Court : Jharkhand
Reported in : [2003(3)JCR605(Jhr)]
..... in appears that the government of india, ministry of labour, in exercise of powers conferred upon them under section 10(1)(d) of the industrial disputes act, 1947, referred the following dispute to the tribunal for adjudication :'whether the action of the management of moonidih area, moonidih of m/s bharat coking coal limited, dhanbad in dismissing shri puttar mahato, prm t.no. ..... the concerned workman, puttar mahato was in the employment of the petitioner-company and he was dismissed with effect from 24.12.1986 on account of certain misconduct. ..... the tribunal after recording the above finding came to the following conclusion :'i have held the concerned workman guilty of misconduct under clause 17(1)(r) of the certified standing order which was an act of abusing and assaulting. ..... 5815 from the service of the company with effect from 24.12.1986 is justified? ..... once an act of misappropriation is proved, may be for a small or large amount, there is no question of showing uncalled for sympathy and reinstating the employees in service. ..... act to grant relief with minor penalty.'11. ..... act.7. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2006CriLJ3552
..... the facts which led to the prosecution of the appellants and their ultimate conviction can be briefly summarized as follows:on 18-6-1986 at about 7.00 am, d-1 babulal marandi and d-2 chandrai marandi were ploughing the land in dispute on the direction of p.w.7 sumi soren. ..... state of tamil nadu : 1997crilj219 , the supreme court held as follows:under section 105 of the evidence act a rule of burden of proof is prescribed that the burden is on the accused to prove the existence of circumstances bringing the case within any of the exceptions 'and the court shall presume the absence of such circumstances'. ..... to establish the defence version and they not having established their right of private defence, this court cannot but presume the absence of the circumstances contemplated under sections 105 and 101 of the evidence act, 1872. ..... when the appellants have taken a specific plea of self-defence, then it was upon them to prove the said fact under section 105 of the evidence act. ..... it is not in dispute that the occurrence took place at 7.00 am on 18-6-1986. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(4)JCR73(Jhr)]
..... such excess @ 9% per cent annum from the date on which the collector took possession of the land to the date of payment of such excess into the court and by operation of the proviso to section 28 inserted by amending act, 1894, if such excess or any part thereof is paid into the court after the date of expiry of a period of one year from the date on which possession is taken, interest at the rate of 15% per annum payable ..... of both the cases aforesaid it has been observed by the apex court in the case of filip tiago de gama, (supra) which is quoted hereunder :'...........the amended section 23(2) by itself is not retrospective in operation section 30(2) of amendment act of 1984 which is a transitional provision provides that amended provisions of section 23(2) shall apply, and shall be deemed to have applied, also to, and in relation to, any award made by the collector or court between 30th april, 1982 and ..... excess compensation awarded by the court and on the compensation in cases where possession of land was taken before payment of compensation were also increased substantially @9% and a proviso was inserted in section 28 of the said act whereby interest @ 15% shall made applicable from the date of expiry of the said period of one year on the amount of such excess or part thereof which has not been paid into the court before the ..... this case the award of the collector under section 11 of the said act was made on 22.5.1971 and award of the court was made on 11.12.1986/ 20.12.1986 i.e. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR347(Jhr)]
..... a clear cut classification and executed transactions embodied in more than one document from that category of mortgages, therefore, it is reasonable to suppose that persons who, after the amendment in section 58 of the transfer of property act choose not use two documents, do not intend the transaction to be a sale, unless they displace the presumption by clear and express words; and if the conditions of sec-lion 59 are fulfilled, then the deed should ..... only a period of five years to be the duration of such opportunity with clear understanding, which was effective from 13.12.1985 and such period of five years came to an end on 12.12.1990 and the period from 1.1.1986 to 31.12.1990 as mentioned in the said document was simply artificial, ab initio void and the plaintiff cannot take advantage thereof. ..... in view of clear recital in exhibit-b that the five years' period mentioned therein was to commence from 1.1.1986 and not from 13.12.1985, when the said document was executed, in my opinion, there is no substance in the argument of ..... under the proviso to section 58 @ of the transfer of property act, if the sale and agreement to repurchase are embodied in separate documents, then the transaction cannot be a mortgage, whether the documents are contemporaneously executed ..... a registered deed of agreement (exhibit-3) in favour of the plaintiff undertaking to reconvey the said property on the same consideration amount within a period of five years, commencing from 1.1.1986 to 31.12.1990.2. .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2007Jhar104; 2007(2)BLJR1802; [2007(3)JCR4(Jhr)]
..... the law laid down by the supreme court, we are of the view that since marriage between the parties has broken down irretrievably and the parties have been living separately since 1986 and also having regard to the fact that appellant has remarried in 1988, it is fit and proper to dissolve the marriage but at the same time some conditions must be imposed upon the ..... the pendency of the instant appeal, on 15.3.2007 a supplementary affidavit was filed by the appellant stating inter alia that he has been residing separately with the respondent since 1986 and there is no possibility of the appellant and the respondent resuming marital life since there has been an irretrievable break down of the marriage between the appellant and the ..... 2007, the appellant filed an affidavit stating, inter alia, that after the respondent left ranchi in 1986, she lodged fir under sections 498a, 434, 324 of the indian penal code and under the sections of dowry prohibition act which were dismissed. ..... the following orders:the supplementary affidavit has been field by the appellant stating inter alia that both the appellant and the respondent have been residing separately since february, 1986 and there is no possibility of their resuming marital life. ..... lived together till april, 1986 and then parted company ..... 12 of 1986 against the respondent-wife under section 13 of the hindu marriage act for a ..... (r) whereby the learned single judge set aside the judgment and decree dated 30.9.1986 passed by the 4th addl. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(3)JCR236(Jhr)]
..... can be delinked from the delinquent public servant for the purpose of trial of the offence.if a non-public servant is also a member of the criminal conspiracy for a public servant to commit any offence under the pc act, or if such non-public servant has abetted any of the offences which the public servant commits, such non-public servant is also liable to be tried along with the public servant before the court of a special ..... whereas both the petitioners were prosecuted for the offence under section 109 of the indian penal code read with section 13(1)(e) and 13(2) of the act.annexure-b of the charge sheet gives the summary of the moveable assets held by petitioner sujeet ranjan which is quoted below :sl. ..... it has further been contended that this petitioner did his graduation in the year 1986-87 and thereafter has obtained post graduate degree in rural management from xiss, ranchi during 1991-93 session and thereafter he had joined m/s care international on 2.9.1992 and therefore there is no question regarding him earning ..... it is pertinent to mention at the very outset that section 5 of the prevention of corruption act, 1988 mandates that a special judge may take cognizance of an offence without the accused being committed to him for trial and in trying the accused, shall follow the procedure prescribed by the code of criminal procedure ..... it has been submitted that after graduating in the year 1986 this petitioner was working as an agent of post office and used to earn commission on .....
