Court : Jharkhand
Decided on : Jun-30-2008
Reported in : 2008(57)BLJR12
..... offence was taken for the offence under sections 120b, 420, 467, 471 i.p.c. and section 13(2) read with section 13(i)(d) of the prevention of corruption act against the petitioner under the allegation that the petitioner being the director of the central mining research institute, dhanbad (in short cmri) in prosecution of criminal conspiracy incurred loss to ..... submitted that in view of advance medical treatment available in india the petitioner may not be permitted to leave the country, who is facing serious charges under prevention of corruption act besides other allegations in i.pc. even no reference letter of any u.s.a. based doctor for the required treatment of his wife has been submitted by the petitioner .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-23-2008
Reported in : 2008(56)BLJR2898; [2008(4)JCR5(Jhr)]
..... the h.t. agreement entered into by and between the petitioners and the respondent-board are unconstitutional and unsustainable under section 23 of the indian contract act on the ground that the said clauses are unjust, unfair, unreasonable and against the public policy7. admittedly, with full knowledge and consciousness, the petitioners entered ..... same way as above. 5. the jharkhand state electricity regulatory commission, in exercise of its power conferred by section 181 read with section 50 of the electricity act, 2003, darned regulation called 'jharkhand state electricity regulatory commission' (electricity supply code), regulation, 2005. clause 7.5 of the said regulation reads as:7. ..... of minimum guarantee charges for the rest of the period of agreement as being violative of the provisions of the constitution of india and the contract act.3. the respondent-board, in the counter-affidavit, has denied and disputed the allegation that there had been frequent power tripping. the duration of .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-28-2008
Reported in : 2009(57)BLJR332
..... in the case is vitiated by some manifest illegality or the conclusion recorded by the court below is such which could not have been possibly arrived at by any court acting reasonable and judiciously and is, therefore, liable to be characterized as perverse. where two views are possible on an appraisal of the evidence adduced in the case and the court ..... essential ingredients of sections 323, 494 and 498a of the indian penal code were clearly made out. it has also been contended that section 114(g) of the indian evidence act was attracted as the second wife, second father-in-law and second mother-in-law of the accused were absconding.7. counsel for the respondent has referred to and relied .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-08-2008
Reported in : 2008(56)BLJR2464; [2008(3)JCR454(Jhr)]
..... eviction, if the defendant-tenant fails to comply the direction for deposit of rent in compliance of order passed under 15 of the bihar building (lease, rent and eviction) control act, 1982, the defence of the defendant quo tenant is struck off. meaning thereby, the defendant-tenant cannot defend the suit for eviction as a tenant, but he can defend the ..... m.y. eqbal, acting c.j.1. this application under article 227 of the constitution of india by the defendants-petitioners is directed against the order dated 03.3.2008 passed by addl. district .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-24-2008
Reported in : 2008(56)BLJR2482; [2008(3)JCR686(Jhr)]
..... section 13 is reproduced herein below:13. enforcement of security interest.- (1) notwithstanding anything contained in section 69 or section 69a of the transfer of property act, 1882 (4 of 1882), any security interest created in favour of any secured creditor may be enforced, without the intervention of the court or tribunal, ..... representation, has proceeded under section 13(4) of the act in accordance with prescribed provisions and there is no arbitrariness or illegality on their part.6. i have heard learned counsel for the parties and considered the ..... received any such representation of the petitioner dated 14.12.2007, though the petitioner has claimed that the representation under section 13(3-a) of the act was sent through the registered post, but no such registered article was received containing petitioner's representation. the respondent-bank, in absence of any such .....
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 : Aug-06-2008
Reported in : 2008(56)BLJR2943
..... ix of the code of criminal procedure relating to order for maintenance of wife, children and parents.6. section 19 of the act lays down the provision of appeal which reads as under:19. appeals.-- (1) save as provided in sub-section (2) and notwithstanding anything contained in the code ..... and (b) such other jurisdiction as may be conferred on it by any other enactment. 5. from bare perusal of sub-section (2) of section 7 of the act, it is manifestly clear that in addition to jurisdiction conferred by sub-section (1), the family court shall also exercise jurisdiction which is exercisable by a magistrate under chapter ..... a suit or proceeding in relation to the guardianship of the person or the custody of, or access to any minor. (2) subject to the other provisions of this act, a family court shall also have and exercise- (a) the jurisdiction exercisable by a magistrate of the first class under chapter ix (relating to order for maintenance of wife, .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-23-2008
Reported in : 2008(57)BLJR23
..... leave any reasonable ground for a conclusion consisted with the innocence of the accused and it must be such as to show that within all human probability, the act must have been done by the accused. therefore, the court must satisfy itself that various circumstances in the chain of events have been established clearly and such completed ..... to offer an explanation on the basis of facts within his special knowledge, he fails to discharge the burden cast upon him by section 106 of the evidence act. in a case resting on circumstantial evidence if the accused fails to offer a reasonable explanation in discharge of the burden placed on him, that itself provides an ..... disappeared. the supreme court observed:23. it is not necessary to multiply with authorities. the principle is well settled. the provisions of section 106 of the evidence act itself are unambiguous and categoric in laying down that when any fact is especially within the knowledge of a person, the burden of proving that fact is upon him .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-05-2008
Reported in : 2008(57)BLJR117; [2008(4)JCR260(Jhr)]
..... tribes. it is also admitted fact on record that part-iii of the schedule of constitution of india and the scheduled castes and scheduled tribes orders (amendment act), 1976, english version shows in the list only 'lohra'/'lohara' and not 'lohar'. however the petitioner's counsel stressed that in such circumstances the authorized ..... bench of patna high court in harisharan thakur case 1994 (2) pljr 540. therefore the returning officer having relied upon nitya nand sharma's case has acted illegally, rejecting the nomination papers of the petitioner. sri singh further pointed out that the returned candidate has described himself his religion as 'christan' and in ..... authorities to give them social status certificate as scheduled tribes. this court dismissed the writ petition holding that no direction could be issued to authorities to act contrary to the constitution and the laws and that the writ petition was, therefore, held not maintainable. this would give an insight into the consistent .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-17-2008
Reported in : AIR2009Jhar84; 2009(57)BLJR680; [2009(1)JCR318(Jhr)]
..... . 1 / objector, and by allowing the objector to adduce evidence in support of his independent claim of right, title and interest over the suit property, the learned court below has acted without jurisdiction and against the provisions of order 21 rule 97 as also against the provisions of order 21 rule 104 cpc. learned counsel explains that the objector / respondent no ..... a suit for eviction of the respondent no. 2 from the suit premises under the provisions of section 11(1)(d) of the bihar building (lease, rent and eviction) control act, 1982. the suit was decreed in favour of the petitioner / plaintiff by order dated 5.8.2006.3. the petitioner thereafter filed an application before the court below under order .....
Tag this Judgment!