Jharkhand Court July 2001 Judgments
Society for Protection and Enforcement of Adivasi Right and anr. Vs. t ...
Court: Jharkhand
Decided on: Jul-31-2001
Reported in: 2002(50)BLJR301
ORDER1. What is challenged in this petition is a Notification/Circular dated 3rd March, 1979, issued by the Government of Bihar addressed to various functionaries of the State.2. Even though the text of this Notification is in Hindi, the English translation, as far as text generally suggests to us is that it deals with a situation where a tribal woman marries an upper caste Hindu (SAVARN HINDU) and in such an eventuality the off springs born out of this wedlock would be accorded the status of belonging to the Scheduled Tribe to which the woman belongs, but only if and after the Community of such Scheduled Tribe accepts the factum and the reality of this marriage. In other words, the Community of this Tribe accepts the couple into its fold. Based on this, this Communication accordingly directs and instructs all the State functionaries to hold enquiries with respect to the foresaid aspect as to whether the Community of such Scheduled Tribe has accepted the marriage, thus recognising the ...
Tag this Judgment!Santosh Kumar Mondal and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jul-31-2001
Reported in: [2001(91)FLR358]
ORDERM.Y. Eqbal, J.1. Heard Mr. R.S. Mazum-dar, learned counsel for the petitioners and Mr. K.K. Singh, learned JC to AAG.2. In this writ application the petitio-ners have prayed for quashing the Officer order dated 16.5.1997 issued under the signature of District Education Officer. Dhanbad whereby petitioners have been removed from the service and their salary have been stopped.3. Petitioners were appointed on the post of Clerk and peon in the year 1982. Their services were terminated on 23.7.1992 on the ground that they were illegally appointed by the then District Education Officer. Petitio-ners challenged the order of termination by filing CWJC No. 2889/1994 (R) and the writ application was disposed of with a direction to the petitioners to file representation. In review petition being Civil Review No. 47 of 1995 (R) the order dated 2.8.1995 passed in CWJC No. 2889/1994 (R) was modified to the extent that the representation of the petitioners shall be disposed of in the light of or...
Tag this Judgment!Employers in Relation to the Management of Bhalgora Area of Bccl Vs. U ...
Court: Jharkhand
Decided on: Jul-31-2001
Reported in: [2001(91)FLR347]
ORDERM.Y. Eqbal, J. 1. In this writ application the petitioner, who is the management of Bhalgora Area of M/s. BCCL, has prayed for issuance of appropriate writ in the nature of certiorari for quashing the award passed bythe Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad dated 13.6.2000 in Reference Case No. 98/94 whereby the award has been answered in favour of the respondent-workmen and further prayed for quashing the order dated 22.11.1995 passed by the Tribunal whereby it was held that the domestic enquiry could have been conducted by an officer of the Company as enquiry officer and not by any other officer. 2. The fact of the case lies in a narrow compass. 3. In 1986 the petitioner Management had formulated scheme and guidelines for appointment of the candidates belonging to the scheduled tribe and scheduled caste and accordingly different areas of company submitted their list of suitable candidates. A panel of 319 names of such selected candidates belong...
Tag this Judgment!National Insurance Company Ltd. Vs. Harish Chandra Ganguly and anr.
Court: Jharkhand
Decided on: Jul-27-2001
Reported in: 2002(50)BLJR2117
ORDER1. This is an appeal by the Insurance Company against a judgment of the learned single Judge passed on 23.9.1993 in M.A. No. 239 of 1992 (R), whereby the appeal filed by the appellant against the Award passed by the Motor Vehicles Accident Claim Tribunal, Dhanbad, was dismissed. 2. The only ground urged by Mr. A.K. Sahani, learned counsel appearing for the appellant, is that the Insurance Company can not be held liable for payment of the compensation as per the Award passed by the Tribunal in its entirety, inasmuch as the appellant had a limited liability and, therefore, the Tribunal committed an error in passing an award against the appellant, ignoring the limited liability as was fixed in the Policy of Insurance. The learned single Judge has negatived this contention of the appellant on the ground that the policy of Insurance was not produced, exhibited or got proved before the Tribunal and, therefore, the said contention of the appellant cannot be acceded to. 3. Upon hearing Mr...
Tag this Judgment!Oriental Insurance Company Ltd. Vs. Johan Shah @ Md. Jahan and ors.
Court: Jharkhand
Decided on: Jul-27-2001
Reported in: 2002(50)BLJR305
ORDER1. This appeal by the Insurance Company is against the Award and judgment passed by the 4th Addl. Judicial Commissioner, Ranchi, dated 10.2.1995, whereby a sum of Rs. 2,00,000/- with interest, initially at the rate of 10% per annum and later on at the rate of 10%, has been awarded in favour of the respondent No. 1 and against the appellant.2. The case of the respondent No. 1 claimant before the Tribunal was that he had received injuries because of an accident, which occurred on 22.4.1990. In this appeal, we are not concerned with any question relating to the occurrence of the accident as such or whether the accident occurred because of the rashness and negligence on the part of the driver of the vehicle. That is not an issue for adjudication before us in this appeal.3. The limited issue raised for our adjudication by the appellant-Insurer is with respect to the determination of the quantum of compensation based on the assessment as per the learned Tribunal with regard to the alleg...
