Judgment Search Results Home > Cases Phrase: patents amendment act 2002 section 32 amendment of section 67 Court: jharkhand Page 6 of about 139 results (0.680 seconds)

Hari Narayan Rai Vs. Union of India (Uoi) and State of Jharkhand Throu ...

Court : Jharkhand

..... the authorized authority, which shall be the basis of taking cognizance.14. as noticed above, the word 'investigation' as defined in section 2(na) has been inserted by virtue of amendment act 20 of 2005. according to the definition the word 'investigation' includes all the proceedings under the act conducted by the director or by an authority authorized by the central government under the ..... for quashing the order dated 22.12.2009 passed by the addl. judicial commissioner, ranchi being special court under the prevention of money laundering act, 2002, whereby he has rejected the application of the petitioner filed under section 167(2)of the code of criminal procedure and further for a direction to the special court to grant bail to the petitioner under the ..... drawn up an enforcement case being ecir no. ecir/01/pat/09/ad against the petitioner and others under section 3 read with section 4 of the prevention of money laundering act, 2002 and a copy of the same was forwarded to the addl. judicial commissioner (special court), ranchi. it appears that the abovementioned case under ..... registered by the vigilance department being vigilance case no. 26 of 2008 corresponding to special case no. 32 of 2008 for contravention of sections 406, 409, 420, 423, 424, 465, 120-b of the indian penal code and section 11/13 of the prevention of corruption act against the petitioner and others. on the basis of the said complaint, the director of vigilance has .....

Union of India (Uoi) Through Central Coal Fields Ltd. Vs. Haria Devi a ...

Court : Jharkhand

Reported in : 2005(1)BLJR542; [2005(1)JCR395(Jhr)]

..... coalfields ltd, is not bound by central government letter whereby decision was taken for payment of solatium and interest as provided in the amended provisions of land acquisition act.7. mr. b.n. dey, learned counsel for the claimants/respondents on the other hand submitted that the land was being ..... solatium by applying amended provisions of land acquisition act. learned counsel submitted that the land was acquired under the provisions of coal bearing act of 1957 and under the said act there is no provision for payment of solatium or interest. learned counsel submitted that under section 16 of the said act of 1957 ..... decimal to rs. 500/- per decimal and accordingly judgment of the tribunal was modified to that extent only. hence these letter patent appeals.5. mr. p.k. prasad, learned counsel appearing for the appellant/union of india assailed the impugned judgment passed by the tribunal under ..... ) 2 jljr 372. in that case also land was acquired under the coal bearing area (acquisition and development) act, 1957, for the coal companies namely, central coalfields limited. in that case ..... section 9(1) of the act, was made prior to 30.4.82 and as such so far the claim for additional compensation is concerned the same is clearly not admissible.'17. similar question arose for consideration before the division bench of this court in the case of union of india v. hari mahto, 2002 (2) jcr 130 (jhr) : (2002 .....

Employer in Relation to the Management of Central Mine Planning and De ...

Court : Jharkhand

Reported in : [2003(3)JCR647(Jhr)]

..... . in this context, it is relevant to mention that what mr. ajit kumar sinha refers to is the definition of the word 'industry' which was inserted by the industrial disputes (amendment) act, 1982 (act no. 46 of 1982), which reads as follows :--'[2(j) 'industry means any systematic activity carried on by co-operation between an employer and his workmen (whether such workmen ..... not possible, the respondent shall be at liberty to terminate the employment of the appellants after reinstating them as directed by the high court and then complying with section 25f of the industrial disputes act.'32. the nature, role and functions of the petitioner, as has been considered in the foregoing paragraphs, are such that they are all of national importance and as ..... ) and (1-a), the expressions 'minerals' and 'mining operations' shall have the meanings respectively assigned to them in clauses (a) and (b) of section 3 of the mines and minerals (regulation and development) act, 1957 (67 of 1957).(2) where any undertaking set up for the construction of buildings bridges, roads, canals, dams or other construction work is closed down on account of ..... of haryana state f.c.c.w. store ltd. and anr. v. ram niwas and anr., reported in (2002) 5 scc 654 cannot apply to this case because that case turned on the interpretation of section 2(oo)(bb) of the industrial disputes act, in the instant case, it has already been held at paragraphs 18 and 19 herein that on account of .....

Stan Commodities Pvt. Ltd. Through Its Managing Director, Pawan Kumar ...

