plaintiff and defendant no. l are brothers. defendant nos. 2 and 3 are their sisters. their late father ram binod singh at the relevant time was the .....
Tag this Judgment!Court : Jharkhand
Reported in : (2008)217CTR(Jharkhand)233; [2008]298ITR109(Jharkhand); [2008(4)JCR709(Jhr)]
..... the assessment was accordingly made treating the amount unexplained investment. consequently, penalty proceedings were initiated against the assessee under section 271(1)(c) of the act. the assessing officer found the assessee's explanation unacceptable and imposed penalty. the appeal filed by the assessee was refused. the assessee then preferred appeal ..... on the basis of omission or wrong statement which had crept into the original return being inadvertent and unintentional, whereas section 271(1)(c) of the act proceeds on the basis of concealment being deliberate and the furnishing of inaccurate particulars being willful and intentional.18. mr. poddar, learned counsel appearing for ..... opportunity of hearing. the authority came to the conclusion that furnishing of return showing additional income of rs. 2.5 lakhs was not a voluntary act on the part of the assessee. in fact, since investigation was started after the search and some incriminating papers and documents were seized, the assessee .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2004Jhar92; [2003(4)JCR156(Jhr)]
..... cpc is neither a natural nor an inherent right attached to the litigation. being a substantial statutory right it has to be recorded in accordance with law in force at the relevant time and the conditions mentioned under section 100 of the cpc must be strictly fulfilled before a second appeal is maintained and no court has the ..... recorded in respect thereof in the impugned judgment. question of applicability was raised for the first time in the appeal before this court. section 34 of the specific relief act runs thus :--'section 34. discretion of court as to declaration of status or right.--any person entitled to any legal character, or to any right as to any ..... or recovery of possession and in this view of the matter the suit of the plaintiffs respondent is not at all maintainable under section 34 of the specific relief act. lastly it has been contended that the appellate court below while reversing the judgment of the trial court has not given any strong, cogent and convincing reasons and .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR225(Jhr)]
..... the quotation notice which is a statutory requirement to finalise any tender.article of charge-5 you accepted the offer of m/s. aicam without obtaining earnest money and security deposit in violation of rule 5 and rule 10 of t-3 form in respect of executing the work of 'attending day to day teething trouble' awarded to m ..... 96 which included dismissal from service. the secretary did not have this power in view of the office memorandum dated 20.5.1988 (annexure 14) which was alive, in force and in existence till 8.12.1997 divesting him, amongst others, from this specific power. apart from the aforesaid, it would also be relevant to note that the ..... limited tendering, without approval of the competent authority, by inviting quotations for the above named work. as the estimated value of the work exceeded rs. 8 lakhs, this act on your part tantamounts to contravention of the circular no. s/ce/works general/88-16, february 9th. 1990 of the corporation.considering all these facts stated here in .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2005Jhar13; [2004(3)JCR316(Jhr)]
..... cast of the defendant-appellant and either defendants-respondent to make any application for permission from the competent authority under the urban land (ceiling and regulation) act, 1976 and without prejudice to the said contention the performance of the alleged agreement for sale being totally dependent upon the contingency of grant or refusal of ..... principle of law referred to above when the agreement (ext. 1) is critically analysed and scrutinized it appears that the plaintiffs-respondent has to perform certain acts such as to ascertain the marketable title of defendant-respondent nos. 3 to 9 as well as their possession over the aforesaid plots and to ascertain the ..... from mistakeof fact in respect of a matter which wasessential to the contract, it cannot beenforced as the agreement itself is voidunder section 20 of the contract act. avoid agreement cannot be split up. noneof the parties to the agreement can bepermitted to seek enforcement of a partonly of the contract through a court .....
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