Court : Jharkhand
..... 30th july, 2014, whereby the district magistrate, dhanbad has been pleased to pass detention order against the petitioner for one year under section 12(2) of jharkhand control of crimes act, 2002 (for short 'jcc act'); and (ii) for quashing order no.5/cca/01/13/2014/5379 dated 16th october, 2014 passed by the deputy secretary, department of home, government of jharkhand, whereby the detention order ..... passed under section 12(2) of jcc act has been confirmed under sections 21(1) and 22 of jcc act by which the petitioner has been directed to be detained till 29th july, 2015; and (iii) for quashing order no.5/cca/01/13/2014/5195 dated 9th october, 2014 ..... (ii) the aforesaid orders have been challenged by the petitioners, banking on the provisions contained in section 12(2) of the jcc act, as the petitioners cannot be detained for more than three months in one stretch under an order passed under the provision of section 12(2) of the jcc act; and (iii) the district magistrate has not been vested with 4 power of detaining the petitioners for a period of ..... act, 1986 and its provisions are parameteria to section 12(2) of jcc act ..... passed under section 3(2) of the andhra pradesh prevention of dangerous activities of bootleggers, dacoits, drug offenders, goondas, immoral traffic offenders and land grabbers act, 1986 (for short 'a.p. ..... act, 1986 ..... act, 1986 ..... act, 1986 .....
Tag this Judgment!Court : Jharkhand
..... appeals as well as in the delay condonation application have stated about non supply of certified copy by the district forum as required under rule 4 (10) of the rules, 1987 (enacted under sub section 2 of section 30 of the consumer protection act, 1986) which reads as under: 4(10) orders of the district forum shall be signed and dated by the members of the district forum constituting the bench and shall be communicated to the parties free of charge. ..... (b) had there been any order passed by the state consumer commission, on the merits of the case, the efficacious alternative can be availed by these petitioners under the consumer protection act, 1986. ..... 4 before the national consumer disputes redressal commission at new delhi under section 21 of the act, 1986. ..... forum at hazaribagh had passed a common order in favour of the present respondents, which was challenged by these petitioners before state consumer disputes redressal commission, jharkhand, ranchi by way of appeals under 3 section 15 of the consumer protection act, 1986. ..... as a cumulative effects of the aforesaid facts, reasons and the provisions of the act and the rules 1987 we, hereby, quash and set aside the order passed by the state consumer disputes redressal commission, jharkhand, ranchi in appeal nos ..... within one month from the date of this order, failing which each of the complainants would be entitled for execution of this order through the process of the forum including steps as provided under section 27 of the act. 25. .....
Tag this Judgment!Court : Jharkhand
..... that section 2 (d) of the code of criminal procedure defines a complaint which specifically excludes a lodging of fir and section 19 of the above act clearly lays down that no court shall take cognizance of an offence under the environment (protection) act, 1986 except on a complaint and since the fir has been lodged, the entire criminal proceeding is bad in law and deserves to be quashed. ..... the petitioner seriously contended that initiation of the proceeding by lodging fir is itself bad in law in view of the specific provision under section 19 of the environment (protection) act, 1986 wherein only complaint can be filed before competent court. ..... while considering the issue of lodging of fir under the provision of environment (protection) act, 1986, has held in paragraph 7, 10 and 11 as follows:- 7. ..... appears that the premises of the petitioners were searched by the regional officer, jamshedpur on being authorised by annexure-b which clearly mentions that fir be lodged which is not in the scheme of the environment protection act, 1986. ..... and after going through the records, i find that the present fir has been lodged against two petitioners for the offence punishable under section 15 of environment (protection) act, 1986. ..... offence under section 15 of the environment (protection) act, 1986.2. ..... the ratio decided in the above case, no court shall take cognizance of any offence under this act except on a complaint made by a competent authority or an officer authorized in this behalf by that .....
