Court : Jharkhand
Decided on : Jan-24-2003
Reported in : [2003(2)JCR356(Jhr)]
..... shape of legal evidence against the appellant in view of the legal infirmities surrounding them. it is equally relevant to mention here that the appellant in his statement under section 313 of the code of criminal procedure has retracted from his confession. the learned court below has erred in finding the appellant guilt on the basis of the confessional ..... regarding the recovery and seizure of blood stained bamboo-lathi and earth mixed with cow dung from the house of the appellant and ext. 3 is the statement under section 164 of the cr pc of the appellant recorded by a judicial magistrate. no oral and documentary evidence has been brought on record on behalf of the defence.6. ..... and that he has been falsely implicated in this case at the instance of pw 2, rup narain paharia due to land dispute and this appellant in statement under section 313, cr pc has retracted from his confession.5. the prosecution has in all examined 12 witnesses in this case. it is essential to mention at the very .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-22-2003
Reported in : II(2003)ACC746; [2003(97)FLR267]; [2003(1)JCR649(Jhr)]
..... further of the view that the deputation of the deceased at the instance of the appellant pursuant to letter of request complying the requirement of section 12 of the said act and therefore appellant will be treated as an owner/employer for the purpose of fixing liability for payment of compensation in case of death or ..... the commissioner, and found that it is the general manager, cc ltd. who requested the authorities of bihar home guard to depute few home guards for guarding explosive magazine situated at rajrappa project. pursuant to that letter few home guards including the deceased was deputed. the commissioner also recorded a finding that wages paid to ..... home guard battalion, hazaribagh. service of some of the home guards including deceased were lien to the cc ltd. for guarding explosive magazine stored at koihara rajrappa project. on the fateful day, there was explosion in one of the magazine, as a result of which the deceased inderdeo yadav died. the respondents who are the claimants .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-22-2003
Reported in : [2003(2)JCR34(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. Rajeev Sinha, learned counsel for the petitioner and Mr. Pradip Modi, learned G.P.I, for the respondents.2. Whether the resolution/notification No. 6394 dated 23.10.1987 can be applied upon the petitioner is the moot question that has to be decided in this case.3. According to the petitioners, by an order dated 9.7.1980 the Chief Engineer. National High Ways Project terminated the services of several employees including the petitioner and thereafter by order dated 4.4.1981 issued by the Chief Engineer, Public Works Department. National High Ways as contained at Annexure 2, the retrenched staff including the petitioner were taken back in service. The name of the husband of the Petitioner No. 1 (and father of the Petitioner No. 2), namely, Ajay Kumar Sinha's name was mentioned at SI. No. 1 of running page 31 of this Writ Application.4. On 5.4.1984 by Annexure 5 a letter was issued under the signature of the Joint Secretary, Road Construction Department,Gove...
Tag this Judgment!Court : Jharkhand
Decided on : Jan-21-2003
Reported in : II(2003)ACC429; 2004ACJ1056; AIR2004Jhar18; [2003(1)JCR542(Jhr)]
..... may be encompassing within itself the concept of change of ownership and therefore, notwithstanding the execution of any such agreement, unless the requirements contained in section 50 of the act have been complied with and the change in the registration certificate has taken place, the ownership of the vehicle remains with the registered owner of the ..... rupees one hundred and for any second or subsequent offence with fine which may extend to three hundred rupees. 12. a plain reading of section 50 and section 177 of the act therefore clearly suggests that onee a person intends transferring the ownership of a vehicle to someone else, he has to take recourse to the ..... is absent. accordingly, this appeal is being disposed of in his absence. 2. the only question involved in this appeal filed under section 173 of the motor vehicles act, 1988 (1988 act for shorto revolves around the issue of the ownership of the vehicle involved in the accident and hence the consequential question of the liability .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-21-2003
Reported in : [2003(1)JCR624(Jhr)]
..... as being contrary to the law and evidence on record. learned counsel submitted that the trial court has correctly appreciated the law that the adverse order passed under section 145, cr pc will not effect the aggrieved person in respect of his title and claiming possession with other co-sharer. learned counsel submitted that the court of ..... possession. learned court below further found that there was sufficient evidence that all the heirs of deo narayan tiwari and his four brothers had fought the proceeding under section 145, cr pc and they all had been declared to be in joint possession of the suit property. admittedly, other brothers and heirs of deo narayan tiwari ..... other in the rent receipts jamabandi holding came to be mentioned as 83. their further case is that before the aforementioned partition suit, there was a proceeding under section 145, cr pc where it was admitted that all the five sons of sheodhari tiwari have their residential houses, and well in the suit property. in that .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-20-2003
