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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Sorted by: old Court: jharkhand Year: 2009 Page 1 of about 16 results (0.075 seconds)

Feb 02 2009 (HC)

Basant Kumar Banerjee Vs. State of Jharkhand Through the Chief Secreta ...

Court : Jharkhand

Decided on : Feb-02-2009

Reported in : [2009(1)JCR694(Jhr)]

..... application dated 31.1.1968 (annexure-1) had informed to the circle officer. tamar that he on account of having fracture and also on account of having fileria is not medically as well as mentally fit to discharge his duties and as such, he may be granted prematured retirement and be paid retiral benefit. on the said application there appears to ..... to consider the case of the petitioner for payment of retiral dues. however, the claim of the petitioner for payment of pension was rejected, vide order dated 26.6.2001.2. being aggrieved with that order, another writ application being wp (s) no. 1609 of 2004 was filed by the petitioner wherein a counter-affidavit was filed taking the stand that ..... medical ground in the year 1968 and as such his case could not be put before the medical board and, therefore, the petitioner is not entitled to invalid pension.3. having heard learned counsel appearing for the parties and taking ..... . on consideration of the case of the petitioner, the claim of the petitioner for payment of invalid pension was again rejected, vide its order as contained in memo no. 717(ii)/stha dated 21.7.2006 (annexure-7) holding therein that the petitioner had resigned from the service on 31.1.1968 and had never claimed retirement on .....

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May 08 2009 (HC)

Employers in Relation to the Management of Lodna Area of Bccl Vs. thei ...

Court : Jharkhand

Decided on : May-08-2009

Reported in : (2010)ILLJ30Jhar

..... not be fanciful or whimsical but there should be good reasons.25. though the learned judge had discussed all the principles regarding the exercise of powers under section 11-a of the industrial disputes act as also the doctrine of proportionality and the wednesbury's principles, we are afraid the learned judge has not applied all these principles properly to the present ..... judiciously and the interference is possible only when the tribunal is not satisfied with the findings and further concludes that punishment imposed by the management is highly disproportionate to the degree of guilt of the workman concerned. besides, the tribunal has to give reasons as to why it is not satisfied either with the findings or with the quantum of ..... /2006. learned single judge found that the tribunal discussed the facts, evidence and material on record in details and also considered that the allegation of the management for the fake medical certificates, could not be proved and there was no material to establish the charges against the petitioner. consequently the learned single judge affirmed the award and dismissed the writ petition ..... no. 4800 of 2006, whereby the learned single judge dismissed the writ petition holding that the award passed by the central government industrial tribunal, dhanbad is perfectly legal and valid.2. the facts of the case lie in a narrow compass.3. the concerned workman was trammer at lodna colliery under the appellant. the management issued a charge sheet dated 21 .....

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Jan 09 2009 (HC)

Employers in Relation to the Management of Tata Steel Limited Vs. the ...

Court : Jharkhand

Decided on : Jan-09-2009

Reported in : 2009(57)BLJR924

..... had ipso facto rendered the departmental inquiry as being not fair.8. in the case of indra bhanu gaur v. committee management of m.m. degree college and ors. : air2004sc248 , a similar issue of non-payment of subsistence allowance during the suspension period and its effect on the domestic inquiry, ..... explain that in the case of j.p. shukla (supra), the facts disclosed was that the delinquent employee was under medical treatment at kanpur from where he was transferred to gorakhpur to face departmental inquiry but he was not able to participate in the departmental inquiry against ..... conducted against the respondent workman on the charge that while on duty, he was caught by the security personnel of the petitioner management in the act of committing theft of certain articles belonging to the company, which were recovered from his personal possession. on the imputation that he has committed ..... medical advise by undertaking journey from kanpur to gorakhpur due to non payment of substance allowance during the period of his suspension. learned ..... the tribunal has held that the departmental inquiry was unfair and improper on the ground that subsistence allowance was not paid to the concerned workman.2. a preliminary objection in this writ application has been taken by the respondent workman on the ground that since the issue involved relates to the .....

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Jan 09 2009 (HC)

Hare Krishna Singh and Shiv Shankar Pandey Vs. the State of Jharkhand ...

