Court : Jharkhand
Reported in : [2003(3)JCR517(Jhr)]
..... of the deputy commissioner in writing].'9. the aforementioned provision relating to the previous sanction of the deputy commissioner in writing was inserted by act 25 of the chhotanagpur tenancy (amendment) act. 1947 whereby and whereunder 5th june, 1948 was fixed as the appointed date for coming into force of the said ..... amendments. consequently the learned second additional sessions judge while making the aforesaid observation does not appear to have taken into consideration the aforementioned legal provision. ..... the effect that the petitioner had illegally occupied his lands therefore the same should be restored under the provisions of section 46(4)(a) of the chhotanagpur tenancy act. that petition has been brought on record as annexure a to the counter- affidavit. it has further been slated that: after perusal of documents etc. the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(3)JCR602(Jhr)]
..... both the criminal misc. petitions, learned counsel for the o.p. no. 2 has argued that section 4 of the dowry prohibition act, 1961 has been amended by the central act in 1984 and bihar amendment act, 1976. in view of the central act, 1984, law made by the parliament will prevail and law made by the state legislature shall be void to the extent of ..... repugnancy. in view of this fact, no prior sanction is now necessary for taking cognizance of the offence under section 4 of the dowry prohibition act.5. section 4 of the dowry prohibition (amendment) act, 1984 provides that, 'penalty for demanding dowry, if any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or .....
Tag this Judgment!Court : Jharkhand
Reported in : 2002CriLJ2311
..... this single point that the detaining authority was unaware of his being detained will vitiate the detention order in the aforesaid circumstances and whether in view of the amended provisions of the act that the ground of vagueness and unawareness will be excluded because the ground is severable and on any other ground he is potent danger for the public ..... .14. re. whether the detention of the petitioner was in the interest of public order.a new section 12-a was inserted by way of amendment with effect from 14.3.1994 in the act. thus, section 12-a is reproduced below:--'12-a. grounds of detention severable.--(1) where a person has beendetained in pursuance of an order ..... circumstances are there, to reach to that conclusion of the detaining authority. thus, in view of the amended provisions of the act and in view of the fact that in the acts of the petitioner, there is a definite nexus between the act and public order and the public order appears to be in danger. so on the sole ground that .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR1624
..... any other source respectively during the year for which the surcharge is to be calculated. the said increase to be calculated with respect to the year 1992- 93 (after amendment, read 1991-92).5. in the present case, we are mainly concerned with alphabet 'd', which stands for d.v.c. (damodar valley corporation) and alphabet 'h ..... units, which should have been included for calculation of rate of fuel surcharge.22. the counsel for the petitioners made reliance on different provisions of indian (electricity) act and rules. to suggest that the accounts prepared for different financial years, placed and passed by legislature in assembly, can only be relied upon for figure and ..... calculation.23. reliance was also placed on section 69 of indian (electricity) act and different rules framed thereunder, as also statement-9 of the accounts to show that the unconsumed units were not properly reflected in computation of the rate .....
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