Court : Jharkhand
Reported in : IV(2005)ACC356; 2005(3)BLJR2017; [2005(3)JCR366(Jhr)]
..... in respect of any case or matter relating to an offence not compoundable under any law.'7. chapter vi-a has been inserted in the said act by virtue of legal services authorities (amendment) act, 2002 which provides, inter alia, for constitution of permanent lok adalat for the purpose of pre-litigation, conciliation and settlement. by the said ..... the criminal court in non-compoundable offence is not binding on it.10. no doubt, chapter vi(a) has been inserted in the legal services authority act, 1987 by amendment act of 2002 for constitution of permanent lok adalat for the purpose of pre-litigation conciliation and settlement, but the whole object of the ..... the weaker section of the society to ensure that opportunities for security justice are not denied to any citizen by reason of economic or other disability. the amended provision of the act does not confer power to the permanent lok adalat even to entertain the disputes which is related to a criminal offence not compoundable in law.11. .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2009Jhar144
..... it was decided to have a continued requisition for a longer period by amending act from time to time. lastly, the act was amended by the act 20 of 1985 whereby all the properties which were requisitioned prior to the amendment of requisitioning act in 1970 were required to be released from requisition by 10th of march ..... (1), the central government shall release from requisition -(a) any property requisitioned or deemed to be requisitioned under this act before the commencement of requisitioning and acquisition of immovable property (amendment) act, 1970, on or before the expiry of a period of ( seventeen years ) from such commencement:5. from bare ..... property could be retained under requisition to 3 years from the commencement of the aforesaid amendment act in the case of properties requisitioned before such commencement. thus, the properties requisitioned before the commencement of the said amendment act could be retained under the requisition upto march 10, 1973. even after expiry of .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2006Jhar1; [2005(3)JCR178(Jhr)]
..... as a plaint and governed by the rules applicable to plaints.20. order viii, rule 6(a) of the code of civil procedure was introduced by amendment act of 1976 but the very purpose of introducing this new rule on the recommendation of the law commission of india was to avoid multiplicity of the proceedings ..... of possession. both the court below without considering the provisions of order viii, rule 6(a) and without following the correct procedure of law treated those amendment petitions as a counterclaim and passed a decree in favour of the defendants/respondents. not only that both the courts below have totally ignored the correct procedure ..... passed by the courts below as being illegal and wholly without jurisdiction. learned counsel firstly submitted that the courts below have committed serious illegality in treating the amendment petition as a counter-claim and allowed the said counter-claim. learned counsel submitted that the courts below have totally failed to consider the provisions of .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR601(Jhr)]
..... shall apply to documents produced for cross-examination of plaintiffs witnesses or handed to a witness merely to refresh his memory.now by virtue of the code of civil procedure (amendment) act, 2002 with effect from 1.7.2002 the following have been substituted for rule 1 of order viii 'the defendants shall, within 30 days from the date of service of ..... .1.2003.2. mr. v. shivnath, counsel for the defendants 1 and 2 petitioners herein submitted that in view of patna amendment to the provisions of order viii, rule 1, even after amendment by virtue of the code of civil procedure (amendment) act, 2002, which has come into force with effect from 1,7.2002, the trial court could have granted further time for .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2006Jhar8; 2005(1)BLJR722
..... ninety days from the date of service of summons.'6. by the code of civil procedure (amendment) act, 1999 the time limit of thirty days was fixed for the defendant for filing written statement. by the code of civil procedure (amendment) act, 2002 the defendant may be allowed to file written statement on such other date as may be ..... granted by the court for the doing of any act prescribed by the code. the present amendment put a limit of thirty days on the enlargement of such period. the words 'not exceeding thirty days in total' have been inserted with ..... enlarge such period, [not exceeding thirty days in total,] even though the period originally fixed or granted may have expired.'8. the aforesaid section has also been amended and limitation for extending the time not exceeding thirty days in all has been prescribed. previously discretion was given to the court to enlarge the period fixed or .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR2182
