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

Court : Jharkhand

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

..... kalyanji was in open, continuous and uninterrupted possession and enjoyment of the property is a plea that cannot be appreciated in the context of the fact that anandji kalyanji was the owner of the property having acquired the same from the raja of palganj and was holding it on its own title, which title, of course, stood divested by the notification issued under section 3(1) of the bihar land reforms act ..... . moreover, in this case, after the possession was taken pursuant to the notification under section 3(1) of the act earlier issued, anandji kalyanji trust attempted to challenge the same in supreme court by filing a writ petition in that behalf, but that petition was withdrawn with liberty to file a writ petition in the high court by invoking article 226 of the constitution of ..... . it may also be possible for the state to consider whether the management of 46.28 acres could not be handed over to the committee to be constituted, at the same time ensuring that the same represents all the sects of jainism and is not confined to the digambaris or swetambaris or the murti pujak swetambars of the jain community or to other sub-sects of that ..... of the division bench to sign the judgment and the undue notoriety the case and this institution acquired by such conduct, the chief justice withdrew the appeals to the court at patna and referred the same for being heard by a full bench in exercise of his powers under rule 11 of chapter ii of the rules of the high court of patna, 1916 .....

B.O.C. India Ltd. Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2008(1)JCR473(Jhr)]; (2009)21VST475(Jharkh)

..... authority, it is quite strange to notice the conduct of the petitioner, who is the selling dealer and who has to merely collect the sales tax from the purchasing dealer and to deposit the same with the government, has approached this court to raise the issue by filing writ petition under article 226 of the constitution of india. ..... the reply given by the learned counsel appearing for the state is as follows:(i) the petitioner had already raised the same issue under jharkhand industrial policy, 2001 and the issues raised there were rejected by the department as well as by ..... though tisco held enough opportunity to have the oxygen gas listed in annexure - a, as a raw material, by establishing the same, tisco for the best reasons known to it had not taken steps in this regard to include oxygen gas in annexure - ..... if the purchasing dealer wants to make out a new claim that oxygen gas is a raw material and the same is to be mentioned in annexure - a in order to avail the benefit under notifications, he ought to have approached the prescribed authority who is competent to consider the claim of the purchasing dealer and to find out whether oxygen gas is ..... the two notifications, on the basis of which the petitioner claims payment of sales tax @ 2%, clearly used the same expression as is used in section 13(1)(b) of the act, namely, such rate of tax will be on the sale of raw materials required directly for use in manufacture or processing of any goods for sale these notifications would apply .....

Lal Bahadur Singh Ashant and ors. Vs. State of Jharkhand Through Its S ...

Court : Jharkhand

Reported in : [2007(1)JCR514(Jhr)]

..... on the same analogy of the case of hare ram pandey (supra), the petitioners are entitled to statutory interest from november, 1976 to november, 1985. .....

Ravishankar Dubey Vs. the State of Jharkhand and ors.

Court : Jharkhand

..... kalpana lodhiya, on the same very ground, and the matter has been decided by this court in favour of that petitioner. ..... , and submitted that the very same type of termination letter of the same date i.e. ..... (emphasis supplied)(vi) thus, in view of the aforesaid decision also, the petitioner, who has cleared teachers training from the very same college i.e. ..... 348, similar type of termination letter dated same i.e. .....

Birendra Mandal Vs. the State of Jharkhand Through the Secretary, Depa ...

Court : Jharkhand

Reported in : 2003(51)BLJR655; 2003CriLJ2089; [2003(1)JCR431(Jhr)]

..... section 12(2) of the act and the order of detention cannot be sustained in any way as the second detention has been made with sole purpose to harass the petitioner on the same and similar grounds/allegations as well as no any chit of paper, such as, first information reports relating to the cases have ever been served upon the petitioner. ..... 3) was rejected/revoked by the state government after due consideration but against second detention order was passed on the same and similar grounds and that too has been approved after expiry of 12 days, for which the order of detention cannot be sustained in the ..... the approval made by the state government after 30.8.2002 even in respect of second detention on the same and similar grounds is illegal which has been done beyond the stipulated period of 12 days as required under the act and, therefore, the order of detention of the petitioner is in complete violation of the mandatory provision of ..... recommendation dated 17.8.2002 (annexure 8) giving the same example of the criminal cases being six in ..... available the documents relating to detention of the petitioner and, as such, the state government by its letter dated 16.8.2002 already refused to approve the detention of the petitioner, but again on the same and similar allegations/grounds, the respondent no. ..... 3) passed the order of detention on 19.8.2002 on the same set of allegations without there being fresh facts/grounds after rejection of the .....

