Court : Jharkhand
Decided on : Dec-12-2003
Reported in : III(2004)ACC650; [2004(3)JCR138(Jhr)]
..... was dashed by a tata chesis, bearing registration no. bhr-16/3147/b/94, while he was going on his luna moped. in the proceeding, initiated under section 166 of the motor vehicles act, 1988, at the instance of his widow and minor children, the motor vehicle accident claims tribunal, jamshedpur considered the evidence on record and accordingly assessed the annual dependency ..... income and, therefore, the tribunal applied multiplier of 9 and calculated a sum of rs. 3,24,000/-, payable as compensation, to the claimants under the act.2. in calculation of compensation under the act, the tribunal was to assess basically the loss of dependency, sustained by the legal representatives of the deceased and even if, some of them had their independent .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-15-2003
Reported in : [2004(2)JCR486(Jhr)]
..... the patna high court by order dated 1.3.10.1988, passed in cwjc. no. 1251 of 1987 (r), directed to pass final order in terms of section 12(3) of the industrial disputes act in the conciliation proceeding and send the same to the state government. but on submission of the failure report, the state government on 24.12.1987 declined .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-19-2003
Reported in : II(2004)ACC757
..... the driver of tata sumo, ram kishore singh, aged about 22 years, died. his parents, widow and minor children filed compensation case no. 222 of 1997, under section 166 of the motor vehicles act, 1988, which was disposed of by the motor vehicle accident claims tribunal, ranchi by impugned judgment dated 13th september, 2002, directing payment of a sum of rs. 2 ..... ,66,200/- with interest @ 9% under the act to the claimants.2. the insurance company has filed m.a. no. 279 of 2002 challenging the award to the extent that the driving licence of the deceased driver, ram .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-19-2003
Reported in : [2004(1)JCR354(Jhr)]
..... with effect from 2.6.1997 (f/ii) in the first instance or till the age of superannuation, whichever is earlier and in accordance with the provisions of the companies act. the appointment may, however, be terminated even during this period by either side on 3 months' notice or on payment of three months' salary in lieu thereof.' term (xiii) of .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-22-2003
Reported in : 2004(1)BLJR415; 2004CriLJ1910
..... rendered in the case of joginder singh v. state of punjab, reported in 1979 cr lj 33, and quoted as under:--'it will be noticed that both under section 193 and section 209, the commitment is of 'the case' and not of 'the accused'.thus, it is the case which is committed and not the accused. once the ..... the case. this does not state 'case of appearing accused.'7. the petitioner having been declared absconder, the cognizance is not under challenge in this writ petition. section 209 does not speak the word 'absconder' and does not make a provision for their commitment. the question is whether the absconders who evaded the process and those accused ..... question of complying with these provisions does not arise; therefore, commitment of the petitioner along with the appearing accused was not legal.4. the police papers supplied under section 207 or 208 serves two purposes,--(i) on the basis of these papers, the accused can take a plea before the committing court that the offence is not exclusively .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-23-2003
Reported in : [2004(1)JCR374(Jhr)]
..... period of not less than two years immediately preceding the presentation of the petition and desertion as per the explanation contained in section 13 of the said act means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of ..... deserendi) and the element of permanence which is a prime condition requires that both the essential ingredients should continue during the entire statutory period. section 13(ib) of the said act mandates that marriage may be dissolved by a decree of divorce on the ground that the other party has deserted the petitioner for a continuous ..... pendency of the matrimonial suit, which have their relevancy in this case. during the pendency of criminal case under sections 498a, 437, 379 of the indian penal code and under section 4 of the dowry prohibition act filed by the father of the appellant-wife, a compromise was arrived at between the parties due to the intervention .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-23-2003
Reported in : [2004(1)JCR390(Jhr)]
M.Y. Eqbal, J.1. These writ petitions involving common question of law and fact have been heard and disposed of by this order. In CWJC No. 2324 of 1998 the petitioners have prayed for issuance of appropriate writ directing the respondents to absorb them permanently on the basis of panel and after completing the procedure of appointment on the vacant and sanctioned Class III and Class IV posts and in the alternative regularize their services and further for quashing the letter dated 28.12.1996 issued by respondent No. 4, the Chief Malaria Officer, Govt. of Bihar, Patna whereby a direction was issued to make payment of wages to the petitioners as daily wages worker instead of salary DA and other allowances.2. It is the admitted case of the petitioners that the respondents are taking work from them every five months in a year on the post of Superior Field Worker and Field Worker since 1977- 78 and they were receiving the payment of salary and DA and other allowances. It appears that when ...
Tag this Judgment!Court : Jharkhand
Decided on : Dec-24-2003
Reported in : [2004(1)JCR437(Jhr)]
..... petitioner has submitted a reply dated 3.6.2003, to that notice. it is common case that the adjudication proceedings in that behalf is pending in terms of section 11a of the act.2. according to the petitioner, the impugned order dated 6.6.2003, was not sustainable in view of the fact that the customs excise and gold (control ..... eastern bench, has decided that the workshop in question was a 'mine' within the meaning of the mines act, 1952 and hence it could not be considered to be a factory within the meaning of section 2(m) of the factories act, 1948 and hence the exemption notification referred to in the order as well as the ones earlier issued, ..... it would not be appropriate to permit removal of the articles manufactured merely based on the bond. he pointed out that there is a provision for refund under the act and in case the petitioner succeeds in establishing that the articles manufactured are entitled to exemption, the amount can be refunded and the petitioner cannot be prejudiced. to .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-24-2003
Reported in : [2004(1)JCR476(Jhr)]
..... department of the government of jharkhand. he should show his licence for the manufacturing of energy food products, and a licence obtained under the prevention of food adulteration act and also a valid factory licence. he should possess an iso-9002 certificate. he should have spare production capacity of 6880 metric tonne of energy foodper month. he ..... should have in-house quality control facility. he should not have been convicted under the prevention of food adulteration act for the past 10 years and the bidder must be financially sound. he had also to produce along with the technical bid, the literature of the energy food ..... jharkhand only if he sells his goods within the state of jharkhand or he becomes a dealer or manufacturer who comes within the purview of the bihar finance act, 1981. once the insistence on the existence of a manufacturing unit within the state of jharkhand is dropped, we find little logic in insisting on the existence .....
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