Jharkhand Court March 2001 Judgments
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Osaka Minerals Pvt. Ltd. Vs. the Bihar State Electricity Board and ors ...
Court: Jharkhand
Decided on: Mar-08-2001
Reported in: 2001(49)BLJR1988
ORDERS.J. Mukhopadhyaya, J.1. This application has been preferred by petitioner for direction on the respondent Bihar State Electricity Board (BSEB) and its authorities to refund the excess amount charged from petitioner by way of excess billing in connection with Consumer No. ADI-162, LTIS.2. The case of petitioner is that the firm was sanctioned an electrical connection with load capacity of 79 HP on 16.7.1996 for which a security amount of Rs. 31,600/- was deposited by it on 20.7.1996. However, actual connection given to the petitioner was of 63 KVA out of which 10 KVA was given to another consumer, a petrol pump. In the background, the petitioner applied for temporary connection of 35 HP load and deposited security money to the tune of Rs. 14,000/- on 16.10.1996. Subsequently, another sum of Rs. 82,718.67 paise deposited on 21.7.1997 whereafter the electrical connection with load capacity of 79 HP was regularised on 11.8.1997. In the meantime, a day earlier on 10.8.1997, temporary ...
Arjun Prasad Singh Vs. Project and Development India Ltd. and ors.
Court: Jharkhand
Decided on: Mar-08-2001
Reported in: 2002(50)BLJR674
ORDERS.J. Mukhopadhyaya, J.1. The petitioner who was allowed to retire under Voluntary Retirement Scheme (VRS) having not allowed retiral benefits, as per Circular No. 374 dated 5th September, 1995 read with Circular No. 400 dated 12th October, 1995, has moved this Court for payment of rest of the benefits, as per those circulars.2. The fact as pleaded and admits shows that the petitioner was working as A.M.O. under Project and Development India Ltd. (PDIL) Sindhri A. V.R. Scheme was in existence since 5th October,1988 published by Government of India's Memorandum No. 2(36)/86-BPE(WC) of the said date. Thereafter, a new V.R. Scheme was introduced by Respondent-PDIL, Sindri by Circular No. 374 dated 5th September, 1995, subject to approval of Union of India. The scheme was initially made in force for fifteen days w.e.f. 7th September, 1995 to 21st September, 1995 but the date was subsequently extended upto 18th October, 1995 by subsequent Circular No. 400 dated 12th October, 1995. Inter...
The Oriental Insurance Company Ltd. Vs. Md. Jan and ors.
Court: Jharkhand
Decided on: Mar-05-2001
Reported in: II(2001)ACC96; 2002ACJ1027; 2001(49)BLJR1747
ORDERGurusharan Sharma, J. 1. Heard and perused the Lower Court records. Compensation Case No. 94 of 1994 was filed tinder Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') by respondents 1 to 5, who are parents, brothers and sister of deceased, Sabir Khan. On 8.4.1994, while going to purchase motor spare from his workshop 'Jayanta Motor Works' he was dashed by a truck (MBM 3099) coming from opposite direction and died. He was 18 years old and was working as Motor Mechanic in the aforesaid Workshop and was earning Rs. 1,500/- per month. By impugned judgment and award, 2nd Additional Judicial Commissioner, Ranchi, assessed a sum of Rs. 1,68,000/- with interest (c) 12% per annum payable by-Insurance Company to the claimants.2. It was established that accident took place on account of rash and negligent drive of the truck. In the present appeal, filed under Section 173 of the Act, appellant-Insurance Company has mainly raised question as to whether it was ...
Surendra Prasad Keshri Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Mar-02-2001
Reported in: 2001CriLJ2471
ORDERVinod Kumar Gupta, C.J.1. The offence patently seems to be time barred. The Court, without any application of mind, appears to have mechanically rejected the petitioner's application for dropping the proceedings in terms of Section 468. Cr PC merely because the cognizance earlier had been taken by the learned Chief Judicial Magistrate, Dhanbad, and after taking cognizance the case was transferred to the learned Judicial Magistrate.2. I, have perused the order dated 14.12.2000 and find that the only ground onwhich the petitioner's application filed under Section 468, Cr PC was dismissed is that the cognizance of the case earlier was taken by the Superior Court. The observations of the trial Court are as follows :'......In this case the cognizance hasbeen taken by the superior Court and the cognizance is still good enough till today.'3. It is only on the basis of the aforesaid observation that the petitioner's application has been dismissed by the learned court below. He has not at ...
Baldeo Mahto Vs. State of Bihar
Court: Jharkhand
Decided on: Mar-02-2001
Reported in: 2001(3)BLJR2073
Deoki Nandan Prasad, J.1. This Criminal appeal has been filed by the sole appellant against the judgment of conviction and order of sentence dated 22-7-1995 passed by the Additional Judicial Commissioner, Khunti, in Sessions Trial No. 375 of 1990/T.R. No. 206 of 1993 under which the learned Judicial Commissioner convicted the appellant under Section 304 (II) of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years.2. The prosecution case in brief as stated is that on 17-9-1989 at about 1.30 p.m., one Sikhar Mahto lodged a First Information Report stating therein that on 15-9-1989 at about 6 p.m., his servant, Dukhan Swansi while returning back with the cattle, the appellant Baldeo Mahto assaulted his servant with lathi. It is also alleged that he had gone out of the village and when he returned back, he came to know about the occurrence from his wife. Accordingly, a case under Sections 341 and 325 of the Indian Penal Code was registered subsequently S...
Ram Nandan Beldar @ Rama Nand Beldar and anr. Vs. B.C.C.L. and ors.
Court: Jharkhand
Decided on: Mar-01-2001
Reported in: [2001(90)FLR250]
ORDERS.J. Mukhopadhyaya, J. 1. One Smt. Sibia Kamin was a casual wagon loader in the Phulwari land Colliery of BCCL, Dhan-bad. She was made permanent on 1st January, 1989 and subsequently applied for voluntary retirement and granted on 13th August, 1990. After her retirement, the gratuity amount was not paid, nor deposited with the controlling authority under the Payments of Gratuity Act, 1972. Even after her death, it was not paid in favour of the nominee, who also died on 14th May, 1993. 2. The petitioners, who are the heirs of deceased-employee, moved this Court for payment of Provident Fund; Gratuity; Leave Encashment and Group Insurance amount. 3. From the records enclosed with the affidavit, it appears that the details relating to payment of Provident Fund amount has been forwarded to the Assistant Commissioner (I), CMPF, Zone-II, Dhanbad, vide letter No. 807/94, dated 25th August, 1994. It is stated that the said Officer is now liable to pay the Provident Fund in favour of the n...
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