Mrs. Lakshmi Singh and anr. Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2007(2)BLJR2036; [2007(3)JCR340(Jhr)]

..... objection and contention of the learned advocate general that the impugned notification (annexure-4) is a policy decision of the government and that the same cannot be brought within the scope of judicial review, as hardly any relevance and substance in the facts and circumstances of the instant case ..... careful reading of the said decision, it would be evident that even in the matter of economic policy, the scope of judicial review has not been eliminated, rather the same is conditioned and made permissible only in case where there is violation of statutory provision of the constitution.12. ..... he submitted that by the impugned notification, constitution of the commission has been cancelled and the same is not the order of removal of the petitioners, so as to give them right to challenge the said ..... the petitioners have challenged the said notification on the ground that the same is arbitrary, illegal and without jurisdiction and the same has been issued maliciously after the change of the government due to political reason and is intended to remove the petitioners from their posts before expiry of their term, without giving them any notice or ..... however, unless there is any illegality in the execution of the policy or the same is contrary to law or is mala fide, a change cannot be interfered with by the court and the same does not come within the scope of judicial review to enter into the enquiry as to whether a particular public policy is wiser or better public policy can be .....

Aditya Rice Mills Pvt. Ltd. Vs. Jharkhand State Electricity Board and ...

Court : Jharkhand

Reported in : 2009(57)BLJR1769; 2009LC(JH)320; [2009(2)JCR425(Jhr)]

..... this procedure having not been adopted or adhered to by the officers of the inspecting team, both the inspection as well as the inspection report cannot be relied upon, nor can the same be based upon to proceed against the petitioner under the provisions of section 126 of the electricity act.learned counsel argues further that even admittedly, loss has been purportedly assessed for a period of five months i.e. ..... the electric connection to the petitioner's premises was snapped on the same day. .....

Gaurchandra GoraIn and ors. Vs. the State of Jharkhand and anr.

Court : Jharkhand

Reported in : 2009(57)BLJR1450

..... ram kishan rohtagi : 1983crilj159 , it has been ruled that the power of the court under the said provision is an extraordinary power and the same should be used very sparingly and only in compelling circumstance against the person, who is not an accused and against whom cognizance has not been taken.16. ..... , is an abuse of the process of the court and the same has to be interfered with and quashed.19. .....

Raju Mahato Vs. Birsa Agricultural University and ors.

Court : Jharkhand

Reported in : [2005(2)JCR568(Jhr)]

..... been stated that the board of management, in exercise of powers under section 36 of the jharkhand agricultural university act, 2000 has made a new statute and has forwarded the same to the chancellor of the university which has not been assented to till date and as such the old statutes are still in force and the university has been discharging its duties ..... the court further held that if the official documents are annexed with such public interest litigations, without even indicating as to how the petitioner came to possess the same, the court should not only dismiss the petitions, but should also impose exemplary costs so that the message goes in the right direction that the petitions filed ..... institutions including experience of guiding research at doctoral level or an outstanding scholar with established reputation and in exceptional cases should have teaching experience of 15 years of ug standard research experience, but the same has not been followed and appointments are being made giving relaxation in the prescribed qualification. ..... learned counsel submitted that this writ application is not a public interest litigation rather the same has been filed with oblique motive for wrecking personal vengeance against the university authorities who could not oblige the petitioner by ..... made on the writ petition and supplementary affidavit by the petitioner are absolutely false, wild and vague and the same are not worthy of any credence and the writ petition is liable to be dismissed.4. .....

K.K. Jha 'Kamal' and Anr. and Tanzeem E. Sufia Vs. Shri Pankaj Kumar A ...

Court : Jharkhand

Reported in : AIR2007Jhar67; [2007(3)JCR193(Jhr)]

..... submitted that the alleged contemner lawyer has not been able to obey the direction of this hon'ble court vide its order dated 7.2.2007 for the following reasons and accordingly wants that the same be recalled/ modified, so far the alleged contemner lawyer is concerned, in view of the fact that his client shri ashok kumar gupta has left him and without his advise has ..... it is apparent from this conduct that the contemner-counsel has not only scandalized learned additional district judge by using contemptuous words in the writ petition and declined to tender apology for the same, but also threatened the learned single judge in the open court, the moment the contempt proceedings were initiated against the writ petitioner by stating in a most offensive manner that controversy ..... . it was proper for this hon'ble court to examine the allegations against shri pankaj kumar and if it was found got sustainable in accordance with less than same should have been dismissed or it would have found sustainable in accordance with law, the direction, as prayed for should have been issued by this hon'ble court to the governor of state of jharkhand in ..... . it was proper for this hon'ble court to examine the allegations against shri pankaj kumar and if it was found not sustainable in accordance with law the same should have been dismissed, or it would have found sustainable in accordance with law, the direction, as prayed for should have been issued by this hon'ble court to the governor of state of jharkhand to .....