Judgment Search Results Home > Cases Phrase: majority act 1875 preamble 1 majority act 1875 Court: jharkhand Page 1 of about 10 results (0.046 seconds)

Mustafa Quraishi Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2007(2)BLJR1259; [2007(3)JCR496(Jhr)]

..... down by the supreme court prohibiting the total ban upon slaughter of cow and its progeny, the government of jharkhand in the year 2005 enacted the jharkhand bovine animal prohibition of slaughter act, 2005, incorporating sections 3, 5, 6 and 7, whereby slaughter of cow and its progeny is completely sought to be banned in any form and in all circumstances irrespective of their age. ..... petitioner herein, seeking for a declaration that the provisions contained in sections 3, 5, 6, 7 and 14 of the jharkhand bovine animal prohibition of slaughter act, 2005, (herein after called as jharkhand act, 2005) are ultra vires to article 19(1)(g) and article 21 of the constitution of india, has filed this writ application before this court.2. ..... perusal of the above provision, it would appear that where any person is prosecuted for the offence under the provisions of this act, the burden of proof that he has committed no offence under the provisions of the act, shall be on him, if the prosecution is in a position to produce the prima facie evidence against him at the first ..... though the supreme court through 5 judges special bench upheld the bihar act, 1956, holding the same to be intra vires to the constitution of india, it held that section 3 of the bihar act, 1956, which completely prohibited the cow, bull and bullock to be slaughtered in all forms ..... correctly appreciated the needs of its own people and recorded the same in the preamble of the impugned enactment. ..... the majority of agricultural .....

Kamal Kant Prasad Sinha, Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : [2008(2)JCR603(Jhr)]

..... (2) an amendment of this constitution may be initiated only by the introduction of a bill for the purpose in either house of parliament, and when the bill is passed in each house by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present and voting, it shall be presented to the president who shall give his assent to the bill and thereupon the constitution shall stand amended ..... interest litigation have been filed under article 226 of the constitution, praying for striking down the various constitutional amendment acts, (i) constitution (eight amendment) act, 1959, (ii) constitution (twenty third amendment) act, 1969, (iii) constitution (forty fifth amendment) act, 1980, (iv) constitution (sixty second amendment) act, 1989 and (v) constitution (seventy ninth amendment) act, 1999, as ultra vires of the original article 334 of the constitution of india as well as articles 330, 331, 332 ..... the other hand, retention of the safeguards and protection of special reservations to these weaker sections would strengthen the essential features of real democracy with equal opportunity and equal status, which is in consonance with the preamble of the constitution ..... . the preamble reads as follows :we, the people of india, having solemnly resolved to constitute india into a sovereign, socialist, secular, democratic republic and to secure to all its citizens :justice, social economic and political, liberty of thought, expression .....

Managing Committee of Ekra Mosque and anr. and Motiur Rehman Vs. State ...

Court : Jharkhand

Reported in : AIR2004Jhar3; [2003(4)JCR122(Jhr)]

..... 1998 also succeeds and the certificate of registration of the 'masjid-e-eqra welfare society' registered by the inspector general of registration, bihar, patna, under sections 3 and 20 of the societies registration act, 1860, is also set aside.as a natural corollary ensuing pursuant to the setting aside of annexure 1 in both the writ applications for the reasons stated above, the certification and the registration ..... more persons associated for any literary, scientific, or charitable purpose, or for any such purpose as is described in section 20 of this act, may, by subscribing their names to a memorandum of association, and filing the same with registrar of joint-stock companies word and ..... preamble, long title, section 1 section 20 of the societies registration act read thus:--the societies registration act, 1860(21 of 1860)an act for the registration of literary, scientific and charitable societies.preamble ..... that a committee of 26 persons having been constituted by the waqf board, under the provisions of the said act, the said committee would be deemed to be 'mutawalli' and it could only have been removed by the ..... not necessary to repeatedly give the corresponding section of the 1995 act in view of section 112 thereof which lays down that notwithstanding the repeal of 1954 act anything done or any action taken under that act shall be deemed to have been done or taken under the corresponding provision of the 1995 act.section 25 deals with registration of waqfs, while section 26 deals .....

