Court : Jharkhand
Decided on : Feb-15-2008
Reported in : 2008CriLJ3350; [2008(2)JCR41(Jhr)]
..... ate flesh of the dead body they also died and thereby payer was made to take cognizance of the offence under section 11 of the prevention of cruelty to animals act and also under section 429 of the indian penal code.3. thereafter statement of the complainant was recorded on solemn affirmation and the statement of the witnesses were also ..... 429 of the indian penal code but still the petitioner and other accused persons have been summoned to face trial for the offences under the prevention of cruelty to animals act and also under section 429 of the indian penal code, though in the facts and circumstances of the case, there would be no application of section 429 of the ..... case allegations are there which do constitute offences under section 11 (1)(a)(b)(c)(e)(f)(g)(h)(i) and (1) of the prevention of cruelty to animals act and also under section 429 of the indian penal code and. therefore, this application is fit to be dismissed. coming to the point relating to the offence under section 429 .....
Tag this Judgment!Court : Jharkhand
Decided on : May-13-2008
Reported in : [2008(3)JCR439(Jhr)]
..... 10% in favour of scheduled castes is not under challenge in the writ petitions. the petitioners have challenged only clause 6(a) of the jharkhand reservation act which proves for exchange of vacancies between the scheduled castes and scheduled tribes in case of non-availability of suitable candidates for three consecutive years. the ..... and services is available also to other backward classes in addition to the members of scheduled castes and scheduled tribes. section 4 of the jharkhand reservation act provides for the extent of reservation for the members of scheduled castes and scheduled tribes which is at present 10% and 26% respectively. the quantitative ..... it was held that reservation in appointments of post is confined to initial appointment and cannot be extended in the matter of promotion. the constitution 81st amendment act, 2000 introduced clause 4(b) in article 16 of the constitution providing for treating the unfilled vacancies of a particular year reserved for promotion. as .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-15-2008
Reported in : [2008(4)JCR89(Jhr)]
..... mandal. after his death one arjun rana and jharilal pandit applied for their appointment, as village pradhan under the provision of section 5 of the santhal pargana tenancy act. the present writ petitioner babu lai mandal being the eldest son of the last pradhan also applied for being appoint as village pradhan. basudcv mandal, the son of ..... the impugned orders, passed by the deputy commissioner, i find that the order passed by him is in conformity with the provisions of santhal pargana tenancy act and, therefore, the same does not require any interference by this court in its writ jurisdiction.7. accordingly, having found no merit, this writ application is dismissed. ..... son of the last pradhan claimed for appointment on the basis of ;he provision of hereditary as provided under section 6 of the santhal pargana tenancy act. the deputy commissioner, in the impugned order, contained in annexure-4, after considering the provisions of section 5 as well as 6 of the sahllia) pargana tenancy .....
Tag this Judgment!Court : Jharkhand
Decided on : Oct-25-2008
Reported in : AIR2009Jhar1; [2008(4)JCR542(Jhr)]
..... .33. the national scheduled tribes finance and development corporation has been set up in april, 2001 as a government company under section 25 of the companies act, 1956, a fully government of india owned undertaking under ministry of tribal affairs for the purpose of providing financial assistance for the economic development of scheduled ..... services of modern england, 1952 edn.,' has stated at p. 303 that:the distinguishing characteristic of the welfare state is that the assumption by the community, acting through the state, of the responsibility for providing the means whereby all its members can reach minimum standard of health, economic security and civilised living and can ..... and for the purpose of education by mortgaging his land.2. in the writ petition, it is alleged that the authorities of the government are acting totally against the interest of the schedule tribe community in general by issuing such notification/circular restraining all the banks in the entire state of jharkhand .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-25-2008
Reported in : [2009(2)JCR359(Jhr)]
..... the facts of the aforesaid case relate to cooperative bank which does not come within the definition of 'bank' as provided under section 2(d) of the act of rdb act.likewise, the judgment referred to in the case of modern syntax (i) ltd. (supra) would also not apply to the facts of the present case ..... to the claim of recovery of debt owed by industrial undertaking which was declared as relief undertaking under the meaning of rajasthan relief undertakings (special provisions) act, 1961 under which special provision for recovery of debt has been laid down.14. as regards the next contention of the learned counsel for the respondent ..... writ applications are not maintainable since, there is an alternative remedy available to the petitioners against the impugned orders under the bihar and orissa public demands recovery act.as regards the grounds pleaded by the petitioners against the continuation of the certificate proceeding and the jurisdiction of the certificate officer, the stand of the .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-18-2008
