Court : Jharkhand
Reported in : [2002(95)FLR648]
..... illegally without following the rules of natural justice. no chargesheet was issued, nor any enquiry was conducted and order of termination was issued in violation of section 25f of the i.d. act. he had worked in the corporation continuously for more than a year (about 14 months) but he was not paid any notice pay or the ..... corporation is a government of india undertaking and its works are carried on by and under the authority of the central government and is fully under control and financed by the central government. its working is under administrative control of the department of heavy industry, ministry of industry, government of india, new delhi. the corporation ..... office of site manager, ranchi.it was also not disputed that the service of writ petitioner-workman was terminated without notice pay and compensation as per section 25f of the i.d. act.5. the learned presiding officer, industrial tribunal, ranchi by impugned award dated 8th october, 1999 in reference case no. 11/94 held that .....
Tag this Judgment!Court : Jharkhand
Reported in : 2003CriLJ617
..... is not disputed that the searchof the business premises of the brother ofo.p. no. 2 and seizure made from the saidshop by the petitioners under section 33 ofthe bihar finance act lay within the scopeof the official duty of the petitioners as commercial taxes officers and even if some accesses as alleged and complained of were allegedly committed ..... of the business premises of shyam bhandar was conducted as per the provisions section 49(3) of the bihar finance act and after prior compliance of the provisions contained under section 33(1) of the said act and in view of the provision of section 33 of bihar finance act it is not incumbent upon the petitioners to have search warrant for making ..... due to grudge and animosity to counter blast the cases bearing bermo (phusro) p.s. case no. 18 of 1997 and cases under sections 49(3)(a) and 49(3) (d) of the bihar finance act filed by the petitioners against o.p. no. 2 and his brother. it has also been submitted that jai prakash keshri aforesaid filed .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2003Jhar44
..... received or could have been opened to sell the unit in question. it is the right of the bsfc to take harsh step to sell any unit under section 29 of the state finance corporation act, 1951, but the owner of the unit, such as, the petitioner, has also the right to know the cost on which it is being sold ..... be upheld, being arbitrary unreasonable, colourable exercise of power and having no nexus with the object to recover maximum amount of the dues by taking action under section 29 of the state financial act, 1951.9. in this background, if the learned single judge has deprecated the sale, made in the year, 1998 ie. after about three years of advertisement ..... stipulation was made in case of non-receipt of tender or in case the tender is not accepted but that will not absolve the bsfc from acting reasonably nor on that ground, the bsfc can act arbitrarily. if a date and time was fixed for submission of tender in the notice, published in newspaper 'hindustan times, patna' dated 14th december, .....
Tag this Judgment!Court : Jharkhand
Reported in : [2002(95)FLR1205]; (2003)ILLJ801Jhar
..... 29 of the state finance act, 1951 from which the subsequent transferee purchased the company. in the case of vittaldas v. r.p.f. commr., reported in air 1965 madras 508, the madras high court dealt with meaning of an 'establishment' as mentioned in section 16(1) of the act, 1952. it held that the act applies to factories ..... not cleared. the workmen, thus, continued in the roll of establishment in absence of order of termination/retrenchment. the bsfc, patna being financer of the establishment, took step under section 29 of sfc's act. 1951. the appellant being the successful bidder of the mortgaged assets of the establishment, the establishment was handed over to appellant. m/s ..... factory had to be closed and the company abandoned the factory in and around in the year 1987. the bsfc, thereafter, took action under section 29 of the state finance corporation act, 1951 (skc's act, 1951 for short) and took over possession of the entire unit. subsequently, bsfc came out with an advertisement as per .....
Tag this Judgment!Court : Jharkhand
Reported in : I(2003)BC336; 2002(50)BLJR1879
..... . 2 contended before me that there is no illegality in the order impugned as the learned court below after finding prima facie case took cognizance for the offence under section 420, ipc and the allegation as made clearly constitute the offence. it is further argued that actually the petitioner had committed cheating and actually against rs. six lakhs ..... disbursed to the complainant which will also be apparent from the ledger of the central bank of india, annexure-4. it is further submitted that m/s trade well finance limited presented the cheques in the bank but the same was dishonoured and for which complaint case no. 83/2000 was already filed and the present complaint case has ..... dated 17.5.2001, whereby the learned judicial magistrate took cognizance for the offence under section 420, ipc in connection with c/1 case no. 1097 of 2000.2. it is alleged that in october, 1996, the informant took loan from m/s. trade well finance limited to the tune of rs. 1,50,000/- for which some papers and .....
