Jharkhand Court March 2001 Judgments
Tata Yodogawa Ltd. with Usha Beltron Ltd. Vs. B.S. Electricity Board a ...
Court: Jharkhand
Decided on: Mar-30-2001
Reported in: 2001(49)BLJR1624
S.J. Mukhopadhya, J.In these cases, the dispute raised relating to calculation of fuel surcharge, as circulated by the Bihar State Electricity Board (the Board), vide Circulars, as contained in letter No. 345 dated 11th July. 2000 and letter No. 428 dated 16th August, 2000.2. The fuel surcharge fixed, vide aforesaid letters are provisional and interim, in nature, the question of method of calculation and fixation of rate of fuel surcharge of the period is pending before the Supreme Court.3. The validity of levy of fuel surcharge was initially challenged and was upheld by the Patna High Court as well as by the Supreme Court in Bihar 440 Volts Vidyut Upbhokta Sangh v. The Chairman, B.S.E.B.. reported in (1997) 11 SCC 380.Subsequently, a dispute was raised relating to method of calculation and the fixation of rate of fuel surcharge, which was heard and finally decided by the Patna High Court in Pulak Enterprises v. Bihar State Electricity Board and others. reported in 2000 (3) PLJR 552.Th...
Tag this Judgment!Mrs. Meena Singh Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Mar-30-2001
Reported in: 2001(49)BLJR1605; 2001CriLJ3573
ORDERDeoki Nandan Prasad J.1. This application has been filed under Article 226 of the Constitution of India by the sole petitioner, who is widow of late Sudhir Singh alias Bhoma for an appropriate writ/order/direction upon the respondents for compensation as the husband of the petitioner was murdered while he was in jail custody.2. The short facts giving rise to this application is that the petitioner's husband Sudhir Singh was arrested in connection with some criminal case by the police and remanded to jail custody on 22-1-1999 while her husband was in jail custody and undergoing treatment in the jail Hospital at about 7.30 in the evening, other prisoners led by one Anil Sharma with more than dozen of his associates attacked the petitioner's husband with Chhura, iron rods, belts etc. resulting in his death. Accordingly, the First Information Report was also lodged by one Hare Ram Singh alias Manoj Singh being Sadar (Lower Bazar) PS Case No. 53 of 1999 for the offences under Sections ...
Tag this Judgment!Shiv Bahadur Singh Vs. Ranchi University and ors.
Court: Jharkhand
Decided on: Mar-29-2001
Reported in: 2001(49)BLJR1613
ORDERM.Y. Eqbal, J. 1. The controversy in the present case is whether the petitioner after having passed LL.B. parts I, II and III examinations is entitled to LL.B. degree and whether the respondent-Ranchi University is justified in taking a contrary decision in the matter of grant of LL.B. degree to the petitioner. 2. Petitioner's case is that he passed High School examination and Intermediate (Standard XIIth) examination from Intermediate Education Council, U.P. Thereafter, in the year, 1994 the petitioner passed 'Sahityalankar' examination in English from Hindi Vidyapeeth Deoghar (Bihar) and was duly granted 'Sahityalankar' certificate. In 1996 he applied for getting admission in LL.B. degree course as a regular student in Jamshedpur Co-operative College. Jamshedpur and duly disclosed his 'Sahityalankar'degree granted by Hindi Vidyapeeth, Deoghar as equivalent to B.A. The petitioner was admitted as a regular student of LL.B. course in the said college, Jamshedpur. The petitioner alo...
Tag this Judgment!Jitendra Kumar Agrawal and ors. Vs. State of Bihar
Court: Jharkhand
Decided on: Mar-29-2001
Reported in: 2001CriLJ3834
Deoki Nandan Prasad, J. 1. This application has been filed by the petitioners under Section 482 of the Code of Criminal Procedure for quashing the part of the order dated 16.2.1999 passed in Lower Bazar P.S. Case No. 86 of 1996 by which the matter has been sent before the Chief Judicial Magistrate, Ranchi, for trying the offence under Sections 407, 411, 120B and 34 of the Indian Penal Code by deleting Section 7 of the Essential Commodities Act. 2. The short case of the prosecution as stated is that on 9.7.1996 after 7 p.m., the informant went to the premises of Hindustan Timber at Kanta Toli and found that the Officer-in-Charge had seized 103 quintals and 80 kilograms of wheat from truck No. 841. It is further alleged that 103 quintals and 80 kilograms Wheat of Public Distribution System was loaded at Food Corporation of India's Godown. Chutia. in Mini Truck Nos. BIN 9270 and BR-14G-0750 and it was reported that the said wheat was unloaded from the said Mini trucks and it was loaded on...
Tag this Judgment!Anirudha Chandra Sinha Vs. State
Court: Jharkhand
Decided on: Mar-29-2001
Reported in: 2001CriLJ2720
ORDERDeoki Nandan Prasad, J.1. This application has been filed under Section 482 of the Code of Criminal Procedure for quashing the criminal proceeding including the order of cognizance dated 26.9.1998 passed by the learned Chief Judicial Magistrate, Dhanbad in connection with Dhanbad P.S. Case No. 513 of 1997 (G.R. No. 2199/97).2. Short facts giving rise to this application that one Criminal Case was registered for the offence under Sections 419/420/ 467/468/465/408/120B of the Indian Penal Code. On the basis of the inquiry report submitted by the petitioner who is the informant in the said case, it was alleged that the petitioner was Accounts Officer under Mineral Area Development Authority, Dhanbad (MADA) to make an inquiry about illegal withdrawal of a sum of Rs. 20,000/-from the Provident Fund Account of one employee, namely Sampat Kumar Singh, Pump Khalashi. On the basis of which the petitioner inquired into the matter and submitted his report claiming therein that one Gauri Shan...
