Court : Jharkhand
Reported in : I(2005)ACC283; 2006ACJ557; [2005(1)JCR1(Jhr)]
..... air 2004 sc 2107, while considering the provisions of section 163a of the act and the second schedule their lordships of the supreme court after considering the earlier decision finally held that since the provisions of section 163a being the social security provisions, the benefit of which is available only to those whose annual income is upto rs. ..... --(1) notwithstanding anything contained in this act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorized insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation as indicated in the second schedule, to the legal heirs or the victim, as the case may be. ..... the learned counsel also submitted that despite the specific provision in section 163a that the central government may, keeping in view the cost of living, by notification in official gazette from time to time amend the schedule, nothing has been done so far. ..... all other claims are required to be determined in terms of chapter xii of the act.18. ..... , (1996) 4 scc 362, and their lordships held that calculation of compensation and the amount worked out in the second schedule suffers from several defects. ..... (iii) whether the accident took place on 22.9.2002 as alleged in the application for compensation? .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1185; [2007(2)JCR357(Jhr)]
..... 10 of the act and chapters ii, iii and iv of the rules, deal with the grant of prospecting licences and mining leases in the land in which the minerals vest in the government ..... in the words of the court: the law may, therefore, now be taken to be settled as a result of this decision, that where the government makes a promise knowing or intending that it would be acted on by the promisee and, in fact, the promisee, acting in reliance on it, alters his position, the government would be held bound by the promise and the promise would be enforceable against the government at the instance of the promisee, notwithstanding that there is no consideration for the promise and the promise is not recorded in the form of a formal contract as required by article 299 of the ..... senior counsel appearing for one of the petitioners submitted that even if the state had the power to reserve any area for exploitation by public sector undertaking, the said notification became nonest and stood repealed after the rule 58 was omitted by amendment act of 1987 which has no ..... vide letter dated 6.9.2004, the central government directed the state government to submit a comparative statement of the merits of all the applicants with adequate justification in the interest of mineral development to justify the grant of mining lease to the petitioner in preference ..... further security it is provided in those contracts that escrow account shall be opened and maintained by mpeb to secure payment of the amount equal to 1.5 times the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(4)JCR330(Jhr)]
..... the petitioner, an amendment to the bye-laws of the school was introduced by the governing body in april, 2002 but the same has not been given effect to in line with the bye-laws in vogue in schools under albicsa, this is despite an assurance extended by the management of the school to the ..... the absence of any regulation, bye-laws or policy-decision by the respondent-management regarding the age of superannuation, we accept the contention of the petitioner that prior to the coming into force of the act and the rules the management was following the delhi education code which provided 60 years as the age of superannuation for the ..... the council has laid down the minimum qualifications for the teaching staff (see chapter 11); if, however, the state department of education has prescribed other minimum qualifications the council will take them into consideration in deciding the affiliation of the ..... because in the absence of recognition, education imparted therein may not really serve the purpose as for want of recognition the students passing out from such educational institutions may not he entitled to admission in other educational institutions for higher studies and may also not be eligible for securing jobs. ..... iii of the constitution or any other right which the law ..... 2004)illj1038sc , hon'ble supreme court came across a dispute relating to increase in the age of retirement of employees of the public sector corporations at par with the central government employees consequent upon the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(1)JCR173(Jhr)]
..... at the very outset that the allegation of corrupt practice within the meaning of sub-section (1) to (8) of section 123 of the said act made in the recrimination petition are regarded quasi criminal in nature for which strict proof is required because of the fact that the consequences are not only very serious but also penal in nature and on the proof of any of the corrupt practice as alleged that the election petitioner has committed corrupt practice, he may be punished for imprisonment under chapter iii of part vii of the act and ..... is equally relevant to mention here that if the concise statement of the material facts and the full particulars of any corrupt practice are absent in the recrimination petition as required under the provisions of the act its non-compliance entitals its non- consideration though the maker of the recrimination petition has the right to amend the recrimination petition for furnishing the full particulars in respect there even after the expiry of the period of limitation. ..... the case of the petitioner, in brief, is that he was one of the contesting candidates in the election of 318 panki assembly constituency held in the year 2000 and he in fact has secured the majority of the valid votes in the said election but the returning officer has illegally and contrary to law rejected 258 valid ballot papers which was polled in his favour on the flimsy ground i.e ..... of bihar and others, air 2004 sc 2036 it has been submitted by the learned counsel for respondent no. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2005(2)BLJR1059; [2005(2)JCR293(Jhr)]
..... 2004, 301 of 2004, 271 of 2004, 308 of 2004, 445 of 2004, 236 of 2004, 269 of 2004, 235 of 2004, 548 of 2004, 518 of 2004, 300 of 2004, 289 of 2004 and 273 of ..... . it has been constituted to perform the functions, as envisaged under section 6 of the act, 1962, such as :(i) to promote the spread of hindi language;(ii) to work for the promotion, advancement and development of hindi literature in india and foreign countries;(iii) to work for promotion, development and advancement of devnagari script;(iv) to arrange for holding the examination through the medium of hindi language and to ..... the particular facts proved, or assumed to be proved, since the generality of the expressions which may be found there is not intended to be exposition of the whole law, but governed and qualified by the particular facts of the ..... 1996 by its order dated 5th september, 1997 having noticed the advertisement dated 8th october, 1991 and the fact that although selection for appointment to the post of assistant teacher was made in august, 1994, no step had been taken by the state government for imparting training to the untrained teachers, directed the state government to take immediate steps to finalize the syllabus of training course and to complete the ..... appointment as primary teacher under rule 2(kha), as amended by jharkhand primary school amended recruitment rules, 2003, english version of which ..... the basis of average grade point secured, the final grade is awarded accordingto ..... chapter iv of act .....
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