Court : Jharkhand
Decided on : Jul-16-2008
Reported in : [2008(3)JCR538(Jhr)]
..... complaint petition, were repeated. the names of the present opposite party nos. 2 to 6 though appear in the evidence of the witnesses but no specific overt act has been attributed to them nor has any date being specified in respect of the allegations of cruelty leveled against them. on the contrary, it appears that ..... . the petitioner thereafter filed a complaint before the dig of police. hazaribagh forwarding a copy thereof to the high court and under the administrative orders of the acting chief justice, the superintendent of police was asked to enquire and to take necessary action on the allegation made by the petitioner. however, in the meantime, ..... case at the sadar police station was registered for the offences under sections 398-a and 307 of the ipc and under section 3/4 of the dowry prohibition act. after concluding the investigation, the police submitted charge-sheet recommending trial of the husband. sanjay gupta only while the remaining accused persons, namely, the present opposite .....
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 : Jul-15-2008
Reported in : [2008(3)JCR531(Jhr)]
..... superannuation in 2006 itself and as the award of reinstatement could not be implemented, he could not be granted back wages also under section 17-b of the act.2. the counsel for the appellant has preferred this appeal against the aforesaid order passed by the learned single judge and has contended that the age of superannuation ..... which has been admitted and is pending consideration. during pendency of the writ petition, the appellant-workman filed an application under section 17-b of the industrial disputes act claiming wages on the basis of the salary last drawn by him. the learned single judge was pleased to reject the application claiming wages on 1.5.2007 on ..... the application bearing la. no. 599/2007 was rejected which was the application filed by the appellant-workman claiming wages under section 17-b of the industrial disputes act on the basis of the salary last drawn by him as he had succeeded before the labour court which had passed award in his favour for his reinstatement with .....
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 : Jul-11-2008
Reported in : 2008(56)BLJR2736; [2008(4)JCR154(Jhr)]
..... shot was not specific against the petitioner and that no fired cartridge was recovered from the place of occurrence, as such, there was no allegation under the arms act against the petitioner.8. the entire allegation, according to the learned counsel, was misconceived and the learned sessions judge, ignoring the settled principle of law, cancelled ..... of the fact that no cartridge was recovered from the place of occurrence and the concluding part reveals as such, there is no allegation under the arms act against the petitioners. the allegation of firing shot against the petitioner and co-accused was general in the written report though specific against gopal chandra saha that ..... was no allegation against him of using firearms and that no cartridge was recovered from the place of occurrence, as such there was no allegation under the arms act against the petitioner.4. having been relied upon such averment, the learned sessions judge by order dated 1.4.2008 recorded under section 439(2) code of .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-11-2008
Reported in : [2008(4)JCR122(Jhr)]
..... reported in (2007) 1 scc 663 (jaswant singh gill v. bharat coking coal ltd.), the hon'ble supreme court clearly held that the provisions of the gratuity act will prevail over the rules framed by the coal india limited, known as coal india executives conduct, discipline and appeal rules, 1978. the hon'ble supreme court ..... before the controlling authority and after the pleadings were completed, specific contention was raised that under the provisions of section 4(6)(a) of the payment of gratuity act, unless the services were terminated, there could not be any forfeiture of gratuity. the controlling authority, respondent no. 2 herein, without waiting for the disciplinary proceedings ..... appeal of the writ petitioner was dismissed. petitioner has also prayed for quashing the findings of the controlling authority dated 26.6.2002 under the payment of gratuity act in application no. 36/19/2001-e.6, whereby, a decision was issued to the petitioner-management to pay the gratuity amounting to rs. 3.50, .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-09-2008
Reported in : 2008(56)BLJR2447; [2008(4)JCR62(Jhr)]
..... its subordinate executive action.33. i also respectfully endorse the same view. the policy decision is not only a guideline for the government meant to be followed and acted upon, but the same is also a promise to the players, parties and beneficiaries related to such policy decision who plan their venture, shape their future, make ..... or any action contrary to the said provisions, tantamounts to frustrating and causing loss and injury to such enterprises which alter their position, financial or otherwise, acting on such promise given by way of policy decision.35. the government or an agency of the government of a welfare state cannot be allowed to deviate ..... from its policy decision or to act contrary to the said provisions. any such deviation is not fair, equitable, legal and reasonable. such deviation or action contrary thereto being unreasonable offends article 14 .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-08-2008
Reported in : 2009(57)BLJR321; [2008(4)JCR525(Jhr)]
..... section (2) of section 41 provides that the council shall maintain a register of institution imparting intermediate (+2) education in accordance with the provisions of this act. sub-section (3) of section 41 provides that every recognized institution imparting intermediate (+2) education shall be given a certificate of registration in the form prescribed ..... has been obtained for the purpose.(2) the council shall maintain a register of institution imparting intermediate (+2) education in accordance with the provisions of this act. the register shall contain such entries as may be prescribed by the council.(3) every recognized institution imparting intermediate (+2) education shall be given a ..... in the year 1992. the council was empowered to constitute the governing body of the recognized college under section 44 of the bihar intermediate education council act. in view of the above, the university had no role in the matter of the said college. the college was under the direct control of .....
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 : Jul-03-2008
Reported in : [2008(3)JCR595(Jhr)]
..... , it has been submitted on behalf of the petitioner that the record of rights has been prepared under the statutory provision of section 84 of the chhotanagpur tenancy act (cnt act). the said provision provides that all the entries in the record of rights shall be presumed to be correct, unless proved to be incorrect. the petitioner has ..... claimed that by user, the nature of the land has been changed. the provision of cnt act prescribes restricted uses of raiyati land. no order passed by any competent court/authority has been brought on record to rebut the legal presumption of correctness of the entry ..... by all the authorities concerned. they have concurrently found that the land, being raiyati, no action can be taken under the provision of the bihar public land encroachment act.4. i have heard learned counsel for the parties and considered the facts and materials on record.5. on perusal of the impugned order, i find that the .....
Tag this Judgment!