Tag this Judgment!Court : Jharkhand
..... . on perusal of the aforesaid provision, it would be crystal clear that as per section 46 and 48 of the universities act, all the government aids are given by the government to the universities in order to make payment of salary or other benefits to the teachers of the universities, which are from admitted colleges or the constituent ..... pension, gratuity, insurance or provident fund is constituted in this manner, the state government may declare that the provisions of the 8 provident funds act, 1925 (act no.19 of 1925) shall apply to the said fund, as if that fund is state provident fund. 6. ..... as per the provisions made in sub section 57 (a) of the jharkhand state universities act, 2000 (adopted) the governing body of affiliated minorities colleges based on religion and language appoint their teachers with the approval of the jharkhand public service commission whereas, as per the provisions made in section 58 of the act, the teachers of university/constituent colleges are appointed by the vice-chancellor of the university on ..... revised rules (it is not necessary for the purpose of this case to go into the question whether the rules that came into force with effect from 1-1-1986 were new rules or merely revised or liberalised rules) which came into force with effect from 1-1-1986 were not given retrospective effect ..... s contention would have very curious consequences; even a person who had retired long earlier would equally become eligible for pension on the basis of the 1986 rules .....
Tag this Judgment!Court : Jharkhand
..... . on perusal of the aforesaid provision, it would be crystal clear that as per section 46 and 48 of the universities act, all the government aids are given by the government to the universities in order to make payment of salary or other benefits to the teachers of the universities, which are from admitted colleges or the constituent ..... pension, gratuity, insurance or provident fund is constituted in this manner, the state government may declare that the provisions of the 8 provident funds act, 1925 (act no.19 of 1925) shall apply to the said fund, as if that fund is state provident fund. 6. ..... as per the provisions made in sub section 57 (a) of the jharkhand state universities act, 2000 (adopted) the governing body of affiliated minorities colleges based on religion and language appoint their teachers with the approval of the jharkhand public service commission whereas, as per the provisions made in section 58 of the act, the teachers of university/constituent colleges are appointed by the vice-chancellor of the university on ..... revised rules (it is not necessary for the purpose of this case to go into the question whether the rules that came into force with effect from 1-1-1986 were new rules or merely revised or liberalised rules) which came into force with effect from 1-1-1986 were not given retrospective effect ..... s contention would have very curious consequences; even a person who had retired long earlier would equally become eligible for pension on the basis of the 1986 rules .....
Tag this Judgment!Court : Jharkhand
..... . on perusal of the aforesaid provision, it would be crystal clear that as per section 46 and 48 of the universities act, all the government aids are given by the government to the universities in order to make payment of salary or other benefits to the teachers of the universities, which are from admitted colleges or the constituent ..... pension, gratuity, insurance or provident fund is constituted in this manner, the state government may declare that the provisions of the 8 provident funds act, 1925 (act no.19 of 1925) shall apply to the said fund, as if that fund is state provident fund. 6. ..... as per the provisions made in sub section 57 (a) of the jharkhand state universities act, 2000 (adopted) the governing body of affiliated minorities colleges based on religion and language appoint their teachers with the approval of the jharkhand public service commission whereas, as per the provisions made in section 58 of the act, the teachers of university/constituent colleges are appointed by the vice-chancellor of the university on ..... revised rules (it is not necessary for the purpose of this case to go into the question whether the rules that came into force with effect from 1-1-1986 were new rules or merely revised or liberalised rules) which came into force with effect from 1-1-1986 were not given retrospective effect ..... s contention would have very curious consequences; even a person who had retired long earlier would equally become eligible for pension on the basis of the 1986 rules .....
Tag this Judgment!Court : Jharkhand
..... . on perusal of the aforesaid provision, it would be crystal clear that as per section 46 and 48 of the universities act, all the government aids are given by the government to the universities in order to make payment of salary or other benefits to the teachers of the universities, which are from admitted colleges or the constituent ..... pension, gratuity, insurance or provident fund is constituted in this manner, the state government may declare that the provisions of the 8 provident funds act, 1925 (act no.19 of 1925) shall apply to the said fund, as if that fund is state provident fund. 6. ..... as per the provisions made in sub section 57 (a) of the jharkhand state universities act, 2000 (adopted) the governing body of affiliated minorities colleges based on religion and language appoint their teachers with the approval of the jharkhand public service commission whereas, as per the provisions made in section 58 of the act, the teachers of university/constituent colleges are appointed by the vice-chancellor of the university on ..... revised rules (it is not necessary for the purpose of this case to go into the question whether the rules that came into force with effect from 1-1-1986 were new rules or merely revised or liberalised rules) which came into force with effect from 1-1-1986 were not given retrospective effect ..... s contention would have very curious consequences; even a person who had retired long earlier would equally become eligible for pension on the basis of the 1986 rules .....
