Court : Jharkhand
..... the court of session, charge was framed against all the three accused for the offences under sections 302 / 34 of the indian penal code and section 27 of the arms act, and upon the accused persons' pleading not guilty and claiming to be tried, they were put to trial. in course of trial, 11 witnesses have been examined on ..... 2004, corresponding to g.r no. 397 of 2004 was instituted for the offences under sections 302 / 34 of the indian penal code and section 27 of the arms act, against the accused persons and the investigation was taken up. it appears that after investigation, the police submitted the charge-sheet against three accused appellants, who had faced the ..... under sections 302 / 34 of the indian penal code, and r.i. for five years with fine of rs.1000/- for the offence under section 27 of the arms act, and both the sentences were directed to run concurrently.4. the prosecution case was instituted on the basis of the fardbeyan of manmohan sah, the father of the deceased gunnidhi .....
Tag this Judgment!Court : Jharkhand
..... to surya sonal singh, present petitioner. learned senior counsel has also referred to the information obtained from the income tax department under the right to information act to substantiate his contention that balance sheet was indeed filed. it has been stated that only on assumption and presumption, petitioner has been implicated in the ..... co-accused-surya sonal singh, present petitioner. the veracity of the balance sheet has sufficiently been substantiated by the information received under the right to information act and the same also finds mention in the order of the adjudicating authority at clause 8.12. the adjudicating authority on proper assessment of the documentary ..... evidence as well as the statement of the accused recorded under section 50 of the prevention of money laundering act had released the property attached with respect to all the live units. it is also to be noted herein that the petitioner or for that matter .....
Tag this Judgment!Court : Jharkhand
..... crore was advanced to surya sonal singh. learned senior counsel has also referred to the information obtained from the income tax department under the right to information act to substantiate his contention that balance sheet was indeed filed. it has been stated that only on assumption and presumption, petitioner has been implicated in the present ..... crore to co-accused-surya sonal singh. the veracity of the balance sheet has sufficiently been substantiated by the information received under the right to information act and the same also finds mention in the order of the adjudicating authority at clause 8.12. the adjudicating authority on proper assessment of the documentary ..... evidence as well as the statement of the accused recorded under section 50 of the prevention of money laundering act had released the property attached with respect to all the live units. it is also to be noted herein that the petitioner or for that matter .....
Tag this Judgment!Court : Jharkhand
..... and shows non-application of mind. she submits that the petitioner had obtained b.ed. degree much before coming into force of the national council teacher education act (ncte act). the said act came into force on and from 01.07.1995, which mandates that only affiliated college can impart education and grant degree of b.ed. as per the ..... be set aside. counsel for the state submits that the appointment of the petitioner was approved on 10.07.1995 and on that date national council for teacher education act was in force and that being so the appointment of the petitioner, who has obtained b.ed. degree from an unaffiliated college is absolutely bad. she submits that ..... said that the petitioner has obtained degree from an unaffiliated college. it is submitted that on 09.05.1994 there was no provision of granting affiliation as the ncte act was not there. she further submits that the appointment of the petitioner was duly approved on 10.07.1995 with effect from 01.11.1994 itself. she lastly .....
Tag this Judgment!Court : Jharkhand
..... services limited, represented through its director sri jitendra nath upadhyaya. the petitioner obtained licence on 16.12.2008 under the contract labour (regulation & abolition) act, 1970 and contract labour (regulation & abolition) central rules, 1971 and used to take work on contract basis from the indenting organisations. it is further ..... of the terms and conditions of the licence, the petitioner was required to disburse wages to the contract labourers as prescribed under the minimum wages act, 1948, but the petitioner deliberately avoided to disburse the minimum wages and, therefore, the applicant (the labour enforcement officer) rightly filed claim application ..... made in presence of any representative of the principal employer. after making the detailed factual and legal discussion, the authority under the minimum wages act reached a conclusion that the contention of the petitioner is not factually and legally acceptable. consequently, the said authority held the petitioner liable for .....
