Court : Jharkhand
..... of marriage. the informant had specifically stated about the demand of dowry. that under section 304-b of the i.p.c read with section 113(b) of the evidence act, presumption can be drawn that the deceased died a dowry death. it is argued that the onus lies on the accused, under section 106 of the evidence ..... act to rebutt the presumption of dowry death and the evidence on record establishes a prima facie case under sections 304b/34 of the i.p.c. learned a.p.p. .....
Tag this Judgment!Court : Jharkhand
..... 2013) registered under sections 419, 420, 467, 468, 471, 120b of the indian penal code (in short i.p.c) and sections 25(1)-(b) and 26 of the arms act.2. mr. nilesh kumar, learned counsel for the petitioner has submitted that the aforesaid case has been instituted in course of investigation of the sikidiri p.s. case no.35 ..... of 2012 dated 09.10.2012, registered for the offence under sections 364 i.p.c and 27 of the arms act. it is submitted by the learned counsel that in the aforesaid case a pistol used by the petitioner was seized and the petitioner had produced the licence of the pistol ..... p.s. case no.328 of 2013 was registered under sections 419, 420, 467, 468, 471, 120b i.p.c and sections 25(1)-(b) and 26 of the arms act. it is evident that the second f.i.r was lodged during investigation of sikidiri p.s. case no.35 of 2012 when the fact that the pistol licence was .....
Tag this Judgment!Court : Jharkhand
..... a question of maintainability of the writ petition on the ground of availability of the alternative remedy under section 60 of the bihar and orissa public demands recovery act, 1914. it has been contended that under the statutory provision, the appellant is required to deposit 40% of the certificate demand and the petitioner is ..... by the certificate officer, if aggrieved. the petitioner company made an application to file review petition under section 63 of the orissa and bihar public demand recovery act, 1914 against the order dated 20.02.2013 before the certificate officer, mines circle, dhanbad on 30.04.2013 asking one month time to file review petition ..... no final determination of the certificate amount by the certificate officer and therefore, the petitioner can maintain the writ petition avoiding the statutory provision under section 60 of the act. 3. relying on the decision of the hon'ble supreme court in whirlpool corpn. vs. registrar of trade marks , (1998) 8 scc 1, the learned .....
Tag this Judgment!Court : Jharkhand
..... . the respondent insurance company is a public sector undertaking. as an instrumentality of the state, the respondent insurance company was discharging the public duty and it has a duty to act fairly. 35. therefore, on the basis of the facts and circumstances before us arguments and case law the respondent insurance company is directed to pay the amount of group insurance ..... , the respondent insurance company is a public sector undertaking. as an instrumentality of the state, the respondent insurance company was discharging the public duty and it has a duty to act fairly. as pointed out earlier, the respondent insurance company unjustly turned down the insurance claim on the ground that it is time barred even when mou does not stipulate any .....
Tag this Judgment!Court : Jharkhand
..... delay, if not implemented so far. 14. we, accordingly, direct the central government, state governments and union territories to implement the provisions of the 1995 act immediately and positively by the end of 2014. 16. accordingly, we hereby issue the following directions: (i) the respondent state of jharkhand shall issue ..... of the abuse and exploitation of persons with disabilities and to lay down a strategy for equalization of opportunities for persons with disabilities. the disabilities act, 1995 has been made applicable to establishments financed wholly or substantially by the central government or the state government or any local authority. the definition ..... which has organized various awareness programmes for differently abled persons. the issue projected in the writ petition is, whether reservation under section 33 of the disability act, 1995 has to be implemented considering the total number of posts advertised only or the number of posts advertised viz a viz cadre strength ? . .....
Tag this Judgment!Court : Jharkhand
..... , this version of the petitioner carries no force as in the criminal proceedings, the ingredients are looked as per the provisions of i.p.c and as per the evidence act, whereas in the departmental proceedings preponderance of probability is looked into. as regards charge no. 3, the petitioner has been found repeating misconduct time and again, for which, he was .....
Tag this Judgment!Court : Jharkhand
..... petition. the complaint petition also seems to have been filed after an inordinate delay and nothing exists prior to the institution of the complaint petition with respect to the act of demand of dowry and torture, which has been levelled against the petitioners. as regards the petitioners in aba no. 4197 of 2015, they are sister in ..... was made by the accused persons, was deposited and such circumstances do indicate the factum of the petitioner-bhagirath gope to have committed the offence under dowry prohibition act. it has been submitted that since the brother of the complainant was not allowed to meet the complainant, he was forced to file an application under section 97 ..... p. case no. 2465 of 2012, registered for the offence punishable under sections 498a/406/323/34 of the indian penal code and section 3/4 of dowry prohibition act. mr. r.s. mazumdar, learned senior counsel for the petitioners, has submitted that petitioner-parmeshwar gope in aba no. 4209 of 2015 is the husband of the .....
Tag this Judgment!Court : Jharkhand
..... of the aforesaid allegation harla p. s. case no. 40 of 2000 was registered under sections 307, 326/34 of the indian penal code and section 27 of the arms act. after investigation charge-sheet was submitted by the police and after cognizance was taken the case was committed to the court of sessions where charge was framed under section 307 .....
Tag this Judgment!Court : Jharkhand
..... complainant. it appears that a complaint case was instituted against the husband as well as the petitioners under section 498a of the indian penal code and section of dowry prohibition act. it has been alleged that after solemnizing the marriage of the complainant, a child was born and after about six months from such birth, accused persons started demanding one hero .....
Tag this Judgment!Court : Jharkhand
..... unnatural circumstances and indicating her dowry death within a year of her marriage. so an adverse inference could be drawn against the appellant under section 113 b of the evidence act. since these circumstances and the evidence of the prosecution witnesses would bring the appellant under the mischief of section 304 b of the indian penal code, they have 8 rightly ..... 2 and soon before her death demand of motorcycle and t.v. were made by the appellants. this expression soon before as appear in section 113 b of the evidence act, is a relative term which is required to be considered under specific circumstances of each case and this term is not synonyms with the term immediately before. as stated ..... 2000(2) east cr c 698(sc), a three judge bench of hon ble supreme court dealt with the presumption available in terms of section 113 b of the evidence act, 1972 and its effect on finding persons guilty in terms of section 304b i.p.c., it was noted as follows: the law as it exists now provides that .....
Tag this Judgment!