Court : Jharkhand
Decided on : Jun-16-2003
Reported in : [2003(3)JCR117(Jhr)]
..... . this court also ordered the government of india to issue appropriate directions to the successor states of bihar and jharkhand as per section 65 read with section 66 of the bihar reorganization act, 2000. the matter was adjourned to 13.12.2002. on that date, at the request of the union of india, ..... that stage, the secretary, ministry of social justice and empowerment, government of india had submitted before this court that it was doubtful whether section 65 of the bihar reorganization act, 2000 was applicable in the case of co-operative societies, like the bihar co-operative development corporation or the jharkhand scheduled tribes co-operative ..... divided between the two states. counsel for respondent no. 7, the bihar state scheduled castes co-operative development corporation, reiterated the contention that section 65 of the bihar reorganization act, 2000 was not applicable in case of co-operative societies and on the reorganization of the state, respondent no. 7 co-operative society, .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-16-2003
Reported in : 2005ACJ2145
..... of the truck and pay the compensation amount with interest to the claimant. a lump sum amount of rs. 1,50,000 was assessed payable as compensation under the act.7. the learned counsel appearing for the appellant submitted that the tribunal did not consider the evidence on record in its right perspective. the statement of the appellant ..... adduced in evidence by her and were marked as exhs. 6 and 7 series in support of the aforesaid earnings of her deceased husband. the certificate granted by the acting registrar, b.i.t. mesra and the certificate granted by ranchi industrial area development authority were also brought on record and were marked as exhs. 1 and 2 ..... he died, she also sustained injuries.3. she filed compensation case no. 52 of 1993 for grant of compensation under the provisions of motor vehicles act, 1988 (hereinafter to be referred to as 'the act') stating inter alia that her husband, late jay-ant dhaul was aged about 33 years and was an engineer, graduated from bit mesra, ranchi .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-16-2003
Reported in : [2004(1)JCR258(Jhr)]
Gurusharan Sharma, J.1. The appellant was posted as Deputy General Manager (Vigilance) in Bihar State Cooperative Land Development Bank Samitee.2. On 9.12.1996 he was put under suspension on certain charges leveled against him in contemplation of a departmental proceeding.3. An Enquiry Officer was appointed to enquire into the charges. The enquiry report was submitted on 20.6.1997.4. The second show cause notice thereafter was served on the appellant on 25.6.1997. On receiving the said notice, instead of filing 2nd show cause, if any, the appellant went to Patna and filed a petition on 27.6.1997 for extending the time to file reply to the second show cause notice, which was not entertained by the Administrator, the respondent No. 2. According to the appellant, not only the principle of natural justice was violated in the proceeding, a reasonable opportunity of hearing was also not given to him before serving second show cause notice.5. The disciplinary authority passed final order on 3...
Tag this Judgment!Court : Jharkhand
Decided on : Jun-13-2003
Reported in : II(2004)ACC466; 2005ACJ1070; [2004(1)JCR245(Jhr)]
..... nature and who is employed otherwise than for the purposes of the employer's trade or business),(i) a railway servant as defined in (clause (34) of section of the railways act, 1989 (24 of 1989) not permanently employed in any administrative, district or sub-divisional office of a railway and not employed in any such capacity as ..... of kitchen. however, in the impugned order dated 26.2.2002, it was held that the deceased was not a 'workmen' within the meaning of section 2(i)(n) of the act, although he died in an accident arising out of and in course of his employment. accordingly the claim application was held not maintainable and the parents ..... of the deceased not entitled to any amount of compensation under the act. the claimants have, therefore preferred the present appeal under section 30 of the act.11. mr. t.k. das, learned counsel for the appellant submitted that the labour court erred in law in holding that .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-13-2003
Reported in : [2003(3)JCR218(Jhr)]
..... as informant being madhupur p.s. case no. 149/2002 dated 23.7.2002 under sections 147, 148, 149, 323, 324 and 379 of the indian penal code and later on section 314 of the indian penal code and sections 3 and 4 of the explosive substance act have been added, vide order dated 25.7.2002. it was further pointed out that ..... s. case no. 149/2002 to come to a settlement. 5. on the other hand, learned counsel appearing for the complainant submitted that a full-fledged enquiry under section 202, cr pc was made and after full-fledged enquiry three witnesses have been examined and all of them have supported the case made out in the complaint petition and ..... ansari, so earlier the case could not be filed. (annexure 1). three witnesses were examined and on the basis of evidence of three witnesses, learned court took cognizance under sections 147, 148. 149, 323, 325 and 379 of the indian penal code. 3. heard learned counsel for the petitioners and learned counsel for the opposite party no. 2 complainant .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-13-2003
Reported in : I(2004)DMC779; [2003(3)JCR113(Jhr)]
..... appellants trial proceeded and in course of trial several witnesses were examined. learned court below, after considering the evidence both oral and documentary, held the appellants guilty under sections 304b/34, ipc and sentenced them to undergo r.i. for 10 years. applants had pleaded not guilty to the charges. in course of trial 12 witnesses were ..... on such information informant inferred that this daughter had been murdered by the appellants due to non-payment of dowry. on the basis of written report a case under sections 304b/34, ipc was registered being barkagaon p.s case no. 31/1996 dated 10.4.1996. after submission of charge-sheet, cognizance was taken and case ..... 1999 and order of sentence dated 31st march, 1999 passed in sessions trial no. 311/1996, whereby learned 5th additional sessions judge, hazaribag held the appellants guilty under section 304b/34, ipc and sentenced them to undergo r.i. for 10 years.2, the case of the prosecution in brief is that mangal mahto submitted a report .....
