Court : Jharkhand
Decided on : Sep-07-2006
Reported in : 2007CriLJ663; [2006(4)JCR1(Jhr)]
..... the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. we, therefore, direct that the administration/police authorities throughout the country ..... country that young men and women who undergo inter - caste marriage, are threatened with violence or violence is actually committed on them. in our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. this is a free and democratic country, and once a ..... an order issuing out of the high court and directed to an inferior court or tribunal or public authority which forbids that court or tribunal or authority to act in excess of its jurisdiction or contrary to law. both certiorari and prohibition are employed for the control of inferior courts, tribunals and public authorities.12. the .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-18-2006
Reported in : 2007(1)BLJR675; [2007(2)JCR162(Jhr)]
..... or hut etc. a ground appertaining to the structure also comes within the definition of the building. proviso to clause c of section 11(1) of he said act dealing with partial eviction is the mandatory provision. it is obligatory on the part of the court to find out whether the requirement of landlord can be substantially satisfied ..... of mind decided the same in favour of the plaintiff contrary to the sprit of the mandatory requirement of the proviso to section 11(1)(c) of the said act.6. learned counsel appearing on behalf of the opposite party, on the other hand, submitted that learned trial court has discussed the facts, evidences and materials on record ..... 30.9.97 and that the defendant neither took any step for renewal of the lease nor approached the court under the provisions of section 18 of the said act. learned court below found that the plaintiff requires the suit premises reasonably for his own use and occupation. learned trial court further held that the plaintiff has got .....
Tag this Judgment!Court : Jharkhand
Decided on : May-19-2006
Reported in : I(2008)DMC276
..... for the offence under section 498a of the indian penal code as well as under section 4 of the dowry prohibition act, 1961 by sub-divisional judicial magistrate, dhanbad is not sustainable since barred by jurisdiction. therefore, cognizance taken against them by order dated 29.8.1995 passed by ..... tried by a court having jurisdiction over any of such local areas.8. in the facts and circumstances of the case, the court finds that since no overt act has been attributed by the remaining petitioners except the petitioner no. 3 husband for perpertrating torture to the compatnant opposite party no. 2. the cognizance taken against them ..... plaintiff to succeed, and every fact which a defendant would have a right to traverse. 'cause of action' has also been taken to mean that a particular act on the part of the defendant which gives the plaintiff his cause of complaint, or the subject matter of grievance founding the action, not merely the technical cause .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-29-2006
Reported in : 2007(1)BLJR702; [2007(1)JCR459(Jhr)]
..... to bring it within the purview of 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is very relevant where section 113b of the evidence act and section 304b ipc are pressed into service. the prosecution is obliged to show that soon before the occurrence there was cruelly or harassment and only in that ..... , and(v) such cruelty or harassment is shown to have been meted out to the woman soon before her death.12. section 113b of the indian evidence act envisages regarding the presumption as to dowry death. under this provision a presumption against the husband and other relatives of the husband for causing dowry death would be ..... appellants were charged for committing the offence under sections 302, 120b, 304b and 201 of the indian penal code and section 3 and 4 of the dowry prohibition act. the learned 3rd additional sessions judge, dhanbad by his impugned judgment dated 07/06/2003, acquitted the accused persons from the charges under sections 302, 120b and .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-19-2006
Reported in : [2007(3)JCR514(Jhr)]
..... on behalf of the state.2. the petitioners, who are accused for offences under section 498-a of the indian penal code and sections 3/4 of the dowry prohibition act pray for anticipatory bail expressing apprehension of their arrest in connection with hazaribagh sadar p.s. case no. 24 of 2005.3. learned counsel for the petitioners submits that the .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-14-2006
Reported in : [2007(2)JCR67(Jhr)]
..... to have committed illegality in convicting the appellant for the charges under section 304(b) of the indian penal code and section 3/4 of the dowry prohibition act. accordingly the impugned judgment is set aside and the appellant is acquitted of the charges leveled against him and is directed to be released forthwith, if not wanted ..... convicted the appellant under section 304(b) of the indian penal code and section 3/4 of the dowry prohibition act and consequently sentenced him to undergo imprisonment for life under section 304(b) of the indian penal code. however, no separate sentence was passed under section 3/4 ..... sah and munshi sahu (died in course of the trial) to face charges under sections 304(b) of the indian penal code and 3/4 of the dowry prohibition act on the allegation that they committed dowry death of champa devi, daughter of the informant, baldeo sah (pw 3). the trial court while acquitting the other accused persons, .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-01-2006
Reported in : [2006(4)JCR435(Jhr)]
..... date no decision has been taken.4. in the counter affidavit filed by the respondent/university, it is stated that in view of provisions contained in jharkhand state university (amendment) act, 2002 which came into force with effect from 6.5.2003, promotion of teachers is to be made only on the recommendation of the jharkhand public service commission. respondent's .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-22-2006
Reported in : 2007(1)BLJR683; [2007(1)JCR583(Jhr)]
..... of mr. pandey, as the evidence on record goes to prove otherwise. the genesis of occurrence itself says that the offences were committed under various provisions of sc st act, 1989. all these aspects have been considered by the learned trial court in para 38, 40, 41, 42 of the impugned judgment. we find no reason to differ ..... 376(g), 395 ipc and sections 3(x)/3(2)(v) of sc st act. accused shyam sunder singh absconded during trial. appellants have pleaded not guilty and claimed false prosecution due to previous enmity. appellant bijay tiwari further claimed that he was ..... against these two appellants and one shyam sunder singh under section 395, 376(g), 120(b) ipc and under sections 3 (1)(xii)/2(v) of sc st act and pending investigation against other persons. the case of the charge-sheeted accused were committed for trial by the court of sessions, where they stand separately charged under sections .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-11-2006
Reported in : 2007(1)BLJR370; [2007(1)JCR261(Jhr)]
..... rules, namely, bihar government secondary school (service condition) rules, 1983. it is the case of the petitioner that under section 9 of the bihar non-government secondary school (management & control) act, 1981, rules have been framed prescribing service conditions i.e. bihar government's secondary school conditions, 1983. rule 4 of the 1983 rules prescribe the eligibility condition for the post .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-19-2006
Reported in : [2006(3)JCR257(Jhr)]
..... the majesty and dignity of the court of law and the contempt proceeding should not be initiated lightly. that was a proceeding under section 19 of the contempt of court act. 3. learned counsel for the appellant/state, on the other hand, relied on the decisions, reported in a.i.r. 1997 sc 103, 2003(4) j.l.j.r. 439 ..... an appeal. the said appeal was not preferred under clause 10 of the letters patent but was a contempt appeal, preferred under section 19(1) of the contempt of courts act and, as such, the same is not applicable in the present case. in the case of dr. prodip kumar biswas v. subrata das reported in 2004 (3) j.l.j .....
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