Judgment Search Results Home > Cases Phrase: legal services authorities amendment act 2002 section 6 amendment of section 27 Court: jharkhand Page 2 of about 130 results (0.182 seconds)

National Insurance Co. Ltd. and ors. Vs. Smt. Sanjori Devi

Court : Jharkhand

Reported in : AIR2009Jhar157

..... has further been submitted that unless the conciliation proceeding was conducted as required under section 22c(4) of the legal services authority act, 1987 it had no jurisdiction to decide the dispute in absence of any compromise ..... aforesaid facts and circumstances of the case and the relevant provision of legal services authority act, the power and jurisdiction of permanent lok adalat and the case law on the issue, the consensus remains that the power under section 22c(8) is there to decide a dispute. ..... a case relating to lok adalat as provided under section 20(3) and (5) of the legal services authority act, 1987.8. ..... ), the hon'ble supreme court upon noticing the provisions of the legal services authorities act, 1987, observed that whereas lok adalat had to arrive at a just settlement in their conciliatory role guided by the principles of justice, equity, fair play and other legal principles, but in that case it assumed a judicial role, heard parties, ignored the absence of consensus, and increased the compensation to an extent it considered just and reasonable, by a reasoned order which ..... a writ of certiorari or any other appropriate writ, order or direction for quashing/setting aside of the award dated 12-12-2006 passed by the permanent lok adalat, dhanbad in exercise of its power under the legal services authority act, 1987 through which he has directed the petitioner to pay rs. ..... was inserted in the act in 2002 {act 37 of 2002) w.e.f. ..... the aforesaid amendment, sections 22-a to 22-e .....

Bharat Sanchar Nigam Limited Vs. the State of Jharkhand and Nanda Dula ...

Court : Jharkhand

Reported in : 2008(57)BLJR49; [2008(4)JCR12(Jhr)]

..... an employee of civil court, dumka filed a complaint petition under section 22(1) of the legal services authority act before the permanent lok adalat, dumka for compensation of rs. ..... that falls for consideration is as to whether a permanent lok adalat established under chapter via of the legal services authority act, 1987 (in short 'the act') can adjudicate and decide and give an award in disputed cases.6. ..... noticed above, chapter via has been inserted in the legal service authority act, 1987 for dealing with the pre-litigation, conciliation ..... the lok adalat has committed error of law and has exceeded its jurisdiction in passing the order of compensation and cost as the permanent lok adalat has no jurisdiction under the legal services authority act to pass order of compensation. ..... section 22-b confers power upon the central authority and the state authority to establish by notification permanent lok adalat at such places for exercising such jurisdiction in respect of one or more public utility services ..... although permanent lok adalat vested with the power under sub-section 8 of section 22-c for deciding the dispute on merit but from reading of the provisions of sub-section (4) to sub-section (7) of section 22-c, it is abundantly clear that the establishment of the permanent lok adalat is mainly and basically for the purpose of deciding the dispute through conciliation and for arriving at an ..... inserted in the act in 2002 (act 37 of 2002) w.e.f. ..... the aforesaid amendment, sections 22-a to 22-e .....

Employer in Relation to the Management of Life Insurance Corporation o ...

Court : Jharkhand

Reported in : [2009(1)JCR413(Jhr)]

..... of india), life insurance corporation of india has preferred this writ application challenging the award on the ground that reference by the central government to the tribunal is itself illegal, arbitrary and without any authority of law as services of the concerned workman is being regulated in accordance with regulations/rules framed by the central government by virtue of the power conferred under section 48 as amended by the amending act 1981 of the life insurance corporation of india ..... (supra) where the petitioner of that case had questioned the legality of the order of his termination however, it was held by the court that the amendments introduced in section 48 of the corporation act have clearly excluded the provisions of the industrial disputes act, so far they are in conflict with the rules framed under section 48(2)(cc) but that proposition was laid down on the factual background of the case that the termination effected in terms of clause 14 of the ..... the hon'ble supreme court in the aforesaid case, i do not find any substance in the submission that the jurisdiction of the industrial tribunal gets ousted by virtue of the enactment of the provisions by the amending act, 1981 as contained in section 48(2)(cc) of the principal act and therefore, the tribunal was quite justified to go into the legality of the order passed by the disciplinary authority and also by other authority including the appellate authority and the finding arrived at never seems to be erroneous.25. .....

