Court : Jharkhand
Decided on : Apr-18-2006
Reported in : [2006(3)JCR222(Jhr)]
..... intention of harming any person through her evil art or that she had in any manner harmed any person or society and therefore, cognizance under section 4 of the said act is also uncalled for and illegal. 6. advancing his argument learned counsel submitted that prior enmity prevailing between the parties in view of the proceeding ..... by shri r.k. mishra, judicial magistrate, 1st class, dhanbad. after finding a prima facie offence under section 147, 323, 341 i.p.c. as well as under sections 3/5 of the prevention of witch(daain) practice act, 1999, the cognizance was taken by order impugned against the petitioners. the learned counsel submitted that there were ..... provisions for only 4 sections and in the prevention of witch (daain) practice act, 1999 but the court below erroneously and in mechanically manner took the cognizance of offence under section 5 of the act. after came into being of the bihar act, 1999 which extends to whole of the bihar state, .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-22-2006
Reported in : [2006(111)FLR41]; [2006(4)JCR373(Jhr)]; (2007)ILLJ256Jhar
..... and circumstances while we hold that the cases of sri parsuram singh and sri mahip narayan singh do not fall within the meaning of 'retrenchment' as defined under section 2(oo) of the act, hold the common award dated 15th july 1999 passed by the presiding officer, labour court, ranchi, in reference case nos. 10 of 1995 and 1 of 1997 ..... .3. one of the questions was raised by the university as to whether the university is an industry' within the meaning of section 2(j) of the industrial disputes act, 1947 (hereinafter to be referred as the i.d. act, 1947), but such question is not required to be answered in this case, in view of seven judge decision of the supreme ..... the college or the university and thereby they do not fall within the definition of 'worker' as defined under section 2(l) of the i/d. act, 1947. therefore the question of retrenchment as defined under section 2(oo) or the i.d. act, 1947 is not applicable in the case of sri parsuram singh and sri mahip narayan singh.16. there is .....
Tag this Judgment!Court : Jharkhand
Decided on : Oct-19-2006
Reported in : 2007(1)BLJR379; [2007(1)JCR271(Jhr)]
..... application. the petitioner thereafter, preferred an appeal before the respondent no. 2, the commissioner, north chhotanagpur division, hazaribagh under the provisions of section 89(2) of the chhotanagpur tenancy act read with rule 74 of the chhotanagpur tenancy rules which was registered as c.n.t. appeal no. 26/94. the learned commissioner ..... revision filed by the petitioner under section 89(1) of the chhotanagpur tenancy act and also the order dated 27/03/1999 as contained in annexure-4, passed by the commissioner, north chhotanagpur division, hazaribagh, respondent no. ..... 19/12/1990 (annexure-1), i.e. the order passed by respondent no. 4 the assistant settlement officer, dhanbad, rejecting the objection under section 83 of the chhotanagpur tenancy act filed by the petitioner, the order dated 19/03/1994 (annexure-2) passed by respondent no. 3 the charge officer, dhanbad, dismissing the .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-21-2006
Reported in : [2006(3)JCR353(Jhr)]
..... the alleged abolition of arbitration clause by gazette notification.20. it is well settled that arbitration agreement is a contract within the meaning of section 91 of the evidence act and when the parties to an agreement refer a dispute which arises between them, they can not lead evidence to vary or add ..... for consideration before the supreme court was whether publication of a notice in official gazette is sufficient compliance with section 13(4) of the karnataka town and country planning act, 1961. section 13(4) of the act contemplates besides permanently displaying the plan and the particulars in the offices of director and planning authority and keeping ..... does exists in the contract in question, the petitioner has rightly invoked clause 23 of the contract. consequently, the instant application under section 11(6) of the arbitration and conciliation act for reference of dispute to arbitration as per clause 23 is maintainable.24. hence, this application is allowed and the dispute is .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-29-2006
Reported in : 2007(1)BLJR702; [2007(1)JCR459(Jhr)]
..... so as 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 ..... supreme court in the case of kunhiabulla and anr. v. state of kerala reported in : air2004sc1731 ' has held as follows:a conjoint reading of section 113b of the evidence act and section 304b ipc shows that there must be material to show that soon before her death the victim was subjected to cruelty or harassment. prosecution has to ..... demand for dowry, 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 .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-18-2006
Reported in : 2007(1)BLJR675; [2007(2)JCR162(Jhr)]
..... lease expired on 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 ..... eviction and without application 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 ..... of such building 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 .....
Tag this Judgment!Court : Jharkhand
Decided on : Oct-30-2006
Reported in : [2007(1)JCR518(Jhr)]
..... in absence of any corroborating evidence on record, conviction of the appellants deserves to be set aside. it has also been asserted that no offence under section 3(2)(v) of sc st act could be made out in the present fact. therefore, the conviction of the appellants requires to be set aside.6. learned counsel for the state ..... the appellants guilty under sections 376(2)(g.) ipc and 3(2)(v) of sc st act and sentenced them as aforesaid.5. the present appeals have been preferred on common ground that the learned trial court has convicted and sentenced ..... later on separated for separate trial, as he was found to be juvenile. all the appellants were charged by the trial court under sections 376(2)(g), 341 ipc and 3(2)(v) of sc st act. the appellants pleaded not guilty and claimed false prosecution. however, the learned trial court, after examining witnesses, found and held all .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-21-2006
Reported in : [2006(2)JCR241(Jhr)]
..... that she was removed from service w.e.f. 25th february, 1993. the government of india, ministry of labour, in exercise of power conferred upon them under section 10(1)(d) of the i.d. act, 1947, referred the following dispute to the tribunal for adjudication, vide order dated 22nd april, 1998.whefher the action of the management of kargali colliery. p .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-18-2006
Reported in : [2006(3)JCR7(Jhr)]
..... to get their dispute referred and it has to be resolved by the general manager (sales) and it was agreed that his decision should be final. section 2 of the arbitration act defines the term 'arbitration agreement' which means a written agreement to submit present or future differences to arbitration whether an arbitrator is named therein or not. ..... 8. in the light of the aforesaid provision, i shall now examine whether an arbitration agreement exists between the parties in any of the mode provided in section 7 of the act. 9. it is the admitted case of the parties that although pursuant to the tender notice issued by the respondent, the petitioner submitted its tender and a ..... if the contract is in writing and the reference is such as to make the arbitration clause part of the contract. 7. from bare perusal of section 7 of the act, it is clear that arbitration agreement means an agreement by parties to submit to arbitration all or certain disputes which have arisen or which may arise between .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-20-2006
Reported in : 2007(1)BLJR850; [2007(2)JCR302(Jhr)]
..... by the workmen. so far as the last point is concerned it is submitted that no limitation is prescribed for raising the dispute under section 10 of the industrial dispute act and no reference can be rejected on the ground of delay. it is further submitted that the award of the tribunal is based on ..... the writ petitioner since there was no finding by the tribunal that the job was of prohibited category by issuance of notification under section 10(1) of the contract labour (regulation & abolition) act and the camouflage was neither pleaded nor proved and, therefore, the finding of the tribunal that the engagement of contractor was camouflage was ..... and reference case no. 35/1989. the reference case no. 32/1989 arose out of the dispute referred by the central government under section 10(1)(d) of the industrial dispute act, 1947, whereby the following dispute was referred to the central government industrial tribunal for adjudication:whether the action of the management of sudamdih colliery .....
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