Court : Jharkhand
Decided on : Mar-03-2003
Reported in : II(2003)BC432; [2003(2)JCR222(Jhr)]
..... deciding the application filed by the appellant the court below in its earlier order dated 23.1.1996 observed as under :'so far question of stay of suit under section 34 of arbitration act is concerned there is neither prayer of the defendant nor there is stage for the same since the defendants have already filed written statement. since there is no ..... and jurisdiction to appoint an receiver to make an order on interim injunction or to pass orders in respect of other matters set out in the second schedule of the act for the purpose of and in relation to arbitration proceedings but such power and jurisdiction of the court can not be exercised if it prejudices the right of the party .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-03-2003
Reported in : [2003(2)JCR278(Jhr)]
..... power, it cannot be saidthat the old agreement stood automatically converted into lt agreement for the simple reason that there is no provision in the agreement or in the electricity act for conversion of ht agreement into lt agreement.9. one question may be raised that if the respondents accepted the bill then whether it will be deemed that they conceded ..... of 12 months, the agreement ceases and stands determinated. determination in the legal sense means, 'the determination is something as termination. coming to an end in any way of the act'. when a particular term is used in a clause of the agreement then that hasto be given the legal meaning. as per decision 1997 (11) scc 380, the ht consumers .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-03-2003
Reported in : [2003(4)JCR349(Jhr)]
..... that the disconnection of the electrical connection on 1.5.1997 was without any notice and in violation of the section 24 of the indian electricity act and (iv) also for a declaration that the petitioner was entitled to be served the energy bills on the basis of the ltis tariff.3. ..... writ petition is partly allowed and the direction is given to therespondents to revise the bills from thatdate on which the petitioner made its intention by a positive act clear for reducingits load and for allowing it to continue asltis consumer. the proceeding in the certificate case is consequently quashed andif the revised bills are not ..... and was asked to make payment, otherwise certificate proceeding would be filed against it, annexure-8 and ultimately, a notice was issued under the bihar & orissa public demand recovery act. the petitioner has come to this court for quashing (i) the energy bills, annexure-7, (ii) of the certificate proceeding, annexure-8, (iii) for a declaration .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-28-2003
Reported in : [2003(2)JCR160(Jhr)]
..... before the army they were arrested and a criminal case was registered against them. according to mr. m.m. prasad, the situation in the unit had turned explosive and in these circumstances the authorities had no alternative but to dismiss them from service. the police had submitted charge-sheet against 222 persons including the petitioners.11. ..... of the cis force filled in. here was a case very much like a case, under section 149 of the indian penal code. the acts alleged were not of any particular individual acting by himself. these were acts of a large group acting collectively with the common object of coercing those in charge of the administration of the cis ..... led to their dismissal, a criminal case had been registered against all the 805 persons including the petitioners under section 302 and other sections of the indian penal code as also under the provisions of the arms act. however, out of 805 persons, charge-sheets were submitted only against 222 persons and all the persons against .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-25-2003
Reported in : 2003(2)ALT(Cri)4; II(2003)BC517; 2003CriLJ3088; [2003(2)JCR178(Jhr)]
..... in support of the contention that a substituted complainant cannot be said to be the 'holder in due course' as defined under the provisions of section 9 of the negotiable instruments act. this court rejects the aforesaid contention of the learned counsel for the petitioner on the ground that from the allegations made in the memo of complaint ..... code. the ground taken in the petition for acquittal and discharge was that the complainant had died on 6.6.2001, and that cognizance under section 138 of the negotiable instruments act was barred by limitation.4. the short facts which are necessary to be taken note of in this case is that on 2.6.2000 ..... , except to state that upon registration of the petition of complaint by the additional chief judicial magistrate, koderma under sections 420, 468 and 120b of the indian penal code read with section 138 of the negotiable instruments act, the complaint was dismissed for being time barred on 3.8.2000. thereafter the complainant moved the learned sessions .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-21-2003
