Court : Jharkhand
Decided on : Jun-26-2006
Reported in : 2006CriLJ4520
..... view to kill her. when she fell downfall the accused persons fled away. on alarm, several persons assembled and followed the accused persons. there was sound of bomb explosion. the villagers brought her to satbarwa police outpost on jeep. she further said that motive of occurrence was that the informant and her husband adopted p.w. 5, ..... gosai, ashoke choudhary, chandan choudhary and krishna kahar alias krishna ram have been convicted for the offences punishable under section 307/149 of the indian penal code for attempting murder of the informant (p.w.4) and also under section 302/149 of the indian penal code for committing murder of the husband of p.w. 4 and also ..... under sections 452 and 120b of the indian penal code. chandan choudhary has further been convicted under section 302 of the indian penal code. lal muni gosai has been convicted with the aid of section 120b of the indian penal code. they have been awarded imprisonment for .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-03-2006
Reported in : 2007CriLJ472
..... duly proved, may be used by the accused, and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also be used in the re-examination of such ..... .8. reliance has been placed upon the decision reported in : 2001crilj3329 . the apex court in t.t. antony v. state of kerala held,an information given under sub-section (1) of section 154 cr.p.c. is commonly known as first information report (f.i.r.) though this term is not used in the code. it is a very important document ..... was lodged on subsequent day on 22.5.05 leading to involvement of as many as 18 named accused wherein one of the victims succumbed and another sustained grievous injury.section 154(1) code of criminal procedure speaks,every information relating to the commission to a cognizable offence, if given orally to an officer in charge of a police station, .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-13-2006
Reported in : [2006(4)JCR195(Jhr)]
..... , by notification in the official gazette, specify in this behalf, for the purpose of allowing credit of any duty of excise or the additional duty under section 3 of the customs tariff act, 1975 (51 of 1975), as may be specified in the said notification (hereinafter, in this sect/on, referred to as the specified duty) paid ..... by notification in the official gazette, specify in this behalf, for the purpose of allowing credit of any duty of excise or the additional duty under section 3 of the customs tariff act, 1975 (51 of 1975), as may be specified in the said notification (hereinafter referred to as the 'specified duty') paid on the goods used ..... the credit so allowed towards payment of duty of excise leviable on the final products, whether under the act or under any other act, as may be specified in the said notification, subject to the provisions of this section and the conditions and restrictions that may be specified in the notification:provided that the central government may specify .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-17-2006
Reported in : 2007CriLJ469; [2006(4)JCR403(Jhr)]
..... above discussions and findings, i hold that the prosecution of the petitioners for the allegation that they have committed an offence punishable under section 16(a)(i) of the prevention of food adulteration act is absolutely illegal and an abuse of the process of the court.9. accordingly, this application is allowed. the order taking cognizance ..... laid down under the prevention of food adulteration rules. on the basis of the said complaint, the cognizance of the offence under section 16(a)(i) of the prevention of food adulteration act was taken by the chief judicial magistrate on 01/09/1998. against the said order of taking cognizance the petitioners filed a revision ..... petitioners have prayed for quashing of the order taking cognizance dated 01/09/1998 passed in c/ii case no. 766/98 under sections 16(a)(i) of the prevention of food adulteration act and also for quashing of the order dated 05/09/2003 dismissing the revision application filed by the petitioner against the said order .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-18-2006
Reported in : 2007(1)BLJR367
..... all other seven accused persons from all the charges. the trial court further sentenced appellant parikhit mahato to serve rigorous imprisonment for seven years for the offence under section 3 of the explosive substance act.3. the present appeal has been preferred on the grounds that the trial court has committed mistake of fact as well as law by not believing the story ..... of the indian penal code and sentenced to serve rigorous imprisonment for seven years, and appellant no. 2 parikhit mahato stands further convicted for the offence under section 3 of the explosive substance act and sentenced to serve rigorous imprisonment for seven years, by the 3rd additional sessions judge. dhanbad in sessions trail no. 153 of 1986.2. brief facts leading to this .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-18-2006
Reported in : [2006(4)JCR622(Jhr)]
