Jharkhand Court May 2001 Judgments
Employers in Relation to the Bhurkunda Colliery C.C.L Vs. their Workme ...
Court: Jharkhand
Decided on: May-11-2001
Reported in: [2001(90)FLR443]
M.Y. Eqbal, J.1. The petitioner of CWJC No. 1175/89 (R), who is the employer in relation to the management of Bhurkunda Colliery of M/s. Central Coalfields Ltd., has challenged the award dated 13.5.1988 passed by the Presiding Officer, Central Government Industrial Tribunal No. 2, Dhanbad in Reference Case No. 250/86, whereby and where-under the management has been directed to enlist the workmen named in the list annexed to the award and pay 50% of the wages of category I to the concerned workmen till they are enlisted as casual workmen of Bhurkunda Colliery. While in CWJC No. 1083/91 (R), the petitioner M/s. Koyala Mazdoor Sabha representing their workmen, is aggrieved by that part of the said award whereby the tribunal refused to regularise other 51 workmen, who are members of the petitioner and also that part of the award by which the tribunal awarded only 50% of the back wages. These two cases along with CWJC No. 680 are being disposed of by this common judgment.2. It appears that ...
Tag this Judgment!Navketan Enterprises Vs. Commissioner of Income Tax, Central Circle, P ...
Court: Jharkhand
Decided on: May-10-2001
Reported in: 2001(49)BLJR2182
V.K. Gupta, C.J. 1. A very short point isinvolved for consideration in this case. The petitioner challenges the initiation of proceedings under Section 147 of the Income Tax Act and with regard to the issuance of the Notices in terms of Section 148 of the Income Tax Act, 1961 on the ground that the Assessing Officer has wrongly obtained the approval of the Joint Commissioner before issuing the impugned notices whereas he should have obtained the approval of the Board because that was the requirement of law as it stood in the year 1988, relating to the Assessment Year 1988-89.2. Admittedly the petitioner received a notice in terms of Section 148 of the Income Tax Act. 1961 (the notice is dated 8.12.1998) whereby the petitioner was informed by the Assessing Officer that he had reasons to believe that his income chargeable to tax for the Assessment Year 1988-89 had escaped assessment within the meaning of Section 147 of the Act and that, therefore, the Assessing Officer proposed to reasse...
Tag this Judgment!B.K. Sinha and ors. Vs. Radhika Devi
Court: Jharkhand
Decided on: May-10-2001
Reported in: (2003)ILLJ955Jhar
ORDER1. This appeal is directed against the order dated 10th April, 2001,passed by the learned Single Judge of this Court. The learned Single Judge, while dealing with the contempt application filed by the respondent, had issued a direction to the appellants to release the entire retiral dues of the deceased-husband of the respondent within seven days from the date of passing of the aforesaid order.2. It is worth recalling that the contempt application in question (MJC No. 593/ 1999R), from out of which the aforesaid order dated 10th April, 2001 has arisen, was filed by the respondent, Radhika Devi, because, according to her. the original Judgment of this Court passed on 20.1.1998 in the writ petition being CWJC No. 1328/1997R was not complied with. The deceased husband of the respondent being an employee of the Corporation had filed the aforesaid writ petition in this Court seeking the relief of payment of certain outstanding dues and during the pendency of the writ petition, he havin...
Tag this Judgment!Ramesh Mondal Vs. State of Bihar
Court: Jharkhand
Decided on: May-10-2001
Reported in: 2001(49)BLJR1816
Deoki Nandan Prasad, J.1. In this appeal, the sole appellant assailed the judgment of conviction and sentence dated 29.9.1995 passed by 3rd Additional Sessions Judge, Dhanbad, in Sessions Trial No. 39 of 1994, whereby and whereunder, the learned Additional Sessions Judge convicted the appellant for the offences under Sections 395 and 412 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment, five years on each count. However, both the sentences were ordered to run concurrently.2. The short facts, as alleged in the prosecution case, are that one Prawal Mistry, the Driver of Truck No. BIR 5721, was returning from Dehri-on-Sone after unloading coal and going towards Baghmara and when at about 4 a.m., he reached near Musa Pahadi,he saw some boulders kept on the road and on seeing this, he became afraid. It is further alleged that the informant stopped his truck and started driving his truck back but the vehicle went in wrong side and, as such, he stopped the truck. In...
Tag this Judgment!Baleshwar Mahto and anr. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: May-10-2001
Reported in: 2001(49)BLJR1809
ORDERS.J. Mukhopadhaya, J.1. This application has been referred by petitioners against the orders dated 23.10.1999 passed in Certificate Case No. 279/98-99 and order dated 30.10.1999 passed in Certificate Case No. 280/98-99 whereby and whereunder the respondent-District Certificate Officer, Hazaribagh directed the petitioners to deposit the amount, in question, in lieu of less Court-fee stamp made for registered deeds.2. The case of the petitioner is that they purchased two sets of land from one Deoki Devi, vide two registered deed Nos. 4327 and 4317, dated 21.4.1992 duly registered by the District Sub-registrar, Hazaribagh, for an area mentioned in the deeds. In the year 1996, when it came to the notice of the vendor and vendees, certain mistake in respect to plots made correction in 1992 registered deeds through two separate registered deeds executed on 8.11.1996.The Registrar. Registration Officer, Hazaribagh, vide letter dated 6.2.1997 while referred the subsequent registered deeds...
Tag this Judgment!Employer in Relation to the Management of Moonidih Project of Bccl Vs. ...
