Jharkhand Court August 2001 Judgments
Sachidanand Prasad Sharma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-31-2001
Reported in: 2002(50)BLJR104
ORDERM.Y. Eqbal, J. 1. Heard the parties. 2. In this writ application the petitioner has prayed for quashing the Office Order No. 430 dated 21.10.2000 whereby the representation of the petitioner has been rejected, the effect of which is that the services of the petitioner have been terminated. 3. Petitioner's case inter alia is that he was initially appointed in 1983 on daily wage in Mechanical Division of Road Construction Department and worked in Hot Mix Plant on National Highway No. 33 till 31.3.1984. Thereafter by virtue of decision taken by the Establishment Committee, in its meeting dated 15.9.94 petitioner was appointed against sanctioned vacant post of peon and was posted in Road Division (Mechanical) Hazaribagh. It is stated that inspite of the Superintending Engineer to the Executive Engineer, the salary of the petitioner has not been paid. Petitioner then moved this Court by filling CWJC No. 2712/99 (R) for a direction to the respondents for payment of salary which was due ...
Tag this Judgment!Umdanand Mishra Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-30-2001
Reported in: 2002CriLJ2851
ORDERV.K. Gupta, C.J.1. On the question whether the order framing a charge or refusing to discharge the accused is revisable under Section 397, Cr PC or not, I have heard the detailed arguments of the learned counsel for the parties. Section 397, Cr PC reads thus :--'397. Calling for records to exercise of powers of revision.--(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. (2) The powers of revision conferred by Sub-section ...
Tag this Judgment!Sakel Khan Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Aug-30-2001
Reported in: 2002(50)BLJR266
ORDERM.Y. Eqbal, J. 1. In this writ application the petitioner has prayed for quashing the order dated 11.12.99 passed by respondent No. 3. the Conservator of Forest, Ranchi, Territorial Circle, Ranchi and also the orders as contained in letters dated 7.7.97 and 26.11.97 issued by the Divisional Forest Officer, East Division, Ranchi whereby the application for grant of licence for running Saw mill at Ranchi has been rejected. 2. Petitioner's case is that he is the owner of M/s B.K. Tinber, Namkum, Ranchi. In 1996 he had applied for grant of Saw Mill licence. Along with the application the petitioner had deposited Rs. 1000/- by way of bank draft and the petitioner, thereafter, carried on his business. As no objection was raised within a period of 30 days and even thereafter, on the basis of deemed licence the petitioner again deposited Rs. 1,000/- at theend of the year for the renewal of the licence. However, by letter dated 7.7.97 an explanation was called for from the petitioner and i...
Tag this Judgment!Bihar Hydro Carbon Products Ltd. Vs. Bihar State Electricity Board and ...
Court: Jharkhand
Decided on: Aug-30-2001
Reported in: 2002(50)BLJR264
ORDERThe Court 1. Heard the parties.2. In this writ application the petitioner has prayed for issuance of writ in the nature of certiorari for quashing the order dated 22.1.2000 passed by Electrical Superintending Engineer whereby the said authority has refused to entertain the notice dated 20.2.98 for reduction of load from 280 KVA to 135 KVA and held that notice period will expire in November. 2000 treating the letter dated 11.11.1999 as the notice for reduction of load. Petitioner also challenged the bill dated 27.9.2000 which was raised on the basis of contract demand of 280 KVA.3. The petitioner was sanctioned a load of 135 KVA. A High Tension Tariff agreement to that effect was executed on 8.2.1995. Immediately after 1-1/2 years petitioner applied for enhancement of load from 135 KVA to 280 KVA. The request of the petitioner was accepted and additional agreement was executed on 29.1.97 enhancing load from 135KVA to 280 KVA with effect from 1.11.1996 Petitioner's case is that sinc...
Tag this Judgment!Anil Kumar Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Aug-28-2001
Reported in: 2001(49)BLJR1974
ORDERS.J. Mukhopadhaya, J.1. This application has been preferred by the petitioner to direct the respondents to return the goods, as were seized by respondents No. 3 to 5 in connection with Barhi P.S. Case No. 117 of 1997, dated 3rd October, 1997, with interest under Section 6-C(2) of the Essential Commodities Act ('E.C. Act', in short).2. The brief facts of the case are that the petitioner was carrying on business in the name and style of Satyam Enterprises at Barhi in the district of Hazaribagh. He was holding valid wholesale Licence No. 10/96 to deal in edible oil, sugar and foodgrains. The respondents made an inspection on 3rd October, 1997 in the shop premises of the petitioner in presence of sub- Divisional Officer, Executive Magistrate, Commercial Taxes Officer, Block Supply Officer, Supply Inspector and other officials of Supply Department. During Inspection several articles were seized on the ground that the petitioner was indulged tax evasion of Bazar Samiti, black-marketing ...
