Court : Jharkhand
Decided on : Jul-24-2003
Reported in : 2003(3)BLJR1766
..... g.c. sahu submitted vehemently that the trial court committed gross error in convicting the appellants when other accused persons, who were also charged for the offence under section 34 of the indian penal code have already been acquitted and the allegations against all the six accused persons, who were facing trial together, was the same and similar ..... , therefore, they cannot be convicted for the said offence. 17. it is well settled that common intention within the meaning of section 34 i.p.c. implied a pre-arranged plan and the criminal act was done pursuant to the pre arranged plan. the said plan may also developed on the spot during the course of the commission ..... of the offence; but the crucial circumstances is that the said plan must precede the act constituting the offence. if that be so, before a court can convict a person under section 302, read with section 34 it should come to a definite conclusion that the said person had a prior concert with one or .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-23-2003
Reported in : [2004(2)JCR350(Jhr)]
..... two month's fell due, both the plaintiff and the defendant shall be jointly responsible to vacate the shop.5. in this revision application filed under section 14 (8) of the act by the defendant without going into the pleadings, evidence and findings recorded in the impugned judgment regarding the alleged claim of personal necessity of the plaintiff as ..... tenancy. however, in the alternative personal necessity was also denied.2. during pendency of the suit, the trial court passed an order under section 15 of the act which was not complied with and, therefore, the defendant's defence against ejectment was struck off by order dated 17.2.2001.3. however, the suit proceeded ..... 4 (old) of dhanbad municipality and the plaintiff had no locus standi to claim himself to be the landlord of the suit shop within the meaning of section 2 (f) of the act. she was never a tenant under the plaintiff and she was paying rent to the owner regularly. there was no question of any fixed term of .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-22-2003
Reported in : 2003(3)BLJR2183; [2004(2)JCR375(Jhr)]
..... commissioner, ranchi relied solely and wholly on the order dated 10-03-1987 which was passed on the objection filed by the land holders under section 8 of the urban land (ceiling, and regulation) act, 1976.3. in the instant case, mr. n.k. prasad, senior advocate appearing for the petitioners has pointed out that while the land ..... kumar tuli, his major son would constitute another unit comprising of himself. in this context, the definition of the word 'family' as given in section 2(f) of the urban land (ceiling and regulation) act, 1976 is as follows:--'2 (f) 'family', in relation to a person, means the individual, the wife or husband, as the case may ..... has been argued by mr. prasad.12. consequently, while dealing with the objection of the petitioners under section 10(2), the deputy commissioner relying upon the aforementioned order dated 10-03-1987 must, therefore, be said to have acted with a complete non-application of mind. the appellate order which is the other order impugned in this .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-22-2003
Reported in : II(2004)ACC527; [2004(2)JCR369(Jhr)]
..... v. state of bihar, 1998 (3) pljr 457, the ranchi bench of the patna high court, in addition to upholding the validity of the taxation act, also held that section 6 in clear terms levies tax on dealers in respect of the motor vehicles in course of their business and that the plea that a two wheeler does not ..... prescribed period, the person liable to pay such tax shall pay together with arrears of tax a penalty at the rate prescribed by the state government. section 23 of the taxation act read with rule 4 of the taxation rule does not give any discretion as such to the authority concerned. delayed payment of tax automatically attracts penalty ..... the petitioner conceded that the two wheelers traded in by them, satisfies the definition of a motor vehicles under section 2(28) of the motor vehicles act, but they pointed out that sub-section (27) of section 2 of the motor vehicles act separately defines a motor cycle and since the vehicles dealt with by them satisfy the definition of 'motor cycle .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-22-2003
Reported in : II(2003)DMC718
..... the appellants were framed under sections 304b/34 of the code and the learned court below on the basis of evidence-both oral and documentary - found the allegation true against the appellants and ..... bearing ichak p.s. case no. 82 of 1995 and investigation was taken up. after going through the paraphernalia and investigation, i.o. submitted charge-sheet under sections 304b/34 of the code. the chief judicial magistrate took cognizance of the offence and the case was committed to the court of sessions and the charges against ..... 30.5.2000 passed in sessions trial no. 185 of 1996 whereby and whereunder the learned court of ilnd additional sessions judge, hazaribagh found the appellants guilty under sections 304b/34 of the indian penal code (hereinafter referred to be as 'code') and sentenced appellant no. 1 naresh prasad mehta to undergo r.i. for life .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-17-2003
Reported in : [2003(3)JCR420(Jhr)]
