Court : Jharkhand
Reported in : 2001CriLJ4336; II(2001)DMC540
..... and it was not a case of suicide.accordingly, first information report was lodged under section 304b of the indian penal code and section 3/4 of the dowry prohibition act. the investigation started and after completion of investigation, charge sheet was submitted against the accused persons.3. the appellants appeared in the court below. charge for the ..... offences under sections 304b/34, 498a/34 of the indian penal code and section 4 of the dowry prohibition act read with section 34 of the indian penal code was framed against the appellants to which they pleaded not guilty. witnesses were examined. after having heard from both ..... is homicidal death those of section 306, i.p.c. are suicidal death and abetment thereof.14. equally in the case of shamnsaheb m. multtani v. state of karnataka, air 2001 sc 921 : 2001 cri lj 1075, it was observed to this extent that the charge was framed against the accused for the offences under sections 302, .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(3)JCR50(Jhr)]
..... 983. the respondents not having complied with the aforementioned principles of natural justice, therefore, must be held to have acted illegally and without jurisdiction. lastly, mr. bhowmik referred to the case of h.f. sangati v. registrar general, high court to karnataka and others reported in (2001) 3 scc 117 in support of his contention that affording an opportunity or holding a ..... . this court again respectfully rejects the contention of mr. bhowmik inasmuch as the aforementioned pronouncement is in relation to a case of discharge of probationary munsif in the karnataka judicial service guided by the karnataka civil services (probation) rules 1977. in the instant case, the petitioner is guided by the regulations quoted above which clearly provides at clause 12.1 thereto the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(2)JCR274(Jhr)]
..... act, 1992 was under consideration before the karnataka high court. section 5 of that act empowers the government to issue directions notwithstanding anything contained in any ..... institution or to hold examination unless the institution obtained recognition in accordance with the provisions of section 14 of the act.10. in the case of 'amrith educational and cultural society, bangalore and anr. v. state of karnataka and anr., air 1997 karnataka 44, the provision of section 5 of the karnataka prohibition of admission of students to the un-recognized and unaffiliated educational institutions .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2006Jhar124; [2004(4)JCR603(Jhr)]
..... of the applicant-respondent on 15.3.2004, which is to the effect that the opposite party-appellant was found guilty for the offence under section 4 of the dowry prohibition act, 1961 by the court of shri s.n. gupta, additional sessions judge, delhi and he was convicted and sentenced to undergo rigorous imprisonment for six months and to pay a fine ..... an interference therein. in support of his contention reliance has been placed upon the ratio of the cases of a.v. venkatakrishnaiah and anr. v. s.a. sathyakumar, air 1978 karnataka 220, bimla devi v. subhas chandra yadav 'nirala', 1991 (1) pljr 187, mrs. elizabeth dinshaw v. arvind m. dinshaw and anr., (1987) 1 scc 42 and kirtikumar maheshankar joshi v ..... child had re-solemnized his marriage and a son was also born to him from his subsequently married wife. in the facts of the said case, the division bench of karnataka high court has thus observed :-'where the minor is subject to the hindu laws. section 13 of the hindu minority and guardianship .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(3)JCR579(Jhr)]
..... the trial court on 19.11.2003 barring the defendants from filing a written statement, which they have not sought to get reviewed or recalled. i also find that the karnataka high court on a consideration of the relevant aspects has held that at best the court can extend the time for filing a written statement only by a period of .....
Tag this Judgment!Court : Jharkhand
Reported in : 2005(2)BLJR1059; [2005(2)JCR293(Jhr)]
..... teachers education college (control and regulation) ordinance, 1980 (bihar ordinance 40, 1980)' followed by 'non-government primary teachers education college (control and regulation) act, 1981; prohibiting opening of private primary teachers education institutions without prior permission of the state government, stringent penal provisions, -such as, imprisonment of three years or fine ..... of law and different decisions, rendered by the supreme court, including the case of t.m.a. pai foundation and ors. v. state of karnataka and ors., reported in jt 2002 (9) sc 1, held rule 4(kha) against the public interest and struck down the said provision, leaving ..... prescribed under proviso to rule 4(ga), wherein, provision was also made to appoint untrained teachers in special circumstance. it was submitted that the order prohibiting appointment of any untrained teacher, as has been made by the secretary, primary and secondary education, human resources development department, government of jharkhand, .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(3)JCR369(Jhr)]
..... the upper limit of the vacant urban land, to be possessed by any person. section 3 of the act prohibits holding of land in excess of the ceiling limit in the territories to which the act applies. section 6 of the act requires a person, holding vacant land in excess of ceiling limits, to file statement. section 7 further requires a person to file ..... the statement, it also asked for exemption under section 20 of the act. the reason for filing the statement before the competent authority at bombay was also explained in the statement. according to the petitiqner, it holds and possesses lands/properties in various states, like assam. andhra pradesh, bihar, gujarat, karnataka, maharashtra, uttar pradesh, west bengal and new delhi, and the major .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(1)BLJR850; [2007(2)JCR302(Jhr)]
..... be engaged on account of issuance of notification under section 10(1) of the contract labour (regulation and abolition) act. it is further submitted by the writ petitioner that since the engagement of contractor was not prohibited in law and, therefore, the writ petitioner was not debarred from engaging a' contractor. the finding of the ..... itself was bad in law.lastly, it was contended that in view of the recent judgment of the supreme court in the case, of 'secretary. state of karnataka v. uma devi reported in : (2006)iillj722sc there is no scope of regularization/employment of contractor workers or persons entering through back doors like contractor workers, the ..... labour but present instances wherein the court pierced the veil and declared the correct position as a fact at the stage after employment of contract labour stood prohibited, and (ii) where in discharge of a statutory obligation of maintaining a canteen in an establishment the principal employer availed of the services of a .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(116)FLR1096]; [2008(1)JCR255(Jhr)]
..... government of the state in which that other establishment is situated, will be the appropriate government. (2)(a) a notification under section 10(1) of the clra act prohibiting employment of contract labour in any process, operation or other work in any establishment has to be issued by the appropriate government: (1) after consulting with the central ..... the said subsequent decision of the constitution bench.23. in yet another recent decision of the constitution bench of the supreme court in the case of state of karnataka v. uma devi (supra), it has been held that the regularisation of a person in permanent job without following the due procedure is violative of articles 14 ..... 14 and 16 of the constitution of india and is not at all permissible. learned counsel relied on recent decision of the supreme court in the case of state of karnataka v. uma devi reported in : (2006)iillj722sc , which was followed in subsequent decision of the supreme court in labour matter in the case of indian drugs & .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR2155; [2008(4)JCR195(Jhr)]
..... been adopting such process of obtaining services of the respondent-workmen, taking advantage of the fact that there is no notification under the contract labour abolition act, prohibiting the employment of the contract labour under the petitioner-company.the above facts have been recorded by the tribunal in its findings, which is based on ..... ors. reported in 2006 lab. i.c. 1302(iv) nehru yuva kendra sangathan v. rajesh mohan sukla and ors. reported in : air2007sc2509 .(v) secretary, state of karnataka and ors. v. uma devi and ors. reported in : (2006)iillj722sc .8. learned counsel argues that the ratio in the case of uma devi (supra) would not ..... ors. reported in : (2001)iillj1087sc .(ii) municipal corporation of greater mumbei v. k.v. shramik sangh and ors. reported in : (2002)iillj544sc .(iii) secretary, state of karnataka v. uma devi and ors. reported in : (2006)iillj722sc .(iv) hindustan steel works construction ltd. v. commissioner of labour and ors. reported in : (1997)illj656sc .(v) .....
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