Court : Jharkhand

Reported in : AIR2009Jhar14; 2008(56)BLJR2914; [2008(4)JCR162(Jhr)]

..... for declaring the assets as npa by the secured creditor. an account becomes npa itself in view of the definition of non-performing assets under section 2(o) of the said act, 2002. section 2(o) of the said act, 2002 defines 'non-performing asset' as an asset or account of a borrower which has been classified by a bank or financial institution a substandard, ..... with the first proviso to section 19 of the said act, 1993, issued the impugned notice dated 21.2.2007 (annexure-14). it has ..... within the stipulated time frame provided under section 13(3-a) of the said act, 2002 nor any permission of the debts recovery tribunal was obtained to withdraw the application for the purpose of taking action under the said act, 2002.12. the respondents-bank without complying with the provisions of section 13(3-a) of the said act, 2002, as amended in the year 2004, and read ..... raising his objection to the said notice and requesting the respondents-bank to recall the notice sent under section 13(2) of the said act, 2002. it was specifically alleged that the notice was illegal, unjust, prematured and without jurisdiction.32. sub-section (3-a) of section 13 provides that if the borrower makes any representation or raises any objection, the secured creditor shall consider .....

Tata Iron and Steel Co. Ltd. Vs. the State of Bihar,

Court : Jharkhand

Reported in : [2008(1)JCR281(Jhr)]

..... the industrial undertaking as to possession over the lands, buildings and structures thereon, referred to in sub-section (1) or to the extent of such lands, buildings and structures is disputed by any person within three months of the commencement of the bihar land reforms (amendment) act, 1972, the collector shall make such inquiries in the matter as he deems fit and pass ..... order as may appear to him as just and fair.(4) the provisions of sub-section (1) shall be deemed to have been inserted in this act from the commencement thereof.section 7e reads as under:7e. land and ..... , dismissed the same and directed the company to file objection for the demand notice before the certificate officer.(xv) company-petitioner filed a letters patent appeal against this order before the division bench. while dismissing the letters patent appeal, the division bench directed the certificate officer to decide about the objection uninfluenced by any of the observations made by the learned single ..... make it clear that the interest in clause (xii) must be on the basis of lump sum and the interest in clause (xv) must be on the per annum basis.32. further, in the present case the terms or conditions of the lease deed, particularly, clause (xii) have not been varied or modified with the consent of the parties; therefore, the .....

Makhan Lal HarnaraIn and ors. Vs. Karamchand Thaper and Bros. Pvt. Ltd ...

Court : Jharkhand

Reported in : AIR2004Jhar143; [2004(4)JCR626(Jhr)]

..... of limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been subsequently raised. explanation viii of section 11 aforesaid has been inserted by virtue of the amendment by amending act 1976 w.e.f. 1-2-1977 and it provides that the decision of a court of limited jurisdiction on an issue within the competence ..... the case of the bank of bihar ltd. v. dr. damodar prasad air 1969 sc 297 and industrial finance corporation of india ltd v. cannanore spinning & weaving mills ltd. air 2002 sc 2841. viewed thus, the impugned judgment is unsustainable.10. in contra it has been submitted by the learned counsel for the defendant respondents that the plaintiff preferred his claim ..... per the order of the commissioner of payments and the amount of interest being rs. 2766.55p stands included therein. thus the plaintiffs had received a sum of rs. 1,32,223.25p in respect of his claims as per orders of the commissioner of payments referred to above during the pendency of this, suit and by giving a set off ..... fact that the loan amount under the hundies aforesaid was an unsecured debt being lowest under the priority as per the provision of the said act and the plaintiff had received a sum of rs. 1,32,223.25 ps. in all in respect of his claims as per orders of the commissioner of payments during the pendency of the suit and .....

Giriraj Prasad Agrawal and ors. Vs. Parwati Devi and ors. and

Court : Jharkhand

Reported in : III(2005)ACC559; 2005ACJ1626; 2005(2)BLJR1446; [2005(2)JCR523(Jhr)]

..... that when an insurer is impleaded and has been given notice of the case, he is entitled to defend the action on grounds enumerated in the sub-section, namely, sub-section (2) of section 149 of 1988 act, and no other ground is available to him. the insurer is not allowed to contest the claim of the injured or heirs of the deceased on ..... vehicles involved in the accident. this is how major amendments have been made in the provisions dealing with motor insurance and extent of liability of the insurance company.11. chapter xi of the new act, 1988 deals with the insurance against third party risk. section 145 of the act corresponding to section 93 of 1939, act defines certain words and expressions appearing in this chapter.12 ..... ltd. v. jashmani kongari, 2001 (1) jljr 178, is not correct and is hereby overruled. the decision given by the division bench in bholla nath yadav v. hemwati and ors., 2002 (2) jljr 411 is affirmed.34. in view of the conclusions to which i have arrived, i hold that respondent-insurance company is liable to pay compensation assessed by motor ..... was traveling on the roof top of the bus was not a bona fide passenger, the insurer under the provisions of section 147 of the act cannot claim exclusion of such gratuituous passengers, the insurance policy covering 3rd party risk.'32. after giving my anxious consideration on the provisions of law and ratio decided by the supreme court in the decisions referred to .....

