Court : Jharkhand
Decided on : Oct-14-2003
Reported in : 2004CriLJ569; [2005(3)JCR78(Jhr)]
..... in s.t. no. 434 of 1995 by sri tabarak hussain, 1st assistant sessions judge, jamshedpur whereby and whereunder all the appellants were found guilty for the offence punishable under section 376 of the indian penal code and they were convicted and sentenced to undergo rigorous imprisonment for nine years. however, co-accused-langra say, jogen chaki and krishna banra alias ..... facts regarding the objective finding of the i.o. in respect of the place of occurrence and also controverting the evidence of the informant with her statement as recorded under section 161 of the cr. p.c. and viewed thus, the impugned judgment is unsustainable.8. learned a.p.p. has very fairly submitted that the medical evidence does not at .....
Tag this Judgment!Court : Jharkhand
Decided on : Oct-13-2003
Reported in : [2004(1)JCR264(Jhr)]; (2004)IILLJ453Jhar
order1. under section 10 of the industrial disputes act, 1947, the appropriate government, at the instance of the workmen, represented by rashtriya colliery mazdoor sangh. dhanbad, referred the following dispute for adjudication before the central government industrial tribunal no. .....
Tag this Judgment!Court : Jharkhand
Decided on : Oct-13-2003
Reported in : [2004(1)JCR91(Jhr)]
..... -sheet or for which he was not proceeded against. the appellate authority, by having taken into consideration additional charges, must therefore be said to be acted with material irregularity.11. additionally and as is apparent is that the main charge therefore which ultimately comes to the forefront is that the petitioner did not accept command on ..... said is that such a demand was not made.10. it therefore appears that both the officers who have passed the impugned orders have not applied their mind and have acted in a manner that is not permissible in law. it is well known that no person can be punished for a charge that was not a part of the charge .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-25-2003
Reported in : AIR2004Jhar29; II(2004)BC438; 2003(3)BLJR2295; [2003(4)JCR579(Jhr)]
..... in view of the fact that compound interest has not been allowed to the decree holder-opposite party. lastly it has been contented that section 3(3)(c) of the interest act, 1978 mandates that no interest upon interest shall be awarded by the court and viewed thus the learned court below has wrongly exercised its ..... exercised the jurisdiction not vested in it by law or failed to exercise a jurisdiction vested in it by law or acted in the exercise of its jurisdiction illegally or with material irregularity. the purpose behind section 115 of the code is to provide means to an aggrieved party to obtain ratification of a non-appealable order. ..... party is a small scale industrial undertaking as per clause (j) of section 3 of the industries (development and regulation) act, 1951 and as per section 3 read with sections 4 and 5 of the interest on delayed payments to small scale and ancillary industrial undertaking act, 1993, the decree holder-opposite party is entitled for compound interest and .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-25-2003
Reported in : II(2004)DMC375; [2004(2)JCR322(Jhr)]
..... evidence such death shall be called dowry death and the husband or his relatives shall be deemed to have caused her death.12. a conjoint reading of section 113b of the evidence act and section 304b of the indian penal ode shows that there must be material to show that soon before her death the victim was subjected to cruelty or harassment for ..... circumstances within 7 years of her marriage having taken place in the bari of her matrimonial home in village chutiaro.10. therefore, the presumption of mandatory requirement under section 113b of the evidence act may 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 was subjected .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-25-2003
Reported in : [2004(102)FLR361]; [2004(2)JCR262(Jhr)]
..... 8 of the award wherein he has correctly applied the judgments of the hon'ble supreme court referred to therein and has also correctly held that insofar as section 10 of the industrial disputes act is concerned, there is no limitation prescribed. the learned labour court correctly applied the judgment of the supreme court in the case of mahabir singh v. ..... etc. are commercial departments of the central government and as such they come within the purview of the definition of the word 'industry' as defined in the industrial disputes act. at paragraph 15 of the said judgment it has been so held and at paragraph 29 it has further been held that both administrative tribunals ..... self-contained codes and the jurisdiction of the industrial courts is not curtailed by reason of the provisions of the administrative tribunals act. at paragraph 30 it has been held that the jurisdiction of the central administrative tribunal and the industrial courts are concurrent.17. finally, mr. modi submitted that in .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-23-2003
Reported in : 2004(1)BLJR177; 2004CriLJ1036; I(2004)DMC727; [2003(4)JCR288(Jhr)]
..... the marriage is belied from the statements made in the fir itself. then the second question is whether there is any offence committed under section 4 of the dowry prohibition act? section 4 of the dowry prohibition act reads as follows :--'4. penalty for demanding dowry.--if any person demands, directly or indirectly, from the parents or other relatives or ..... proceeding as well as the order dated 19.5.2003, whereby cognizance of the offence was taken by the chief judicial magistrate, seraikella, under section 498a, ipc and under section 3 and 4 of the dowry prohibition act in connection with adityapur p.s. case no. 230/02, g.r. case no. 773/02, now pending in the court of ..... dictionary meaning of these words has to be used while dealing with the cases arising out of dowry prohibition act.8. on the basis of the discussion made above, it is held that the section 4 of the dowry prohibition act is not applicable in the facts and circumstances of this case as at the time when alleged demand was .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-16-2003
Reported in : 2004CriLJ1712; I(2004)DMC489; [2003(4)JCR473(Jhr)]
..... appellant in her matrimonial home and her dead body has been found lying on the floor of the room under her occupation. therefore, the presumption as mandated under section 113b of the evidence act may 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 was subjected ..... evidence such death shall be called dowry death and the husband or his relatives shall be deemed to have caused her death.section 2 of the dowry prohibition act defines 'dowry' which is quoted below :-- '2. definition of 'dowry'.--in this act, 'dowry' means any property or valuable security given or agreed to be given either directly or indirectly,--(a) by one party .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-15-2003
Reported in : I(2005)ACC600
gurusharan sharma, j.1. heard the parties. the insurance company has preferred the present appeal under section 173 of the motor vehicles act, 1988 against the impugned judgment and award dated 7th september, 2002 passed in claim case no. 143 of 1996, whereby the motor vehicles claims tribunal, koderma has directed the insurer ..... the decision of the apex court in national insurance co. ltd. v. nicolletta rohtagi and ors. : [2002]supp2scr456 , in absence of the leave obtained in the tribunal to contest under section 149, the insurer is estopped to challenge the quantum of compensation in this appeal. we find that the tribunal has recorded a categorical finding that driver of the offending vehicle .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-12-2003
Reported in : 2003(3)BLJR2040
..... order of mutation. the ranchi bench of the patna high court vide order dated 21st july, 1987 directed the collector under b.l.r. act to initiate a proceeding under section 4(h) of the act with liberty to the petitioner to satisfy the collector that the settlement was made prior to 1st january, 1946.the trial court on appreciation of ..... that the land having been settled in the year 1934 a.d., the respondents had no jurisdiction to reopen the matter to annual the settlement under section 4 (h) of the b.l.r. act, 1950. the authorities had jurisdiction to cancel settlement/transfer of a land, if made at any time after 1-1-1946 to defeat any provision ..... north chotanagpur division, hazaribagh is concerned, he has been vested with power of revision under section 4a of the b.l.r. act, 1950 and may at any time call for and examine the record of any proceeding under clause (h) of section 4 of the act for the purpose of satisfying himself as to the correctness, legality or propriety of any finding .....
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