Court : Jharkhand

Decided on : Jan-09-2009

Reported in : [2009(1)JCR582(Jhr)]

..... were not made in accordance with the rules of procedures. in the instant case on the contrary, no enquiry at all was conducted to record a definite finding that the appointment of the petitioners was illegal on the ground that such appointment was not made in consonance with the rule 661b of the bihar ..... of police - cum - chairman, selection board in march, 1986.at the time of their appointment, both of them had qualified in the physical measurement and medical tests and their appointment was made only after they were found fit for the post. both of them were sent for police training and they successfully completed the ..... judgement of this court passed in the case of the state of bihar and ors. v. kamal chandra sah in l.p.a. no. 221 of 2008.(ii) single bench judgement of the patna high court passed in the case of md. manzoor alam v. state of bihar and ors. vide c.w.j.c. ..... years of continuous service in the case of petitioner hare krishna singh and 18 years of continuous service in the case of the petitioner shiv shankar pandey.2. the petitioners in these writ applications have challenged the impugned orders of termination of their services (annexure-6 and annexure-3 respectively). the main grounds on ..... following judgements:(i) division bench judgement of this court passed in the case of seema devi v. state of jharkhand reported in 2005(2) jljr 337.(ii) single bench judgement of this court in the case of ishwar bahadur thapa and anr. v. state of jharkhand and ors. reported in 2008 .....

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Jan 15 2009 (HC)

Birendra Kumar Mishra Vs. the State of Jharkhand and ors.

Court : Jharkhand

Decided on : Jan-15-2009

Reported in : 2009(57)BLJR1129

..... as well as general children.10. in view of such stand of respondent no. 7 and in view of the general definition of trained candidates given in rule 2(kha) of the rules, which does not debar the trained candidate like the appellant, the state government is directed to ..... the case of snehlata kumari , the diploma was acquired between 1999 to 2002 i.e. after enforcement of national council for teachers education act, 1993 (ncte act for short), which came into effect from 1.7.1995. he further referred to the following paragraphs of the affidavits filed on behalf ..... of respondent no. 7.4. i say and submit that prior to implementation of rci act 1992; national institutes were handling the training programmes in the field of disability and were responsible for the training and examination of the professionals ..... imparting teachers training course.... a person, who has completed and obtained a degree/diploma/certificate in teachers training course prior to 31st january, 1996 i.e. six months after promulgation of the n.c.t.e. act, 1993 from an institute, recognized or established by the state government or ..... kumar mahto (supra) is relevant:therefore, on a proper construction of expression 'recognized training institute' (manyata prapt prakshikshan sansthan), as occurring in rule 2(kha) of rules, 2002, i hold that the expression 'recognised training institute' means a training institute, recognized or established either by state government .....

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Jan 16 2009 (HC)

Budhan Pandit Vs. Bharat Refractories Ltd. and ors.

Court : Jharkhand

Decided on : Jan-16-2009

Reported in : [2009(121)FLR72]; [2009(1)JCR587(Jhr)]

..... the petitioner at the fag end of his service tenure. learned counsel explains further that as per the service rules of the respondent company where no definite day and month with year of date of birth is furnished by the employee and the year of birth is only furnished, then by necessary ..... petitioner by referring to his purported matriculation certificate. the corrected entries of the petitioner's date of birth made much later in the pf form, medical card and identity card, were based entirely on the petitioner's own statement, by his controlling authority and such entries were apparently made without reference ..... learned counsel for the respondents.5. relying entirely on the date of birth recorded in the petitioner's matriculation certificate and the entries made in the medical card, identity card and p.f. form, shri sunil kumar sinha, learned counsel for the petitioner, submits that the petitioner had passed the matriculation ..... the date of the petitioner's superannuation as 30.9.2008.the petitioner lodged his protest by way of a representation before the respondent no. 2 on 1.7.2002 with a request to make the necessary rectification in the entry regarding his date of birth in his service book.learned ..... with effect from 30.9.2008.the petitioner has challenged the aforesaid notification as being illegal, arbitrary and contrary to the principles of natural justice.2. the petitioner's case in brief is that he was initially appointed on 1.3.1971 on the post of peon under the india fire .....

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Jan 16 2009 (HC)

Hira Lal Kalundia Vs. the State of Jharkhand

Court : Jharkhand

Decided on : Jan-16-2009

Reported in : 2009CriLJ2284

..... intercourse with a woman under circumstances falling under any of the six following descriptions:sixthly- with or without her consent when she is under sixteen years of age.8. the definition of rape clearly indicates that if the prosecutrix is below 16 years of age, her consent or no consent for sex has got no relevance and therefore, even if assumed ..... 5 days could not be explained. similarly, the investigating officer of the case abstained from the witness box giving room for adverse inference to the prosecution case. even in the medical evidence, no sign of rape was found, therefore, the prosecution miserably failed to establish the charge against the appellant beyond the shadow of all reasonable doubts.7. the offence 'rape ..... of p.w. 1 yashwanti purti and her aunt p.w. 2 shiwani kalundia that the appellant committed sexual intercourse with a minor girl aged about 14/15 years which comes within the purview of 'sixthly' within the definition of rape under section 375 i.p.c. which is an offence under section 376 indian penal code.i find that the judgment of conviction ..... orissa reported in : 2003crilj4920 observed:it is true that the evidence of the prosecutrix in a rape case is to be given due weight. the sexual violence is a dehumanising act and it is an unlawful encroachment into the right to privacy and sanctity of woman. the courts also should be strict and vigilant to protect the society from such evils .....