Reported in : [2003(2)JCR541(Jhr)]
..... the land in question had also taken place, between the parties prior to the institution of the partition suit. ext. a also corroborates the existence of a proceeding under section 144, cr pc between the parties in respect of the land in question during the pendency of the said title suit before the court of deputy collector, sahebganj bearing ..... the prosecution case in their evidence on oath regarding the manner of the occurrence and the learned court below has rightly found the appellants guilty for the offences under sections 302/149, 323/149 and 147 ipc and has convicted and sentenced them and there is also no illegality in the impugned judgment.10. it will admit of ..... civil court and, as such, there was unity of title and possession of the parties over the said land and that was the reason the appellants were acquitted under section 447 of the ipc by the learned court below. it has also been submitted that there is no material on the record brought by the prosecution to give an .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-21-2003
Reported in : 2003CriLJ2188
..... in sessions trial no. 8 of 1997 by sri s. h. kazmi, 3rd additional sessions judge, jamshedpur, east singhbhum whereby and whereunder all the appellants aforesaid were found guilty under sections 302/34 and 201/34, i.p.c. for committing the murder of prasanna kumar bera, the uncle of p.w. 2, dinesh chandra bera, the informant and also causing ..... on behalf of the defence.7. in view of the oral and documental evidence on the record, the learned court below found all the appellants guilty for the offence under sections 302/34 and 201/34 i.p.c. and convicted and sentenced them as stated above.8. assailing the impugned judgment against the weight of the legal evidence on the ..... deceased which was as per prosecution case has been recovered on 24-4-1996 and brought before the medical witness on 25-4-1996. lastly it has been submitted that section 157 of the cr. p.c. casts a duty upon the i.o. to forthwith send the report of the cognizable offence to the magistrate empowered to take cognizance and .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-19-2003
Reported in : [2003(2)JCR410(Jhr)]
..... 27.2.2002 passed by respondent no. 2. we have also seen carefully the relevant paras of the coal mines provident fund scheme framed under section 3 of the coal mines provident funds and miscellaneous provisions act, 1948 and issued vide notification dated 11.12.1948. it is the undisputed case of the parties before us that the payment of the accumulated .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-17-2003
Reported in : [2003(97)FLR923]; [2003(2)JCR405(Jhr)]; (2003)IILLJ997Jhar
..... employees of a separate entity, which by itself has nothing to dowith the tinplate company, then in that case that separate entity goes outside the purview of 1952 act. our attention was drawn to the order passed by the regional provident fund commissioner, jamshed-pur as also the order passed in appeal by the employees' provident ..... company. if the 18 persons are the employees of tinplate company then of course they are a part of the larger establishment and the provisions of the act being already applicable to the tinplate company, those 18 persons would also become a part of that establishment, but if it is found that those 18 persons ..... with reference to sub-section (3) of section 1 of the employees provident funds and miscellaneous provisions act, 1952 it is agreed by both mr. anil kumar sinha, learned senior counsel appearing for the appellant and mr. p.p.n. roy, learned counsel appearing for the respondents that the applicability of the provisions of the aforesaid act, in so far .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-13-2003
Reported in : [2003(2)JCR533(Jhr)]
..... murdered his wife and to screen from the legal punishment, caused disappearance of the legal evidence by setting his house on fire and fled away, resulting conviction under section 304b and 201 of the indian penal code and sentencing the appellant thereunder. 5. the appellant has taken the plea that he was not present at his ..... put his lti and the case was registered. 3. the prosecution has examined altogether nine witnesses to bring home the charges, levelled against the accused/appellant under sections 304b and 201 of the indian penal code. pw 1 janardan singh and pw 2 arjun bhagat, both of village-basila, when returned their home on 28.4 ..... in sessions trial no. 258 of 1993, whereby and whereunder, the appellant has been convicted under section 304b of the indian penal code and sentenced to undergo rigorous imprisonment for life and further be has been convicted under section 201 of the indian penal code and sentenced to undergo rigorous imprisonment for three years, directing both the .....
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