Court : Jharkhand
..... which the order has been contravened shall be forfeited to the government. (c) any package, covering or receptacle in which the property is found and any animal, vehicle, vessel or other conveyance used in carrying the property shall, if the court so orders, be forfeited to the government.] [(2) if any person to whom a direction is ..... of transportation including related to lpg supply.18. for better appreciation of the facts and questions of law involved in this case, it is section 3 of the essential commodities act, 1955 which reads as under and which is taken note of :- 3. power to control production, supply, distribution, etc. of essential commodities :- (1) if the ..... section 5 of the explosive substances act, pending in the court of learned acjm, bermo at tenughat.2. on the basis of the prayer made vide order dated 24.04.2009 to the extent that the counsel for the petitioner proposed to file amendment application making prayer for quashing of the order taking cognizance also. the matter .....
Tag this Judgment!Court : Jharkhand
..... of uttar pradesh and others [(2010) 10 scc282. before coming to the issue involved in this case, one may conveniently look to the provisions of the land acquisition (amendment) act, 1984. section 4(1) lays down that whenever it appears to the appropriate government that land in any locality is needed or is likely to be needed for any public ..... taken by the petitioner and others went in vain as the respondent no.3 issued a notification under section 4 read with section 17(4) of the land acquisition (amendment) act, 1984 on 2.6.2011 which was published in the gazette on 4.6.2011 for acquisition of 14.43 acres of land situated at garke, thana no.335 ..... of 2011 whereby and whereunder writ petition challenging notification dated 2.6.2011/ 4.6.2011 issued under section 4 read with section 17(4) of the land acquisition (amendment) act, 1984 for acquisition of the part of the land belonging to the petitioner for construction of ranchi ring road was dismissed. 2 the case of the petitioner is that .....
Tag this Judgment!Court : Jharkhand
..... exclusively through the issue of an addendum pursuant to clause 10 and not through the minutes of the pre-bid meeting.16. clause 10 deals with amendment of bidding documents and it clarifies that before the deadline for submission of bids, the employer may modify the bidding documents by issuing addenda. whether the ..... with by an appropriate order in judicial review proceedings where the court concludes that the decision is such that no authority properly directing itself on the relevant law and acting reasonably could have reached it. (associated provincial , per lord greene, m.r.) picture houses ltd. v. wednesbury corpn 81. two other facets of irrationality may ..... reported in (2000) 2 scc617 it was held as follows:- 7. the law relating to award of a contract by the state, its corporations and bodies acting as instrumentalities and agencies of the government has been settled by the decision of this court in ramana , fertilizer dayaram shetty v. international airport authority of india corpn .....
Tag this Judgment!Court : Jharkhand
..... matter has been finally decided, the appellant, reason best known to her, has not brought on record through i.a. the order of suspension by making prayer for amendment and for incorporating the suspension order. (vi) there is dispute about appellant with regard to joining new assignment at daltonganj and stayed at daltonganj, as this fact ..... reposting during suspension order. (viii) further the case of the appellant / applicant is in terms of provisions of section 8 and 9 of the jharkhand education tribunal act, an interlocutory application was filed on 31.01.2013 with a prayer for the issuance appropriate order / direction upon the respondent to start paying the subsistence allowance to ..... counsel for the parties.3. sole appellant has preferred this a.c. (s.b.) no. 10 of 2014, which was filed under section 16 of the jharkhand education tribunal act, 2005, being aggrieved by the order dated 21.05.2014 passed by hon'ble mr. justice (retd.) s.k. chattopadhyaya & hon'ble mr. a.c. ranjan, .....
Tag this Judgment!Court : Jharkhand
..... thereupon or the date of expiry of the maximum period allowed for first renewal, whichever is earliest. however, amended rule provided that this shall not apply to renewal under sub section (3) of section 8 of the mmdr act, 1957. further amendments were brought in rule 9 of the said rules. the state government through its letter dated 20.08.2014 ..... is bound by the judgment rendered by the apex court in the case of goa foundation and the amendment made to rule 24(a)(6) of the mmdr act by the government of india in july,2014. by virtue of the judgment and the amendment made, any mining after expiry of the lease of the petitioner on 31st december,2011 became illegal ..... in view of the specific provisions of section 4 of the mmdr act. the state government has thereafter to form an opinion before any express order is to .....
