Court : Jharkhand
Reported in : [2003(4)JCR1(Jhr)]
..... request made to the commission on a misconceived reasoning that the commission had no jurisdiction after the appointed day; that notwithstanding the adaptation/ amendment of the bihar university act, the service commission has power to recommend for appointments in the universities now within the state of jharkhand and the recommendations had to ..... judge was in error in holding that the service commission was functional in the state of jharkhand, notwithstanding the amendment/adaptation of the bihar universities act, the non- adaptation of the service commission act and the order of the governor. with respect, we are of the view that the decision of the supreme ..... thereupon, every such law could have defect, subject to adaptation or modilication so made until altered, repealed or amended by the competent legislature or other competent authority. here, the university service commission act, 1987 was not adapted by the state of jharkhand. nor did the legislature, at the relevant time, intervene .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2004Jhar77; [2003(4)JCR256(Jhr)]
..... the learned appellate court below has held that triveni ram died in the year 1952-53 and his widow madoda @ madodra devi died after the enforcement of hindu succession act and her son ayodhya ram and four daughters are the heirs of madoda @ madodra devi having equal shares therein. the learned appellate court below has also held that ..... came into force on 14th april, 1937 (hereinafter referred to as the act). prior to that a widow of the coparceners constituting the joint family had no right whatsoever in the joint family, property and it had become expedient to amend the hindu law to give better right to the women in respect of the properties either self acquired ..... or joint family property left by her husband. the relevant provision of the hindu women's right to property act, 1937 runs thus :'.....3(1). when a hindu governed .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(4)JCR420(Jhr)]
..... the petitioners have also submitted that education is not only a part of the directive principles of state policy, but by reason of the 86th amendment to the constitution by the amendment act of 2002, 'article 21-a' has now been inserted making the right to education a fundamental right. article 21a casts a mandate upon ..... , the central government may be directed and accordingly, the union of india and other authorities of the government of india be impleaded as party respondents. the amendment application was filed on 20.3.2003. however, on 8.7.2003, the learned counsel for the petitioners submitted that they have not made any prayer ..... , the secretary, primary, secondary and higher education, government of jharkhand submitted that the government was not inclined to take over the schools in question. thereafter, an amendment application was filed on behalf of the petitioners [see paragraph 4 at running page 239] stating that since the state government was not inclined to take over the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR27(Jhr)]
..... of rent and, therefore, the suit under section 14 was not maintainable.3. on 4.8.1999 the plaintiffs filed petition for amendment in the plaint under order vi, rule 17 of the code in order to remove certain anomalies therein, which was allowed on ..... well as impugned judgment revealed that the suit after necessary amendments in the plaint allowed on 2.9.1999 proceeded under section 14 of the act and after granting leave to contest to the defendant under section 14(4), the impugned ..... defendant could not satisfy their need. the defendant has, therefore, filed the present revision application under section 14(8) of the act against the said judgment and eviction decree dated 21.2.2003.10. on perusal of the entire order sheet of the suit as ..... as the relief sought for in the plaint was amended as per the requirement of section 14 of the act.4. on 9.9.1999 defendant filed affidavit and separate petition under section 14{4) of the act and the trial court by order dated 28.9 .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(4)JCR411(Jhr)]
..... no. pra-vividh-13/98.--in exercise of the powers concerned under section 29a of the legal services authorities act, 1987 (act no. 39 of 1987), as received by the legal services authorities (amendment) act 1994 (act no. 59 of 1994) and under rules 4 and 5 of the bihar state legal services authority regulation, ..... of jharkhand vide notification dated 16th october, 2002 published in the gazette adopted 'bihar legal services authority rules, 1996' with certain amendment under section 85 of the bihar re-organisation act, 2000 known as jharkhand state legal services authority.. rules, 2001. the ministerial posts for the office of jharkhand state legal services ..... 1983. the petitioner appointed for the legal services committee of patna high court on 10th august, 1983. subsequently, legal services authority act, 1987 (act 1987) having overriding effect on the said act, 1983, a separate legal services committee for the patna high court and its separate unit for ranchi bench of the patna high .....
