Court : Jharkhand
Reported in : [2008(2)JCR153(Jhr)]
..... similarly search made and seizure list prepared by the investigating officer as well as the informant were not a competent police officer under section 15 of the act and therefore, the institution of the case as well as its investigation suffers from material irregularity and illegality and in view of the lack drop of such irregularity cognizance of ..... offence under section 290 of the indian penal code as also under sections 5, 6 and 7 of the immoral traffic (prevention) act, 1956 and the order taking cognizance passed by the chief judicial magistrate, hazaribagh on 2.12.2005 now pending before the additional sessions judge ..... when in a case the offence punish-able under the indian penal code includes the offence arising out of occurrence punishable under some special act, the en-tire investigation including that of the special act shall be conducted according to procedure laid down in the special act and not as per the procedure envisaged under the cr pc as laid down in section 4(2) of cr pc. ..... sinha clarified that verbatim of section 13(1) of suppression of immoral traffic in woman and girls act, 1956 and section 13(1) of the immoral traffic (prevention) act, 1956 substituted by act 46 of 1978 with effect from 2.10.1979 were same and similar and therefore, the law as laid down ..... a matter of surprise that the investigating agency including the prosecution over looked the provisions of special act in respect of competency of a person to institute a case and to file final form under .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2008Jhar105; [2008(2)JCR566(Jhr)]
..... electrical inspector or an electrical inspector or licensee or the generating company, as the case may be, for this purpose.provided that the court may also take cognizance of an offence punishable under this act upon a report of a police officer filed under section 173 of the code of criminal procedure, 1973 (2 of 1974):provided further that a special court constituted under section 153 shall be ..... of such disconnection:provided also that the licensee or supplier, as the case may be, on deposit or payment of the assessed amount or electricity charges in accordance with the provisions of this act, shall, without prejudice to the obligation to lodge the complaint as referred to in the second proviso to this clause, restore the supply line of electricity within forty eight hours of such ..... prohibits every other person from indulging in generating, distributing and sale of electrical energy without the permission of the corporation.section 20 of the damodar valley corporation act, 1948 provides for the charges for supply of electrical energy and authorises the corporation to fix schedule of charges for the supply of electrical energy including ..... rank higher than the rank of the officer authorised by the appropriate commission would be a matter requiring evidence and proof before appropriate authority under the act.the second source of the corporation to make entry into the factory premises of the appellant is derived from the subsisting contract between the corporation and the appellant .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR243; 2001CriLJ578
..... 2950 of 1996, whereby and where-under, he convicted the appellant under section 20 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the n.d.p.s. ..... act reads as follow :'50. ..... act which is mandatory, has not been complied with. ..... act, which is mandatory has not been complied with in the instant case. ..... act has not been complied with. ..... act was framed which was read over to which he pleaded not guilty.4. ..... act') and sentenced him to undergo rigorous imprisonment for four years.2. .....
Tag this Judgment!Court : Jharkhand
..... this court to the notification marked annexure b to the counter affidavit kept at page no.10, wherein it has been mentioned that the said notification has been notified in compliance of the provision of the prevention of cruelty to animals act 1960 and whereby the earlier arrangements of the inspectors of doing the work of inspection and prosecution under direct supervision if the sp/dsp was allowed to be continued for effective implementation of the provisions of prevention of cruelty to ..... petitioner submits that since in that case even though the inspector spca conducted the search under prevention of cruelty to animals act,1960 it was held that the complainant cannot be said to have committed any illegality in launching prosecution also under jharkhand bovine animals prohibition of slaughter act 2005, hence the inspector spca is competent to launch prosecution for the offences punishable under the provisions of jharkhand bovine ..... of spca- the informant, is not empowered to enter any premises, inspect or conduct the search under section 10 of the act, hence, the prosecution of the petitioner on the basis of his report is not proper. ..... besides offence committed under the jharkhand bovine animals prohibition of slaughter act, 2005 offence punishable under section under the provision of prevention of cruelty to animals act,1960 were also involved. ..... under sections 12 of the jharkhand bovine animals prohibition of slaughter act, 2005, pending in the court of learned a.c.j.m, ranchi. .....
Tag this Judgment!Court : Jharkhand
..... this court to the notification marked annexure b to the counter affidavit kept at page no.10, wherein it has been mentioned that the said notification has been notified in compliance of the provision of the prevention of cruelty to animals act 1960 and whereby the earlier arrangements of the inspectors of doing the work of inspection and prosecution under direct supervision if the sp/dsp was allowed to be continued for effective implementation of the provisions of prevention of cruelty to ..... petitioner submits that since in that case even though the inspector spca conducted the search under prevention of cruelty to animals act,1960 it was held that the complainant cannot be said to have committed any illegality in launching prosecution also under jharkhand bovine animals prohibition of slaughter act 2005, hence the inspector spca is competent to launch prosecution for the offences punishable under the provisions of jharkhand bovine ..... of spca- the informant, is not empowered to enter any premises, inspect or conduct the search under section 10 of the act, hence, the prosecution of the petitioner on the basis of his report is not proper. ..... besides offence committed under the jharkhand bovine animals prohibition of slaughter act, 2005 offence punishable under section under the provision of prevention of cruelty to animals act,1960 were also involved. ..... under sections 12 of the jharkhand bovine animals prohibition of slaughter act, 2005, pending in the court of learned a.c.j.m, ranchi. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(1)JCR289(Jhr)]; (2006)IILLJ346Jhar
..... submitted that the employees in the irrigation department of the government were not 'workmen' within the meaning of the industrial disputes act, 1947 and that such view had been expressed by the hon'ble supreme court in the case of executive engineer (state ..... , it was no longer open either to the state of bihar or the state of jharkhand to subsequently contend that the provisions of the said act would have no application to the facts of the case on the ground that the irrigation department of the government was not an 'industry' as is now being sought to be contended on the basis of a ..... a new dimension to the submissions by urging that having once elected to proceed under provisions of the industrial disputes act, 1947, it was no longer open to the appellant and/or the state of bihar to take a different stand ..... behalf of the appellant and the state of bihar to contend that the irrigation department was not an industry' within the meaning of the industrial disputes act, 1947, it has to be borne in mind that both the states had in part implemented the award. ..... of the state government had been held not to be an industry' within the meaning of section 2(j) of the industrial disputes act, 1947, the very basis of the award passed by the labour court at bhagalpur stood eroded. ..... objection, the state of bihar itself took recourse to the provisions of section 25-f of the industrial disputes act, 1947, in terminating the services of the workmen concerned while the reference was pending. mr. .....