Tag this Judgment!Court : Jharkhand
Decided on : May-14-2003
Reported in : 2003(2)BLJR1222; [2003(3)JCR487(Jhr)]; (2003)IIILLJ810Jhar
..... school), in which a hall was being constructed and the labourers were working in that. on the report of the labour enforcement officer a proceeding under section 20(2) of the minimum wages act was initiated and the following impugned orders (annexure-3) in all the writs, were passed.'abhilekh aaj prastut kiya, niyojak ki ore se hajari ..... common order as in all these writs common question of law is involved.3. in all these writs the order of the inspecting authority passed under section 20(2) of the minimum wages act, 1948 has been challenged.4. the petitioner is the principal of the school in question (it is reported that now he has been transferred ..... order on that point.6. so far as the second aspect i.e. witnesses were not examined is concerned, sub-section (3) of section 20 of the minimum wages act is relevant, which reads as follows :'when any application under sub-section (2) is entertained, the authority shall hear the applicant and the employer, or give them an opportunity of being .....
Tag this Judgment!Court : Jharkhand
Decided on : May-14-2003
Reported in : II(2003)DMC662
..... and her dead body having been recovered from the well which is hardly 50 yards from the house of the appellant. therefore, the presumption as mandated under section 113b of the evidence act has to be drawn in this case regarding the dowry death of the deceased provided it is proved by legal evidence on the record that the deceased ..... -relation with the marriage of the appellant with the deceased and this demand does not fall within the ambit of the definition of dowry as defined under section 2 of the dowry prohibition act, 1961.the said demand of rs. 10,000/- for prosecuting the b.sc. studies of the appellant has definitely no nexus with the marriage of ..... for prosecuting the study of the appellant for b.sc. as alleged by the prosecution does not at all fall within ambit of dowry as defined in section 2 of the dowry prohibition act, 1961. elucidating further it has been submitted that the medical witness conducting the post-mortem examination on the dead body of the deceased has not found .....
Tag this Judgment!Court : Jharkhand
Decided on : May-14-2003
Reported in : [2003(3)JCR46(Jhr)]
..... the facts in his cross-examination showing their innocence specially in view of the fact that the informant has denied to have stated before the io in his statement under section 161 of the cr pc to have seem manna oraon fallen on the road which goes to akhara. the learned court below has committed a manifest error in relying upon ..... oraon and had concealed his dead-body somewhere. it is also alleged that he is on litigating terms with the appellants in respect of the land and a proceeding under section 145 of the cr pc is also subjudice between them.4. the appellants have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent ..... of 1985/t.r. no. 7 of 1966 by shri damodar prasad, additional judicial commissioner, ranchi whereby and whereunder all the appellants were found guilty for the offence punishable under sections 302/34 and 201/34 of the indian penal code and they were convicted and sentenced to undergo ri for life for the offence under .....
Tag this Judgment!Court : Jharkhand
Decided on : May-14-2003
Reported in : 2003(2)BLJR1585; I(2004)DMC624
..... death of the deceased is unnatural death which has occurred otherwise than under normal circumstances. however, i'cannot draw a presumption against the appellant in this case under section 113b of the evidence act in view of the fact that the marriage of the deceased having been solemnized with appellant, jagal yadav in the year 1975 i.e. about 21 years ..... after the commission of the murder of the deceased and thereafter she has gone to the house of the informant. it is relevant to mention here that her statement under section 161 cr. p.c. was recorded when admittedly she was living in the house of the informant. now a pertinent question arises as to what prevented pw 8 in ..... whereby and whereunder appellants, jagal yadav, gulab yadav, chetan yadav and sahodar yadav (in cr. appeal no. 271 of 1999) have been found guilty for the offence punishable under section 302/34 and 201 of the indian penal code and they were convicted and sentenced to undergo r.i. for life and to pay a fine of rs. 2,000 .....
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