Court : Jharkhand
Reported in : [2007(3)JCR52(Jhr)]
..... mast ram modi, from his heirs by virtue of registered deed of sale dated 20.9.1990. the said sale deed has also been challenged by the plaintiff by filing amendment petition.5. the defendant-appellant's case, on the other hand, is that the plaintiff has no valid right, title and interest over the suit property. according to the defendant ..... the suit maintainable as framed?(ii) whether the suit is barred by law of limitation and adverse possession?(iii) whether the suit is barred under the provision of specific relief act?(iv) whether the suit is bad for non-joinder of said mast ram modi; land his legal heir who are necessary party in this suit?(v) whether the suit is .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(4)JCR298(Jhr)]
..... ground that earlier ad interim order of attachment had never been challenged and hence the present appeal is not maintainable on the ground that under the provisions of criminal law (amendment) ordinance, 1944, right of appeal is available under section 11 of the ordinance. as per the said provision, the appeal can be filed under section 4 or 6 or against ..... dated 20.1.2000, by which the ad interim order of attachment passed under section 4 of the criminal law (amendment) ordinance, 1944, was made absolute, purportedly under order 21 rule 106, cpc read with section 5(2) of the criminal law (amendment) ordinance, 1944. even though misc. case no. 41/97 was filed by the state of bihar through c.b .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(3)JCR552(Jhr)]
..... pending, that did not in any way stand in the way of the employer to initiate another departmental proceeding and that too on the basis of an amended provision which came into effect after initiation of the previous departmental proceeding.11. there is no dispute that the employer is entitled to initiate two departmental proceedings ..... writ petition on the ground that when the authorities have round it inconvenient to establish the earlier charges and therefore have bypassed them and taken resort to the amended rule 30(a) with mala fide intent. the matter ultimately went to the supreme court. the supreme court held that the employer is free to proceed ..... to initiated a fresh departmental proceeding. learned counsel relied upon the decision of the supreme court in the case of indian drugs & pharmaceuticals ltd. and anr. v. r.k. shewaramani : (2005)iiillj734sc .10. in the case of indian drugs and pharmaceuticals (supra) the fact was quite different from the fact of the instant case. in the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(4)JCR513(Jhr)]
..... made under article 309 of the constitution of india.(c) the clause (3) of the said circular issued in the year 1953 would clearly state that the proposal for amendment of police manual/rules will be sent to the government for approval in due course. however, there is no document available to indicate that the said proposal was sent to ..... keep them up to the mark.15. the appointment of steno sub-inspector/assistant sub-inspector and typist assistant sub-inspector shall be done by deputy inspector general under police act. they shall wear police uniform but shall not use any of the powers of police so long as they work as stenographers and typist.22. learned counsel for the ..... these two cadres. even then the impugned memo has been issued on 22.9.2003 without getting any approval of the cabinet as required under section 12 of the police act.(iv) the judgment rendered by the division bench in cwjc no.6371/1990, which has been followed in cwjc nos. 11211/2003 and 11667/2003, were not correctly .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(4)JCR129(Jhr)]
..... in which the police, after conclusion of investigation, submitted charge sheet against the driver of the truck for the offence punishable under sections 279 and 304a of the indian penal code.3. the appellant, being the insurer of the truck, contested the claim by filing written statement. although the insurance of the vehicle has not been ..... counsel appearing on behalf of the owner of the vehicle drew our attention to section 10 of the act and submitted that in sub-section (2) of section 10 'transport vehicle' has been added by virtue of amendment made in the act in 1994. in that view of the matter, there was no question of making entry in the ..... however, the driving licence was for driving light motor vehicle and there is no endorsement to drive transport or commercial vehicle.8. section 2(14) of the motor vehicles act (the act) defines the words 'goods carriage' which reads as under(14) 'goods carriage' means any motor vehicle constructed or adapted for use solely for the carriage of goods .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(4)JCR158(Jhr)]