Tag this Judgment!Court : Jharkhand
Reported in : 2006CriLJ926; II(2006)DMC489; [2005(4)JCR435(Jhr)]
..... because the presumption under section 113-a of the evidence act would only be attracted only when the case of the prosecution would be that the deceased committed suicide within seven years of the marriage due to commission of cruelty by her husband or in laws due to non-fulfillment of demand ..... learned app submitted that there is no doubt that the deceased died in abnormal circumstances within seven years of the marriage and she was subjected to cruelty and, therefore, presumption under section 113-a of the evidence act would not attracted and it would be presumed that the death was caused by the husband or the in laws of the deceased for the non fulfillment of demand of dowry.the submission of the learned app cannot be accepted ..... for attracting the provision of section 113-a of the evidence act, the prosecution has to prove first that the woman committed suicide. ..... state of bihar reported in 1986 east cr c 700 (pat) : 1986 pljr 604. mr. ..... therefore, section 113-a of the evidence act is not applicable in the present case.18. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(57)BLJR149
..... law as referred to above, and relied upon by the learned counsel for the petitioner, the implication was to be reckoned by the composite reading of section 138 and 142 of the negotiable instruments act which leaves no room for doubt that the cause of action within the meaning of section 142(b) arose only once when the legal notice was sent to the petitioner on 10.06.2004 at the first ..... viewed in that context, the facts which are required to be proved to successfully prosecute the drawer for an offence under section 138 of the act are (a) that the cheque was drawn for payment of an amount of money for discharge of a debt/liability and the cheque was dishonoured; (b) that the cheque was presented within ..... it was further observed therein in respect of the cause of action under the act.in a generic and wide sense (as in section 20 of the civil procedure code, 1908) 'cause of action' means every fact which it is necessary to establish to ..... found a prima facie case under section 138 of negotiable instruments act and directed summons to be issued to the petitioner and further for quashment of the order ..... the combined reading of the above two sections of the act leaves no room for doubt that cause of action within the meaning of section 142(b) ..... proviso-(c) of section 138 of the negotiable instruments act speaks;that nothing contained in this section shall apply unless the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(3)JCR138(Jhr)]
..... sidharth shankar ray, senior advocate, on the other hand, while referring to annexure-3 herein, submits that so far as the charges under the prevention of corruption act are concerned, sanction was not given because the sanctioning authority did not find any irregularities in the dealings of the petitioners who had discharge their official duties in the capacity of officer of the corporation. ..... additionally, this court takes notice of the fact that while refusing to grant sanction under the provisions of the prevention of corruption act, the refusal to do so was on the basis of elaborate reasons recorded in annexure-3 herein and in conclusion, the sanctioning authority refused sanction and ordered that in spite of prosecution by the central bureau of investigation, it would be appropriate to initiate departmental ..... 9(a)/1997(d) under sections 406, 407, 409, 420, 120b of indian penal code and section 13(2) read with section 13(1)(c) and (d) of the prevention of corruption act, 1988 now pending in the court of learned special judge (c.b.i. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR484(Jhr)]
..... of the respondent and when he came to deoghar for mutation of his name in pursuance to the grant of probate dated 14.5.1986 he came to know that the appellant has obtained a grant of probate in his favour by virtue of the alleged will dated 15.3.1976 purported to have been executed by the testator in his favour and on enquiry it transpired to him that ..... with infirmity in view of the fact that the appellant was not named as an executor by the will and he has false'ly made an averment to that effect in his probate petition and further section 222 of the said act specifically mandates that a probate shall be granted only to an executor appointed expressly or by necessary implication by the will. ..... and the court should be cautious in acceding to the request of revocation which can only be done in case of strict proof of the existence of one or the other circumstances enumerated in the explanatibn under section 263 of the said act and failure to cite all interested parties is not invariably fatal to the validity of the probate proceeding. ..... .' in view of the ratio of the cases aforesaid read with section 222 of the said act it is crystal clear that grant of probate in respect of the will dated 15.3.1976 in favour of the appellant is illegal, invalid and in violation of the mandatory provisions of the statute and the probate proceeding at the instance of the appellant is .....
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