Court : Jharkhand
Decided on : Sep-20-2006
Reported in : [2008(1)JCR138(Jhr)]
..... ) reduction to a lower past of time-scale, or to a lower stage in a time-scale.xxx xxx xxx55. without prejudice to the provisions of the public servants inquiries act, 1850, no order of dismissal, removal. compulsory retirement [or reduction] shall be passed on a member of a service (other than an order based on facts which have led to .....
Tag this Judgment!Court : Jharkhand
Decided on : Oct-16-2006
Reported in : 2007(1)BLJR583; 2007CriLJ2410
..... satisfies the test of 'prudent man' the accused will have discharged his burden. the evidence so placed may not be sufficient to discharge the burden under section 105 of the evidence act, but it may raise reasonable doubt in the mind of a judge as regards one or other of the necessary ingredients of the effence itself. it may ..... or contrary to law.(b) such incapacity must arise by reason of unsoundness of mind.(c) such incapacity must exist at the time of doing the act.15. the object of section 84 of the indian penal code is that the fundamental principle of criminal law is that mensrea (guilty mind) is an essential element in every offence ..... bringing the case within the said exception lies on the accused, and the court shall presume the absence of such circumstances. under section 105 of the evidence act, read with the definition of 'shall presume' in section 4 thereof, the court shall regard the absence of such circumstances as proved unless, after considering the matters before it, it .....
Tag this Judgment!Court : Jharkhand
Decided on : Oct-16-2006
Reported in : [2006(4)JCR669(Jhr)]
..... maintenance from the petitioner with certain other stipulation regarding payment of arrears. learned court below has discussed the facts mostly related to the complaint case filed under section 498-a, ipc against the petitioner and others but the court is silent as to how he arrived at the conclusion that the monthly income of the petitioner ..... which emerge from the order passed by the principal judge, dhanbad in m.p. case no. 86/2005 delivered on 5th december, 2005 in a proceeding under section 125 of the criminal procedure code are that the opposite party no. 2 (sangeeta sharma) was married to the petitioner nandlal sharma on 9.3.2003 according to hindu rites ..... j.1. the petitioner has preferred this petition under section 19(4) of the family court act for setting aside the judgment and order passed by the principal judge, family court, dhanbad in cr. misc. no. 1/2006 on 23rd june, 2006 whereby and whereunder the application filed under section 126 of the code of criminal procedure by the .....
Tag this Judgment!Court : Jharkhand
Decided on : Oct-19-2006
Reported in : 2007(1)BLJR379; [2007(1)JCR271(Jhr)]
..... application. the petitioner thereafter, preferred an appeal before the respondent no. 2, the commissioner, north chhotanagpur division, hazaribagh under the provisions of section 89(2) of the chhotanagpur tenancy act read with rule 74 of the chhotanagpur tenancy rules which was registered as c.n.t. appeal no. 26/94. the learned commissioner ..... revision filed by the petitioner under section 89(1) of the chhotanagpur tenancy act and also the order dated 27/03/1999 as contained in annexure-4, passed by the commissioner, north chhotanagpur division, hazaribagh, respondent no. ..... 19/12/1990 (annexure-1), i.e. the order passed by respondent no. 4 the assistant settlement officer, dhanbad, rejecting the objection under section 83 of the chhotanagpur tenancy act filed by the petitioner, the order dated 19/03/1994 (annexure-2) passed by respondent no. 3 the charge officer, dhanbad, dismissing the .....
Tag this Judgment!Court : Jharkhand
Decided on : Oct-30-2006
Reported in : [2007(1)JCR518(Jhr)]
..... in absence of any corroborating evidence on record, conviction of the appellants deserves to be set aside. it has also been asserted that no offence under section 3(2)(v) of sc st act could be made out in the present fact. therefore, the conviction of the appellants requires to be set aside.6. learned counsel for the state ..... the appellants guilty under sections 376(2)(g.) ipc and 3(2)(v) of sc st act and sentenced them as aforesaid.5. the present appeals have been preferred on common ground that the learned trial court has convicted and sentenced ..... later on separated for separate trial, as he was found to be juvenile. all the appellants were charged by the trial court under sections 376(2)(g), 341 ipc and 3(2)(v) of sc st act. the appellants pleaded not guilty and claimed false prosecution. however, the learned trial court, after examining witnesses, found and held all .....