Reported in : [2008(2)JCR448(Jhr)]
..... xvi) at this stage, without mentioning all those things, petitioner rushed to this court and field arbitration application under section 11(6) of the arbitration and conciliation act, 1996 and during the pendency of the 11(6) application, he filed an application in i.a. no. 1437 of 2007 under section 9 and obtained order ..... section (2), in an arbitration with three arbitrators, each party could appoint one arbitrator, and the two arbitrators so appointed could appoint the third arbitrator, who would act as the presiding arbitrator. under sub-section (4), the chief justice or any person or institution designated by him could make the appointment, in a case where ..... performance of that duty exist. therefore, unaided by authorities and going by general principles, it appears to us that while functioning under section 11(6) of the act, a chief justice or the person or institution designated by him, 4s bound to decide whether he has jurisdiction, whether there is an arbitration agreement, whether .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-14-2008
Reported in : [2008(2)JCR267(Jhr)]; (2008)18VST289(Jharkh)
..... high court, placed before us by the respondent have no relevance.our attention has been invited to section 34 of the maharashtra agriculture income tax act, 1962 where when defining the revisional power of the commissioner the legislature has expressly incorporated a provision prohibiting the commissioner from exercising his revisional power ..... two notices requiring the appellant to show cause why the appellate orders passed by the assistant commissioner should not be revised under section 57 of the act. the appellant objected to the exercise of revisional power by the deputy commissioner during the pendency of the appeals before the tribunal. the deputy ..... 87 prescribes limitation of five years after expiry of which, the commissioner cannot exercise that power.38. similarly, section 33 of the tamil nadu general sales act, 1959 confers power of revision upon the deputy commissioner. section 34 prescribes special power of joint commissioner of commercial taxes. according to this section, the .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-04-2008
Reported in : [2008(2)JCR513(Jhr)]
ORDERM.Y. Eqbal, J.1. This writ application under Article 227 of the Constitution of India is directed against the order dated 21.2.2007 passed by 1st Additional Munsify Giridih in Title Suit No. 180 of 1997 by which he has allowed the application filed by the plaintiff-respondent for examination of documents by handwriting expert.2. The plaintiff-respondent filed the aforementioned suit for declaration of right, title and interest over the suit and further for setting aside the sale deed dated 8.12.1977 alleged to have been executed by Bukhlal Mahto and the plaintiff Mundrika Devi in favour of the original defendant and, further for confirmation of possession. During pendency of the suit, the plaintiff filed application for comparison of the thumb impression of plaintiff Mundrika Devi appearing in the sale deed dated 8.12.1977 with the thumb impression of late Bukhlal Mahto in the said sale deed and also with the admitted thumb impression on the gift deed dated 22.6.1987. The said app...
Tag this Judgment!Court : Jharkhand
Decided on : Apr-17-2008
Reported in : [2008(3)JCR251(Jhr)]
..... (2) cal hn 7, and also after considering the aforesaid decisions of different high courts of india, i am unable to hold that the learned munsif has in any way acted illegally and with material irregularity in the exercise of his jurisdiction in allowing the application for amendment of the plaint. apart from that i cannot appreciate the stand of the ..... the code of civil procedure. according to mr. choudhary, in view of the introduction of sub-section (5) of section 24 of the code of civil procedure by the amendment act of 1976 the dist. judge is now conferred with power to transfer the suit pending a court not having the jurisdiction to entertain the same to a court of competent ..... council in the case of ramdutt v. e.d. sasoon air 1929 pc 103 : 1929 all lj 254, it was considering whether the benefit of section 14 of the limitation act could be available to a plaintiff in the case of a second suit where the first still was found to have been instituted in the court which was found to .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-04-2008
Reported in : 2008(57)BLJR129; 2009CriLJ57
..... proceeding pending in the court below is dismissed and it is held that after the enactment of the amendment in the central law i.e. dowry prohibition act, 1961 by act 63 of 1984, now there is no requirement for taking prior sanction of the state government or such officer as the state government may, by general ..... offence punishable under section 498a ipc and sections 3/4 of the dowry prohibition act.5. the accused petitioners, by filing this application for quashing, are challenging the order taking cognizance as well as the order of framing charges against them. ..... then, finding prima-facie case made out against the accused persons, took cognizance of the offences under sections 498a ipc and section 3/4 of the dowry prohibition act. finding sufficient materials for issuance of process summons were issued. subsequently, by order dated 04/01/2006 the charges were also framed against the accused/petitioners for the .....
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