Ambika Prasad and Ors Vs. Agriculture and Sugar Cane Development

Court : Jharkhand

..... successor state of bihar and 8 the successor state of jharkhand and it was inter alia provided that the condition of the services applicable immediately before the appointed date in the case of any person deemed to have been allocated to the state of bihar or to the state of jharkhand under section 72 of the bihar reorganization act, 2000, shall not be varied to his disadvantage except with the previous approval of the central govt. ..... of state, reported in air1937pc27has held as follows:- in a case in which after government officials, duly competent and duly authorized in that behalf, have arrived honestly at one decision, their successors in office, after the decision has been acted upon and is in effective operation, cannot purport to enter upon a reconsideration of the matter and to arrive at another ..... was given by the state of bihar and hence, no recovery could have been made by the state of jharkhand and also the order of recovery dated 06.07.2015, after retirement, is not tenable in view of legal propositions, as discussed above and as such, in the instant case, the order dated 06.07.2015 is also quashed and set aside. ..... learned counsel further argues that office order dated 20.03.2007 has been amended allegedly on the advice of the department of finance through the ..... dated 09.08.1999, introduced and implemented the acp scheme for its officers and employees and subsequently, the state of jharkhand vide its resolution dated 14.08.2002, also implemented the said acp scheme w.e.f. .....

Sitaram Sah Vs. The State of Jhakrhand Through Its Chief Secretary and ...

Court : Jharkhand

..... (2006) 7 scc651 this court recognized that even when, after the repeal of article 19 (1) (f) and article 31 (1) of the constitution vide constitution (forty-fourth 4 amendment) act, 1978 w.e.f. ..... details, the facts, as disclosed in the writ application is that the petitioner was initially appointed on the post of overseer in sericulture (industry department) in the year 1966 and during tenure of his service, the petitioner was granted the benefits of 01st and 02nd time-bound promotion. ..... a person cannot b deprived of this pension without the authority of law, which is the constitutional mandate enshrined in article 300a of the ..... otherwise, challenge in that case was to the vires of rule 10 (1) of the west bengal services (death-cum-retirement benefit) rules, 1971 which conferred the right upon the governor to withhold or withdraw a pension or any part thereof under certain circumstances and the said challenge was repelled by this ..... 231 of 2002 under sections 170, 420, 427, 465 and 171 of the ..... fact remains that there is an imprimature to the legal principle that the right to receive pension is recognized as a right in property ..... 2 vide annexure-3 is not legally sustainable in view of the aforesaid decisions rendered in the case of ..... 2, is not legally sustainable, is hereby quashed and set aside and the respondents are directed to release the admissible post retirement benefits alongwith the statutory interest, within a period of 16 weeks from the date of communication of the order .....

Jawaharlal Sharma Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : AIR2006Jhar135; [2006(3)JCR525(Jhr)]

..... (x) article 243zf provides that any provision of any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, inconsistent with the provisions of the said part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier, which reads as under:24szf. ..... into consideration the municipal services as being provided or proposed to be provided by an industrial establishment in that area and such other factors, as he may deem fit, is of the opinion that no notification under 'industrial township' is required to be issued, in such case after taking into consideration the objections, as may be received, and, if so required, after making such amendment in the draft, final notification under sub-section (2) to article 243q read with section 2(3)(b) of the bihar municipal corporation act, 1978 is to be issued;(v) once ..... 872 of 2006, this court is required to decide the question of legality and propriety of such notification dated 6th december, 2005. .....