Tag this Judgment!Court : Jharkhand
..... even otherwise the allegations made in the written report do not reveal that there was an act of deception and cheating on the part of the petitioners from their very inception. ..... therefore, it cannot be said that the first accused by the act of executing sale deeds in favour of the second accused or the second accused by reason of being the purchaser, or the third, fourth and fifth accused, by reason of being the witness, scribe and stamp vendor in regard to the ..... when we say that execution of a sale deed by a person, purporting to convey a property which is not his, as his property, is not making a false document and therefore not forgery, we should not understood as holding that such an act can never be a criminal offence. ..... the purchaser who can claim that the seller has defrauded him and thereby committed an act of cheating. ..... a property knowing that it does not belong to him, and thereby defrauds the person who purchased the property, the person defrauded, that is, the purchaser, may complain that the vendor committed the fraudulent act of cheating. .....
Tag this Judgment!Court : Jharkhand
..... submitted charge sheet against kamlesh kumar singh and madhu singh for the offence under section 109 i.p.c and 13(2) r/w 13(1)(e) of the prevention of corruption act whereas section 109 of the i.p.c is not under the schedule offence of p.m.l.a and section 13 of p.c act has been incorporated as a schedule offence by the prevention of money launering (amendment) act, 2009 (21 of 2009) w.e.f 1.06.2009 whereas the transactions are of 22.07.2008 and 28.08.2008 and as such the aforesaid transaction will not come under ..... . learned standing counsel for the directorate of enforcement has also filed a copy of order dated 01.05.2014 passed by the appellate tribunal, prevention of money laundering act, at new delhi whereby both the parties were directed to maintain status quo regarding the order dated 17.01.2014 passed in original complaint no ..... it is further submitted that after conducting enquiries/investigation a complaint in ecir/02/pat/09 was filed under section 45 of prevention of money laundering act, 2002 before the court of the learned ist additional judicial commissioner cum special court, jharkhand, ranchi on 14.02.2011 only against shri kamlesh kumar singh and on the basis of said complaint the learned special ..... 11 it is further submitted that even the assessment of ankita singh was reopened under sections 148 of the income tax act and it was found that the said entries were duly reflected and the same can be ascertained from the assessment order for the assessment year, 2009 10. .....
Tag this Judgment!Court : Jharkhand
..... as has been stated above the assistant sub inspector of police as has been referred to in the seizure list has been denoted as the seizing authority but the provisions of the act do not empower the assistant sub inspector of police to conduct search and seizure in absence of any specific authorization for carrying out such operation by the state government. ..... thus on consideration of the factual as well as legal aspects the provisions of section 10 of the act has been -6- completely violated as the search and seizure has been made by a person not competent under the act and therefore when the search and seizure itself is bad in law the entire criminal proceedings gets vitiated. ..... 2 was not empowered by the state government to be an appropriate authority in terms of section 2(j) of the act in order to carry out a raid or a search and seizure in terms of section 10 of the act and therefore being incompetent to do so which strikes at the very foundation of the case the criminal proceedings instituted against the petitioner deserves to be quashed and set aside. ..... 2 to have apprehended the vehicle and inform the police regarding such illegal transportation which led to the subsequent act of search and seizure and instituting a first information report by the respondent no.2. .....
Tag this Judgment!Court : Jharkhand
..... to ensure that the false cases are not instituted and official in the rank of a range forest officer and above have been authorized to conduct search and seizure in terms of section 52(d) of the indian forest act and therefore the plea made by the learned counsel for the petitioners with respect to clause 10.16 of the guidelines cannot be said to be a mandatory provision, the violation of which would lead to quashment of the entire ..... state of bihar, reported in air1960( pat) 213 had held that in absence of any notification under section 30 of the indian forest act declaring any trees or class of trees in a protected forest to be reserved the accused cannot be prosecuted even on the allegation of felling ..... also been submitted that the seizure was made by a forest officer, who was not competent to conduct search and seizure in view of section 52 d of the indian forest act, which envisages a forest official not below the rank of a range officer to seize any property. ..... that section 29 defines a protected forest and any notification issued under section 29 of the indian forest act declaring a forest to be protected, the same continues to remain in operation till it is de notified ..... further been submitted that on 5.12.1955, a notification had been issued showing the area to be protected forest and in absence of any further 2 notification after 30 years in terms of section 30 of the indian forest act, the area in question does not retain the characteristics of a protected forest. .....
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