The New India Assurance Company Ltd. Vs. Ganga Devi and ors.

Court : Jharkhand

Reported in : IV(2006)ACC161; 2006ACJ2857; AIR2007Jhar40

..... effective exercise of its superintending and visitorial powers, revisional jurisdiction is conferred upon the high court.10. by virtue of c.p.c. (amendment act) 1999 and c.p.c. (amendment act) 2002, provisions of section 115 has been amended whereby the power of revision has been limited. on the basis of recommendation of malimath committee, revisional power of the high court has been limited ..... to a great extent.11. provision of section 115 is very much clear that revision lies only when there is no right of appeal. ..... judgment and award passed by the motor accident claims tribunal. hence, this revision application before this division bench for hearing.4. chapter xii of the motor vehicles act, 1988 (section 165 to section 176) lays down the provisions with regard to constitution of claims tribunal and the procedure for deciding the claim application made by the legal representative of the ..... the constitution of india before the guwahati high court. learned single judge of the high court dismissed the writ application. aggrieved by the said order the insurer preferred letters patent appeal before the division bench of the high court. before the division bench the claimant took an objection that since both under articles 226/227 petition is not maintainable, .....

Court on Its own motion Vs. K.K. Jha 'Kamal' and Ashok Kumar Gupta (Co ...

Court : Jharkhand

Reported in : 2007(2)BLJR2545

..... judge, prima-facie, was satisfied that the allegations levelled against the presiding officer constitute criminal contempt. since in terms of section 18 of the contempt of courts act, the criminal contempt mutter has to be heard by a bench of not less than two hon'ble judges, the learned ..... justice to post it before the appropriate bench for passing further order. the chief justice, by administrative order, posted the entertaining the letters patent appeal. the letters patent appeal is, accordingly dismissed.11. thus, the contempt, matter was ordered to be posted on 15.01.2007. accordingly, the matter came ..... restriction on the counsel contemner, as suggested by the supreme court in the constitution bench judgment in harish uppal v. union of india : [2002]supp5scr186 , on his appearance before the courts in this jurisdiction in view of the continuous contumacious conduct of the counsel contemner with the result ..... whenever he does not get relief, he tries to bully, coerce and undermine the court by exerting hostile attitude and making unscrupulous comments.67. if such a contemner is not dealt with properly, it will send a very wrong message to the persons concerned with the administration ..... in order to show judicial favour in favour of the decree holders by committing judicial dishonesty by either getting money or for extraneous consideration.32. on noticing these paragraphs, learned single judge has correctly asked the counsel-contemner as to the details of the materials available on .....

Balku Singh and ors. Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2008(56)BLJR1426; [2008(2)JCR193(Jhr)]

..... settlement in their favour or the same should be settled to a group of villagers selected by them.36. from perusal of the provisions of section 27 of the act and rules 82 and 129 of the rules, i find that the market committee has got power to authorize any of its officers, staff or ..... which included the same seven persons, who had earlier resigned showing their inability to continue with the contract. the same was also challenged by way of amendment, impleading the said members of the group as respondents. the petitioners claimed that the denial of extension of their period and ignoring their claim for settlement as ..... any of its officers or staff or any other person to collect market fee directly from the buyer or his agent.subsequently, said rule 82 was amended in the year 1996 and in place of rule 82(v), as quoted above, the following rule was substituted:the market committee may authorize any of ..... saryug prasad sah and ors. v. the state of bihar and ors. 1994(2) pljr 779ii. md. rashir and ors. v. the state of bihar and ors. 2002(3) pljr 160iii. suday kumar v. bihar state agricultural marketing board and ors. 2003(4) pljr 56334. in kesho singh's case (supra) , the division bench ..... favour for collecting market fees of bero hat til the completion of three years as per the policy decision of the marketing board.re. point no. (ii):32. in view of the decisions on point no. (i), consideration and the decision on this point remains academic. it has been submitted by learned counsel for .....