Reported in : 2003(51)BLJR529; [2003(2)JCR336(Jhr)]
..... pleadings, right up to supplementary affidavit, the petitioner did not whisper about his having filed suit on 6.11.1990 under the provisions of section 10 of the indian divorce act. when the respondent nos. 3 and 4 brought photocopies of the certified copies of this document along with the order sheet, the petitioner filed ..... second marriage praying for dissolution of the first marriage. they have also stated that the petitioner gave a false declaration which is punishable under section 66 of the indian christian marriage act, 1872. they have also stated that the petitioner has come with unclean hands and all these actions amount to misconduct on his part. these ..... . these respondents have brought on record annexure a which is the photocopy of the certified copy of the plaint filed by the petitioner under section 10 of the indian divorce act praying before the judicial commissioner, ranchi that the marriage between him and ursulla be dissolved by a decree of divorce. annexure a/1 is .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-20-2003
Reported in : [2003(1)JCR656(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. S. Bose, learned counsel for the petitioner and Mrs. I. Sen Choudhary. learned counsel for the respondents.2. This case relates to regularization of the services of the petitioners who at paragraph 6 have stated that they have been appointed as daily wage workers prior to 1.8.1985. According to the learned counsel for the petitioner all of them are working in the Minor Irrigation department.3. The learned counsel for the petitioner brought to the notice of this Court that the matter relating to regularization of services of daily wage employees of the Minor Irrigation department moved up to the Apex Court. The Supreme Court while disposing off SLP(C) No. 18164/1999 on 30.10.2000 made certain observations for regularization of services of those persons strictly as per scheme contained in a resolution dated 18.6.1993.4. Learned counsel for the petitioner has further produced for perusal of this Court an order passed by a Division Bench of this Court in MJC ...
Tag this Judgment!Court : Jharkhand
Decided on : Jan-17-2003
Reported in : 2003(51)BLJR578; [2003(2)JCR348(Jhr)]
..... examination of a witness in connection with sessions trial no. 70/2000 arising out of g.r no. 624 of 1998 registered under sections 324, 302/34 of the indian penal code and 3/4 of the explosives substance act. 2. short fact of the case as alleged that one vishwanath singh while returning from the call of nature the accused devendra singh ..... . vishwanath singh sustained injury due to explosion of the bomb. in the meantime, accused persons fled away. later on the injured died due to said injuries. 3. the police investigated into the case and submitted charge-sheet against the accused persons. prosecution examined the witnesses and after closing of the prosecution case, a petition under section 311, cr pc was filed for .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-16-2003
Reported in : [2003(1)JCR536(Jhr)]
..... be deemed to have been validly issued at all times and that persons or institutions coming or falling within the taxation net as per the charging section (section 3 of the act) would be and have always been liable to pay tax as per the rate prescribed and fixed under this notification. this brings us to the ..... their respective promulgation and enactment and the rate of entertainment tax fixed by notification s.o. 1540, dated the 1st december, 1975 issued under sub-section (1) of section 3 of bihar act 35 of 1948 shall, unless modified, superseded or cancelled, be deemed to have continued.' 10. the aforesaid legal position as now brought out by ..... by the bihar entertainments tax [amendment) ordinance, 1976 (bihar ordinance 21 of 1976) and that by virtue of the aforesaid ordinance, the original sub-section (1) of section 3 of the act was substituted so as to enhance the maximum rate of entertainment tax to 150 per cent of the amount of payment chargeable for admission in an entertainment .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-16-2003
Reported in : [2003(1)JCR655(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. Mahesh Tewari, learned counsel for the petitioner and Mr. M.M. Banerjee, learned counsel for the respondents.2. Reference in this case may be made to the order dated 11.12.2002. The intention of the order was not to be told the technicalities or the jargon of the term 'MPQ'. The intention was that the BCCL should indicate as to how much coal is in a position to supply considering the fact that the petitioner had just taken its birth in the year 2000, It is nobody's case that this petitioner is fake or not a genuine entrepreneur. So many factors will have to be taken into consideration and one cannot lose sight of the economy of the new State of the Jharkhand. If an entrepreneur is forced to wind up within the archives of the definition of the word 'MPQ' or such other definition which are consigned or framed by the coal company, then the very purpose for which the coal companies have been formed and the very purposes for which an entrepreneur takes linkage...
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