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Judgment Search Results Home > Cases Phrase: indian partnership act Court: jharkhand Page 3 of about 62 results (0.024 seconds)

Apr 05 2016 (HC)

Mahali Sahu and Ors Vs. The State of Jharkhand and Anr

Court : Jharkhand

..... had allowed the parties to compound the offences. it is true that the provision of schedule caste and schedule tribes (prevention of atrocities) act is not compoundable but as it is dependent on other provisions of indian penal code, same can also be compounded in view of the ratio decided in gian singh vs. state of punjab (supra). the respondent ..... permission of the court. in respect of serious offences like murder, rape, dacoity, etc., or other offences of mental depravity under ipc or offences of moral turpitude under special statutes, like the prevention of corruption act or the offences committed by public servants while working in that capacity, the settlement between the offender and the victim can have no ..... , cannot be construed to be personal in nature as the same affects public peace and tranquility.12. the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 is a special act enacted with an object to prevent the commission of offences of atrocities against the members of the scheduled castes and the scheduled tribes, to provide for special courts ..... legal sanction at all. however, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences .....

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Nov 21 2017 (HC)

Dinesh Kumar Nag Vs. The State of Jharkhand Through the Chief Secretar ...

Court : Jharkhand

..... has been passed by the director general of police, jharkhand, ranchi. it is the case of the petitioner that the petitioner had a registered partnership firm namely m/s. dinesh kumar nag under class ii contractor in the road construction department, government of jharkhand. the petitioner had claimed to ..... sections 147, 148, 149, 341, 342, 323, 506, 379, 435, 427, 353, 307 of the indian penal code, section 27 of the arms act and section 17 of the criminal law amendment act in which the petitioner was arrested on 27.01.2017. the petitioner claims that on account of a clipping in ..... and to fill up the lacuna subsequently which is apparent in view of the first supplementary counter affidavit filed by the state, the state has acted thus and the same should be condemned. learned counsel further submits that on the face of second counter affidavit the order of the director ..... further pointed out that a designated authority is defined in section 2(e) of the act but concerned principal secretary being not designated by the state government he was not authorized to either confirm or revoke any order of attachment. pursuant ..... management, government of jharkhand, ranchi. it has been stated that the statutory period of sixty days in terms of section 25(3) of the act for either confirming or revoking the order of attachment was not passed and, therefore, the order of attachment itself has become redundant. learned counsel has .....

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Jan 05 2015 (HC)

Vinod Kumar Choudhary and Anr Vs. The State of Jharkhand and Anr

Court : Jharkhand

..... from the manufacturer. she has also stated that the trade mark idea has been registered in different classes by a number of individual proprietorship concern, partnership concern, private limited companies and other manufacturers who manufacture several kinds of goods / commodities and which has no concern with each other and have ..... since it has been held that no criminal prosecution can be allowed to be continued for the offences under the trade marks act, the continuation of the proceedings under the indian penal code also becomes a nullity. moreover, the essence of 'cheating' having not been made out in the facts and ..... is a direct infringment on the trade mark of the idea cellular company and therefore the provisions of the trade marks act as well as section 420/34 of the indian penal code are applicable in the case of the petitioners. after having heard the learned counsel for the petitioners and ..... the registrar, but in the present case, there is nothing on the record to suggest that the opinion as required under the act was obtained from the registrar before the search and seizure of the premises were made by the inspector of police and in such circumstances, the ..... to register their goods or commodities under the same brand name. she has further drawn my attention to section 115 of the trade marks act, 1999 which envisages that no police officer below the rank of deputy superintendent police or equivalent shall conduct any search before obtaining the opinion of .....

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Jun 09 2017 (HC)

Ms Industrial Associates Through Its Authorised Signatory Debasis Sark ...

Court : Jharkhand

in the high court of jharkhand at ranchi arbitration application no. 14 of 2016 m/s industrial associates, a registered partnership, registered under the partnership act, 1932, having its office at 238b, a.j.c. bose road, 2nd floor, kolkata-700020, through its authorised signatory debasis sarkar, son of shri kishori mohan sarkar, resident of 65, ..... road, p.o. & p.s. behala, circus avenue, district kolkata-700034 (wb) petitioner versus m/s hindustan copper limited, a company registered under the companies act, 1956, a government of india enterprise, having its registered office at indian copper complex , p.o. & p.s. ghatshila, district east singbhum ` ... ... respondent ------ coram: hon'ble mr. justice d.n. patel ----- for the petitioner: mrs. darshana ..... not appointed the learned arbitrator. now, after filing of this application under section 11(6) of the arbitration and conciliation act, 1996, the respondents can not appoint arbitrator as held by hon'ble the supreme court in deep trading company versus indian oil corporation and others reported in (2013) 4 scc35 at paragraph no.s 19 and 22, which are quoted as .....