Tag this Judgment!Ramesh Mochi Vs. State of Bihar
Court: Jharkhand
Decided on: Mar-29-2001
Reported in: 2001(49)BLJR1674
Deoki Nandan Prasad, J. 1. This revision is directed against the judgment of conviction and sentence dated 1,7.1999 passed by the learned Sessions Judge, Gumla. in Criminal Appeal No. 32 of 1999 by which the learned appellate Court confirmed the judgment of conviction and order of sentence dated 15.4.1999 passed by the 2nd Assistant Sessions Judge, Gumla, in Sessions Trial No. 243 of 1997 by which the learned Assistant Sessions Judge convicted the petitioner under Sections 376, 448 and 323 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years under Section 376 of the Indian Penal Code, two months rigorous imprisonment under Section 448 of the Indian Penal Code and one month rigorous imprisonment under Section 323 of the Indian Penal Code. However, all the sentences were ordered to run concurrently. 2. The case of the prosecution in brief is that on 1.6.1997 at night when the informant was sleeping in the house alone, in the meantime, the petitioner...
Tag this Judgment!Jitendra Kumar Agarwal and ors., Etc. Vs. State of Bihar
Court: Jharkhand
Decided on: Mar-29-2001
Reported in: 2001(3)BLJR1672
Deoki Nandan Prasad, J.1. This application has been filed by the petitioners under Section 482 of the Code of Criminal Procedure for quashing the part of the order dated 16-2-1999 passed in Lower Bazar P.S. Case No, 86 of 1996 by which the matter has been sent before the Chief Judicial Magistrate, Ranchi, for trying the offence under Sections 407, 411, 120B and 34 of the Indian Penal Code by deleting Section 7 of the Essential Commodities Act.2. The short case of the prosecution as stated is that on 9-7-1996 after 7 p.m. the informant went to the premises of Hindustan Timber at Kanta Toli and found that the Officer-in Charge had seized 103 quintals and 80 Kilograms of Wheat from Truck No. BIT 841. it is further alleged that 103 quintals and 80 kilograms wheat of Public Distribution System was loaded at Food Corporation of India's Godown, Chutia, in Mini Truck Nos. BIN 9270 and BR-14G-0750 and it was reported that the said wheat was unloaded from the said Mini trucks and it was loaded o...
Tag this Judgment!Md. Erfan Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Mar-27-2001
Reported in: [2001(90)FLR954]
ORDERM.Y. Eqbal, J. 1. Heard the counsel for the parties. 2. In this writ application the petitioner claims regularisation of his services on the ground, inter alia, that he has been working on daily wages basis against sanctioned post of IV grade employee since 1982 and has been discharging this work of peon/Daftari in the office of Divisional Forest Officer, Sharanda State Trading Division, Chaibasa. 3. The facts not in dispute are that the petitioner has been working as daily wages employee since 1982. The State Govt. issued a notification to the effect that all daily wages employee working since before 1.3.1985, should be retained and their services should be regularised. Pursuant to that list of dally wages employee was sent by the respondents twice and the name of the petitioner appears in the list annexed with the writ application. 4. During the pendency of the writ application the respondents issued an office order under the signature of DFO, Saranda State Trading Division, Cha...
Tag this Judgment!Manindra Kumar Vs. Union of India and ors.
Court: Jharkhand
Decided on: Mar-21-2001
Reported in: 2001(49)BLJR1596; [2001(90)FLR75]
M.Y. Eqbal, J.1. In this writ application the petitioner has prayed for quashing the order dated 24.4.2000 and 18.9.2000 whereby the resignation submitted by thepetitioner has been rejected and the petitioner has been dismissed from service.2. Petitioner's case is that he was working as Assistant Commandant in the Central Reserve Police Force (CRPF). The petitioner applied for leave from 25.5.1998 to 1.6.1998 which was duly granted. It is alleged by the petitioner that his father was seriously ill and his kidney was not functioning in proper manner. For regular check up the petitioner remained at Chandigarh and ultimately petitioner's father died on 7.12.1999 at Chandigarh. In the meantime the respondents issued charge- sheet against the petitioner on 5.5.1999 of a departmental proceeding. The petitioner submitted his show cause and denied the charges levelled against him. The petitioner, thereafter, received no information about the departmental proceeding and he came to know about su...
Tag this Judgment!Kamala Devi and ors. Vs. Ram Dayal Sah and ors.
Court: Jharkhand
Decided on: Mar-21-2001
Reported in: 2003ACJ1143
ORDERThe Court1. This appeal is directed against the judgment and award dated 3.5.2001 passed by Sri B.K. Rai. 3rd Additional District Judge-cum Motor Vehicles Accident Claims Tribunal, Dhanbad in Title and Motor Vehicle Suit No. 17/2000 whereby and whereunder the Insurance Company (Respondent No. 2) is directed to pay compensation to the claimants.2. The factum of the accident and insurance of the vehicle has not been denied and disputed. The only dispute is with regard to the quantum of compensation. The appellant, who was the claimant, is not satisfied with the amount of compensation awarded by the Tribunal.3. In this appeal, the case of the claimant is that monthly earning of the deceased was Rs. 4,000/- by selling Gupchup in Thela, he was aged 45 years. Although, evidence adduced by the claimant with regard to monthly earning of the deceased was not controverted by insurance company, the Tribunal has assessed the daily earning of the deceased as Rs. 30/- relying upon the decision ...
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