Tag this Judgment!Court : Jharkhand
Reported in : 2003(3)BLJR2288; [2003(4)JCR547(Jhr)]
..... 11 of the code of civil procedure, explanation viii has been introduced in section 11 of the code of civil procedure by the code of civil procedure amendment act, 1976. therefore, in this case the defendant-respondent stands precluded as per the principle of res judicata to re-agitate that the sale deed ext. a ..... purchase and the controversy is a vexed one having plethora of conflicting decisions of the different courts which jed to the amendment to section 58 of the transfer property act. section 58(c) of the said act mandates that if the sale and agreement to re-purchase are embodied in separate documents then the transaction cannot be a ..... plaintiffs-appellant and for a further declaration that the said transaction of the usufructuary mortgage dated 26.6.1977 stands redeemed under section 12 of the money lenders act. the plaintiffs-appellant has further sought for direction to the defendant-respondent to give vacant possession of the suit land to the plaintiffs-appellant failing which the .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2004Jhar34; 2003(3)BLJR2042; [2003(4)JCR197(Jhr)]
..... pay the market fee on sale of anik spray (skimmed milk powder) being payable under the bihar agricultural produce market (amendment) act, 1982, failing which action under section 31-b and 32-b of the bihar agricultural produce' market act, 1960 was threatened to be taken.2. the petitioner challenged the aforesaid decision and directions, contained in letter no. ..... of this case, the supreme court rendered two decisions on the subject taking into consideration the definition of 'agricultural produce' as defined under the amended section 2(1)(a) of the bihar agricultural produce market act, 1960. in the case of belsund sugar company ltd. v. state of bihar, reported in air 1999 sc 3125, the supreme court ..... , marketing, bihar state agricultural marketing board and anr., reported in 1986 pljr 172, is no more good in so far as it relates to the interpretation of the amended section 2(1)(a).7. at the time of hearing of the case, when it was pointed to the counsel that vide s.o. no. 1002 dated 21st .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR601(Jhr)]
..... shall apply to documents produced for cross-examination of plaintiffs witnesses or handed to a witness merely to refresh his memory.now by virtue of the code of civil procedure (amendment) act, 2002 with effect from 1.7.2002 the following have been substituted for rule 1 of order viii 'the defendants shall, within 30 days from the date of service of ..... .1.2003.2. mr. v. shivnath, counsel for the defendants 1 and 2 petitioners herein submitted that in view of patna amendment to the provisions of order viii, rule 1, even after amendment by virtue of the code of civil procedure (amendment) act, 2002, which has come into force with effect from 1,7.2002, the trial court could have granted further time for .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(3)JCR246(Jhr)]
..... made on 20.1.1982 and the award of the court as made on 2.11.1990 i.e., after the commencement of the amending act, 1984 w.e.f. 24.9.1984. therefore, the respondents is entitled for additional compensation under section 23(1-a) and solatium @ 30% on the market value of the land ..... under acquisition as determined by the learned court below along with interest at the enhanced date as per amended section 23(2) and section 28 respectively of the said act with effect from the date of notification under section 4(1) of the said act. therefore, the award made by the learned court below in this case is hereby modified to that ..... willing purchaser would also consider more or less the same factors. there may be many ponderable and imponderable factors in such estimation or guess work section 24 of the said act enumerates the matters which the court shall not take into consideration in determining compensation section 25 provides that the amount of compensation award by the court shall not be less .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR249(Jhr)]
..... appellant had made out a case that he has inherited the aforesaid two plots as descendants of the recorded tenant of the aforesaid two plots and by amendment he also introduced an alternative case that his grandfather had reclaimed the said land and converted it into paddy field and since then his grandfather and his descendants ..... amount of compensation as determined by the land acquisition authorities was paid to the appellant. the appellant had made the reference under section 18 of the said act for enhancement of the compensation so determined by the land acquisition authorities, which was allowed vide land acquisition reference case no. 15 of 1985 vide judgment dated ..... appellant and the amount of compensation as determined by the land acquisition authorities was paid to the opposite party appellant. a petition under section 30 of the said act was filed on 23.06.1989 by the applicants-respondent before the land acquisition authorities in land acquisition 'case' no. 8 of 1979-80/16 of .....
Tag this Judgment!