..... all other seven accused persons from all the charges. the trial court further sentenced appellant parikhit mahato to serve rigorous imprisonment for seven years for the offence under section 3 of the explosive substance act.3. the present appeal has been preferred on the grounds that the trial court has committed mistake of fact as well as law by not believing the story ..... of the indian penal code and sentenced to serve rigorous imprisonment for seven years, and appellant no. 2 parikhit mahato stands further convicted for the offence under section 3 of the explosive substance act and sentenced to serve rigorous imprisonment for seven years, by the 3rd additional sessions judge, dhanbad in sessions trial no. 153 of 1986.2. brief facts leading to this .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-28-2006
Reported in : 2007CriLJ470
..... . having considered the above-mentioned facts and circumstances of the case, i find and held that the prosecution has failed miserably to bring home the charge under section 376 of the indian penal code against the appellant beyond all reasonable doubts. accordingly, i find that the present appeal has got merit and deserves to be ..... the case was committed for trial by the court of sessions where sessions judge hazaribagh framed charge under section 376 of the indian penal code against the appellant on 28-8-1993. the appellant has pleaded not guilty and claimed false implication due to previous enmity. ..... about 10.15 a.m.3. the statement of the informant was recorded on the basis of which, ickak police station case no. 57 of 1992 under section 376 of the indian penal code was registered and investigation taken up. the police are rested the appellant and submitted charge sheet after completion of the investigation. .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-01-2006
Reported in : [2006(4)JCR277(Jhr)]; (2007)ILLJ916Jhar
..... schedule 'y' of the said notification.5. the only question is whether such use by the petitioner is contemplated under the said notification or not.6. section 2(m) of the act defines 'factory' which means any premises including the precincts thereof and in any part of which a manufacturing process is being carried on, or is ordinarily ..... dated 31.12.1997 (annexure 1) whereby respondent no. 2 directed the petitioner to get itself registered under the factories act; 1948 (hereinafter referred to as 'the act') for violation of the provisions of sections 6 and 7 of the act and rule 4 of the bihar factories rules, 1950 (hereinafter to be referred to as 'the rules') and also ..... manufacturing process is carried on or is so ordinarily carried on, it is a factory within the meaning of section 2(m) of the act and for such premises, the state government can issue notification applying the provisions of the act to such premises. in j.l. mehta (supra), generating sets were used in the office. a criminal .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-05-2006
Reported in : [2006(4)JCR330(Jhr)]
..... albicsa are applicable only to such minority schools, which are recognized and financed by the state government and are covered by the provisions of section 18 of the bihar non-government secondary school taking over act, 1981. it is further stated that even under albicsa bye-laws, the age ot retirement is fixed at 58 years it is however ..... management itself or otherwise to show that there was any uniform provision for retirement of teachers at the age of 58 years. the averments of the petitioner that section 208 of the delhi education code was being followed and the teachers were superannuated at the age of 60 years have not been specifically denied. rather these averments ..... for ascertaining the discharge of public function, it must be established that the body or the person was seeking to achieve some collective benefit for the public or a section of it and the authority to do so must be accepted by the public.31. in the backdrop of above observations, the present case is to be examined32. .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-14-2006
Reported in : [2006(4)JCR37(Jhr)]
..... import value' makes it clear that the import duty or custom duty and other charges, paid by the petitioner for clearing the goods for home consumption under section 47 of the customs act, will be included in the import value of coal under the expression 'all other charges incidental to the import of schedule goods' used in the definition ..... that though description of goods in the schedule is 'coal', the commissioner, commercial taxes, while issued notification being s.o. 88 dated 23rdfebruary, 2002 under section 3(1) of the entry tax act, 1993, fixing the rate at which entry tax is to be levied, the description of the goods have been changed to the 'imported coal' at ..... area or any place outside the state for consumption use, or sale therein. ['provided that in case of such goods which are liable to tax under section-12(1) of the bihar finance act, 1981, entry of goods shall mean entry of goods into local area from any place outside the state for consumption, use or sale therein.'] (d) .....
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