State of Jharkhand and Ors Vs. Arun Kumar Dhar

Court : Jharkhand

..... (ii) whether entering into service at the age of 18 years can be said to be against section 11 of the indian contract act, 1872 and is affected by section 3 of the majority act, 1875 and the contracting party, who is below the age of 18 years (being minor) and whether that contract is illegal and void against such minor's interest so as to treat the service contract of such person who was ..... it is submitted that according to section 11 of the indian contract act, 1872, only the person, who attained the age of majority according to the law to which, he is subject, and who is of sound mind and is not disqualified from contracting by any law to which he is subject, can enter into a contract, and according to section 3 of the majority act, 1875, a person domiciled in india, attains the majority on completing the age of 18 years and not before. ..... down by the full bench of patna high court in ragjawa narayan mishra's case (supra), holding that there is a prohibition in appointment of a person in government service prior to the age of 18 years, on the basis of section 11 of the indian contract act, 1872, section 3 of the majority act, 1875, and rule 57 of the bihar pension rules. ..... in the jharkhand service code, 2001, prohibiting the appointment of a government servant prior to the age of 18 years, the appointment of a person prior to attaining the age of 18 years, cannot be said to be against section 11 of the indian contract act, 1872 read with section 3 of the majority act, 1875. .....

Ganesh Ram Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2006(110)FLR156]; [2006(2)JCR489(Jhr)]

..... , those who have completed their fourteenth year but are below eighteenth year of age.the indian majority act, 1875 does not impose any prohibition of employment of a minor in the services of the state, civil body/ ..... universities/constituent colleges, even if a person was appointed while he was a minor and thereby any provision of the indian majority act, 1875 and child labour (prohibition and regulation) act, 1986 was violated, for that the employee cannot be punished by reducing the age of his/her superannuation nor a notional age of superannuation can be fixed, treating the employee major as on the date of his/her initial appointment. ..... so far as the indian majority act, 1875, as referred by the learned single judge, is concerned, there is no prohibition, made therein, for appointment of a minor in the services of state, civil body, government ..... our considered views are as follows:(i) a person, who has completed his 14th year of age but had not completed his 18th year [adolescent-as defined under clause (a) of section 2 of the minimum wages act, 1948] is eligible for appointment, if rule/guideline, issued by the employer so permits:(ii) if a person, who has not attained 18th year of age, is appointed de hors the rule, his appointment ..... indian majority act, 1975 and the child labour (prohibition and regulation) act, 1986 ..... indian majority act. ..... 1875 or child labour (prohibition and regulation) act, 1986 has been violated, penal actions are there to be taken against the erring persons .....

Ranchi University Grade-iv Staff Association and anr. Vs. State of Jha ...

Court : Jharkhand

Reported in : 2005(1)BLJR248; [2005(105)FLR244]; [2005(1)JCR479(Jhr)]

..... employees of the universities/ constituent colleges, even if a person was appointed while he was a minor and thereby any provision of the indian majority act 1875 and child labour (prohibition regulation) act, 1986 was violated, for that the employee can not be punished by reducing the age of his/her superannuation nor a notional age of superannuation can be fixed, treating the employee major as on the date of his/her initial appointment. ..... even if it is presumed that some provision of either indian majority act, 1875 or child labour (prohibition & regulation) act, 1986 has been violated, penal actions are there to be taken against the erring persons or the initial ..... so far as the indian majority act, 1875, as referred by the learned single judge, is concerned, there in no prohibition, made therein, for appointment of a minor in the ..... colleges, observed that according to the indian majority act, a person attains majority on completion of the age of 18, years ..... such a decision was taken, no amendment appears to have been made in the bihar state universities act, 1976, prescribing a minimum age of 18 years for appointment of teaching/non-teaching employees in the ..... of teaching and non-teaching employees of the universities/constituent colleges, continued to remain almost same, though sub-clause (a) of section 67, was amended vide jharkhand state universities (amendment) act, 2000 (act 6 of 2003) with effect from 6th may, 2003, relevant portion of which reads as follows :'67. .....

