Court : Jharkhand
Reported in : 2004(2)BLJR1611; [2004(4)JCR1(Jhr)]
..... things done in respect of the vesting of the estates or tenures in the state during the period commencing from the 25th day of september, 1950 and ending with the commencement of the bihar land reforms (amendment) act, 1953 (bihar act xx of 1954), shall always be deemed to have been validly issued, taken or done and shall not be called in question merely on the ground of non-compliance or irregular compliance of the provisions of the said section except ..... stage :'section 4(f) the collector shall be deemed to have taken charge of such estate or tenure and of all interests vested in the state under this section :provided that nothing contained in this clause or in any other provision of this act shall be deemed to authorize the collector to take charge of any institution, religious or secular, of any trust or any building connected therewith or to interfere with the right of a trustee to apply the trust money to the objects of the ..... even though the provision made therein for sharing of profits of the forests that had vested in the state at 60:40 with anandji kalyanji trust, was void in law, being opposed to the provisions of the bihar land reforms act; that otherwise, there was no reason to find against the agreement, that the agreement was valid and binding on the government and that the digambaris were estopped from questioning its validity in the .....
Tag this Judgment!Court : Jharkhand
Reported in : I(2002)DMC393
..... just because the police report of the private complaint carries with it the label of section 498a, ipc or section 4 of the dowry prohibition act, 1961, does not mean that the bail should be denied to the accused. ..... quite often that in ordinary matrimonial disputes or where there is some discordant note in amatrimonial relationship, the woman as an alleged victim sets in motion the machinery of law by invoking section 498a, ipc or section 4 of the dowry prohibition act, 1961. ..... i am talking of offences under section 498a, ipc and section 4 of the dowry prohibition act, 1961. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR209; 2001CriLJ1114
..... the raiding party also found shortage of diesel and there is clear violation of the provisions of essential commodities act and as such the application filed by the petitioner is fit to be dismissed, as thespecial judge has also taken cognizance in the instant case, after being satisfied from the evidence collected by the police during investigation.6. ..... in contravention of this order and thereafter take or authorise the taking of all measures necessary for securing the production of stocks/items so seized before the collector having jurisdiction under the provisions of the essential commodities act, 1955 (10 of 1955) and for their safe custody pending such production. ..... 788 of 1998 under section 7 of the essential commodities act and are being disposed of by this common judgment.2. ..... into the case and also submitted charge-sheet and after being satisfied from the evidence collected, the learned special judge took cognizance for the offence under section 7 of the essential commodities act by order dated 6.1.1999.5. ..... thus, it is apparent that the allegations as made out in the fir constitute the offence for prosecution under section 7 of the essential commodities act.11. ..... 788 of 1998, whereby the learned judge took cognizance under section 7 of the essential commodities act.3. ..... act in connection with saraidhela p.s. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(3)JCR83(Jhr)]
..... as the lower appellate court have committed serious error in embarking upon the deciding the issue of title of the plaintiff, which is also certainly beyond the scope of the courts exercising jurisdiction under the buildings act and this, therefore, would also constitute a substantial question of law for admitting this appeal.4. ..... court as well as the lower appellate court have committed serious error in recording their findings that the relationship of landlord and tenant does exist between the parties and that, provisions of bihar building control act, under which suit for eviction was filed, was applicable. ..... of agreement, which the trial court and the lower appellate court have apparently failed to make, there appears no relationship of landlord and tenant between the parties and therefore, the provisions of bihar building control act did not call for application at all. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(4)JCR139(Jhr)]
..... rupees for years 2004 to 2007 in areas of jhamshedpur, chibasa, sarikella and kharsawan have been given in the counter-affidavit filed by the transport commissioner, showing implementation of the provisions of the motor vehicles act by the enforcement officer, we are not satisfied with the same, since we notice that still overloading has not been curtailed, as a result of which there is rampant movement of trucks and lorries carrying weight ..... transport companies operating in the districts and involving the uncontrolled movement of vehicles with overloading, which has been constantly violating the provisions of sections 113, 114 and 115 of the motor vehicles act, causing serious accidents, apart from giving premium to the smuggling and illegal lifting of valuable minerals from the said districts.despite the fact that it has been brought to the notice of ..... (d) the state government is further directed to constitute a monitoring committee at the state level to ensure proper implementation of the provisions of the act as well as the directions given by the supreme court and this court.to implement the directions of the supreme court, the state government has to immediately make arrangements to install check posts ..... the state authority is to take special care in the matter of implementation of the provisions of sections 113, 114 and 115 of the motor vehicles act including sections 177, 190 and 194 for checking overloading beyond the prescribed limits as fixed by the state government. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2009(57)BLJR686
