Court : Jharkhand
Decided on : Apr-15-2003
Reported in : 2003(51)BLJR1038; [2003(3)JCR80(Jhr)]
..... complaint in the public interest litigation is found to be true, they can discharge their constitutional obligation root out exploitation and injustice and ensure to the weaker sections for their rights and entitlement. it has also been submitted that the matter of great constitutional importance has been raised in the pil which has direct bearing ..... oil has also-been distributed to all the anganbari sevikas. it has also been stated that smt. kiran vengra, supervisor had committed a lot of irregularities and acts of indicipline for which after investigation charge has been framed against her by respondent' no. 5 in a departmental proceeding initiated against her and she is making ..... its recovery due to audit and also for a direction to respondent no. 1 for initiating disciplinary action against respondent nos. 5 and 6 for the act of their omission and commission.2. the petitioner is an organization headed by its chairman dedicated to the cause of public in general and students in particular .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-16-2003
Reported in : [2003(2)JCR701(Jhr)]
..... recognized by the government or by any university established under any law for the time being in force, railway company or gram panchayat established under section 3 of the bihar panchayat raj act, 1947 (bihar act vii of 1948), and includes any land over which the public or the community has got a right of user, such as right of way, ..... property of the government. according to the petitioner, the land had already been settled as a raiyati land of the society and therefore, the provisions of section 29 of the indian forest act declaring the area to be a protected forest could not have been applied.7. inspite of such claims being put forward, the same were not entertained as ..... be in possession thereof on payment of rent, firstly to the ex-landlord and then to the state, after vesting.6. by reason of a notification under section 29 of the indian forest act, dated 11.8.1948, bearing no. 9533-vi f-48-r, the state of bihar took forcible possession of these lands. thereafter the society claimed .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-16-2003
Reported in : 2003(51)BLJR821
..... is the previous statement of the informant, could not be corroborated. there is omission of important facts, affecting the probabilities of the case, which is relevant under section 11 of the evidence act and has relied upon the decision, reported in 1975 cr.l.j. 870 (ram kumar pandey v. state of madhya pradesh).25. in the resent case, ..... half full with palse pasty food, containing rice and pulse etc. urinary bladder was half full. the death was due to the said injuries, which is possible by bomb explosion, within six hours from the date of post-mortem examination. he identified his report, prepared in his pen and signature, which has already been marked as ext. 2. ..... as he had caught the criminal taking pistol, hence the bomb was hurled at him. the person, who hurled bomb, was behind him. the person, who sustained bomb explosion injury and fell down was five yards behind him, who was sri krishna sharma. this witness has deposed that this appellant varun sharma, who is facing trial was not .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-21-2003
Reported in : [2003(2)JCR712(Jhr)]
..... the complaint is presented, or as the case may be, an application is made to a civil court.'rule 55. 'without prejudice to the provisions of the public servants inquiries act, 1850, no order of dismissal, removal, compulsory retirement 1[or reduction] shall be passed on a member of a service (other than an order based on facts which have led .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-23-2003
Reported in : [2003(3)JCR827(Jhr)]
..... this court is definitely of the opinion that the authorities having not clearly stated as to which particular provision of which particular order issued under section 3 of the essential commodities act was violated, they cannot be allowed to mechanically set the law in motion in routine manner. in that view of the matter, the ..... for purposes of rejecting the writ application. it is now well known that unless the authorities specify as to which particular order issued under section 3 of the essential commodities act has been violated, a proceeding to confiscate becomes academic and for such academic pursuits a person should not unnecessarily be dragged into a protracted ..... , recorded the gist of the allegations as reported by the respondent no. 2 and accordingly seized the goods and initiated confiscation proceedings under section 6a of the essential commodities act and issued notice upon the petitioners to show cause as to why the goods and the truck be not confiscated finally. it is against .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-25-2003
Reported in : 2003(2)BLJR1554; [2003(3)JCR312(Jhr)]
..... been submitted that entire survey plot no. 1178. reclassified as g.l.r. survey no. 142 and 142/1 stand vested in the cantonment board under section 68 of the cantonment act, 1924, read with rule 6 of cantonment property rules, 1925 the ministry of defence has sanctioned for the construction of the new bus stand and shopping ..... respondent nos. 5 and 6 have not brought any document on the record to show that the said land stands transferred to the cantonment board, ramgarh under section 108 of the cantonment act, 1924 and the cantonment board, ramgarh has got on right to auction the keshare hind land aforesaid for the construction of the shops. it has also ..... land under g.l.r survey no. 142. according to rule 3 of the cantonment land administration rules, 1925 framed in exercise of the power under section 280 of the cantonment act, 1924 the military estate officer of the cantonment shall prepare and maintain general land register of all lands in the cantonment in the form prescribed in schedule .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-25-2003
Reported in : [2003(2)JCR627(Jhr)]
..... same government took another decision to pay regular salary to daily wagers or work charged employees appointed prior to 23/10/1987. according to mr. sumeet gadodia, the respondents have acted in a discriminatory manner in so far as the petitioner is concerned because by an-nexure-18 appended to the reply to the supplementary counter affidavit, the concerned authorities have .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-28-2003
Reported in : [2003(2)JCR624(Jhr)]
..... section 341 of the indian penal code. however, all the sentences were ordered to run concurrently. 2. the case of the prosecution in ..... sinha, 5th additional sessions judge, giridih in sessions trial no. 200 of 1998 whereby and whereunder, the learned 5th additional sessions judge convicted the appellants under sections 376(g), 323/34 and 341 of the indian penal code and sentenced them to undergo rigorous imprisonment for ten years under ..... section 376(g) of the indian penal code and awarded a fine of rs. 2000/- and in default to undergo simple imprisonment for three months; three months simple imprisonment under section 323 of the indian penal code and one month simple imprisonment under .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-28-2003
Reported in : [2003(3)JCR31(Jhr)]
..... merits of the case and passed an order which had the effect of deciding the validity of dismissal itself as if it were a complaint under section 33a of the said act. the learned counsel for the petitioner has further submitted that the labour court while passing the impugned order could not and should not have entered ..... of imagination. the other argument of mr. satish bakshi to the effect that the labour court had exceeded its jurisdiction require consideration by this court. section 33(2)(b) of the said act reads as follow :--'(2) during the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with standing ..... admitted that the respondent no. 2 was not connected with reference case no. 16 of 1991.5. the above mentioned application under the proviso of section 33(2)(b) of the said act was registered as miscellaneous case no. 2 of 1992 whereafter notices were issued and accordingly the respondent no. 2 appeared and filed cause contesting the .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-29-2003
Reported in : 2003(2)BLJR1406
..... the broad illustrative guidelines indicated by us, will discharge the onerous function with evermore scrupulous care and humane concern, directed along the highroad of legislative policy outlined in section 354(3), viz., that for persons convicted of murder, life imprisonment is the rule and death sentence an exception. a real and abiding concern for the dignity ..... confession made by the appellant is voluntary in character free from suspicion and has also a ring of truth therein and i see no legal impediment in acting upon the said extra judicial confession of the appellant made before them in the facts and circumstances of the case. therefore, i see no substance in the ..... which are made by the culprit elsewhere than before the magistrate or in court. it embraces not only expressed confession of crime but all those admissions and acts of the accused from which guilt may be implied. all voluntary confession made by the accused is receivable in evidence on being proved like any other fact. .....
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