Court : Jharkhand
Decided on : Oct-22-2008
Reported in : [2009(121)FLR15]
..... fact remains that the petitioners are being paid the minimum wages fixed by the central government/state government under the minimum wages act.10. i have considered the pleadings and the rival contentions raised by the parties. in the instant case, the petitioners were initially the workers of eastern ..... by the mines commissioner, bihar and, thus, in any case, the petitioners are not the employees of jharkhand state mineral development corporation and they are only acting as a care taker on behalf of the state government to manage the koderma mica unit. there is no prayer for absorption/regularization.9. the admitted ..... , bihar, patna, vide its order dated 22nd april, 2000, which is sought to be challenged in this writ petition.5. thereafter, the bihar re-organization act, 2000 came into force with effect from 15th november, 2000 and the establishment of koderma mica mines, including the mines, came under the territorial jurisdiction of the .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-29-2008
Reported in : 2009(57)BLJR362; [2008(4)JCR375(Jhr)]
..... statement in material particulars. the prosecutrix of a sex-offence cannot be put on par with an accomplice that she is in fact a victim of the crime. the evidence act nowhere says that her evidence cannot be accepted unless it is corroborated in material particulars. she is undoubtedly a competent witness under section 118 of the evidence ..... act and her evidence must receive the same weight as is attached to an injured in cases of physical violence.15. if a prosecutrix is an adult and of full understanding, .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-12-2008
Reported in : 2009(57)BLJR458
..... commodities. it has also come to light that the large quantity of opium was carried for commercial transaction.4. the learned special judge under n.d.p.s. act, palamau at daltonganj, vide its impugned order dated 18.07.2008 hold that the accused were carrying the liquid opium without any valid authority and the case diary is ..... the n.d.p.s. act. he has further contended that in any case the petitioner is entitled to regular bail during the pendency of trial.3. as per the complaint case and the ..... judge, palamau at daltonganj.2. counsel for the petitioner insisted for consideration of certain judgments and in particular the provisions under section 50 of the n.d.p.s. act. counsel for the petitioner has contended that the aforesaid narcotic case is not sustainable in view of settled law due to non-compliance of statutory requirement under section 50 of .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-19-2008
Reported in : [2008(3)JCR71(Jhr)]
..... his arrest in connection with the case registered under sections 498-a, 323, 406 and 34 of the indian penal code and sections 3 and 4 of the dowry prohibition act has prayed for grant of anticipatory bail.2. it has been stated that the petitioner is the husband of the complainant. according to the petitioner, his marriage with the complainant .....
Tag this Judgment!Court : Jharkhand
Decided on : Oct-22-2008
Reported in : [2008(119)FLR949]
..... , therefore, open to guess. we expect a public sector undertaking which is 'state' within the meaning of article 12 of the constitution of india not only to act fairly but also reasonably and bona fide. in this case, we are satisfied that the action of the respondent is neither fair nor reasonable nor bona fide.8. ..... parties and, thus, the beneficial provision made under a settlement by the 'state' within the meaning of article 12 of the constitution was expected to be acted reasonably and, thus, the limitation period should also be provided in a reasonable manner and it is expected by the respondent authorities, which is the state, to ..... settlement, the right to obtain appointment on compassionate grounds emanates from the settlement as defined in section 2(p) of the act. the expanding definition of workman as contained in section 2(s) of the act would confer a right upon the appellant to obtain appointment on compassionate grounds, subject, of course, to compliance with the conditions .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-05-2008
Reported in : 2008(56)BLJR1355
..... to include a reference to a daughter. but this provision shall not apply to a daughter married before the commencement of the hindu succession (amendment) act of 2005. this provision shall not affect or invalidate any disposition or alienation including partition or testamentary disposition of property which had taken place before 20th ..... , as property capable of being disposed of by her by testamentary disposition.(3) where a hindu dies after the commencement of the hindu succession (amendment) act, 2005, his interest in the properly of a joint hindu family governed by the mitakashara law, shall devolve by testamentary or intestate succession, as the case ..... by the defendant-petitioner.4. learned counsel for the petitioner assailed the impugned order on the ground inter alia that after amendment of hindu succession (amendment) act, 2005, daughter of a co-parcener has right title and interest over the ancestral property. learned counsel further submitted that daughters of sri lal sharma have .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-20-2008
Reported in : 2008(56)BLJR2137; [2008(3)JCR412(Jhr)]
..... appointment on compassionate ground was made after a period of six months, i.e. the period prescribed for making application.the division bench after dealing section 6 of the limitation act, 1963 held that the period during which a person claiming the right was minor can be excluded from reckoning period of limitation for filing such application. where the prescribed period .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-06-2008
Reported in : [2008(4)JCR296(Jhr)]
..... officer submitted final form having found the alleged offence under sections 498-a/406 of the indian penal code and under sections 3/4 of the dowry prohibition act against the accused persons including the petitioners.5. the accused persons preferred a petition for their discharge before the learned s.d.j.m., porahat at chaibasa which ..... all concerned with the alleged demand of dowry or any kind of mental or physical torture to the complainant being much junior in the family and no specific overt act whatsoever was attributed against any of them in the compliant petition.8. mr. v.p. singh further submitted that in order to implicate the petitioners, the witnesses ..... nearly or remotely was made out against the petitioners under section 498-a/406 of the indian penal code or under sections 3/4 of the dowry prohibition act petitioners would suffer irreparable loss and injury if they would be allowed to be proceeded maliciously at the caprice and whim of the prosecution without materials on record .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-11-2008
Reported in : 2008(56)BLJR2739; [2008(3)JCR643(Jhr)]
..... which was accorded for the criminal prosecution, was not in accordance with law as it was not under section 19(1)(b) of the prevention of corruption act whereas, when the prosecution agitated for modified sanction order in the relevant section, the chairman of the jharkhand state electricity board in consultation with other departments and ..... requesting the chairman for sanction to be accorded under section 19(1)(b) of the said act for the criminal prosecution of the petitioner by modifying the earlier sanction order which was accorded erroneously under section 197 of code of criminal procedure.8. upon ..... that the sanction, which was accorded under section 197 of cr.p.c., was not appropriate for the criminal prosecution of the petitioner under the prevention of corruption act, 1988, the superintendent of police, vigilance bureau, ranchi took up the matter with the jharkhand state electricity board vide letter no. 1256 dated 29.3.2007 .....
Tag this Judgment!Court : Jharkhand
Decided on : Oct-21-2008
Reported in : 2009(57)BLJR686
..... as under:11. eviction of tenants.--(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 ..... without jurisdiction.7. mr. b.b. sinha, learned senior counsel appearing for the respondents/landlords, on the other hand, submitted that section 18 of the said act does not contemplate of giving any notice by the landlord refusing to renew lease rather section 18 contemplates of giving notice by the tenant for extension of lease. ..... them for renewal of the lease deed. instead of refuting the right of the petitioners, respondents/landlords filed an application under section 18(2) of the act which itself was not at all maintainable. learned counsel submitted that since petitioners/tenants did not exercise their option for extension of lease as contemplated under section 18 .....
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