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)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 : 2009(57)BLJR1742; [2009(2)JCR341(Jhr)]
..... to qualify and become eligible and to be included in the panel. the subsequent prescription of 60% in the aggregate, after the entire process is completed, will certainly amount to amendment of the terms and conditions of the eligibility criteria as advertised. neither any reason has been assigned nor any averment has been made in the counter affidavit as to under .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(1)JCR1(Jhr)]
..... under:(i) hazaribagh - 37138(ii) giridih - 32669(iii) koderma - 09620(iv) chatra - 116987. as per the report submitted, irregularities of various natures like amendment in height, overwriting in height, amendment in educational qualifications, amendment in date of birth and interpolation of home guard/sports certificates etc. were found in respect to 932 candidates in the four districts in the following ..... lour candidates were not permitted by the authorities to participate even in the fresh selection. it is accordingly contended on behalf of the petitioners that the authorities have acted arbitrarily and these petitioners are being excluded even from participating in fresh selection.10. these cases were referred to the division bench in view of the judgment of ..... permod kohli, j.1. these four petitions were referred to division bench by the then acting chief justice vide order dated 19.6.2006 in view of the judgment of the apex court in union of india v. rajesh p.u., puthuvalnikathu and anr .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(1)JCR330(Jhr)]
..... evident that the defendant has not complained any serious prejudice to his defence or withdrawal of any admission made by him. it appears from the petition for amendment that amendments are intended to supply specific particulars based on the earlier averments made in the plaint and nothing new has been sought to be added so as to change ..... and 4 are represented through the government counsel.5. a counter affidavit has been filed on behalf of the respondents, in which it has been stated that the amendment would go to change the nature of the suit, because of certain additions of new words, which was not on the record.6. it has further been ..... the nature and character of the suit. learned court below has refused the plaintiffs prayer without considering that the amendment should be generally allowed, unless the amendment comes within certain exceptions, such as withdrawal of any right accrued to the defendant or withdrawal of admission or go to change the nature .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(1)JCR110(Jhr)]
..... judicial commissioner, ranchi, whereby the ad interim order of attachment dated 30.8.1996 was made absolute under the provisions laid down under section 5(3) of the criminal law (amendment) ordinance, 1944. cr. appeal no. 310/2001 arises out of the consequential order appointing receiver on 12.6.2001.2. the short facts leading to filing of this appeal are .....
Tag this Judgment!Court : Jharkhand
Reported in : III(2002)ACC594
..... . where the claimant feels that he is entitled to more compensation than that claimed in the petition, it is always open to him to amend the claim petition and the tribunal should allow amendment if the same is in consonance with equity, justice and good conscience.5. in another case, the new india assurance co. ltd. v ..... unreasonable, unequitable, not just. thus, this field of wider discretion of the tribunal has to be within the said limitations and the limitations under any provisions of this act or any other provisions having force of law....8. from the aforesaid decision, it is evident that the word 'just' denotes equitability, fairness and reasonableness, which is ..... to recover damages from the party, who caused the injury or the death. this entitles the party to recover damages, whenever death is occasioned by the wrongful act, negligence or default, which would have entitled to party injured (if death had not resulted) to maintain an action to recover damages in respect thereof. this .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(2)JCR172(Jhr)]
..... for declaration of right, title and possession in respect of a property was not maintainable without impleading the deputy commissioner, who is a necessary party in view of the amendment brought in order i rule 3 of the code of civil procedure by bihar regulation, i of 1969. learned counsel submitted that though the said point was not raised ..... when deni singh died. the said defendant no. 2 sold the suit land to the defendant no. 1 after obtaining permission under section 46 of the chota nagpur tenancy act and on receipt of consideration amount by virtue of registered sale deed dated 13.01.1984 (exhibit 'a') and 06.02.1984 (exhibit a/1). it has been ..... payment of a single farthing, purportedly transferring the suit land. the defendant no. 1 had also fraudulently managed to obtain permission under section 46 of the chota nagpur tenancy act.3. the defendant no. 1 contested the suit. his case was that deni singh married thrice. his first marriage was with tileya devi and out of the said wedlock .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(4)JCR725(Jhr)]
..... for release of the lands and in the alternative, to pay compensation at the rate of rs. 30,000/- per kattha of the land. in the subsequent amendment in the reference proceeding, the rate claimed was recalculated and mentioned at rs. 73,150/- per kattha. however, the lands were not released from acquisition and notification ..... praying for reference of the dispute raised by way of applicants objection against the assessed amount of compensation, to the district judge, hazaribagh under section 18 of the act. the deputy commissioner, hazaribagh while refusing to make any reference of the dispute disposed of the petition on 5.4.1991 directing the applicant to file a petition ..... be the damage bona fide resulting from the diminution of the profits of the lands between the time of publication of the notification under section 6 of the act and the time of collector taking possession of the land.11. both parties have adduced their respective evidences to suggest the market value of the acquired lands. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008ACJ2833; [2008(1)JCR517(Jhr)]
..... to a certain limit. this would clearly indicate that the scheme is in alternative to the determination of compensation on fault basis under the act. the object underlining the said amendment is to pay compensation without there being any long-drawn litigation on a predetermined formula, which is known as structured-formula basis which itself ..... central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the second schedule.9. sections 163a and 163b of the m.v. act were inserted by act 54 of 1994 with effect from 14th november, 1994. from bare reading of the aforesaid provisions, it is manifestly ..... concerned. sub-section (3) of section 163a confers power on the central government to amend the second schedule time to time keeping in view the cost of living by issuing notification in the official gazette. section 163b of the act gives option to a person entitled to claim compensation, either to claim compensation under section .....
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