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Jan 22 2009 (HC)

Sudershan Pradhan and Janmu Pradhan Vs. State of Bihar (Now Jharkhand)

Court : Jharkhand

Decided on : Jan-22-2009

Reported in : 2009CriLJ2609

..... considering the evidences on record and relying upon the testimony of the informant's daughter gaumati devi (pw-9) and finding support thereto from the medical evidence as also the evidence of the investigating officer, and of her mother (informant), the trial court recorded its finding that the charge has been ..... the deceased kuar pradhan.4. on concluding the investigation, the investigating officer submitted chargesheed recommending trial of both the accused persons for the offence under section 302/34 of the i.p.c. both the accused pleaded not guilty to the charges and preferred to be tried.5. as many ..... pradhan came to rescue his father, he was also assaulted with the spade, resulting in multiple injuries to him also, finds corroboration from the medical evidence.the contention of the appellants that no other witnesses including the wife of the deceased jagat pal pradhan nor bishambhar manjhi who was cultivating ..... of the present appellants.learned counsel explains further that whereas in the f.i.r., a definite statement regarding the manner of occurrence has been given to suggest the active involvement of the appellant no. 2 claiming that he held the informant's husband firmly enabling thereby the appellant no. 1 ..... in s.t. no. 10 of 1998 by which both the appellants were convicted for the offence under sections 302/34 of the indian penal code and sentenced to undergo life imprisonment.2. the case was registered on the basis of the fardbeyan of the informant mangri devi on 13.08.1997 .....

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Jan 23 2009 (HC)

Patrik Kindo Vs. the State of Bihar (Now Jharkhand)

Court : Jharkhand

Decided on : Jan-23-2009

Reported in : 2009(57)BLJR1396

..... adduced in this case complete a chain which points out that the accused alone has committed the said crime is not correct, rather we are of the definite view that the circumstances relied upon by the prosecution has not been proved in this case beyond the shadow of all reasonable doubts. hence, we find ..... the view that whether the said dagger has been used in commission of crime or not is not proved beyond all reasonable doubts. thus we are of definite view that this circumstances also not proved beyond the shadow of all reasonable doubts.13. in view of the discussion made above, the finding of the court ..... counsel for the parties, we have gone through the evidence available on the record. admittedly, there is no eye witness of the occurrence. from perusal of medical evidence, p.m. report as well as inquest report it is clear that the deceased died of a homicidal death and it is also not disputed by ..... reasonable ground for a conclusion consistent with the innocence of the accused and further it must be such as to show that within all human probability the act must have been done by the accused. thus in view of the aforesaid settled principles of law, we are proceeding to consider as to whether the ..... of the i.p.c. and sentenced him to undergo imprisonment for life for the offence under section 302 of the ipc and rigorous imprisonment for five years for the offence under section 201 of the i.p.c.2. the case of prosecution in short as per the fard beyan of informant william toppo is that .....

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Jan 28 2009 (HC)

Abdul Hassan Vs. the State of Bihar (Now Jharkhand)

Court : Jharkhand

Decided on : Jan-28-2009

Reported in : 2009CriLJ3664

..... of his cousin thereby putting wrongful loss to them. the wrist watch of the cousin was also found removed.7. i find that the prosecution failed to produce any medical report on the record of the forensic science laboratory that the mouth wash of the informant or his brother contained intoxicant substance, sufficient to cause sedation if administered in required ..... the investigating officer on material particulars.5. on the other hand the learned addl. public prosecutor opposed the contention by submitting that the charge framed against the appellant under sections 328 and 379 of the indian penal code were well proved by the prosecution and the trial judge after meticulously adjudging the entire circumstances and appreciating the evidence produced on ..... corroborative value. the allegation of administering intoxicant by mixing it in the tea and biscuit could not be substantiated by the medical evidence except the suspicion raised by the doctor in: course of treatment of the victims but no medical evidence could be produced as to the nature of the treatment of the diagnosed ailment and medicine administered in course of ..... sole appellant abdul hussan has challenged his conviction recorded under sections 328 and 379 of the indian penal code by the 3rd additional sessions judge, dhanbad in s.t. no. 220 of 1992 whereby the appellant was sentenced to undergo rigorous imprisonment for five years and two years respectively on each count.2. the prosecution story in short was that on 14 .....

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