Court : Jharkhand
Decided on : Aug-13-2003
Reported in : AIR2004Jhar92; [2003(4)JCR156(Jhr)]
..... of the suit on the ground that he does not seek consequential relief must be taken with promptitude. here in this case the question of application of section 34 of the said act has been raised for the first time in the second appeal. it is the settled law that if the plaintiff is out of possession of the suit ..... is no finding recorded in respect thereof in the impugned judgment. question of applicability was raised for the first time in the appeal before this court. section 34 of the specific relief act runs thus :--'section 34. discretion of court as to declaration of status or right.--any person entitled to any legal character, or to any right as to any property ..... and ors., air 1926 privy council 100, was placed. it has also been contended that there was no issue framed by the trial court in respect of section 34 of s.r. act and this aspect of the matter was also not raised before the lower appellate court below and for the first time in this second appeal this question has .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-12-2003
Reported in : [2003(4)JCR149(Jhr)]
..... for the petitioner met this contention by pointing out that in the earlier judgment, directing the petitioner to invoke the jurisdiction of the commissioner under section 46(4) of the act, this court had observed that in case the petitioner was aggrieved by the decision of the commissioner, the petitioner may approach this court and on ..... this was followed by the issuance of a notification published on 12.1.2000 as so no. 65, annexure-3 in exercise of power under section'22 of the bihar finance act, 1981. the said notification defined an industrial unit as meaning any industrial project in large and medium scale having approval in the form of ..... this court declined to entertain the writ petition and directed the company to invoke the revisional jurisdiction of the commissioner of commercial taxes, under section 46(4) of the bihar finance act. the company thereafter filed a revision before the commissioner of commercial taxes. by order dated 26.3.2003, the commissioner of commercial taxes .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-12-2003
Reported in : 2005ACJ1605; AIR2004Jhar66; [2003(4)JCR695(Jhr)]
..... are entitled to get compensation from the government.9. in the instant case, it has been held in the foregoing paragraphs that the police, having not called explosive experts, acted in a manner which failed to protect the life of the deceased rajnish @ dablu. however, taking into consideration the fact that even the members of the police ..... members of the. family were dependent upon the income of the deceased rajnish kumar @ dablu. it has also been stated that rajnish died due to the bomb explosion.10. the aforementioned paragraphs 8, 9 and 10 have not been controverted by the respondents in their counter affidavit. all that they have said is recorded at paragraph ..... is stated that unaware of the contents of the parcel, the police party alongwith the son of the petitioner tried to open the parcel and in the subsequent explosion, the on of the petitioner was killed while the members of the police party suffered serious bomb blast injuries. the son of the petitioner himself volunteered to open .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-07-2003
Reported in : [2003(3)JCR562(Jhr)]
..... decimals of plot no. 369 executed by defendant nos. 3 to 6 without consideration in favour of defendants appellant nos. 1 and 2 and, thereafter, there was a proceeding under section 144 of the code of civil procedure between the parties in respect of entire land of plot no. 369 which was dropped on 25.8.1973 and, thereafter again a ..... action for the suit?(ii) is the suit had for defect of parties? (iii) is the suit barred by limitation?(iv) is the suit barred by various parties of cnt act?(v) is the suit properly valued and the court-fee paid is sufficient?(vi) is the suit bed for vague description of the suit lands?(vii) when did jhari died ..... of the code of civil procedure took place between them in respect of suit land only which was converted into a proceeding under section 145 of the code of civil procedure wherein possession of the defendants appellant nos. 1 and 2 over the suit land was declared in their favour and a revision preferred .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-01-2003
Reported in : [2003(4)JCR685(Jhr)]
..... of them so that annual payments could be made regularly to him. this letter goes to show that the government had already identified the trust under section 21(2) of the act. it appears, that even after so many documents which were written by the officers of the state, nothing has been paid to the petitioners save ..... deputy commissioner, dumka vide annexure 2 wherein records of the brojo bala trust estate were asked to be furnished for purposes of identification under section 21(2) of the bihar land reforms act.7. thereafter a letter was issued from the officer of the divisional commissioner, santhal pargana at dumka addressed to the deputy secretary to ..... religious and charitable purposes. consequently, by letter dated 9.10.1985 as contained in anneuxre 1, he recommended that the trust be identified under section 21(2) of the bihar land reforms act, 1950. subsequently, on 2.9.1986 the government of bihar through the additional secretary, department of revenue and land reforms sent a letter .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-31-2003