..... assessment years 1974-75. the question that arose for decision was whether the items sold in the canteen run by the assessee in terms of its obligation under section 46 of the factories act to run a canteen could be treated as sales and the turnover thereon and the turnover in respect of some articles sold by it to its employees, ..... v. state of bihar, 58 stc 302, in which the full bench had held that to come within the ambit of the definition of dealer in section 2(f) of the bihar sales tax act, 1959, a dealer should carry on a business in the concerned commodity and the omission of the words 'carries on business' brought about by an amendment ..... as a dealer. with respect, we think that the change in the definition brought about by the 1959, act read with the charging section in that act, clearly leads to the position that, to be treated as a dealer under the bihar finance act, it is not necessary that the assessee should be carrying on a business in a particular commodity. when the .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-16-2003
Reported in : 2004CriLJ84
..... and definite evidence.19. in view of the discussions made above, it can safely be held that the prosecution has miserably failed to establish the charge under section 302/34 of the indian penal code as well against the appellants beyond all reasonable doubts. the trial court seriously erred in convicting the appellants only on mere ..... . p. n. roy, the learned counsel while assailing the judgment of the trial court argued that the trial court committed gross error in convicting the appellants under section 302/34 of the indian penal code when the appellants have already been acquitted from the charge of poisoning, being the main allegation already vanished. it is further ..... informant came to the house and found mungia devi dead.3. on the basis of the fard beyan, a first information report was lodged against the appellants under sections 328, 302, 201/34 of the indian penal code. the police investigated into the case and submitted charge-sheet. all the accused persons appeared before the trial .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-16-2003
Reported in : [2004(2)JCR133(Jhr)]
..... to the decision of the supreme court in bharat coking coal limited v. madan lal agarwal, (1997)] scc 177 and the definition of mines under section 2(h) of the coal mines nationalisation act. he did not properly advert to the effect of the finding rendered by the appellate authority in paragraph 15 of his order to the effect that the ..... court in kali prasad v. bharat coking coal ltd. air 1989 sc 1530, the land in question comes within the definition of mine in sections 2(h)(iv) and 2(h)(vi)of the coal mines nationalisation act. thus, it is clear that the land in question is a part of a mine or is a mine in terms of nationalisation ..... that the land involved did not come under the purview of the premises act in spite of the extended definition of coal mine as defined under section 2(h) of the coal mines nationalisation act and since there was a substantive question of title involved, the proceeding under the premises act was not maintainable. thus, he purported to reverse the decision of the .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-16-2003
Reported in : [2005(3)JCR92(Jhr)]
..... existing and alive prior to the occurrence and both the parties were at daggers drawn. there had been a criminal case bearing g.r. case no. 210 of 1964 under section 395 of the indian penal code between ziya mandal, father of this appellant on the one hand and jagdish turi, jagannath turi, baidyanath turi and veeru turi on the other ..... the fardbeyan dated 30.9.1986 of pw 7, the informant cannot form the basis for the prosecution of the appellant in this case as it is in contravention of section 162 of the code of criminal procedure and thus the impugned judgment is unsustainable.8. it has been submitted very fairly by the learned app that there is no positive ..... of 1987/163 of 1989 by shri a.c. das, third additional sessions judge, dumka at camp jamtara whereby and whereunder the appellant was found guilty for the offence under section 376 of the indian penal code and he was convicted and sentenced to undergo ri for six years.2. the prosecution case has arisen on the basis of the fardbeyan .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-14-2003
Reported in : 2004(1)ARBLR127(Jhar); 2003(3)BLJR1971; [2003(3)JCR269(Jhr)]
..... award on all the claims except one as quoted hereinabove. the appellant challenged the said award before the court below by filing objection under section 34 of the said act. the court below after hearing the parties dismissed the said objection and refused to set aside the award.11. in addition to the original ..... contended that the claimant contractor was responsible to arrange for their own quarry and transport equipment and all other arrangements for working the quarry including approach road, explosives and detonators etc. the appellants' further case is that inspite of availability of the approved drawing there was unsatisfactory progress of work and for that a ..... i.e.(i) failure to arrange necessary fund for completion of work.(ii) failure to issue necessary drawings in right time.(iii) failure to issue explosive materials and or cement in right time.(iv) failure to complete land acquisition process and to prevent objection by erstwhile landowners and/or villagers who prevented .....
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