Tag this Judgment!Court : Jharkhand
..... 125 of the code of criminal procedure. however, the respondent-wife shall be free to file appropriate application in the family court below, under section 25 of the hindu marriage act.20. this appeal is accordingly, dismissed being bereft of any merit. i.a. no. 6240 of 2016 also stands disposed of. ( h. c. mishra, j.) (ananda sen, j.) ..... option, but to file the criminal case against her husband under section 498-a of the indian penal code and she had also filed a case under the domestic violence act. the allegation that she had deserted her husband, was also absolutely false as she was continuously living and residing in her matrimonial home. she has also stated that by ..... husband appellant for dissolution of the marriage between the parties by a decree of divorce, under section 31(i) (i-a), (i-b) and (iii) of the hindu marriage act, 1955, on the grounds of cruelty and desertion by the respondent wife, as also on the ground of her mental disorder, has been dismissed on contest.3. it may be .....
Tag this Judgment!Court : Jharkhand
..... the issue. the question for consideration was not whether the td passbook pledged by the fifth respondent is genuine or not. the question for consideration was whether the committee acted arbitrarily or irrationally in rejecting the said td passbook. 24. in the case of ashoka smokeless coal india (p) ltd. & others vs. union of india & ..... favour someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say: the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached ; (ii) whether public interest is affected. if the answers are in the negative, there should ..... down. the resumption of the reverse auction after the technical snag was corrected was in accordance with the terms and conditions of the nit. therefore, the act of resumption of the reverse auction process being in conformity with the terms and conditions of the nit and being without doubt was on account of the technological .....
Tag this Judgment!Court : Jharkhand
..... andhra pradesh, reported in (1993) 2 scc684 the law in this regard is well settled by the hon'ble supreme court as follows:-"8. section 32(1) of the evidence act is an exception to the general rule that hearsay evidence is not admissible evidence and unless evi- dence is tested by cross-examination, it is not creditworthy. under section 32 .....
Tag this Judgment!Court : Jharkhand
..... , corresponding to g.r. no. 294 of 1990 was -3- instituted for the offences under sections 302 / 34 of the indian penal code and section 27 of the arms act, against the accused persons and investigation was taken up. after investigation, the police submitted the chargesheet in the case.5. after commitment of the case to the court of session ..... for life for the offences under sections 302 / 34 of the indian penal code. no separate sentence was passed for the offences under sections 27 and 35 of the arms act.4. the prosecution case was instituted on the basis of the fardbeyan of the informant ashok kumar, recorded at sadar hospital, daltonganj, on 11.3.1990 at 20.15 ..... appellant laxmi ram @ lachmi narayan ram has been found guilty and convicted for the offences under section 302 of the indian penal code and section 27 of the arms act, whereas the other two appellants have been found guilty and convicted for the offences under sections 302 / 34 of the indian penal code and section 35 of the arms .....
Tag this Judgment!Court : Jharkhand
..... , corresponding to g.r. no. 294 of 1990 was -3- instituted for the offences under sections 302 / 34 of the indian penal code and section 27 of the arms act, against the accused persons and investigation was taken up. after investigation, the police submitted the chargesheet in the case.5. after commitment of the case to the court of session ..... for life for the offences under sections 302 / 34 of the indian penal code. no separate sentence was passed for the offences under sections 27 and 35 of the arms act.4. the prosecution case was instituted on the basis of the fardbeyan of the informant ashok kumar, recorded at sadar hospital, daltonganj, on 11.3.1990 at 20.15 ..... appellant laxmi ram @ lachmi narayan ram has been found guilty and convicted for the offences under section 302 of the indian penal code and section 27 of the arms act, whereas the other two appellants have been found guilty and convicted for the offences under sections 302 / 34 of the indian penal code and section 35 of the arms .....
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