Court : Jharkhand
Decided on : Aug-17-2006
Reported in : 2007(2)BLJR2413
..... offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any ..... the i.o and the doctor who had prepared the injury report after examining the injuries on the person of the informant and her husband. the appellants were questioned under section 313 cr.p.c. they also examined one defence witness who had examined the injuries on their persons and had prepared the injury report, exts. a & b. learned trial ..... the alarm raised by them, the neighbours gathered and the accused persons fled away from the place of occurrence. after investigation of the case, the police submitted final form under sections 428, 342, 341, 307, 323/34 i.p.c and for the said charges, the appellants were put on trial.3. in course of trial the prosecution altogether examined .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-21-2006
Reported in : [2007(1)JCR416(Jhr)]
..... , contains the ingredients of home made bomb. the investigating officer also procured sanction order (ext. 1) from the competent authority for prosecution the appellant and other under sections 3 and 5 of the explosive substance act.5. after completion of the investigation, the police submitted chargesheet against the appellant and the other accused. accordingly the cognizance of the offences was taken and in ..... succeeded in proving the following ingredients necessarily required to be proved for constituting an offence under section 5 of the explosive substances act (i) that the substance in question found is explosive substance (ii) that the accused makes or knowingly has in possession or under his control any explosive substance and (iii) that he does so under such circumstances as to give rise to reasonable .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-22-2006
Reported in : [2007(1)JCR25(Jhr)]
..... from the foregoing discussion, it inevitably follows that the legislature never intended that non-compliance with the requirement of laying as envisaged by sub-section (6) of section 3 of the act should render the order void. consequently non-laying of the aforesaid notification fixing the maximum selling prices of various categories of iron and steel including ..... perusal of this form, i do not find that either regulation 4 or form-11 in schedule-1 to metalliferous mines regulations, 1961 framed under section 57 of the mines act, 1952 has any relevance with the issue involved.24. the notification impugned in this petition, in my view, is not a piece of subordinate ..... shall submit to the chief inspector and the regional inspector correct returns in respect of the preceding quarter in form ii of first schedule.6. section 9 of the act provides for payment of royalty by leaseholder in respect to minerals recovered or consumed from the leased area at the rates specified in second schedule after .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-22-2006
Reported in : 2007(1)BLJR328; [2007(1)JCR278(Jhr)]
..... 9. it is no doubt true that the rule-making authority under article 309 of the constitution and section 39 of the act is the same, namely, the government (to be precise, governor, under article 309 and govt. under section 39), but the two jurisdictions are different. as has been seen above; power under article 309 cannot ..... made by the legislature and not under article 309, it has also to be noticed that rules made in exercise of the rule-making power given under an act constitute delegated or subordinate legislation, but the rules under article 309 cannot be treated to fall in that category and, therefore, on the principle of 'occupied ..... with the recruitment rules framed under article 309 of the constitution of india. however, both the rules are framed under different jurisdictions. regulations framed under ncte act acquires status of delegated legislation having been framed in exercise of power conferred by the legislature whereas other rules under article 309 are transitory in nature and .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-23-2006
Reported in : (2007)6VST614(Jharkh)
..... use or sale thereof (amendment) ordinance, 2001 do not satisfy the requirement, under article 301 read with article 304(b) of the constitution of india and, thus, section 3 of the act, including the amendment made therein, is ultra vires. in view of such findings, already given, no separate declaration is required to be given in the present case.28. ..... by the supreme court in the case of state of bihar v. bihar chamber of commerce reported in : [1996]2scr184 . the supreme court held section 3 and section 6 of the bihar entry tax act, 1993 intra vires.8. the judgment rendered by the supreme court in the case of bihar chamber of commerce (supra) was based on an earlier ..... person who in any capacity brings or causes to he brought any scheduled goods into a local area for consumption, use or sale therein. 6. charging section is section 3 of the bihar entry tax act, 1993, as quoted hereunder:3. charge of tax. (1) there shall be levied and collected a tax on entry of scheduled goods into a .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-23-2006
Reported in : [2007(1)JCR94(Jhr)]
..... use or sale thereof (amendment) ordinance, 2001 do not satisfy the requirement under article 301 read with article 304(b) of the constitution of india and, thus, section 3 of the act, including the amendment made therein, is ultra vires. in view of such findings, already given, no separate declaration is required to be given in the present case.28 ..... reversed by the supreme court in the case of state of bihar v. bihar chamber of commerce reported in : [1996]2scr184 . the supreme court held section 3 and section 6 of the bihar entry tax act, 1993 intra vires.8. the judgment, rendered by the supreme court in the case of bihar chamber of commerce, (supra) was based on an earlier ..... person who in any capacity brings or causes to be brought any scheduled goods into a local area for consumption, use or sale therein.6. charging section is section 3 of the bihar entry tax act, 1993, as quoted hereunder:3. charge of tax-(1) there shall be levied and collected a tax on entry of 'scheduled goods into a .....
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 : Aug-29-2006
Reported in : [2007(1)JCR51(Jhr)]
..... forth on behalf of the prosecution did find that the appellant guilty under section 304-b of the indian penal code and accordingly, convicted and sentenced him as aforesaid.8. being aggrieved with that, the appellant has preferred this appeal.9 ..... , a hearsay witness has been examined as pw 4.6. after the closer of the prosecution cast; the appellant and other co-accused were questioned under section 313 of the code of criminal procedure about the incriminating circumstances appearing against them to which they denied.7. the trial court on the basis of evidences put ..... of their common intention committed dowry death of sushila devi. on being tried learned 2nd additional judicial commissioner, khunti while acquitting chand patar convicted the appellant under section 304-b of the indian penal code and consequently sentenced him to undergo rigorous imprisonment for seven years.2. the case of the prosecution is that sushila .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-31-2006
Reported in : 2007CriLJ1059; [2007(2)JCR13(Jhr)]
..... , each, for the said offence. these sentences were ordered to run concurrently.3. the appellant, pran yadav, was charged for the offence under section 307 ipc and section 3/4 of explosive substance act for unlawfully and maliciously causing explosion by explosive substance likely to endanger the life or property and attempting to commit murder of jagdish yadav on 21st november, 2001. in village turshadih within ..... imprisonment for seven years. the said appellant, pran yadav, was further convicted for the offence under section 3/4 of explosive substance act and sentenced to undergo rigorous imprisonment for seven years under section 3 of explosive substance act. however, no separate sentence was passed under section 4 of the explosive substance act. both sentences were ordered to run concurrently. other appellant nos. 2 to 7 were convicted for .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-07-2006
Reported in : 2007CriLJ663; [2006(4)JCR1(Jhr)]
..... marriage, he lodged a complaint in the court of the chief judicial magistrate, dhanbad which was registered as c.p.case no. 601/2006 under different sections including section 498a i.p.c. respondent no. 4 then filed an application for issuance of search warrant for recovery of the petitioner. accordingly the petitioner was recovered ..... a question arose before the supreme court as to whether high court can exercise its extraordinary certiorari jurisdiction against the order passed by the magistrate taking cognizance under section 190 cr.p.c. in that context their lordships observed:25. it is no doubt true that in a criminal matter also the high court may exercise ..... of the petitioner, after knowing solemnization of marriage, filed a complaint in the court of chief judicial magistrate, dhanbad under sections 364, 364a, 385, 365, 366, 494, 498a and section 4 of the dowry prohibition act which was registered as c.p. case no. 601/06. respondent no. 4 also filed application for recovery of his .....
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