Court: Jharkhand
Decided on: May-10-2001
Reported in: [2001(90)FLR615]
S.J. Mukhopadhaya, J.1. As both the cases are similar in nature, common question of law involved, they were heard together and are being disposed of by this common judgment.2. Shri Sohan Bouri and Shri PuranChand Bouri, both Minor Leader under Moo-nidih Project of M/s BCCL were procee- deddepartmen tally, separately and were dismissed from service vide two orders No.89/2118 and 89/2120 both dated 24/27September, 1989. On such dismissal, at the instance of the workmen, the Central Government from its Ministry of Labour referred the following disputes for adjudication to the Tribunal under clause (d) of sub-sections (1) and (2-A) of Section 10 of the Industrial Disputes Act, 1947 :In respect of Shri Sohan Bouri : 'Whether the action of the Management of Moonidih Project under M/s BCCL in awarding punishment of dismissal to Shri Sohan Bouri. Minor Leader under Order No. NO/PO/Per/Dismiss-al/89/2118, dated 24/27.9.1989 is justified If not, to what relief the workman is entitled ?' In respe...
Tag this Judgment!Jhirga Oraon Vs. State
Court: Jharkhand
Decided on: May-10-2001
Reported in: 2001(49)BLJR1794; 2001CriLJ3812
Deoki Nandan Prasad, J.1. All the three appellants preferred this appeal against the judgment of conviction and sentence dated 28/29-9-1995 passed by 3rd Additional Judicial Commissioner, Ranchi in S.T. No. 257/92 under which the learned Sessions Judge convicted the appellants under Section 376(b) of the Indian Penal Code and sentenced each of them to undergo R.I. for 10 years.2. The case of the prosecution in brief as stated that the Informant Birsi Kumari (P.W. 4) claimed to had gone to her aunt's house, namely, Birsi Orain to celebrate Sarhul festival which is situated in her own village and slept in the night in the house of her aunt with Nagia Oraon and Chaiya Oraon. In the midnight at about 12 a.m. the appellants entered into house and all of them lifted the informant and took her away, when she also raised alarm at which Nagia and Chaiya Orain also woke up and they objected, but even the appellants threatened to keep quite and thereafter they took her to Patra jungle one kilomet...
Tag this Judgment!Navketan Enterprises Vs. Commissioner of Income-tax and anr.
Court: Jharkhand
Decided on: May-10-2001
Reported in: [2001]250ITR508(Jharkhand)
V.K. Gupta, C.J.1. A very short point is involved for consideration in this case. The petitioner challenges the initiation of proceedings under Section 147 of the Income-tax Act and with regard to the issuance of the notices in terms of Section 148 of the Income-tax Act, 1961, on the ground that the Assessing Officer has wrongly obtained the approval of the Joint Commissioner before issuing the impugned notices whereas he should have obtained the approval of the Board because that was the requirement of law as it stood in the year 1988 relating to the assessment year 1988-89.2. Admittedly, the petitioner received a notice in terms of Section 148 of the Income-tax Act, 1961 (the notice is dated December 8, 1998), whereby the petitioner was informed by the Assessing Officer that he had reasons to believe that his income chargeable to tax for the assessment year 1988-89 had escaped assessment within the meaning of Section 147 of the Act and that, therefore, the Assessing Officer proposed ...
Tag this Judgment!Shankar Mandal Vs. State
Court: Jharkhand
Decided on: May-09-2001
Reported in: 2001CriLJ3795
Deoki Nandan Prasad, J.1. This appeal is directed against the judgment of conviction and sentence dated 15.9.1995 passed by the learned Special Judge (CBI), Dhanbad in R.C. Case No. 9 of 1981 (D), whereby and whereunder the learned Judge convicted the appellant under Section 409 of the Indian Penal Code and under Section 5(1)(c) of the Prevention of Corruption Act, 1947 and sentenced him to undergo R.I. for four years and three years respectively, but both the sentences are ordered to run concurrently.2. The case of the prosecution, in brief, as alleged is that in January, 1979 the appellant-Shankar Mandal took charge of Assistant Storekeeper, Rajpura including the diesel and the diesel pump was shown as opening balance in between 1.4.1980 and 16.3.1981. 1317515 litres of diesel was supplied by Indian Oil Corporation to the pump whereas 1255828 litres of diesel was Issued during this period and 112406 litres of diesel should have been balance on 16.8.1981 whereas 4521 litres of diesel ...
Tag this Judgment!Moti Sao Vs. State
Court: Jharkhand
Decided on: May-09-2001
Reported in: 2001(49)BLJR1792
Deoki Nandan Prasad, J.1. This application under Sections 397/401 of the Code of Criminal Procedure had been filed by the sole-petitioner challenging the order dated 16.5.1995 passed by the Judicial Magistrate. 1st Class, Bokaro at Chas in G.R. Case No. 120/B/35. whereby and whereunder the learned Magistrate passed order to proceed with the case after framing of charge, though the copy of the police paper was not supplied as required under Section 207, Cr PC.2. This case was registered under Sections 419/420/468 and 120B of the Indian Penal Code and there is an allegation that the ace used-person impersonated the name of the complainant with the help of one fake person and got the appointment of khalashi.3. The learned counsel appearing on behalf of the petitioner submitted, at the very outset, that the mandatory provision of Section 207 of the Code of Criminal Procedure has not been complied with by the trial Court as no copy of the police paper was supplied and as such the order for ...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »