Judgment Search Results Home > Cases Phrase: indian coinage act 1906 section 13 coin when a legal tender Court: jharkhand Page 1 of about 1 results (0.057 seconds)

Nous Kujur Vs. Divisional Forest Officer, West Division and ors.

Court : Jharkhand

Reported in : [2005(1)JCR54(Jhr)]

..... wrongly construed his evidence to be an admission that he has admitted the possession of the government over the land and further the government has not been able to prove that pursuant to the notification under section 29 of the indian forest act, an enquiry was conducted by the forest department to take away the rights, which they have acquired in the land before notification, but no such enquiry has been made, although the same enquiry has ..... or no case has been made out that colonization society of india was authorized to make gift of the property in question because the land recorded as gairmajarua vested in the state of bihar in 1951-52 under sections 3 and 4 of the bihar land reforms act and consequently the suit land also vested and the case even if believed to be true for the sake of argument made in 1954-55 is to be seen from the point of view, whether colonization society of india ..... and as such at the time of vesting to the state of bihar, the suit land was free from all encumbrances and when notification under sections 29, 30 and 31 of the indian forest act were published, no objection was raised and the forest department remained in possession. ..... 55 in the name of forest, government of bihar as well as they have sought notification issued under sections 29, 30 and 31 of the indian forest act and, therefore, claim of the appellant-plaintiff that he has been coining in possession from 1954-55 is baseless.16. .....

Most. Dulia Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2009(1)JCR22(Jhr)]

..... recorded the finding before passing final order of confiscation that the owner of such vehicle had knowledge that his vehicle was likely tobe used for carrying forest produce in contravention of provision of the act, though in terms of the provision as contained in sub-section (5) of section 52 of the indian forest act, 1927, confiscating officer is required to arrived at that conclusion. ..... learned counsel appearing for the respondents submitted that admittedly the petitioner is not the owner of the truck as according to her version, the truck had already been sold to one tulsi sao and when she does not have any right or interest over the truck, she cannot maintain this writ application and, as such, this writ application is fit to be dismissed on this ground.10. ..... tools, arms, boats, vehicles, ropes, chains or any other article (other than the forest produce seized) shall be made if any person referred to in clause (b) of sub-section (4) proves to the satisfaction of authorized officer that any such tools, arms, boats, vehicles ropes, chains or other articles were used without his knowledge or connivance or as the case maybe, without the knowledge of connivance of ..... holding that forest offence has been committed in which truck in question was involved and hence, truck is liable to be confiscated under the provision of section 52 of the indian forest act (as amended by bihar amendment act, 1990). ..... that after the death of janki mistry, his legal heirs are owners of the said truck. .....

Dr Kaushal Kishor and Ors Vs. State of Jharkhand and Anr

Court : Jharkhand

..... 3147 of 2010), instituted under sections 323/307/498a of indian penal code and sections 3/4 of dowry prohibition act, is being sought to be quashed on the ground that the parties have compromised the case outside the court by resolving their matrimonial dispute. ..... state of haryana and another {(2003) 4 scc675, wherein it has been observed as hereinunder:- there is no doubt that the object of introducing chapter xx- a containing section 498-a in the indian penal code was to prevent torture to a woman by her husband or by relatives of her husband. ..... 3147 of 2010), instituted under sections 323/307/498a of indian penal code and under sections 3/4 of dowry prohibition act, against the petitioners, is hereby quashed. ..... it was pointed out that apart from the offence under section 498a of indian penal code, offence under section 307 of indian penal code is also there but keeping in view the nature of injury as abrasion reflecting from the injury report, no offence is made out under section 307 of indian penal code. ..... after investigation, charge-sheet was submitted under sections 323/307/498a of indian penal code and sections 3/4 of dowry prohibition act. ..... after submission of charge-sheet, when cognizance of the offences as aforesaid was taken, the accused persons were put on trial. ..... after some time, when a sum of rs. ..... subsequently, when the demand of rs. ..... 1 when came to her in laws' place, the father-in-law (petitioner no. .....

Shrenik Bhai Kasturbhai and ors. Vs. Ganpat Rai JaIn and ors.,

Court : Jharkhand

Reported in : 2004(2)BLJR1611; [2004(4)JCR1(Jhr)]

..... it was argued on behalf on anandji kalyanji trust by senior counsel that the notification under section 3(1) of the act was bad in law for the reason that the person shown as the proprietor in the notification published in the gazette, was really dead when the notification was issued; that the notification was not published as required by section 3(2) of the act in two newspapers; that such publication was mandatory and in the absence of such ..... after the land reforms act had come into force, but before any notification was issued under section 3(1) of the act, the anandji kalyanji trust entered into an agreement with the state government under section 38(1) of the indian forests act for management of parasnath hill forests, ..... therefore, the argument that the agreement could be upheld as a settlement of a disputed claim has to be rejected both on the ground that there was no legal subsisting dispute about the vesting and on the further ground that an illegal contract could not be sustained on the basis of the theory of a compromise ..... . 9 agreement under section 38(1) of the indian forest act agreeing for the management of forests described as having an extent of 12,308.48 acres, 19.23 squire miles, by ..... the forests of parasnath hill had gone into possession of the state by virtue of the agreement entered into by anandji kalyanji trust in terms of section 38(1) of the indian forests act and the forests were under the possession and control of the state government .....

M/S Tata Motors Limited Vs. State of Jharkhand and Anr

Court : Jharkhand

..... the petitioner assailing the order taking cognizance of offence as bad in law and against the settled principles, seriously contended that this petitioner tata motors limited, a company registered under the indian companies act, has not been arrayed as a party in the complaint petition rather the general manager-cum-production manager (tata safari) tata motors passengers car business unit, pune, maharashtra has ..... property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits criminal breach of trust . ..... thus, the words as well as the company appearing in the section make it absolutely unmistakably clear that when the company can be prosecuted, then only the persons mentioned in the other categories could be vicariously liable for the offence subject to the averments ..... allegation relates to manufacturing defect in tata safari and for that instead of prosecuting the company, the complainant opted to prosecute an employee whose post is not even in existence and once a legal fiction is created by the statutory provision against the company as well as person responsible for the acts of the company, no penal action can be taken against such an employee of the company. .....

Ram Swaroop Rungta Vs. The State of Jharkhand

Court : Jharkhand

..... is urged that in fact there is no legal evidence on record, to make out a prima facie case to show the complicity of the petitioner for the offences under sections 33, 41 and 42 of the indian forest act or under sections 20 and 22 of the indian forest produce act or under sections 420, 414 read with section 34 of the indian penal code. ..... in the attending facts and circumstances, there is no material on record to make out a prima facie case against the petitioner for the offences under section 420, 414 and 34 of indian penal code and sections 33, 41 and 42 of the indian forest act or under sections 20 and 22 of the forest produce act. ..... is urged that the trial court has considered the material evidence and applied its judicial mind satisfying itself that a prima facie case is made out under sections 33, 41 and 42 of the indian forest act and sections 420, 414 and 34 of indian penal code. ..... facts of the present case, it is evident that the confessional statements of co-accused lalkhu mahto before the police cannot be termed to be legal evidence making out a prima facie case, to reasonably connect the petitioner with the alleged crime. ..... counsel has argued that since the confessional statement of the co-accused before the police is not a legal evidence consequently there is no material on record to reasonably connect the petitioner with the alleged crime ..... that the court can record its satisfaction for proceeding against the accused when the materials on record make out a prima facie case. .....

State of Jharkhand Vs. Lakhan Rai

Court : Jharkhand

Reported in : 2007(1)BLJR583; 2007CriLJ2410

..... that the appellant was of unsound mind at the time of the alleged commission of the offence and in such state of unsoundness of mind he may have committed the alleged offence and, as such, he is entitled to be benefit of the exception of section 84 of the indian penal code and, therefore, the conviction and sentence passed by the trial court against the appellant cannot be sustained. ..... the main point, which has to be considered in the present, appeal is as to whether the appellant was suffering from insanity or unsoundness of mind on the date and time when the alleged offence was committed by him and as to whether he is entitled to the benefit of exception of section 84 of the indian penal code.21. ..... 60 of 2003 whereby the learned trial court convicted the appellant lakhan rai for the offence under sections 302 and 307 ipc and awarded him the death sentence for the said offence.the charge against the appellant was for committing the murder of his old lather mother, his wife, ..... no sane person would kill his own father, mother, wife and innocent children of tender age without any strong and compelling reasons. ..... (e) in reaching such a conclusion, the circumstances, which preceded, attended or followed the crime, are relevant consideration, and(f) the prosecution in discharging this burden in the face of the plea of legal insanity has merely to prove the basis fact and rely upon the normal presumption of law that everyone knows the law on the natural consequence of his act.16. .....

