Court : Jharkhand
Decided on : May-02-2006
Reported in : [2006(4)JCR683(Jhr)]
..... that court air 1976 bom 375 wherein the division bench had held that section of the act, in its application, would apply in between male members and female members so as to exclude, female members. the full bench, after noticing the facts and ..... different degrees in relationship to the deceased. in paragraph-15, it has been very aptly stated 'it appears to us that the qualifying clause in section 18 of the act means nothing more than that other things being equal as between heirs of equal relationship and degree entitled to succeed together those of full blood will exclude ..... that it is first to be applied to exclude; half blood relations in all contingencies in preference to full blood relations irrespective of their degrees.12. section 18 of the act came for detailed consideration before the full bench of bombay high court (supra). the question was the correctness of decision of a division bench judgment of .....
Tag this Judgment!Court : Jharkhand
Decided on : May-12-2006
Reported in : AIR2006Jhar117; [2006(3)JCR457(Jhr)]
..... the conditions therein are satisfied. the appeal thereafter has to be dealt with in terms of order 41 rule 11 of the code of civil procedure.section 29 of the bihar reorganization act, 2000 under which the high court of jharkhand rules, 2001 are framed enables the high court of jharkhand either to adopt the rules of the high ..... judgment and decree passed by the additional district judge, simdega in judicial separation case no. 9/95 dismissing the case filed by the petitioner/appellant under section 10 of the hindu marriage act.3. when the appeal was listed before the bench for admission a question arose as to whether the appeal ought to be sent up for admission ..... i.e. appeal from appellate decree shall be entertained by the high court only after the high court is satisfied that the case involves substantial question of law. section 100 of the code further provides that in a second appeal the memorandum of appeal shall precisely state the substantial question of law involved in the appeal. it .....
Tag this Judgment!Court : Jharkhand
Decided on : May-12-2006
Reported in : [2006(3)JCR342(Jhr)]
..... admission, while the rest of the seats may be filed up on the basis of counseling by the state agency. this will incidentally take care of poorer and backward sections of the society. the prescription of percentage for this purpose has to be done by the government according to the local needs and different percentages can be fixed for ..... is medical or engineering/technical). the secretary of the state in charge of medical or technical education, as the case may be. shall also be a member and act as the secretary of the committee. the committee will be free to nominate/co-opt an independent person of repute in the field of education as well as one ..... common entrance test either held by the management or by the state/university, although the test may be common. so far as students belonging to the poorer or backward section of society are concerned, their seats will have to be filled up on the basis of counseling by the state agency. (as would appear from the discussions made hereinafter .....
Tag this Judgment!Court : Jharkhand
Decided on : May-17-2006
Reported in : [2007(1)JCR348(Jhr)]
..... the mother of the plaintiff. the defendant has also admitted that the plaintiff is a co-sharer of the suit premises. the definition of the landlord as provided in section 2(f) of the bihar building (lease, rent and eviction) controls act, clearly lays down that a person to whom rent is paid is also a landlord for the purpose of this ..... act. admittedly rent was paid on several occasions to the plaintiff, which is admitted by the defendant. the finding of learned court below is thus well considered and sound. i do .....
Tag this Judgment!Court : Jharkhand
Decided on : May-18-2006
Reported in : AIR2007Jhar20; [2007(1)JCR345(Jhr)]
..... lease with the sanction of collector, the lessor's permission is not required. the learned advocate general has further argued that in view of the re-organization act and particularly section 42 thereof, the property within the territory of the state of jharkhand, belongs to the state of jharkhand. there seems to be no dispute about this. ..... appellant that the learned single judge has permitted establishment of the pump without there being any license and the prayer of the appellant for a direction to the explosive department having not been allowed the judgment is liable to be set aside. suffice it to say that no person can store, sell or transport petroleum ..... .c., dated 22nd june, 2005 at the request of the respondent no. 1 as per the requirements of explosive department. respondent no. 1 was also issued license by the explosive department under the provisions of the petroleum act on 07.07.2005 enabling it to establish the petrol pump and carry on its operations. while the respondent .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-19-2006
Reported in : AIR2006Jhar113; [2006(3)JCR404(Jhr)]
..... at a settlement, permanent lok adalat can decide the claim, on merit, in respect to any public utility service, as defined under section 22a. (see sub-section (8) of section 22c of act, 1987)section 22c while deals with 'cognizance of cases by permanent lok adalats', it excludes its jurisdiction in respect of any matter relating to an ..... under any law or where the value of property in dispute exceeds rupees ten lacs.for proper appreciation of the case, it is relevant to notice section 22c of the act, 1987, as quoted hereunder:22c. cognizance of cases by permanent lok adalat.- (1) any party to a dispute may, before the dispute is brought ..... not maintainable before permanent lok adalat.the permanent lok adalat, ranchi entertained the claim for a pre-litigation conciliation and settlement under section 22-c of the legal services act, 1987 (hereinafter referred to as act, 1987) and by order dated 4 th january, 2004, answered the preliminary issue, in affirmative but against the insurance company, .....
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 : Jun-21-2006
Reported in : [2007(1)JCR565(Jhr)]
..... witnesses were examined. thereafter learned magistrate vide order dated 4.12.2002 did hold that there has been sufficient ground on record to proceed with the case under sections 468, 471, 420 and 506 of the indian penal code and the petitioners were summoned to face trial.5. learned counsel appearing for the petitioners submitted that ..... . heard learned counsel appearing for the petitioners, learned counsel appearing for the state and learned counsel appearing for the opposite party no. 2.2. this application filed under section 482 cr.p.c. is for quashing the entire criminal proceeding of c.p. case no. 831 of 2001 pending in the court of judicial magistrate, 1st class, ..... the most important ingredients of the offence of criminal intimidation is that there should be an intention to cause alarm or to cause the person threatened to do any act which he is not legally bound to do. in the instant case, it has been alleged that the accused threatened with dire consequences, but this would not .....
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 : Jun-23-2006
Reported in : AIR2006Jhar135; [2006(3)JCR525(Jhr)]
..... to carry out its function. the supreme court by order dated 21st august, 1989 directed the state of bihar to issue a notification under section 390a of the municipal act, declaring its function to convert jamshedpur notified area committee into a municipality and to invite objections. pursuant thereto, notification no. 4806 dated 23rd ..... , economic importance or such other factors, as the governor may deem fit.(xxvi) on the other hand, from bare perusal of section 2 of the bihar municipal corporation act, 1978 the following facts emerge:(i) for providing better organized and coordinated civil facilities and municipal administration, the state government may declare ..... general, inviting objections and suggestions.(xxvii) if both the aforesaid provisions i.e. article 243q of the constitution of india and section 2 of the bihar municipal corporation act, 1978 are read together then it will be evident that the state/ governor/competent authority for constitution of a municipality is required .....
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