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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: recent Court: jharkhand ranchi Year: 2011 Page 1 of about 12 results (0.018 seconds)

Mar 11 2011 (HC)

Vikash Kumar Sinha Vs the State of Jharkhand

Court : Jharkhand Ranchi

Decided on : Mar-11-2011

..... about commission of offence. some of the accused persons have not been arrested as investigation against them is going on. referring to section 3 of the money laundering act, he submitted that the petitioner is directly involved in the process and actively connected with the proceeds of crime for projecting it as untainted property. petitioner may hamper ..... along with co-accused persons acquired huge illegal money ( proceeds of crime) through corrupt and illegal means and committed offences, which are covered under schedule of money laundering act, in connivance with his close associates, including petitioner and others. the proceeds of crime so accumulated were invested not only in india but in several other countries so as ..... and immoveable properties and assets not only in india but in abroad also. those properties were acquired otherwise and were not included in their disclosed assets. their criminal acts indicated misappropriation of public money in the capacity of public servants. one of the co- accused binod sinha is the own brother of this petitioner vikash kumar sinha. ..... sanjay chaudhary and shri dhananjay chaudhary. the investigation against this petitioner was complete and thereafter complaint was filed before the special judge, ranchi (under the prevention of money laundering act), stating therein that the investigation of the case against other accused persons was going on. accordingly, leave, as prayed, for filing further complaint against other accused persons was .....

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Apr 08 2011 (HC)

Manoranjan Prasad SinhA. Vs. the State of Jharkhand and anr.

Court : Jharkhand Ranchi

Decided on : Apr-08-2011

..... of criminal procedure brought on the report of the junior engineer when two rival groups forcibly tried to grab the contract work of the constructing panchayat mandap. for the reasons stated above, the criminal proceeding of the petitioner in jamtara p.s. case no.187/06 ..... petitioner under section 3(1) (x) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 would tantamount to miscarriage of justice. i further find that the informant was a party to the proceeding initiated under section 107 of the code ..... and observe that the ingredients to constitute an offence under section 3(1) (x) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 is not attracted against the petitioner as the alleged occurrence did not take place within "public view" , as such the criminal proceeding of the ..... outset submitted that charge-sheet was submitted only under section 3(1) (x) of the scheduled castes and the scheduled tribes (prevention of atrocities) act and not under section 385 of the indian penal code and in that manner, extortion of money, which is the genesis of the case, has ..... by which cognizance of the offence was taken under section 3(1) (x) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 in jamtara p.s. case no.187/06 against the petitioner.2. prosecution story in short was that the informant-opposite party no.2 presented .....

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Apr 07 2011 (HC)

Vijay Pratap Singh and ors. Vs. the State of Jharkhand and anr.

Court : Jharkhand Ranchi

Decided on : Apr-07-2011

..... that the complainant filed a title suit no.101 of 2009 against the legal heirs and successors of heera lal sethi claiming relief under specific performance of contract with respect of 'agreement to sale' dated 20.11.1998 and 04.01.99 which is subjudice before munsif, hazaribag. without entering into the ..... thrashed within 'public view' in terms of the offence under section 3(1) (x) of the s.c. and s.t. (prevention of atrocities) act, 1989, this court can well exercise its inherent powers to quash the criminal proceeding for the alleged offence.13. with reference to the submissions that the complainant ..... be evident that no offence alleged either under i.p.c. or under special law i.e. scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 could be made out against any of the petitioners. the complainant had not even asserted in her complaint that she was a member of scheduled ..... sessions judge, hazaribag for further proceeding under the special act.2. the prosecution story in short was that a complaint case no.1649 of 2009 was lodged in the court of the chief judicial magistrate, ..... 427/34 of the indian penal code as also under section 3(v) (x) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 and directed summons to be issued to the accused petitioners and thereafter, the case was sent to the file of the special judge-cum-additional .....

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Mar 10 2011 (HC)

Ram Chandra Yada and anr Vs

Court : Jharkhand Ranchi

Decided on : Mar-10-2011

..... after making necessary repairs, addition and alteration.6. the pleadings mention that the defendants failed to take any step to perform their part of contract as per registered deed of agreement dated 14.6.1989, whereby they were required to make the entire payment in compliance with the deed of ..... the maintainability of the suit in the present form and claimed that the suit was on frivolous and misconceived ground, barred by limitation, specific reliefs act and principle of estoppels and acquiescence. it is admitted that the suit property was originally acquired by dukhi mahto through sale deed and was succeeded ..... has disputed the aforesaid argument at the very out set. he has pointed out and highlighted proviso to section 58(c) of transfer of property act, 1982, which reads as under:"provided that no such transaction shall be deemed to be amortgage, unless the condition is embodied in the document which ..... court had laid down the principle in paragraph 44 of its judgment, which is reproduced herein below:" going bysection 58(c) of transfer of property act, it is clear that for an ostensible sale deed to be construed as mortgage by conditional sale, the condition that on repayment of the consideration ..... of re- conveyance was necessarily liable to be incorporated in one and the same documents, in view of proviso to section 58(c) of the act and since this aspect is evidently absent it cannot be concluded to be a mortgage by conditional sale. admittedly there are three sale deeds and .....

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Mar 10 2011 (HC)

Ram Chandra Yadav and anr Vs Shahid Alam and ors.

