Jharkhand Court December 2001 Judgments
Radha Saha Vs. Dayanand Agarawal and ors.
Court: Jharkhand
Decided on: Dec-12-2001
Reported in: III(2003)ACC193
V.K. Gupta, C.J.1. Delay in filing the appeal is condoned.2. The appeal is taken up for hearing and final disposal today itself.3. Mr. G.C. Jha, Advocate has appeared for the Oriental Insurance Company Limited (respondent No. 2).4. The limited and short grievance of the appellant in this appeal is that the Tribunal while granting the compensation and awarding interest on the compensation amount, calculated the interest from the date of the award and that pendente lite interest was not awarded in favour of the appellant.5. We have heard the learned Counsels for the parties.It has now been an established norm, a well settled proposition of law based on the established norms, that in all accident claim cases the Tribunals award interest on the compensation amount from the date of the filing of the claim petition. Actual awarding of the interest on the compensation amount in all such cases comprises two ingredients : first, being pendente lite; and the second, future. The Tribunals award p...
Tag this Judgment!Radha Saha Vs. Dayanand Agrawal and ors.
Court: Jharkhand
Decided on: Dec-12-2001
Reported in: 2003ACJ1037
The Court 1. Delay in filing the appeal is condoned.2. The appeal is taken up for hearing and final disposal today itself.3. Mr. G.C. Jha. Advocate has appearedfor the Oriental Insurance Company Limited(respondent No. 2).4. The limited and short grievance of the appellant in this appeal is that the Tribunal while granting the compensation and awarding interest on the compensation amount, calculated the interest from the date of the Award and that pendents life interest was not awarded in favour of the appellant.5. We have heard the learned counsel for the parties.It has now been an established norm, a well settled proposition of law based on the established norms, that in all Accident Claim Cases the Tribunals award interest on the compensation amount from the date of the filing of the claim petition. Actual awarding of the interest on the compensation amount in all such cases comprises of two ingredients, first, being pendente life and the second, future. The Tribunals award pendente ...
Tag this Judgment!Chhaya Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-07-2001
Reported in: 2002(50)BLJR1179
ORDERS.J. Mukhopadhaya, J.1. Both the writ petitions have been preferred by petitionersfor issuance of writ of mandamus commending/directing the respondents to issue letter of appointment in favour of petitioners against a post of Associate Teacher/Assistant Teacher in Indira Gandhi Residential Girls' High School--Hazaribagh School for short.2. Both the cases of the petitioners are that in pursuance of Advertisement No. 10/99 published on 18.3.1999 by the Bihar Public Service Commission--B.P.S.C. for short, the petitioners applied for appointment to the post of Associate Teacher/Assistant Teacher in the school, Hazaribagh. It was published for the posts of Sanskrit-one post reserved for Schedule Caste, Mathematics -one post unreserved. English - two posts bothunreserved and Chemistry - one post unreserved. The petitioners applied for the post of' English teacher.In pursuance of interview letter dated 29.2.2000 petitioners appeared before the Selection Committee on 24.3.2000. Several ot...
Tag this Judgment!Krishna Electricals Vs. Steel Authority of India Ltd.
Court: Jharkhand
Decided on: Dec-07-2001
Reported in: [2004(1)JCR332(Jhr)]
ORDERGurusharan Sharma, J.1. Heard the parties and perused lower Court records. Bokaro Steel Plant at Bokaro. Steel City, an Unit of M/s. Steel Authority of India Limited (hereinafter referred to as 'the Company') allotted work for modification/retro-fitting of N.G.E.F. panels containing 'M' type Breaker to be replaced by 'M.E.' type in various sub-stations/installations of different shop/unit inside the plant to M/s Krishna Electricals, Bokaro (hereinafter referred to as the 'Contractor'). The work order was issued vide Letter No. CC/ETB/Misc./04/2649/ 93-2745 dated 8.6.1993. It was to be completed within six months under the supervision of N.G.E.F. Personnel, without extra cost, as per letter dated 5.7.1994. If due to non-availability or shut down of ACBS at work site (sub-station) or due to any reason on the part of, the Company the work could not be completed within the stipulated period of six months, then the Company was to pay extra amount on the time spent for completion of wor...
Tag this Judgment!Md. Yunus Vs. Sahnaz Begum and ors.
Court: Jharkhand
Decided on: Dec-04-2001
Reported in: II(2002)ACC172; 2003ACJ1410
ORDERThe Court 1. Delay in filing the appeal is condoned. 2. The appeal is taken up for Admission today itself. 3. Mr. G.C. Jha. Advocate has appeared for the Respondent No. 7, the Oriental Insurance Company Ltd., at our instance. 4. This appeal is directed against the order dated 16.1.2001 passed by learned 5th Additional District Judge. Dhanbad exercising powers of Motor Accident Claims Tribunal whereby relying upon a Single Bench judgment of Patna High Court delivered on 22nd August. 2000 in Misc. Appeal No. 242 of 1999 National Insurance Company v. Layachi Devi and Ors., and several other related cases he has, even while allowing the claim of the claimants under Section 140 of the M.V. Act. 1988 (Respondent Nos. 1 to 6 in this appeal) fastened the liability to pay this claim amount upon the appellant herein who is the owner of the vehicle in question and totally absolved respondent No. 7. Oriental Insurance Company, which admittedly is the Insurer of the vehicle in question. 5. Bec...
Tag this Judgment!Kashi Nath Roy Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-04-2001
Reported in: 2002(50)BLJR1102; [2002(94)FLR628]
ORDERThe Court 1. The petitioner retired from the Bihar Superior Judicial Service on 30.9.1996 but the provident amount was not paid immediately on his retirement. Certain amount was paid after April. 2000 and certain amount after June, 2000.2. The grievance of the petitioner is that the respondents though paid the G.P.F. amount but statutory interest till the date of payment has not been allowed.3. In the counter-affidavit, the respondents have pleaded that the G.P.F. amount of Rs. 5,62.942/- with statutory interest of Rs. 70.355/- 912.5% total Rs. 6,33,197/- was paid in favour of petitioner vide authority slip No. 043749 dated 29.4.2000, Further sum of Rs. 6.896/- has been paid on 30.6.2000.4. Mr. B. Hembrom, District Provident Fund Officer. Gumla is present in Court in pursuance of Court's order. He stated that the statutory interest has been calculated upto the period of six months after the date of retirement, as per guideline, the payment could not be made in time as all relevant...
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