Tag this Judgment!Court : Jharkhand
..... case, the hon ble supreme court considering the case of the husband of the appellant, who was having a criminal antecedent and was directed under section 3(2) of the a.p.act, 1986 to be detained for 12 months, held that the impugned government 3 order directing detention for the maximum period of twelve months straightway cannot be sustained in law and further ..... which are necessary for the proper adjudication of the issue involved in this criminal writ application, are that the respondent no.4 issued a preventive detention order of one year on 20.04.2015 under the act (annexure-1) disclosing pendency of several cases against this petitioner and there is every 2 apprehension that whenever he will be released from jail custody, there will be a law and order problem in ..... law and order, public tranquility and also to curb the activities of anti-social elements, every state has enacted its respective crime control act and enforcing the provisions of the act as and when required but there is obligation on the state to enact the provisions within its four corners keeping in mind the rights ..... under section 3(2) of the andhra pradesh prevention of dangerous activities of bootleggers, dacoits, drug offenders, goondas, immoral traffic offenders and land grabbers act, 1986 (hereinafter referred to as the a.p.act , 1986), but the said provision is exactly similar to the provisions of section 12(2) of the jharkhand control of crimes act. ..... act, 1986 in the case cherukuri mani (supra) has held .....
Tag this Judgment!Court : Jharkhand
..... provisions of andhra pradesh prevention of dangerous activities of bootleggers, dacoits, drug offenders, goondas, immoral traffic offenders and land grabbers act, 1986 and article 22(4)(a) of the constitution of india, it was held as under:-"4. ..... the report of the advisory board as finds place in sub section (2) of section 20 of the act is with respect to an opinion of the advisory board as to whether or not there is sufficient cause for detention of the ..... state counsel on the other hand has opposed the prayer made by the learned counsel for the petitioners and has stated that an order was passed under section 12 of the act, pursuant to which, it was confirmed by the state government as well as by the advisory board. ..... normally, a person who is detained under the provisions of the act is without facing trial which in other words amounts to curtailment of his liberties and denial of ..... , which has been provided in favour of a detenu by the legislature has been given a complete gobye and such act on the part of the state definitely frustrates the very object and purpose of putting such mechanism of confirmation by a advisory board in the entire scheme of the act with respect to preventive detention of a detenu. ..... in the backdrop of the provisions of the act specifically with respect to the report of the advisory board coupled with the judicial pronouncements of the hon ble supreme court in the case of cherukuri (supra), it is to be deduced as to whether without there being any further .....
Tag this Judgment!Court : Jharkhand
..... provisions of andhra pradesh prevention of dangerous activities of bootleggers, dacoits, drug offenders, goondas, immoral traffic offenders and land grabbers act, 1986 and article 22(4)(a) of the constitution of india, it was held as under:-"4. ..... the report of the advisory board as finds place in sub section (2) of section 20 of the act is with respect to an opinion of the advisory board as to whether or not there is sufficient cause for detention of the ..... state counsel on the other hand has opposed the prayer made by the learned counsel for the petitioners and has stated that an order was passed under section 12 of the act, pursuant to which, it was confirmed by the state government as well as by the advisory board. ..... normally, a person who is detained under the provisions of the act is without facing trial which in other words amounts to curtailment of his liberties and denial of ..... , which has been provided in favour of a detenu by the legislature has been given a complete gobye and such act on the part of the state definitely frustrates the very object and purpose of putting such mechanism of confirmation by a advisory board in the entire scheme of the act with respect to preventive detention of a detenu. ..... in the backdrop of the provisions of the act specifically with respect to the report of the advisory board coupled with the judicial pronouncements of the hon ble supreme court in the case of cherukuri (supra), it is to be deduced as to whether without there being any further .....
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