Tag this Judgment!Ravi Bhushan Seth Vs. Meena Seth @ Meena Kumari
Court: Jharkhand
Decided on: Jul-27-2001
Reported in: 2002(50)BLJR331; I(2002)DMC219
Gurusharan Sharma, J. 1. Petitioner filed Matrimonial Title Suit No. 26 of 1993 against opposite party for dissolution of marriage on the ground of desertion and cruelty, which was decreed ex parte on 19.3.1994. 2. On 29.6.1995, opposite party filed an application under Order IX, Rule 13 of Civil Procedure Code, for setting aside the said ex parte decree along with a petition for condonation of delay, which was registered as Misc. Case No. 3 of 1995. 3. By impugned order dated 2.8.2000, said miscellaneous case was allowed, ex parte decree dated 19.3.1994 was set aside and Matrimonial Title Suit No. 26 of 1993 was restored. 4. Petitioner has challenged the aforesaid order in this revision application. 5. Opposite party came out with a case that for the first time on 4.6.1995, when she went to the petitioners house, she was not allowed to enter into and at that point of time, petitioner disclosed to her that he has already divorced her and now he had no relation with her. She became surp...
Tag this Judgment!Smt. Lalpari Devi and anr. Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Jul-27-2001
Reported in: 2002(1)BLJR299
M.Y. Eqbal, J.1. Petitioners have challenged the order dated 26-10-99 passed by respondent No. 2, Deputy Commissioner, East Singhbhum, Jamshedpur by reason whereof he has confiscated the truck of the petitioners bearing registration No. BR-14G-8058 and HR-29-A-7688 and directed for sale of the trucks in public auction.2. Petitioners are the owner of the trucks. On the basis of report of the Marketing Officer, Jamshedpur, a case under Section 7 of the Essential Commodities Act (in short E.C. Act) was instituted against one Amarjeet Singh, Devendra Prasad Agarwal and the drivers of the trucks as aforesaid.3. These two trucks found loaded with sugar standing in front of the shop of one Amarjeet Singh. It is alleged in the report that a substantial quantity of sugar was already unloaded from truck No. BR-14-G-8058 and only 54 bags were found on it. The drivers and the persons named above could not produce any document in support of sugar rather the drivers disclosed that they had loaded th...
Tag this Judgment!Mahendra Mohan Dey and anr. Vs. Jyotish Lal Sahu and anr.
Court: Jharkhand
Decided on: Jul-24-2001
Reported in: 2002(50)BLJR849
ORDERV.K. Gupta, J.1. This revision petition in terms of Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 has been filed by the defendant tenant against the Order dated 15.12.1997 passed by the learned Munsif, Ranchi, in Eviction Suit No. 26 of 1995 whereby the plaintiff- respondents' suit has been decreed ex parte with costs and the defendant-petitioners were directed to deliver the vacant possession of the suit premises to the plaintiffs within three months.2. Brief facts giving rise to the filing of this Revision Petition are that the plaintiffs filed a suit for eviction of the defendants from the suit premises, which is a shop situated on the Main Road of Ranchi Town. The suit was filed in terms of Section 11(1)(c) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the Act) on the ground that the plaintiffs reasonably and in good faith required the suit property for the use and occupation of their sons. E...
Tag this Judgment!Sunil Kumar Das Vs. Bihar School Examination Board and anr.
Court: Jharkhand
Decided on: Jul-23-2001
Reported in: 2002(50)BLJR330
ORDERS.J. Mukhopadhaya, J. 1. In both the cases as common prayer made for publication of result of primary teachers training examination, they were heard together and are being disposed of by this common order. 2. The petitioner Sunil Kumar Das of CWJC No. 1358, 1999 (R) was a regular student of SPG Mission Primary Teachers Training College, (Male), Ranchi and stated to have completed study for the session 1991-93. He having found eligible was also allowed to appear in the Primary Teachers' Training Examination held from 2nd August, 1994 by the Bihar School Examination Board, Patna. 3. So far as petitioner Miss Nimunti Soy and others of CWJC 2213/2000 (R) are concerned, according to them, they were also regular student of SPG Mission Primary Teachers Training College, (Male), Ranchi and completed studies for the session 1991-93 and 1992-94. They being eligible and suitable were also allowed to appear in the Primary Teachers Training Examination held since 2nd August, 1994, conducted by...
Tag this Judgment!Thamni Devi and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jul-20-2001
Reported in: 2002(50)BLJR308
M.Y. Eqbal, J.1. The petitioners are aggrieved by the order passed by the Deputy Commissioner-cum-Competent Authority where he has declared 12,449.64 square meters of land of the petitioners as surplus land in a proceeding under Urban Land (Ceiling & Regulation) Act, 1976 (in short 'the said Act'). The petitioners are also aggrieved by the order dated 20.4.99 passed by respondent No. 2, the Commissioner. South Chotanagpur Division, Ranchi whereby he has affirmed the order passed by the Deputy Commissioner and dismissed the appeal.2. Petitioners' case is that the land of Khata No. 12 of village Lowadih, Namkum. Ranchi measuring total area of 12.77 acreshave been recorded in R.S. records of right as agricultural land in the name of Karma Teli and Gopi Teli. both sons of Puran Teli. Said Karma Teli filed return under Section 6(1) of the said Act giving details of the lands held and possessed by him and his family members. Karma Teli died during the pendency of the ceiling proceeding in 19...
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