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 : 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 : 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 : 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 : 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 : Dec-23-2008
Reported in : 2009(57)BLJR945
..... an officer empowered by the government in this regard for lodging a complaint before a magistrate for the offence under section 54 of the jharkhand mines and minerals act which is a self contained penal section.7. advancing his argument learned counsel mr. kumar submitted that when penal provisions have been provided in special (sic) ..... i.r. was not instituted by a competent officer of the mining department authorized to lodge the complaint under section 54 of the jharkhand mines and minerals act. in the instant case the raid was conducted by a police officer of the rank of sub-inspector who had also made search and seizure and ..... was produced in relation to authority for quarrying stones from the hillock. both the vehicles were seized and the case was instituted under various sections of different acts as stated above against the petitioners including the employer jagarnath sahu for doing illegal mining in protected forest and illegally carrying minor minerals (stone chips).3. the .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-18-2008
Reported in : 2009CriLJ1906
..... defrauded the complainant opposite party no. 2 deliberately with malafide intention.3. the trial court convicted the petitioner after full trial for the charge under section 138 of n.i. act and sentenced him undergo s.i. for one year and to pay compensation rupees 1,50,000/- to the complainant. against the aforesaid conviction and sentence, the petitioner preferred ..... r. no. 191 of 2007 arising out of c/1 case no. 72 of 2001 by which the trial court has convicted the petitioner under section 138 of n.i. act and sentenced him s.i. for one year and further pay compensation of rs. 1,50,009/- has been affirmed.2. short fact of the case is that the ..... similar circumstances of resolution of disputes between the parties and also on the fact that the offence under section 138 of n.i. act in which petitioner has been convicted, is compoundable under section 147 of the act.6. mr. suraj kumar learned counsel appearing on behalf of the opposite party no. 2 submitted that the parties have entered into .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-18-2008
Reported in : [2009(2)JCR382(Jhr)]
..... , construction of boundary wall and laying deep tube well boring.51. the petitioner at this stage filed an application dated 10.5.2007 (annexure-25) under the 'right to information act' seeking detail regarding the process of allotment of plot no. 6.52. the petitioner, thereafter, filed writ petition being w.p.(c) no. 3021 of 2007 challenging the letter dated .....
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!Court : Jharkhand
Decided on : Dec-17-2008
Reported in : 2009(57)BLJR671; [2009(1)JCR549(Jhr)]
ORDERAjit Kumar Sinha, J.W.P. (S) No. 3861 of 20031. The present writ petition has been preferred for the following reliefs:(i) For issuance of writ in the nature of certiorari for quashing the order dated 25.7.02 passed by the Superintendent of Police, Railway (Respondent No. 3 herein) by which the petitioner was dismissed from service and for quashing the order dated 4.7.03 passed by the Appellate Authority, respondent No. 3 herein.(ii) For a direction to the respondents authority to reinstate the petitioner with all consequential benefits in accordance with law.2. The facts, in brief, are set out as under:The petitioner was appointed as a Constable in December, 1983 in the district of Patna and thereafter performed his duty having brilliant service record without any stigma or punishment for the last 19 years. In the year 2001 while the petitioner was posted at Railway Police Station, Jamshedpur, he was found guilty of extortion and snatching Rs. 500/- from the passenger of Gitanjal...
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