Jharkhand Court March 2001 Judgments
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Parul Roy Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-21-2001
Reported in: 2002(50)BLJR2111; [2001(90)FLR621]
ORDERM.Y. Eqbal, J.1. Heard learned counsel appearing for the parties and with their consent this writ application is disposed of at the admission stage.2. Petitioner has inter alia prayed for quashing the office order dated 4.9.2000 (Annexure 9) issued under the signature of District Superintendent of Education-cum-Sub-Divisional Education Officer. Chatra, whereby -while revoking the order of suspension minor punishment have been imposed by with-holding two increments with commutative effect, and withdrawal of authority of drawing and disbursing officer and entitlement of subsistence allowance only during the period of suspension.3. The main grievance of the petitioner is that the impugned order of punishment has been passed without holding regular departmental inquiry and without giving opportunity of hearing to the petitioner.4. Petitioner joined service as Matric Trained teacher and subsequently posted a Headmistress in 1983. In 1993 she was transferred to Adarsh Madhya Vidyalaya, ...
Nathu Ram Agarwal Vs. State of Bihar
Court: Jharkhand
Decided on: Mar-20-2001
Reported in: 2001(49)BLJR1757
Deoki Nandan Prasad, J. 1. This application has been filed under Section 482 of the Code of Criminal Procedure by the sole petitioner for quashing the entire criminal proceeding including the order dated 3.4.1999 in connection with Ken-duadih PS Case No. 104 of 1998 corresponding to GR Case No. 2469 of 1998 in which cognizance was taken by the Special Judge (EC Act), Dhanbad, under Section 7 of the Essential Commodities Act. 2. The brief case of the prosecution as stated that the informant party raided the shop premises of the petitioner on 15.7.1998. The stock of the articles was verified and no document was produced at the relevant time accordingly, seizure list was prepared. It is alleged that the Rice, Wheat, Sugar Dal and Mustard Oil are said to have been recovered from the shop premises of the petitioner. Accordingly, the First Information Report was lodged. 3. The learned counsel appearing on behalf of the petitioner submitted at the very outset that the petitioner has got no co...
Allahabad Bank and ors. Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Mar-20-2001
Reported in: 2001(49)BLJR1679
Deoki Nandan Prasad, J.1. This application has been filed under Section 482 of the Code of Criminal Procedure for quashing of criminal proceedings including the order taking cognizance dated 21.5.1999 in connection with Complaint Case No. 124/99.2. The complainant, who was also one of the Directors claimed in the complaint petition that M/s. Bharat Re-rolling Mills was a Private Limited Company, registered under the Indian Companies Act, 1956. The complainant was inducted as an Additional Director on or about 6.12.1990 by co-option alongwith Mr. Vanit Kumar Seth, H.L. Gupta (accused No. 2) and Surendra Gupta, the brother of H.L. Gupta. But, both Surendra Gupta and H.L. Gupta resigned from the Board of Directors. However, accused No. 2, H.L. Gupta was appointed as Managing Director of the Company. On 5th April, 1997 the Board of Directors in their meeting resolved that hence forth the Bank Accounts that Allahabad Bank at Bokaro Steel City will be operated in one single signature of H.L....
Raj Kumar Pandit and anr. Vs. State of Bihar
Court: Jharkhand
Decided on: Mar-20-2001
Reported in: 2002(50)BLJR677; 2001CriLJ3570
A.K. Prasad J.1. This appeal is directed against the judgment dated 27-4-1996 and order dated 30-4-1996 in S.T. No. 5 of 1994 passed by Sri Sreeprakash Rai, the then Addl. Judicial Commissioner, Ranchi, Whereby and whereunder the appellants, namely, Raj Kumar Pandit and Naimuddin Ansari, have been convicted under Sections 364/34 and 302/34 of the Indian Penal Code and sentenced to rigorous imprisonment for ten years and for life, respectively, on such counts. However, both the sentences have been ordered to run concurrently.2. Briefly put, the prosecution case, is as under : On 3-7-1993, around evening, Sima Kumari, the seven-year old daughter of the informant, Bhukhli Devi (P.W.3) was playing in HMG Colony (G. Type) of ACC at Dhawra, within P.S. Khelari, district Ranchi, with Sita Kumari (P.W.1), the minor sister of co-accused Sibu Ganjhu. While Sima Kumari, the deceased, was playing, she disappeared and did not return home. On search and enquiries, the informant (P.W. 3) could come t...
Ranjeet Kumar Bose Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Mar-19-2001
Reported in: [2001(90)FLR645]
ORDERM.Y. Eqbal, J.1. In this writ application, the petitioner has challenged the decision of the respondent which was communicated to the petitioner vide letter No. 853, dated 11.9.1997 whereby petitioner was refused to pay salary for the period 30.9.1993 to 2.9.1996 and further for a direction to the respondents to release the salary for the aforesaid period.2. Petitioner while working as Karmchari in the Ramgarh Anchal in the year 1992, a departmental proceeding was initiated against him in respect of certain charges, as a result whereof he was dismissed from service in October 1993. Aggrieved by the order of dismissal passed by the Deputy Commissioner. Hazaribagh petitioner filed Service Appeal before respondent No. 2. Commissioner. North Chotanagpur Division, Hazari-bagh, which was registered as Service Appeal No. 87/93. The Appellate Authority eventually set aside the order of dismissal after coming to the conclusion that penalty of dismissal was extremely severe. The Appellate A...
