Court : Jharkhand
Reported in : 2008(56)BLJR1057; [2008(2)JCR47(Jhr)]
..... more than 10,000 families who are the members of the scheduled caste, scheduled tribes and other communities were dispossessed from their agricultural lands 45-50 years back under the provisions of land acquisition act when their lands were acquired in the year 1959-1962 for the purpose of construction of 4th steel plant at bokaro for erection of iron & steel, ancillary works and industries and ..... bokaro is decided then in all probability, other villagers who are covered by the land acquisition notification in the aforesaid 10 cases may file applications under section 28 of the land acquisition act before the special land acquisition officer, bokaro for enhancing the compensation amount and in that cases the liability to pay compensation may further increase. ..... the solatium at the rate of 30% on the market value as also the further interest at the rate of 9% and 15%, as provided under section 23(2) of the land acquisition act, the learned single judge was of the view that the matter should be settled before the lok adalat. ..... fully owned by the central government because 100% shares were held by the president of india and the company started erection and construction of iron and steel plant from 1961 with the assistance and in collaboration with the government of the then ussr. ..... directions:(i) the enhanced compensation awarded by the land acquisition judge against which 46 appeals are pending shall be paid to the claimants of these appeals together with interest and other benefits. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(4)JCR37(Jhr)]
..... ordinance, 2001 (jharkhand ordinance 02 of 2002), constitutes reasonable restriction, we are of the view that the entry tax imposed by bihar tax on entry of goods into local areas for consumption, use or sale therein act, 1993, as adopted by the state of jharkhand and amended by jharkhand tax on entry of goods into local areas for consumption, use or sale thereof (amendment) ordinance, 2001 (jharkhand ordinance 02 of 2002 ..... the supreme court in the case of bihar chamber of commerce (supra), though it will be evident that the bihar tax on entry of goods into local areas for consumption, use or sale therein act, 1993 was assented to by the president and the said entry tax was levied in public interest, there is nothing on the record to suggest that jharkhand tax on entry of goods into local ..... stand taken on behalf of the state of bihar and the decisions, rendered by the supreme court, patna high court held that levy of entry tax, sought to be imposed under the said act, cannot be said to be either compensatory or regulatory but it impedes the free flow of trade and commerce and does not satisfy the requirement under article 304(b) of the constitution, inasmuch as ..... or even if the act does not indicate facially the quantifiable benefit, the burden will be on the state as a service facility provider to show by placing the material before the court that the payment of compensatory tax is a reimbursement recompense for the quantifiable measurable benefit provided or to ..... : [1961]1scr809 .....
Tag this Judgment!Court : Jharkhand
Reported in : 2005(2)BLJR1559; [2005(3)JCR448(Jhr)]
..... not a recognized state party was of no consequence on account of the fact that in the xth schedule to the constitution, reference has been made only to political parties defined in section 2(f) of the representation of the people act, 1951, to mean an association or body of individual citizens of india registered with the election commission as a political party under section 29-a, which also deals with political parties and not only political parties which are registered ..... that the same had also been dealt with by the hon'ble supreme court and it had been held in no uncertain terms that the speaker while discharging the functions under the xth schedule acts in a quasi judicial capacity and as a tribunal for all practical purposes and the high court would, therefore, have ample authority to issue a writ of or in the nature of mandamus or direction to the speaker in his capacity as ..... 2 came to be benefited by the acts of omission of sri karia munda, and he failed to discharge his constitutional function in terms of the xth schedule of the constitution of india in not deciding the issue relating to the disqualification of the ..... anand submitted that the speaker of the assembly was required to act in an impartial manner which cast upon him the duty of deciding the question of disqualification of a member of the house on the grounds indicated in the xth schedule ..... sinha, : air1959sc395 and another decision of the supreme court between the same parties, reported in : [1961]1scr96 . ms. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR374(Jhr)]