State of Jharkhand and ors. Vs. Muzaffar Hussain

Court : Jharkhand

Reported in : [2006(2)JCR478(Jhr)]

..... having noticed the provisions of indian majority act, 1875 and child labour (prohibition and regulation) act, 1986, division bench held that for violation of one or other act, the penal action can be taken, but it has no nexus with the age of retirement/date of retirement. ..... the employee cannot be punished by reducing the age of his/her superannuation nor a notional age of superannuation can be fixed, treating the employee major as on the date of his/her initial appointment.5. .....

Shrenik Bhai Kasturbhai and ors. Vs. Ganpat Rai JaIn and ors.,

Court : Jharkhand

Reported in : 2004(2)BLJR1611; [2004(4)JCR1(Jhr)]

..... . air 1955 sc 298, the supreme court has held that the object of the crown grants act as declared in the preamble was to remove certain doubts as to the extent of the operation of the transfer of property act and as to the power of the grant or to impose limitations and restrictions upon grants and other transfer of lands made by it or under its ..... in the judgment while dealing with issues 6, 7, 9 and 13, the trial court has not entered any finding that the entire income or a major portion of the income derived from parasnath hill was being expanded by anandji kalyanji for the purpose of the places of worship situate in khewat ..... . when the entire jain community of india has a right to worship in the majority of the tonks and charans on the hill in its own right, the exercise of that right cannot be interfered with and it is that right that the digambars have put forward in ..... there is no evidence to show that there was dedication of any part of the hill for charitable purposes or of a major portion of the income therefrom, for a religious purpose by the raja of palganj ..... it is stated that the swetambari sect consists of three major sub-sections, the murti pujaks claimed to be represented by anandji kalyanji trust, the sthanakvasis and ..... to be given free to anandji kalyanji, the state forfeited its right to the property and instead of paying the compensation statutorily payable, decided to share the profits with anandji kalyanji, anandji kalyanji being the major sharer of the profits .....

Dhananjay Mahto and ors. Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : [2005(4)JCR1(Jhr)]

..... therefore, instead of applying the general law, power has been vested with the governor of the state to direct, by public notification, that any particular act of parliament or state legislature of the state shall not apply to the scheduled areas or any part thereof in the state, subject to such exceptions and modifications, as he may specify in the notification. ..... , as laid down under article 243-d of the constitution of india for both scheduled areas and non-scheduled areas, part ix of the constitution, including article 243-d having been extended to the scheduled areas vide pesa act, 1996 with such exceptions and modifications, as shown therein, except the 2nd proviso to clause (g) of section 4, which has been declared ultra vires.87. ..... 1633 of 2002 petitioner janardan manki has challenged the validity of section21(a)(1)(i), section 22(d), section 40(a)(1) and section 55(a)(1) of the jharkhand panchayat raj act, 2001, whereby and whereunder, all the offices and seats of chairperson at all levels in non-scheduled areas have been unreserved, treating the office and seat of chairperson as solitary seat. ..... we know of certain districts which are not tribal- majority districts; in the sense that scheduled tribe people do not constitute more than 50% of the total population of the district. ..... the preamble of constitution while guarantees justice, political and social, the principle of distributive justice can not be ignored. .....

Vyavasayi Sangh Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : AIR2009Jhar137

..... rule and bye-laws made thereunder in the market area to provide such facilities for marketing of agricultural produce therein as the board may from time to time direct, and do such other acts as may be required in relation to the superintendence, direction and control of market, or for regulating the marketing of agricultural produce in any place in the market area, and the purposes connected with the matters ..... prosecute or defend, or aid in bringing, prosecuting or defending any suit, action, proceeding, application, or arbitration in regard to any matter on behalf of the committee, or otherwise when directed by the board;(vii) to enforce the provisions of this act, the rules and bye-laws; and(viii) to perform such other duties and exercise such other powers as are imposed or conferred upon it by or under this ..... for the respondents led much stress that the preamble of the act needs not be resorted to for construing the provisions of the act and in particular for understanding the meaning of ..... the object and intent of the act is clear from the preamble of this act, which reads thus:an act to provide for the better regulation of buying and selling of agricultural produce and the establishment of markets for agricultural produce in the state of bihar and for ..... in almost all cases of the poor ryots, the major portion of their produce finds its way into the hands of the village money-lender and whatever remains is sold to petty traders who tour the villages and the price at which it .....