Reported in : 2003(3)BLJR1899; [2003(3)JCR548(Jhr)]
..... the parties to lead evidence. the special officer recorded a finding that the land appears to have been converted into chapperbandi land and, therefore, section 71-a of the cnt act is not applicable. against the said order respondent no. 5 preferred an appeal before the deputy commissioner and deputy commissioner being the appellate authority ..... the land in question was chapperbandi, as alleged by the petitioner. it cannot be disputed that if a land is chapperbandi, no proceeding under section 71-a of the act can be initiated for restoration of that land. if the land was chapperbandi, as alleged by the petitioner, it will be governed by the ..... sanctioned by the ranchi improvement trust. according to the petitioner, the land being the chapperbandi land, application for restoration of the said land under section 71-a of the cnt act is not maintainable.3. it appears that in the earlier restoration proceedings orders were passed by the special officer, appellate authority and the revisional .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-30-2003
Reported in : [2003(3)JCR751(Jhr)]
..... cloud cast on their title by the execution of the sale deeds by lachman ahir regarding the coparcenary property without the consent of the other coparceners. therefore, section 34 of the said act is not at all attracted in this case. viewed thus, the case laws relied upon by the learned counsel for the defendant-appellants are of no help ..... of the suit on the ground that he does not seek consequential relief must be taken with promptitude. here in this case the question of application of section 34 of the said act has been raised for the first time in the second appeal. it is the settled law that if the plaintiff is out of possession of the ..... no finding recorded in respect thereof in the impugned judgment. question of applicability was raised for the first time in the appeal before this court. section 34 of the specific relief act runs thus : '.....section 34. discretion of court as to declaration of status or right.--any person entitled to any legal character, or to any right as to any .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-29-2003
Reported in : [2003(4)JCR394(Jhr)]
..... ramgarh before the land reforms deputy collector in the year 1986. this therefore appears to be a case where the matter was also barred under the first proviso appended to section 46(4)(a). this court, therefore, does not understand as to how the appellate authority, namely the additional collector made an observation that the land reforms deputy collector who had .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-28-2003
Reported in : [2003(4)JCR534(Jhr)]
..... of or addition to the draft is necessary and thereafter certify the standing orders with or wi'thout modification as the case may be. under section 13 if an employer acts in contravention of such certified standing orders, he is liable to a fine and in case of a continuing offence with a higher fine. ..... the general manager who could have taken action in terms of the standing order no. 4-a but according to him in view of section 12(2) of the road transport corporation act, 1950, the additional general manager had been delegated with the powers to pass final orders in departmental proceedings in respect of such staff ..... relevant paragraphs of the hon'ble supreme court of india are quoted below :--'the industrial employment (standing orders) act was passed for requiring employers in industrial establishments to define conditions of employment under them. section 3 of the act requires the employers to submit to the certifying officer draft standings orders proposed by him in his establishment .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-25-2003
Reported in : [2003(4)JCR71(Jhr)]
..... executing court. it is only when the entitlement has been earlier adjudicated or recognized by the employer, the labour court can proceed under section 33c(2) of the industrial disputes act for the purpose of implementation or enforcement thereof and if in that process some ambiguity requires interpretation, the labour court may incidentally interpret such ..... employee relationship between the petitioner and respondent no. 4. in any event the claim is not within the ambit of, definition of wages, and section 33c(2) of the industrial disputes act.4. the case of the contractor (respondent no. 3) was that the respondent no. 4 was purely part-time supervisor in electrical department ..... ble supreme court has laid down that the labour court cannot adjudicate the dispute of entitlement, or the basis of claim of workman under section 33c(2) of the industrial disputes act. it can only interpret the award or settlement on which the claim is based. the jurisdiction of labour court is like that of .....
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