..... marriage of the appellant-wife has been solemnized with the respondent-husband on 22.2.1990 and it was an arranged marriage with the consent of the respondent and one niranjan jha, said to be the maternal uncle of the respondent was the middle man in the said marriage and at that time the respondent was unemployed and the said marriage was performed in accordance with hindu religion and rites. ..... party has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition and desertion as per the explanation contained in section 13 of the said act means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party and includes the wilful neglect of the petitioner ..... to commit suicide on 10.9.1991 only with a view to falsely implicate the respondent and his entire family members in a criminal case for that and it is the settled principle of law that such an act on the part of the appellant-wife constitutes mental cruelly to the respondent-husband and in this view of the matter, the learned court below has rightly come to the finding that the appellant-wife has ..... which clearly depicts the cruel behaviour of the respondent-husband causing mental cruelty to his appellant-wife and the respondent in the facts and circumstances of the case cannot take the benefit of his own wrong in his matrimonial relationship with his appellant-wife. .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2004Jhar121; [2004(3)JCR168(Jhr)]
..... matter of succession and inheritance and according to the prevalent customs, the daughters and the sons, and daughter of a pre-deceased daughter do not inherit the properties of their father or their maternal grand father and according to the santhal custom by which parties to the suit are governed, if a person dies without a male issue his share in the property stands inherited by his nearest ..... that the parties to the suit are sufficiently hinduised and they are governed by hindu law in the matter of inheritance and succession and section 6 of the hindu succession act, 1956 is applicable to them and the plaintiffs-respondent being the heirs of jhuttu manjhi has inherited his share in the suit property and thus they are entitled for ..... the daughters are not the heir of jhuttu manjhi, deceased and succession in their case is patrilineal and section 2(2) of the hindu succession act, 1956 mandates that notwithstanding anything contained in sub-section (1) of section 2 of the said act, nothing contained in this act shall apply to the members of any scheduled tribes within the meaning of clause (25) of article 366 of the constitution unless the central ..... thereof without any partition by metes and bounds but they used to cultivate the suit property as per their convenience and in the survey settlement of 1961 they were jointly recorded in respect of the suit property but their separate possession was recorded in the remark column of the survey records of right in respect of the lands of .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR988; [2007(3)JCR510(Jhr)]
..... concurrence of the commission and the commission had not approved the promotion, the same had lapsed under sub-section (10) of section 58 of the bihar state universities act, which, inter alia provide:notwithstanding to the contrary contained in this act or statute, rules or regulations made thereunder promotion given on the post of reader or professor or office of the university shall not be valid for a period ..... university professor is concerned, in the said order (annexure-a) it appears that his claim has been rejected in the light of section 58(10) of the jharkhand state university act, 2000 on the ground that the concurrence regarding promotion of the petitioner to the post of university professor was not received from the bihar state university (constituent colleges) ..... the grievance of the petitioner was that he was not paid the house rent and he was not given the promotional benefits in such a situation, this court directed the petitioner that if he is so aggrieved he may approach this court again by filing a separate petition accordingly, ..... jhr) has also held that the promotion given to a person as the university professor prior to amendment and insertion of section 58(10) of the bihar state universities act, 1976 cannot be taken away with retrospective effect nor the petitioner can be penalised on the basis of the said amendment or negligence on the part of the ..... he was appointed as a lecturer in oriya on 01.09.1961 by the cooperative college, jamshedpur by issue of annexure-1 .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(104)FLR1097]; [2005(1)JCR220(Jhr)]; (2005)IILLJ345Jhar
..... employer, or give them an opportunity of being heard, and after such further inquiry, if any, as it may consider necessary may, without prejudice to any other penalty to which the employer may be liable under this act, direct-(i) in the case of a claim arising out of payment of less than the minimum rates of wages, the payment to the employee of the amount by which the minimum wages payable to him exceed the amount ..... this decision of the supreme court makes one thing clear that where there is a dispute as to the rate at which minimum wage is payable under the act, the matter would fall under section 20(1) of the minimum wages act, it also declares that section 20(1) of the minimum wages act does not cover all claims in respect of minimum wages; it covers only the cases where there is a dispute as to the rate at which the ..... where an employee has any claim of the nature referred to in subsection (1), the employee himself, or any legal practitioner or any official of a registered trade union authorized in writing to act on his behalf, or any inspector, or any person acting with the permission of the authority appointed under sub-section (1), may apply to such authority for a direction under sub-section (3) :provided that every such application shall be presented within ..... before the authority was made by the inspector, the order passed by the authority clearly enured to the benefit of the workers involved and none of the workers was impleaded in the writ petition as a respondent. ..... 1961 .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR2724