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Feb 23 2005 (HC)

Durga Devi Chhowchharia and ors. Vs. State of Bihar and anr.

Court : Jharkhand

Reported in : [2005(2)JCR359a(Jhr)]

..... has been deposited and no opportunity was given to the petitioners to explain circumstances. further, since petitioners have already resigned from the partnership of the firm and ingredients of offence registered under sections 406, 409, 420 and 120-b, ipc are lacking, it will be an abuse of the process of the court if trial is allowed to continue.9. in that ..... out that no case under section 406 and other sections is made out as petitioners are not responsible for depositing the contribution under the e.p.f. and m.p. act as petitioners are neither the persons in-charge responsible for the financial affairs of the company nor at any point of time, contribution was deducted from the wages of the ..... given an opportunity to explain the position and the petitioners have wrongly been made an accused without verifying responsibility about non-compliance of any of the provisions of the said act or committing any default. it was further pointed out that amount towards contribution of the employers and employees for period from april 1996 to december 1999 has already been paid ..... the firm. it is further pointed out that immediately after resignation from the firm, these two petitioners immediately informed the concerned authorities of the e.p.f. and m.p. act (annexure-3). it was further pointed out that surprisingly enough the proprietor of m/s vikash founders pvt. ltd. has not been made an accused, rather the petitioner nos. 2 .....

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Sep 14 2006 (HC)

Smt. Saraswati Singh @ Saraswati Sinha and Anil Kumar Singh Vs. Brij S ...

Court : Jharkhand

Reported in : AIR2007Jhar49; [2007(1)JCR208(Jhr)]

..... to rajeshwar singh. there was no business in the joint family much less the transport business in the name and style of 'singh transport'. it was a partnership business and was noticed, as such, in the court of the district judge, high court, income tax department, transport department etc. there is no such ..... business of stage coaches, private and public lorries, transport and hotel at ranchi and elsewhere. he had earned and accumulated considerable wealth. as desired by the indian national congress, ram binod singh, who was then an m.l.a. converted the joint family business in the name and style of singh brothers (pvt.) ..... sri s.k. puri, patna'. in the body of the plaint in paragraph 12, it has been pleaded that the defendant no. l began to act improperly and selfishly and the plaintiff later on came to know that the defendant no. l managed to acquire land at patna and a property at defence ..... ornaments, jewellery and silver wares. taking undue advantage of the condition of the father, after the mother's death, the defendant no. l began to act improperly and selfishly and managed to acquire a plot of land at patna and a property at defence colony, new delhi out of the joint family fund ..... the trial court.5. plaintiffs case: the plaintiffs case is that parities are hindus and are governed by mitakshara school of hindu law read with hindu succession act, 1956. the plaintiff and defendant no. l are brothers. defendant nos. 2 and 3 are their sisters. their late father ram binod singh at .....

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Jul 22 2003 (HC)

Green Woods Vs. Regional Labour Commissioner and ors.

Court : Jharkhand

Reported in : [2004(1)JCR238(Jhr)]; (2004)IIILLJ377Jhar

..... wages fixed by the state government was made during the period in question appropriate action may be taken against the appellant, under the provisions of the act for payment of the amount of difference of wages in accordance with law.18. however, since the appellant accepts that he is liable to pay the ..... limited is an instrumentality and agency of the central government and the central government is the appropriate government under the industrial disputes act, contract labour (regulation and abolition) act and minimum wages act for coal india limited and its subsidiaries it will be the appropriate government for the hcm also.10. on the ratio of ..... 2000 (annexure 8) observed that the institute being an instrumentality of agency of the central government, the said government is the appropriate government under the minimum wages act for the hcm and their contractor. m/s. green woods. for the coal india limited and its subsidiaries, the central government is the appropriate government.7 ..... and is promoted by the coal india limited (cil), which is a government company registered and incorporated under the indian companies act, 1956.3. the labour enforcement officer (central), ranchi, inspected the premises of the institute and found that all the 43 agricultural labours, ..... order1. the appellant is a partnership firm. it was engaged by the indian institute of coal management ranchi. (for short 'hcm') for butification of its gardens of the campus, including maintenance of flowers, etc. for .....