Gujua Manjhi Alias Gajju Hansada and Ors Vs. State of Jharkhand

Court : Jharkhand

..... an amendment in cr.p.c by which section 164 a has been inserted by code of criminal procedure (amendment) act 2005 (w.e.f. ..... to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the government or a local authority and in the absence of a such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical ..... it also appears from record that vaginal swab of victim from pathology lab was collected by i.o on 06-07-10 (after 5 days since it was taken) as par paragraph 60 of case diary (which 9 has been perused on strength of section 172 cr.p.c ) and it was sent to f.s.l with the blood samples of accused persons for matching the dna profile of accused persons with male dna profile, if detected, in vaginal swab while pathological report ext- 2/1 had already ..... officer in examination of victim cannot be justified in any way particularly when the hon'ble supreme court in state of karnataka vs manjana reported in 2000 (6) scc188recognised that the rape victim's need for medical examination constituted a medico-legal emergency and it is the right of the victim of rape to approach medical services first before legally registering a complaint in police station. .....

Anirudha Golder Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2003(3)JCR358(Jhr)]

..... on 11th july, 1973 indicating his caste as 'namasudra', which is recognized as a scheduled caste under the scheduled caste and scheduled tribes list (modification) order 1957 read with scheduled caste and scheduled tribes order (amendment) act, 1956 and the constitution (jammu and kashmir) scheduled caste order, 1956 and the constitution (andaman and nicobar island) scheduled tribes order, 1956.3. ..... to his father on 11th july, 1973.similar caste certificates were also issued to his younger brother anindyudyuti golder and sister prithumita golder on 14th may, 1990 and 22nd may, 1990 respectively by the respondents authorities.the petitioner has stated that he lost his original copy of the caste certificate along with other academic certificates on 24th march, 2001 while traveling by auto rickshaw for which he has already lodged an fir ..... it is also pointed out that the caste 'namasudra' does not figure in the list of scheduled caste in the 5th schedule of the bihar reorganisation act, 2000, whereby the constitution (scheduled caste) order, 1950 stood amended.the provisions of articles 341 and 342 of the constitution of india fell for consideration before the supreme court from time to time. ..... 45 in the list of other backward communities of the state of jharkhand in the jharkhand vacancies in posts and services reservation (st, sc and other backward class) act, 2001, therefore, the respondent no. ..... subsequently, father of the petitioner came to join his service at ranchi i.e. .....

Jago Foundation Through Its Secretary Baidyanath Mahto Vs. Union of In ...

Court : Jharkhand

..... is made in this 4 regard involving members of civil society/pri and socially concerned citizen by calling them and providing incentive for their active role in bringing the matter to the concerned authority; (vi) jharkhand state legal services authority (for short jhalsa ) shall also step in and ensure that it reaches out to the masses by organising awareness camps at different levels involving district ..... marriage prohibition officer for effective implementation of the prohibition of child marriage act, 2006 and for protecting the best interest of the child; (iii) a complete mechanism shall be evolved by ..... aforesaid facts, considering the indifferent response of the respondents-authorities, we hereby issue the following directions: (i) state government shall appoint child prohibition officer for each district for entrusting him with the duties and liabilities under jharkhand child marriage prohibition rules, 2015; (ii) child welfare committee constituted under section 27 of the juvenile justice (care & protection of child) act, 2015 for every district shall coordinate with child ..... also undertook a comprehensive review of the existing act and made recommendations for comprehensive amendment in its annual report 2001-02. .....

Tata Motors Limited Through Its Authorized Signatory Gm Legal Services ...

Court : Jharkhand

..... telco, district singhbhum east, through its authorized signatory dgm legal services rajesh kumar das, son of late p.n. ..... 358 of 2017 --------- tata motors limited, previously known as tata engineering and locomotive company limited) a company registered under companies act, having its registered office at 24 homi mody street, fort mumbai and its works at jamshedpur,p.o. .....