..... aforesaid amendment was to take effect from 1.4.1989. we are not in agreement with the aforesaid ..... in terms of section 143(1) of the act, we are concerned only with sub-section (2) of section 151 of the act.6. it is worth noticing that section 151 of the act was amended by the direct tax laws (amendment) act, 1987. this amendment was to take effect from 1.4.1989. prior to its amendment, section 151 stood as under :'151(1). ..... the proceedings initiated as based on the notice issued under section 148 of the act are invalid because the law applicable to the case of the petitioner is under section 151(1) of the act as it stood prior to its amendment by the direct tax laws (amendment) act, 1987 because the assessment year involved is 1988-89 and further because the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(3)JCR527(Jhr)]
..... the appeal has to be considered by us. 9. section 100a was inserted in the code of civil procedure by section 38 of the code of civil procedure amendment act, act 104 of 1976. the said section as inserted then read as follows : 'no further appeal in certain cases.--notwithstanding anything contained in any letters patent for ..... but when such substitution introduces a further restriction on a vested right like the right of appeal, the substitution cannot be understood to be retrospective, unless the amending act or the act making the substitution, compels a conclusion that the substitution is retrospective. as observed by the supreme court in bhagat ram sharma v. union of india, air ..... section 100a of the code, restricting the right of a further appeal from a second appellate decree and took the view that there was nothing in the amending act, which destroyed the right that a suitor had of appealing against the decision of a single judge, either under clause 10 of the letters patent or under .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(2)JCR555b(Jhr)]
..... the deputy commissioner. palamau. there is nothing on the record to show that lesliganj is a scheduled area section 71-a was inserted by amendment in the year 1969 in the said act which authorizes possession to be recovered in three eventualities i.e. firstly where the transfer has taken place in contravention of section 46, secondly ..... citizen who are not in a position to keep their property to themselves in the absence of protection. hence by the amendment sub-section (3-a) has been inserted under section 46 of the said act whereby deputy commissioner has been declared a necessary party in such a suit. the deputy commissioner in this case had filed ..... where transfer has taken place contravention of any other provisions of the act; and thirdly where transfer has been by any fraudulent method including decree obtained in suit by fraud and collusion. only members of scheduled tribes are competent to .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2006Jhar113; [2006(3)JCR404(Jhr)]
..... and set aside the order passed by the permanent lok adalat. hence this appeal.3. chapter vi of act, 1987 deals with 'lok adalat'. on the other hand, chapter vi a inserted by legal services authority (amendment) act, 2002 deals with 'permanent lok adalat'. section 19 relates to 'organisation of lok adalats' and section 20 ..... be specified by the state authorities by means of a notification. provision of 'permanent lok adalats' has been made notwithstanding anything contained in section 19 of the act, 1987, which deals with lok adalats.'permanent lok adalats' can determine matter relating to 'public utility service' as defined under section 22a, which includes insurance ..... or settlement between the parties; if no compromise or settlement could be arrived at, no order can be passed by 'lok adalat'.chapter vi a of act, 1987 which deals with 'pre-litigation conciliation and settlement', provides for establishment of 'permanent lok adalats' at such places and for exercising such jurisdiction in .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1259; [2007(3)JCR496(Jhr)]
..... the three articles, namely, 48, 48a and 51a(g) as contained in directive principles, which had been introduced in the body of the constitution by virtue of 42nd amendment act, 1976, with effect from 3.1.1977. their lordships have discussed that when the earlier case : [1959]1scr629 was decided by the supreme court, these relevant articles ..... were not in the body of the constitution as it was introduced by virtue of subsequent amendment.12. in view of the specific ratio decided by the 7 judges bench holding that the decision rendered by the 5 judges bench requires reconsideration in the light ..... than consuming the beef thereof. the said judgment does not apply to the state of jharkhand especially when the supreme court held in the said decision that amendment of the constitution should also be made for empowering the parliament to make a central law for the prohibition of slaughter of cow and its progeny and unless .....
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