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Mar 02 2005 (HC)

Ashok Mehta and anr. Vs. State of Jharkhand and anr.

Court : Jharkhand

Reported in : [2005(3)JCR459(Jhr)]

..... singh and thereafter in this way licence was given to deo sharan singh on 27.11.1985, but due to old age he entered into a partnership with one shrimati leela devi, wife of complainant and her son-in-law ram pukar singh with whom the complainant was associated. the above licence ..... officer-in-charge of bistupur police station, jamshedpur, vide order dated 6.9.1994 for offences under sections 147, 148, 448, 342 and 323 of the indian penal code.3. cafeteria in question was given to one s.a. sanmugam pillai by a licence dated 1.12.1972 by the tisco limited and later ..... 82 (sc) : 2004 (2) supreme 757 wherein it has been held that case was filed under sections 341, 323, 325, 506 and 386/34, ipc and a petition to quash the proceeding was filed stating therein that this case is counter-blast to the earlier case filed in which o.p. no. 2 was ..... was filed after registration of bistupur p.s. case no. 306 of 1993 in which this complainant-respondent no. 2 was arrested and in all other acts this complainant-respondent no.2 took, such as filing of writ application before the high court, his production before the magistrate and filing of bail application for ..... guilty of committing offence as alleged. the first information report was lodged not against the complainant but with regard to the acts of increasing unlawful activities carried out at lake cafeteria as also the acts amounting to hurt, theft, criminal intimidation etc. committed by the complainant and his accomplices and competent court has held .....

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Dec 12 2003 (HC)

Bishnu Dayal Gupta and ors. Vs. State of Jharkhand and anr.

Court : Jharkhand

Reported in : IV(2004)BC84

..... preferred by these petitioners to quash the order of the revisional court who has directed that the charges are made out under section 138 of the negotiable instruments act and under section 420, ipc to be framed against them. it does not mean that when the magistrate at this stage did not find charge to be framed under sections 120b and 406 ..... in complaint case no. 46/1999 that he owned and managed a business in khairtal in rajasthan. the said business was originally a partnership business and was running, under the name and style of chanduka oil mills in partnership with the petitioner no, 2 sushil kumar gupta, who consequently retired from the business and, thus, o.p. no. 2-complainant became the ..... . no. 2 which he collected towards running capital of the business started at rajasthan which was subsequently closed. the complainant had issued notice under section 138 of the negotiable instruments act by registered post which was refused by the petitioners. however, notices sent under certificate of posting were received. thus, the plea taken by the petitioners that mandatory provisions of section ..... . no. 2 has mentioned seven persons as witnesses without mentioning their full details including their parentage and address. the mandatory provision as required under section 138 of the negotiable instruments act has not been followed. hence it is liable to be quashed. the learned revisional court has not considered these points and relied upon the chance witnesses. on these grounds it .....

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Nov 07 2007 (HC)

Yogendra Kumar Ojha, Vs. State of Jharkhand

Court : Jharkhand

Reported in : 2008(56)BLJR955

..... ojha and anil kumar ojha and it was within the knowledge of the appellant jitendra bohra that he used to visit the premises since he was in partnership with the appellants yogendra kumar ojha and anil kumar ojha.3. the appellants had denied the charges and preferred to be tried. their case in ..... singh @ surendra singh bangali were charged with and put on trial for offences under section 25(1a) and section 35 of the arms act and section 414 of the indian penal code. the case against the appellants was registered on 24.6.1997 at 5.00 p.m. on the basis of a written ..... the prosecution could at best give a reason to support culpability of the appellants yogendra ojha and anil kumar ojha to attract the offence under section 201 ipc against them for harbouring/screening a notorious criminal surendra singh @ surendra singh bangali and for enabling him to use their premises, but even such offence ..... with lalpur ps case no. 31 dated 4.4.1996 which was registered for offences under sections 302/307/324 of the indian penal code, and section 27 of the arms act. s.i. rajiv ranjan kumar informed that the arrested accused had confessed that he had kept illegal firearms under the care of ..... unless he has been specially authorized by the central government in this behalf. the term 'prohibited arms' has been defined in section 2(1)(i) of the act, which reads as follows :(i) 'firearms so designed or adapted that, if pressure is applied to the trigger, missiles continue to be discharged until pressure .....

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