Tag this Judgment!Court : Jharkhand
Decided on : Oct-31-2006
Reported in : 2007(2)BLJR1145; [2007(115)FLR396]; [2007(3)JCR519(Jhr)]
..... employer is not correct in view of the evidence on record. according to him, the labour court committed error in holding that the complaint filed under section 26 of the act was maintainable.9. from the impugned order, i find that the learned labour court has discussed in details each and every evidence/materials on record and ..... not done and therefore the complainant challenged the order of termination. he further stated that no compensation as prescribed in proviso 1 or proviso 2 to section 26 of the act was made before dispensing with his services.3. the writ petitioner m/s. surya roshni limited and his officers who were arrayed as opposite party in ..... b.s. case no. 7/98 by the presiding officer, labour court, ranchi, whereby and whereunder, the labour court allowed the application under section 26(2) of the bihar shops and establishment act, 1953 read with rule 21 of the bihar shops and establishment rules, 1955 filed by the respondent no. 2 atanu sengupta directing his reinstatement .....
Tag this Judgment!Court : Jharkhand
Decided on : Oct-31-2006
Reported in : [2007(2)JCR136(Jhr)]
..... these facts and circumstances of the case, we are of the considered view that the learned trial court has rightly found and held the appellant guilty for the offences under section 376/302 of the indian penal code. accordingly, we find and hold that the present appeal is without merit.11. in the result, the conviction of the appellant along with ..... was reported to putki police, which arrived at the place of occurrence and recorded the statement of the informant, resulting in putki police station case no. 38 of 1991 under section 302/376 of the indian penal code. it was registered against unknown. during investigation, the police found that the appellant was involved in this crime. accordingly, charge-sheet was submitted ..... 1. sole appellant md. rashid khan stands convicted for the offence under sections 376 and 302 of the indian penal code and sentenced to serve rigorous imprisonment for life on both counts, by the vth additional sessions judge, dhanbad in sessions trial no. .....
Tag this Judgment!Court : Jharkhand
Decided on : Oct-31-2006
Reported in : [2007(1)JCR15(Jhr)]
..... and corresponding sentence, passed by the 1st additional sessions judge, jamshedpur whereby the appellant was convicted for the offences under section 376, ipc and section 3 of the s.c. & s.t. (prevention of atrocities) act, 1989 and sentenced to undergo imprisonment for 7 years and 1 year respectively for the said offences.2. facts of ..... , basing reliance upon the testimony of the prosecutrix, had recorded its finding of guilt for the offence under section 376 of the indian penal code and section 3 of the s.c. & s.t. (prevention of atrocities) act, 1989 against the appellant and after convicting him for the aforesaid offences, had sentenced him to undergo imprisonment as ..... sentence, the main ground is that the evidences on record do not fulfill the ingredients of section 376 of the indian penal code, nor does it invite the ingredients of section 3 of the s.c. & s.t. (prevention of atrocities) act, 1989. learned counsel explains that from the evidence of the prosecutrix, it would be .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-09-2006
Reported in : II(2007)ACC814; [2007(2)JCR16(Jhr)]
..... decision in the case of chinnama george v. n.k. raju 2000 acj 777 (sc), wherein it was held that if none of the conditions as contained in sub-section (2) of section 149 exists for the insurer to avoid the liability, the insurer is legally bound to satisfy the award and the insurer cannot be a person aggrieved by the award ..... against the award of the tribunal. it was also held that the insurer cannot maintain a joint appeal along with the owner or driver if defence of any ground under section 149 (2) is not available to it.5. besides the above, it appears that the claims tribunal deducted l/3rd amount from the salary towards personal expenses. even if we .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-10-2006
Reported in : [2007(1)JCR1(Jhr)]
..... initiated, these lour candidates were not permitted by the authorities to participate even in the fresh selection. it is accordingly contended on behalf of the petitioners that the authorities have acted arbitrarily and these petitioners are being excluded even from participating in fresh selection.10. these cases were referred to the division bench in view of the judgment of apex court ..... permod kohli, j.1. these four petitions were referred to division bench by the then acting chief justice vide order dated 19.6.2006 in view of the judgment of the apex court in union of india v. rajesh p.u., puthuvalnikathu and anr. reported in : .....
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