Court : Jharkhand
Decided on : Jul-02-2008
Reported in : [2008(3)JCR488(Jhr)]
..... maintain the custody of the petitioner and keep him in proper care and protection. it need not be emphasized that the provisions of section 12 of the juvenile justice act is a special provision under which the benefit of bail can be extended to the juvenile, irrespective of the nature of offence, and the only few exceptions to the ..... 's prayer for bail made on the ground that the offence is serious, is infact not tenable as because the provisions of section 12 of the juvenile justice act, being a special act, lays down that bail should be granted to the juvenile irrespective of the nature of offence, except on certain specific circumstances. it is further submitted that the ..... the order of the juvenile justice board, ranchi dated 16.12.2006 by which the petitioner's prayer for bail under the provisions of section 12 of the juvenile justice act has been rejected.2. the petitioner has been made accused for the offences under sections 302, 201/34 and 376 of the indian penal code.3. counsel for .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-02-2008
Reported in : [2008(3)JCR585(Jhr)]
..... the schools down.in the case of chatradhar mahto, it was inter alia held that the teachers not being workmen cannot complain violation of section 25f of the industrial disputes act; and that the decision to dispense with the services of the teachers was neither mala fide nor invalid; and that there was no employer and employee relationship between hcl and .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-02-2008
Reported in : [2008(4)JCR300(Jhr)]
..... also that the licensee or supplier, as the case may be, on deposit or payment of the assessed amount or electricity charges in accordance with the provisions of this act, shall, without prejudice to the obligation to lodge the complaint as referred to in the second proviso to this clause, restore the supply line of electricity within forty ..... comply with the formalities and, therefore, the sanctioned load of the petitioner remained as it is, but petitioner was not drawing extra load.4. section 126 of the act, inter alia, provides that if on an inspection of any place or premises, or after inspection of records, the assessing officer comes to the conclusion that there has ..... but even after the expiry of a long time, no order of provisional assessment has been served on the petitioner in terms of section 126 of the electricity act, 2003 (for short 'the act'). he relied on air 2006 cal 65 kawsar ali etc.2. mr. j. dubey, appearing for the jharkhand state electricity board (for short 'the board .....
Tag this Judgment!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 : Jun-27-2008
Reported in : AIR2009Jhar14; 2008(56)BLJR2914; [2008(4)JCR162(Jhr)]
..... its discretion as to cases in which it may apply for leave and in cases where they may not apply for leave to withdraw. the remedies under npa act and drt act are complementary to each other and, therefore, the doctrine of election has no application to the present case.49. on perusal of the said decision of ..... directing the respondents-bank to consider the objection filed by the petitioner and take decision by passing a reasoned order before proceeding under section 13(4) of the said act, 2002.42. the respondents-bank in case of non-acceptance of objection/representation was duty bound to communicate the reason within one week, but the same has ..... disposed of directing the respondents-bank to consider the objection/representation filed by the petitioner and pass a reasoned order before proceeding under section 13(4) of the said act, 2002.9. the petitioner filed representation dated 14.1.05 before the respondents-bank regarding compliance of the said order of this court. it is pertinent to .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-27-2008
Reported in : 2008(56)BLJR2487; [2008(118)FLR1063]; [2009(1)JCR670(Jhr)]; (2009)ILLJ163Jhar
..... has come to an end or of ad hoc employees who by the very nature of their appointment do not acquire any right. the high courts acting under article 226 of the constitution, should not ordinarily issue directions for absorption, regularization, or permanent continuance unless the recruitment itself was made regularly and ..... and was retrenched from service without any prior notice or payment of retrenchment compensation in violation of the provisions of section 25f of the industrial disputes act, 1947. the management of the food corporation of india contested the claim of the workman by counter asserting that the concerned workman was engaged as ..... laheria serai, darbhanga, in retrenching shri govind kumar choudhary who urns working as a casual typist, arbitrarily and in violation of section 25f of the industrial disputes act, and denying reinstatement with full back wage is legal and justified if not to what relief the concerned workman is entitled to?the industrial tribunal no. 1 .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-27-2008
Reported in : [2008(3)JCR642(Jhr)]
..... . 1,80,000/- with the simple interest @ 6% per annum till the realization after deducting rs. 50,000/- being the ad interim compensation under section 140 of the m.v. act.5. learned counsel for the appellant assailed the impugned judgment/award on the ground that the specific case of the appellants before the tribunal was that the deceased was working ..... in m.v. claim case no. 94 of 2004 against the inadequate compensation granted to the appellants-claimants by way of final award under section 166 of the m.v. act, 1988.2. the claimants had demanded a sum of rs. 8,00,000/- on the accidental death of prabhat kumar mishra aged about 26 years who was the son of .....
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 : Jun-24-2008
Reported in : 2008(56)BLJR2496; [2008(3)JCR391(Jhr)]
..... to protect responsible public servants against the institution of possible vexatious criminal proceedings for offences alleged to have been committed by them while they are acting or purporting to act as public servants. the policy of the legislature is to afford adequate protection to public servants to ensure that they are not prosecuted for ..... petitioner is a member of indian forest service guided by the all india services (discipline and appeal) rules, 1969. the allegation was related to the acts purported to have been done during his tenure in service and in discharge of his official duties and, therefore, sanction for the criminal prosecution of the ..... no material to proceed against the petitioner, the forest department (prosecution) whimsically persuaded and got the matter referred to the state c.i.d. which acted according to the choice of the department and submitted chargesheet after lapse of more than seven years without rhyme and reason, perfunctory in nature and virtually a .....
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 .....
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