Court : Jharkhand Ranchi

Decided on : Mar-10-2011

..... business after making necessary repairs, addition and alteration.6. the pleadings mention that the defendants failed to take any step to perform their part of contract as per registered deed of agreement dated 14.6.1989, whereby they were required to make the entire payment in compliance with the deed of ..... the maintainability of the suit in the present form and claimed that the suit was on frivolous and misconceived ground, barred by limitation, specific reliefs act and principle of estoppels and acquiescence. it is admitted that the suit property was originally acquired by dukhi mahto through sale deed and was succeeded ..... has disputed the aforesaid argument at the very out set. he has pointed out and highlighted proviso to section 58(c) of transfer of property act, 1982, which reads as under:"provided that no such transaction shall be deemed to be a mortgage, unless the condition is embodied in the document ..... had laid down the principle in paragraph 44 of its judgment, which is reproduced herein below:" going by section 58(c) of transfer of property act, it is clear that for an ostensible sale deed to be construed as mortgage by conditional sale, the condition that on repayment of the consideration by ..... of re- conveyance was necessarily liable to be incorporated in one and the same documents, in view of proviso to section 58(c) of the act and since this aspect is evidently absent it cannot be concluded to be a mortgage by conditional sale. admittedly there are three sale deeds and the .....

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Mar 07 2011 (HC)

Oriental Insurance Co. Ltd., Branch Office and anr. Vs. Dr. Thakur Sur ...

Court : Jharkhand Ranchi

Decided on : Mar-07-2011

..... appeal is that the tribunal has wrongly awarded an exorbitant amount towards loss of future earning capacity. the amount should have been awarded in accordance with the schedule of the act and, therefore, on the basis of principles laid down in various decisions amount of rs. 14,63,207/- is excessive and very high.7. the contention raised by the learned ..... and the same is accordingly dismissed. the insurance company is liable to disburse the amount forthwith after deduction of the amount already deposited under section 140 of the motor vehicles act, 1988 or any other deposits made pursuant to any other order.14. accordingly, for the reasons stated herein above, the present appeal stands dismissed.

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Feb 09 2011 (HC)

S. Burman @ Satidas Burman. Vs. the State of Jharkhand and anr.

Court : Jharkhand Ranchi

Decided on : Feb-09-2011

1. the petitioner has invoked the inherent jurisdiction of this court under section 482 code of criminal procedure for quashment of his criminal prosecution in complaint case no.108/1998, including the order dated 21st september, 2001 by which processes were directed to be issued against him by ms. premlata tripathi, judicial magistrate, 1st class, bokaro for the alleged offence under sections 406/420/120-b of the indian penal code. the case is presently pending in the court of sri a. kumar, judicial magistrate, 1st class, bokaro.2. prosecution story in short was that the complainant-opposite party no.2 shri basudeo mishra had filed complaint case no.108/1998 before the chief judicial magistrate, bokaro against as many as nine accused persons alleging, inter alia, that in january, 1997, telco in association with m/s. enar industrial enterprises ltd. (the dealer) organized a seminar at bokaro steel city where the accused persons highlighted the features of a newly made chassis branded as 1312 tc. it was canvassed that the chassis had good engine carrying warrantee for 1 1/2 years and the facility of service for eight years. being induced, the opposite party no.2 purchased the said chassis branded as 1312 tc and started plying the bus. however, after a short while, defects in the engine as well as in the radiator developed, which could not be cured immediately on account of non-availability of spare parts and also in absence of trained technicians and therefore the complainant .....

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May 16 2011 (HC)

Dharamvir Bhadoria Vs. Union of India Through Spcbi

Court : Jharkhand Ranchi

Decided on : May-16-2011

..... that the purchase shown by 37 invoices of 217.863 mt of packed bitumen from indian oil corporation ltd., gamaharia was meant for national highway, jamshedpur and not for this contract and as such by falsely producing those invoices, the petitioner caused a heavy loss of rs. 79,11,559/ to the government and hence the petitioner does not deserve to ..... , who is an accused for offence under sections 120b, 420, 467, 468, 471 of the indian penal code and under section 13(2) r/w 13(1d) of p.c. act, 1988, prays for anticipatory bail expressing apprehending of his arrest in connection with r. c. 20a/2009 ( r).2. it is submitted by the learned counsel for the petitioner submitted .....

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Apr 15 2011 (HC)

Paras Nath Pandey. Vs. the State of Jharkhand Through Secretary and or ...

Court : Jharkhand Ranchi

Decided on : Apr-15-2011

..... to be read along with the documents referred therein and other materials available on the record. in any event, the dispute between the parties arises out of a non-statutory contract. 8. there is serious dispute between them with regard to completion of work and the amount receivable / payable by the petitioner. according to the petitioner, he has completed the work .....

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Apr 05 2011 (HC)

Chandrika Devi. Vs. State of Jharkhand and ors

Court : Jharkhand Ranchi

Decided on : Apr-05-2011

..... of jamabandi no.3 which was also found subsequently during khanapuri stage of the present survey settlement operation, submission advanced on behalf of the petitioner that the same was never acted upon can never be accepted in absence of any cogent material showing otherwise on account of such fact, lands are quite identifiable and in fact, the description of lands over ..... also recorded and under this situation, in absence of any cogent material, the plea of the petitioners that documents of possession was never given effect to, in other words, never acted upon, can not be accepted.7. i do sufficient force in the submission advanced on behalf of the respondents. the commissioner after examining the case of the parties with reference ..... made with respect to possession of the respondents as the respondents had never been in possession over the lands and whatever documents relating to possession are there, they were never acted upon.4. on such application, the charge officer vide its order dated 11.1.1999 in stead of passing order relating to correction in the revenue record, passed an order ..... commissioner submitted that document if any relating to possession of the respondents 5 to 8 over half of the lands of jamabandi no.3 had never been acted upon and it could not be acted upon as neither the plot numbers nor kheshra number had been mentioned in those documents and that had they been in possession, rent would have been paid .....

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