Manoj Kumar @ Manoj Kumar Singh Vs. State of Jharkhand Through Vigilan ...

Court : Jharkhand

..... instituted under sections 467, 468, 469, 471, 406, 409, 420, 109/120b of the indian penal code and also under sections 7, 10, 13(1)(e) of the of the prevention of corruption act (hereinafter referred to as 'the act').2. ..... files of the government department relating to disciplinary proceeding, tender, transfer and posting were found. ..... received remuneration but that was never paid from the government exchequer, rather it was being paid from the allowances given to the minister under the provision of the 'bihar ministers' salaries and allowances act, 1953' and under this circumstance, the petitioner can never be said to have received allowance/pay from the state government and as such, the petitioner being not in service of the government ..... he receives allowance/pay from the grant which is charged under the consolidated fund of the state, and hence, it was held that the m.l.a is not a public servant within the meaning of section 21 of the indian penal code and, therefore, the petitioner's case being similar to the case of the m.l.a, cannot be said to be a public servant within the meaning ..... in the context of the submission made on behalf of the petitioner one is required to take notice of the provision of the prevention of corruption act particularly section 2 (c) (i) of the act defining 'public servant' which reads as follows:2(c) 'public servant' means(i) any person in the service or pay of the government or remunerated by the government by fees or commission for the performance of .....

Suraj Narayan Pandey Vs. State of Bihar Now Jharkhand Through Cbi

Court : Jharkhand

Reported in : 2007(2)BLJR2076; 2007CriLJ3993; [2007(4)JCR474(Jhr)]

..... having heard learned counsel appearing for the parties, the first question which fell for consideration is as to whether the trial court has erred in convicting the appellant under sections 420, 468, 471 of the indian penal code, i may point it out that the court below has held that the appellant forcibly took the pay card of the complainant and withdrew the money and for ..... learned counsel further submits that though no appeal has been preferred by the cbi against that part of the judgment by which the appellant was acquitted of the charges levelled under sections 7 and 13(2) of the prevention of corruption act but as this appeal preferred by the appellant is before this court, this court may reappraise evidences which are on record and come to independent finding on the charges under which he ..... the trial court while acquitting for the charges under sections 7 and 13(2) of the prevention of corruption act, did find the appellant guilty for the charges under sections 420, 468, 471 of the indian penal code and sentenced him to undergo rigorous imprisonment for two years on each count and also sentenced him to pay a ..... illegal gratification when on demand it was tendered by the complainant ..... on behalf of he cbi that this court being a court of appeal can go to the legality of the order acquitting the appellant if grounds on which order of acquittal was made is found to be illegal or unjustified, finding of acquittal can be reverse, is concerned, it has got no legal force to stand with. .....

Tata Iron and Steel Co. Ltd. Vs. State of Bihar (Now Jharkhand) and or ...

Court : Jharkhand

Reported in : [2005(3)JCR357(Jhr)]

..... accordingly, in view of the notification dated 22nd may, 1996, issued by the ministry of coal, government of india, whereunder the central government declared that sub-section (1) of section 9 and sub-section (1) of section 16 of the 1957 act would apply to the area in relation to mining leases granted before 25th october, 1949, in respect of coal, with effect from the date of the publication of the notification in the official gazette, the lease may be ..... to the tata iron and steel company limited, they had, in fact, cleared the forest areas comprising the said land in villages duni and pundi and had also commenced mining operations thereupon, when sometime in the month of january, 1993, forest officials visited the site of the said two villages and seized trucks and dumpers belonging to tata iron and steel company limited and even arrested some ..... record, there was a good deal of correspondence between the tata iron and steel company limited and the divisional forest officer, hazaribagh, wherein formal permission was granted under the provisions of the indian forest act, 1927, for clearing of the forest lands held in the lease hold areas, including 468.62 acres comprised in villages duni and pundi. ..... of the respective parties, the fact scenario which emerges is that with regard to the lease comprised in the two villages namely, duni and pundi, the petitioner company had obtained permission under the indian forest act from the competent authorities to clear land for mining purposes. .....