..... the pendency of the proceeding before the trial court, a petition was filed by the plaintiff under order 6 rule 17 section 151 c.p.c. seeking certain amendments in the plaint to include her prayer for a direction to the defendant to execute and register the sale deed filed by the plaintiff after receiving the consideration ..... other relief or relief(s)' does not mean that in absence of specific prayer for specific performance and overriding the statutory provision under section 34 of the specific relief act, the suit should he decreed by allowing relief for specific performance.16. for the reasons discussed above, i do not find any merit in this appeal. accordingly, ..... the defendant?9. on the issue relating to limitation, learned counsel for the appellant has tried to explain that in the instant case, article 54 of the limitation act would apply wherein the period of limitation is three years in respect of the suit for specific performance of the contract, but the period has to be reckoned .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR138(Jhr)]
..... been negatived by the learned court below as it was barred by law of limitation in view of the fact that the said alternative relief was sought by way of amendment dated 5.1.1979. viewed thus there is no illegality in the impugned judgment.11. in view of the pleadings of the parties and the evidence on the record ..... removed or fixed.clause (xiii).--the hirers shall during the continuance of the hiring keep the said plant in good order and condition, reasonable wear and tear, damages by acts of god and other irresistible force are being excepted. the hirers shall not without consent in writing of the owner make any addition or alteration to the said plant. ..... an agent and constituted attorney of some of the defendants-respondent and in the absence of a contract to the contrary an agent cannot be made liable for the acts of principal and as such the plaintiff appellant has no cause of action against the defendants-respondent. it is alleged that the plant as supplied by the plaintiff-appellant .....
Tag this Judgment!Court : Jharkhand
Reported in : [2009(2)JCR479(Jhr)]
..... that it is a forged document and he knowingly produced the same and as such his conviction is proper under section 471 of the indian penal code.6. after hearing both the parties and going through the evidences on record, i find that the main witness is that ..... the basis of the said fir by the judicial magistrate the case under section 419/420/464, 468/471/120-b of the indian penal code was initiated.4. it is also further submitted that during trial the prosecution has examined 8 witnesses and pw 4 the ..... which he is presenting before the police was a forged document and as such the finding of conviction under section 471 of the indian penal code is bad in law and fit to be set aside.3. it is further submitted by the learned counsel for the ..... t.r. no. 1457 of 2007 by which judgment he found the petitioner, balram mandal guilty under sections 466/468/471 of the indian penal code and sentenced him to undergo s.i. for 2 years under all the three sections. however, all the sentences were directed .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(3)JCR71(Jhr)]
..... tiwari, j.1. the petitioner apprehending his arrest in connection with the case registered under sections 498-a, 323, 406 and 34 of the indian penal code and sections 3 and 4 of the dowry prohibition act has prayed for grant of anticipatory bail.2. it has been stated that the petitioner is the husband of the complainant. according to the petitioner ..... on behalf of the complainant, on the other hand, submitted that the allegations made in the complaint go to constitute a prima facie case, under section 498-a of the indian penal code, against the petitioner. the petitioner since after the code of marriage has been torturing the complainant. she was not provided proper food and clothing. she was also tortured .....
Tag this Judgment!Court : Jharkhand
Reported in : [2009(2)JCR452(Jhr)]
..... stated in the advertisement.the advertisement had also declared that in pursuance to the rule contained in section 57(2)(b) of the jharkhand state universities act, 2000 (amended upto date), the selection is to be made only on the basis of interview/ viva-voce test.before starting the interview, a joint meeting, headed ..... qualifications required for the appointment of lecturer and the career advancement of teachers and lecturers in universities and institutions affiliated to it) regulations, 2000, together with the amended regulations of 2002 and of 2006.13. from the above, it appears that the j.p.s.c. on being called upon to make the selection ..... and 60 marks for academic qualifications and failure to attach marks for academic qualifications including the ph d. degrees, the respondents-j.p.s.c. has acted arbitrarily and by way of discrimination, has deprived the members of the petitioner-association from their opportunity of appointment to the posts of lecturers. the petitioner .....
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