..... the consent of the landlord, or if he is an employee of the landlord occupying the building as an employee, on his ceasing to be in such employment;(b) when the condition of the building has materially deteriorated owing to acts of waste by, or negligence or default of the tenant or of any person residing with the tenant or for whose behaviour the tenant is responsible;(c) where the building is reasonably and in good faith required by the landlord ..... 2002 the respondent being one of the co-sharer/landlord filed an application purported to be under section 18(2) of the bihar buildings (lease, kent and eviction) control act, 1982 (in short the said act) in the court of munsif, ranchi for an order terminating the lease on the ground inter alia that the respondents required the suit premises for their own use ..... clause (1), sub-clause (b) provides that, in the case of any other tenant, that is a tenant who is not covered by sub-clause (a) of clause (1) of section 11 of the act, he is liable to be evicted from the building in his possession on three grounds: (a) on the expiry of the period of tenancy, or (2) for non-payment of rent or (3) ..... --(1) notwithstanding anything contained in any contract or law to the contrary but subject to the provisions of the industrial disputes act, 1947 (act xiv of 1947), and to those of the section 18, where a tenant, is in possession of any building, he shall not be liable to eviction therefrom except in execution of a decree passed by the court on one .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR977; 2001CriLJ3578
..... criminal appeal is directed against the judgment of conviction and sentence passed by special judge under the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the act'), whereby the learned judge convicted the appellant under section 20 of the act and sentenced him to undergo rigorous imprisonment for 10 years and also to pay a fine of rs. ..... is also alleged that the small quantity of heroin said to have been recovered and for which section 27 of the act is applicable whereas the appellant has been convicted and sentenced under section 20 of the act, which is not applicable in the instant case. ..... however, it will come under section 27 of the said act, which deals about punishment for illegal possession in small quantity of any narcotic drug. ..... learned counsel appearing on behalf of the appellant, at the very out-set, submitted that the appellant has been convicted and sentenced under section 20 of the act, which is not applicable in the instant case as well as the provisions as laid down under section 50 of the act has not been complied with. ..... this appeal claiming therein that the court below committed error in convicting the appellant as there is no cogent evidence for the alleged recovery as well as the provision as laid down under section 50 of the act has not been complied with. ..... brown powder substance for which section 27 of the act is applicable in the instant case. ..... charge under section 20 of the act was framed, to which the appellant pleaded .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR2722; [2008(3)JCR735(Jhr)]; (2009)IIILLJ669Jhar
..... preliminary objection against the maintainability of this writ application on the ground that under section 17 of the payment of wages act, 1936, a provision has been made under section 17 of the act for appeal against any order passed under section 15 of the act and, therefore, an alternative remedy being available to the petitioners, they ought to have preferred the appeal and not ..... the petitioners and the nature of employment came within the definition of scheduled employment under the payment of wages act (procedure), rules, 1962 and, therefore, the petitioners are liable to pay the arrears of wages to ..... an undertaker by the petitioners for looking after and managing the aforesaid holding of the petitioners at deoghar, filed a petition before the labour court, deoghar under section 15 of the payment of wages act on 17.11.2000, contending therein, that he was employed by the petitioners in the year 1995 as a caretaker, on a salary of rs. ..... the learned court below primarily on the ground that the impugned order was passed without jurisdiction, since the provisions of the payment of wages act, 1936 or its corresponding rules do not apply at all to the claim as advanced by the respondent no. ..... on the issue as to whether there was a relationship of employer and employee between the parties and on conditions of payment of salary/wages to the employee.it also implies that a petition under section 15 of the act cannot be entertained by the court below, if the wages applied for, exceeds rs. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(4)JCR114(Jhr)]
..... government of jharkhand recommended for initiating enquiry against the 4th respondent for acts of an omission and commission, such as financial irregularity and corruption during his service career. ..... in the said case, the apex court held :'......the acts and rules are made to be followed and not to be violated. ..... with a view to develop renewable energy sources within the state, a society was constituted in the name and style of 'jharkhand renewable energy development agency' (jreda), ranchi, which was registered under the societies registration act, 1860. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(1)BLJR689; 2007CriLJ1979
..... alias laxmibai, this court has time and again held that the expression' within public view' has specific meaning and in order to attract the provision of law under section 3(1)(x) of the atrocities act, the acts amounting to insult or humiliation to the member of scheduled castes or scheduled tribes should be visible and audible to the public.the court was constrained to interpret the expression 'within public view' ..... person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction-(a) in the case of a person who is employed or , as the case may be was at the time ..... that the offence must be in respect of an act done or purported to be done in the discharge of an official duty and it does not apply to the acts done purely in a private capacity by a public servant ..... as made against the petitioner are not as such to attract that the act as alleged was done in discharge of his official duty. ..... as regards the application of section 3(1)(x) of the said act winch has been challenged, it prescribes punishment for the offence of atrocities section 3(1)(x) speaks:whoever, not being a member of a scheduled caste or a scheduled tribes,- (x) intentionally insults or intimidates with intent to humiliate .....
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