Tag this Judgment!Court : Jharkhand
..... before the certificate court. it has also been submitted that the petitioner undertakes to adhere to the provisions of sections 8 and 9 of the act and in such circumstances on allowing the amendment application the further proceedings of certificate case be stayed. learned counsel for the respondent nos. 1 to 4 -mr. ajit kumar, has ..... on account of energy dues and other allied dues. on initiation of the certificate proceeding and after issuance of notice under section 7 of the act, the petitioner has filed the instant application seeking amendment in order to challenge the letter no. 07 dated 19.02.2015 issued by the certificate officer (electrical & revenue) i.d. karandih, ..... made out in the plaint. the court always gives leave to amend the pleadings of a party unless it is satisfied that the party applying was acting mala fide. there is a plethora of precedents pertaining to the grant or refusal of permission for amendment of pleadings. the various decisions rendered by this court and the .....
Tag this Judgment!Court : Jharkhand
..... was misplaced because the question arose in that case as to whether the words any person shall include a gratuitous passenger, in view of the amendment made in section 147 of the act under the motor vehicles(amendment) act, 1994.7. from the facts of the case in hand it is evident that in their written statement o.p.nos.1 and 3, ..... . the surveyor's report that the truck was a goods carier vehicle has not been controverted. the tribunal should have appreciated that in section 147 of the motor vehicle act the use of word any person covers the owner of the goods or his authorised representative and the third party and not any person travelling as a gratuitous passenger in ..... on the appellant/insurance company to prove that there was breach of terms and conditions of the insurance policy in terms of section 149(i)(a) of the motor vehicles act. it is argued that the statement of the witnesses are to be primarily considered and not the pleadings because the driver is a layman and he was not aware .....
Tag this Judgment!Court : Jharkhand
..... by an express agreement in writing. (emphasis supplied) (x) the aforesaid section 12(5) is to be read with the seventh schedule to the act of 1996 as inserted by amendment act of 2015. clause 1 of the seventh schedule reads as under: - the seventh schedule [see section 12(5)] arbitrator's relationship with the ..... the respondents cannot appoint arbitrator after the application has been preferred by the petitioner under section 11(6) of the act of 1996. (ix) moreover, looking to the amendment in section 12 of the act of 1996 by arbitration and conciliation (amendment) act, 2015, sub clause (5) of section 12 has been inserted. the said clause reads as under: - ..... , the respondents- state cannot appoint arbitrator. counsel for the petitioner has also relied upon the amendment made in section 12(5) of the act of 1996 to be read with seventh schedule thereof. as per this newly amended provision, a person, who is an employee, consultant, advisor or any other past or present business relationship .....
Tag this Judgment!Court : Jharkhand
..... court by both the parties to a marriage together, whether such marraige was solemnised before or after the commencement of the marriage laws (amendment) act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that ..... between the parties on 16.5.2007, which is before the expiry of the period of six months from the date of the amendment made in the 5 petition, on which date, the case was admitted. the lower court record also shows that on 10.11 ..... the lower court record. the record shows that the petition under section 13-b of the act was filed by the parties on 10.11.2006. there was some amendment in the date of marriage and the suit was admitted on 30.11.2006 and it was ..... submitted that even these provisions were never complied with by the family court while allowing the petition filed under section 13-b of the act.7. learned counsel has placed reliance upon a decision of the division bench of this court in smt. hina singh vs. satya kumar .....
Tag this Judgment!Court : Jharkhand
..... whereby and whereunder the tendered work in question of the above referred nit has been sought to be awarded in favour of the respondent no.8.3. an amendment application in i.a. no. 5185 of 2015 was preferred by the petitioner which was allowed on 09.09.2015 by this court and which is also included ..... to favour someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say: the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached ; (ii) whether public interest is affected. if the answers are in the negative, there should be no ..... missed the issue. the question for consideration was not whether the td passbook pledged by the fifth respondent is genuine or not. the question for consideration was whether the committee acted arbitrarily or irrationally in rejecting the said td passbook. 24. in the case of ashoka smokeless coal india (p) ltd. & others vs. union of india & others .....
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