B. Akala (Balaswamy Akala) Vs. State of Jharkhand Through Cbi and ors.
Court: Jharkhand
Decided on: Mar-19-2001
Reported in: 2001(49)BLJR2067; 2001CriLJ4159
ORDERD.N. Prasad, J. 1. This application has been filed by the sole petitioner under Articles 226 and 227 of the Constitution of India for quashing the entire criminal prosecution arising out of Case No. RC 13(A)/2000(R) which was registered under Section 120B read with 420, IPC and Section 13(2) readwith 13(l)(d) of the Prevention of Corruption Act. 1988.Another petition has also been filed for seeking protection from coercive action of respondent (CB1).2. The facts of the case lies in a narrow compass :The Investigating Officer. Dy. S.P., CBI, SPE, Ranchi lodged an FIR stating therein that the accused persons including the petitioner entered into a criminal conspiracy among themselves and in furtherance of the said conspiracy they abused their respective official position and they also helped the private firm, namely, M/s. C.T.C.C. by way of illegally and unauthorisedly transferring differing grade of coal/slurry to the private firm (C.T.C.C.) and also by way of intentionally and dis...
Jay Bharat Construction Company Vs. Kamla Devi and ors.
Court: Jharkhand
Decided on: Mar-15-2001
Reported in: II(2001)ACC584; 2002ACJ1610; 2001(49)BLJR1990
Gurusharan Sharma, J. 1. Heard. This appeal has been filed by owner of Commander Jeep (BR-18-7879), which was involved in accident dated 1.1.1997, wherein one Rajesh Kumar Prasad died. His widow filed MJC No. 59 of 1997 for compensation under the Motor VehiclesAct, 1988 (hereinafter referred to as 'the Act'). During pendency of the said case, an interlocutory application under Section 140 of the said Act was filed by her for interim compensation, which has been allowed by impugned order dated 8.10.1999, whereby owner of the vehicle has been directed to make payment of interim compensation amounting to Rs. 50,000/- to the claimant. Appellant's grievance is that the aforesaid Commander Jeep was duly insured with National Insurance Co. Ltd. and as such the Insurer was responsible to indemnify the owner's liability to pay amount of interim award. It appears that on the objection raised by the Insurer, photo copy of driving licence of driver of Commander Jeep was produced. The said licence ...
Ram Kamal Construction Co. Pvt. Ltd. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Mar-15-2001
Reported in: 2001(49)BLJR2026
ORDERGuru Saran Sharma, J.1. Heard the parties and perused lower Court records. This appealunder Section 39(i)(vi) of the Arbitration Act, 1940 thereinafter referred to as 'the Act') has been filed against judgment/order dated 29.6.1999, passed by 3rd Subordinate Judge. Palamue at Daltanganj in Title Suit No. 10 of 1992, whereby award dated 2.11.1995 was set aside and the matter was referred to another Arbitrator for fresh adjudication after hearing the parties and obtaining proposal for fresh Arbitrator, in terms of Agreement No. 61/A-F-2 of 1987-88. The agreement in question was for construction of Auranga Right Main Canal RD 35.20 to RD 36.90. Stipulated date to complete the work was 26.2.1990. Altogether the contractor raised five items of claims. A sum of Rs. 55,000/-against claim No. 1 for loss of advance on material, labour, etc. a sum of Rs. 7,47,170/-against claim No. 2 for loss of idle labour, plant and equipment, a sum of Rs. 2,28,000/-against claim No. 3 for compensation fo...
The Oriental Insurance Company Ltd. Vs. Shalini Singh and ors.
Court: Jharkhand
Decided on: Mar-13-2001
Reported in: II(2001)ACC693
ORDERGurusharan Sharma, J. 1. Heard the parties and with their consent this appeal is disposed of under Order XLI. Rule 11 of the Code of Civil Procedure. Against the impugned judgment and award dated 11.10.1999, passed by 3rd Additional Judicial Commissioner-cum-3rd Additional Motor Vehicle Accident Claim Tribunal, Ranchi, in Compensation Case No. 127 of 1998, under the provisions of Motor Vehicles Act. 1988 (hereinafter referred to as 'the Act'), the insurer has preferred the present appeal under Section 173 of the Act. It is pointed out that in absence of any evidence in respect of actual personal expenses of the deceased, out of his earnings, only 1/4th of his earnings was deducted, whereas as per settled law. in such circumstance, 1/3rd thereof ought to have been deducted. A perusal of impugned judgment reveals that in paragraph No. 12 it was mentioned that Rs. 18,000/- i.e., 1/3rd of annual dependency of Rs. 72,000/- was being deducted towards personal expenses of the deceased, w...
Karuna Jha Vs. Bihar State Electricity Board and ors.
Court: Jharkhand
Decided on: Mar-12-2001
Reported in: II(2001)ACC655
M.Y. Eqbal, J.1. The question arises for consideration is as to what amount the claimant is entitled in the event of death of an employee of Bihar State Electricity Board, who met fatal accident arising out of and in the course of employment.2. In the instant case the husband of the petitioner was a permanent employee of the Board and was working as Switch Board Operator in the District of Hazaribagh. He died at the age of 44 years while on duty and at the time of his death his monthly salary was Rs. 2645/-. The petitioner was paid cash payment of Rs. 70,216/- only as compensation under Section 4A(3) of the Workmen Compensation Act, 1923. The petitioner was also paid a sum of Rs. 14,767/- as gratuity.The grievance of the petitioner is that she is entitled to cash payment of Rs. 2.00 lakhs as compensation under the scheme framed by the Board and also family pension in accordance with the rules.3. A counter-affidavit has been filed on behalf of the Board, wherein the death of the employe...
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