Tag this Judgment!Court : Jharkhand
Reported in : III(2004)BC24
..... -unit to be held on 16.3.1994. again on 3.7.1995 the corporation published tender notice for sale of mortgaged assets of its assisted units under section 29 of the state finance corporation act, 1951 including the petitioner unit at sl. no. 41 in 'hindustan times' an english daily published from patna which was to be opened in the corporation head .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(1)JCR418(Jhr)]
..... the groupinsurance amount sanctioned on 10th september, 2002, immediately.12. the petitioner will produce a copy each of this order to the chief secretary, secretary, law department, cabinet secretary, and finance commissioner, all the officers of the government of jharkhand, as also on the registrar general, jharkhand high court, ranchi and the ag bihar and jharkhand to ensure compliance.13. in ..... receive at least the same scale as provided to the corresponding employees of the patna high court.9. in the facts and circumstances, the state of jharkhand is directed to act on the recommendation made by the jharkhand high court on 5th july, 2002 and issue notification granting the revised scale of rs. 14,300-400-18,300/- to the joint .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(96)FLR1028]; [2003(1)JCR267(Jhr)]; (2003)ILLJ877Jhar
..... payment of less than the minimum rates of wages, he may apply to the authority for a direction in accordance with law under the provisions of that act. section 20 of the said act reads as under :'20. claims.--(1) the appropriate government may, by notification in the official gazette, appoint any commissioner for workmen's compensation or any ..... the claimant which shall be adjusted subsequently with the decreed amount.'8. now coming back to the first submission made by mr. das that sub-section (5-a) of section 20 of the said act is ultra vires, i am of the opinion, that the submis- sion made by the counsel is devoid of any substance. the state ..... amount the appeal shall not be admitted.2. it appear that on the application filed by the labour superintendent and labour inspector under section 20(2) of the minimum wages act (in short the said act) complaining less payment of minimum wages by the petitioners who are the employers, proceedings were initiated by the sub-divisional officer-cum- .....
Tag this Judgment!Court : Jharkhand
Reported in : I(2003)BC484
..... by the sub-divisional judicial magistrate, jamshedpur, c/1 case no. 829 of 2001 whereby the learned magistrate took cognizance of the offence under section 138 of the negotiable instruments act, 1881 (the act) and also for quashing of all further criminal proceedings in the aforesaid case.2. the case of the prosecution in brief is that opposite ..... was paid rs. 40,000/- and, accordingly, a cheque of rs. 40,000/- bearing cheque no. '481903' '226015005' of the canara bank, hi-tech. agricultural finance branch, lucknow dated 20.4.2001 was issued by the petitioner to the complainant. the complainant informed the accused/petitioner regarding the dishonouring of the cheque after some time. the ..... the bank return memo was issued on 18.6.2001 and thereafter again notice was issued on 29.6.2001, as required under clause (b) of section 138 of the act and, as such, the petition is fit to be dismissed.5. mrs. anubha rawat choudhary, learned counsel appearing on behalf of the petitioner submitted that .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR115(Jhr)]
..... agent or servant of the society; or (d) between the society and any other registered society; [or] (e) between a financing bank authorized under the provisions of subsection (1) of section 16 and a person who is not a member of a registered society; such dispute shall be referred to the registrar; provided that ..... annexure 3, whereafter the petitioner moved the joint registrar but met with failure there also on the ground that his application was not maintainable under section 48 of the cooperative societies act, 1935. 7. a preliminary objection was raised on behalf of the respondent by mr. rajeev ranjan, learned counsel for the respondents, who ..... society subject to control of the chairman/committee of management. (v) entering into correspondence with the members and outside agencies on behalf of the society. (vi) acting as custodian of the assets of the society. (vii) signing of the cheques and receipts as authorized. (viii) defraying contingent expenditure, as per delegation. bokaro steel .....
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