..... 10th august, 1956 and the solatium at the rate of 30% on the market value as also the further interest at the rate of 9% and 15%, as provided under section 23(2) of the land acquisition act, the learned single judge was of the view that the matter should, be settled before the lok adalat.public interest being involved and as the state spends the money for fighting out litigations ..... such decision were been taken in public interest.section 89 was inserted by code of civil procedure (amendment) act, 1999 with, effect, from 1st july, 2002 and provision was made enabling the court to find out, if there exists element of settlement, which may be acceptable to the parties to formulate the terms of settlement ..... award was given by the land acquisition judge on the reference under section 18 of the land acquisition act and the judgment was put in execution by the awardees for recovery of awarded amount. ..... considering the fact that the lands were acquired in the year, 1961-62 and the land acquisition judge, besides determining the compensation amount, also directed to pay additional compensation at the rate of 12% on the market value from the date of notification, issued about fifty years back ..... of bihar, thereafter, approached the central government for 4th steel plant with such offers, assurances and promises about 44000 acres of land was acquired by issuing notification under section 4 of the land acquisition act for erection of iron & steel plant for public purposes at the public expenses. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR152; [2007(4)JCR235(Jhr)]
..... authority in the appeal as well as learned single judge in the writ petition and remit the matter to the competent authority to commence the proceedings afresh under the act from the provision of section 8 of the act and give full opportunity to the appellants and pass final orders after conducting thorough enquiry and after taking into consideration the plea made by the appellants in the ..... , the vendee, the college authority, had undertaken to obtain in the name of the vendors the necessary permission for the sale from the government under the act for lawfully conveying the land and assured that the final sale would be completed within three months after permission.admittedly the appellants were absentee landholders since their permanent ..... in june, 1992 itself and within a few months, concluded the preparation and publication of final statement under section 9, notice of acquisition under section 10 of the act and ultimately passed ex parte orders holding that there is surplus land and issued notification for acquisition and took possession of the land in question without serving any notice ..... and perused the same; even then the learned single judge, without giving any finding with reference to the non-service of notice, as per the act or insufficiency of the cause shown by the writ petitioners for not having condoned the delay, simply rejected the writ petition without application of mind. ..... and weaving mills reported in : (1961)illj540sc , the supreme court would ..... stand to benefit by .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(4)JCR207(Jhr)]
..... if, during the custody of the management, such an important piece of evidence gets tampered with and which acts to the prejudice of a person concerned and if that person disputes it, then such a dispute will surely be an industrial dispute or a difference between the employer and the workman which is connected with ..... the case, briefly stated, is that the concerned workman was employed from 28.2.1961 as a welder in the automobile division of the company and at the time of his employment, he had stated and declared his date of birth ..... opinion of this court, the labour court has neither acted mechanically nor has acted arbitrarily nor is there any perversity with the award. ..... set aside the said award and directed the management to pay all back wages together with consequential benefits treating him to be in service till 28.2.1997.2. ..... definitely come to a finding that it is clear that on 24.2.1961 the workman had declared his age to be 24 years. ..... while the workman declared his age to be 24 years as on 28.2.1961 (meaning thereby the date of birth is 24.2.1937) the management on the other hand, has pleaded that he declared himself to be 32 years on that day (meaning thereby, his date of birth ..... paragraph 20 of the award), then syllogistically, if the figure '24' is subtracted from '1961' then on mathematical calculation, the result is '1937'. ..... , he was sent for medical check up before joining and the chief medical officer examined him on 25.2.1961 and estimated his date of birth as 24 years. .....
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