Tag this Judgment!Bishwanath Jha Vs. Bihar State Electricity Board and ors.
Court: Jharkhand
Decided on: Aug-28-2001
Reported in: [2002(93)FLR1125]
ORDERM.Y. Eqbal, J. 1. Heard the parties.2. The high handedness of the authorities of the respondent-Board is apparent from the fact that the Board, after compelling the employee to go for medical examination after 30-40 years of service, has issued letter of superannuation on the basis of physical assessment of age made by the Medical Board.3. In the instant case the petitioner joined service in 1969 on the post of lineman/ khalasi. A Service Book was opened in the year. 1969, a copy of which has been annexed as Annexure 1 to the writ application. The genuineness of the Service Book has not been denied or disputed by the respondents save and except that the same was prepared in 1983.4. From perusal of the Service Book it appears that the date of birth of the petitioner was recorded as 3.1.45 and the Service Book was signed by the Electrical Executive Engineer. In the back portion of first page of the Service Book a medical certificate has been given under Section 49 of the Civil servi...
Tag this Judgment!Durga Charan Deogharia Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Aug-27-2001
Reported in: 2002CriLJ1901
ORDERV.K. Gupta, C.J.1. These proceedings initiated suo motu by the Court against the respondent No. 2. Sri Manoj Singh, the Divisional Forest Officer, East Division, Ranchi-cum the Authorised Officer under the Indian Forest Act, 1927 (Bihar Amendment Act,1990) for committing contempt of this Court have arisen in the following manner :--2. On 3.7.2001, after admitting the writ petition being WP (Cr) No. 93 of 2001, this Court had passed an ad interim order directing release of the truck bearing Registration No. HR- 38C/1184 provisionally in favour of the writ petitioner, if the petitioner was its registered owner and if he furnished an undertaking to the effect that he would produce the vehicle in question if and when required by any officer or by any Court. It appears that despite this specific order passed and the categorical direction issued by this Court, the truck in question was not released by the respondent Sri Manoj Singh on being approached by the petitioner. This resulted in...
Tag this Judgment!Vijay Ram Vs. Bccl and ors.
Court: Jharkhand
Decided on: Aug-20-2001
Reported in: 2001(49)BLJR2375; [2002(92)FLR1220]
M.Y. Eqbal, J. 1. Heard Mr. Jai Prakash, learned counsel for the petitioner and Mr. A.K. Mehta, learned counsel for the respondents.2. The petitioner is aggrieved by the order which was communicated vide letter dated 12.11.1999 whereby the respondents rejected the application of the petitioner seeking employment on compassionate ground.3. Late Lakhan Ram father of the petitioner, was an employee in Hurriladih Colliery under the respondents and in course of employment he died on 11.5.1993. The widow of the deceased, Smt. Radha Devi firstly made an application in 1994 for her appointment on compassionate ground. It is stated that the application of the widow was not considered by the respondents. However, in 1996 another application was filed by the petitioner being the son of the deceased claiming appointment on compassionate ground. The said application remained pending till 1999. However, by letter dated 12.11.1999 the respondents informed the petitioner that his claim for appointment...
Tag this Judgment!Ranjeet Lohra Vs. State of Bihar
Court: Jharkhand
Decided on: Aug-14-2001
Reported in: 2002CriLJ329
Deoki Nandan Prasad, J. 1. This criminal appeal is directed against the judgment of conviction and sentence dated 21.8.1998 passed by Shri D.P. Singh. 1st Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 157 of 1997, whereby and whereunder the learned Additional Judicial Commissioner, Ranchi, convicted the appellant for the offences under Sections 366 and 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years on each count. 2. The prosecution case in brief is that the informant Sharda Devi lodged a first information report alleging therein that she resides in the Marwari Womens College Gam-pus, Ranchi and the accused appellant Ranjeet Lohra used to visit her house. It isfurther alleged that on 10.9.1976 Kaushalya Devi, the mother of the accused appellant came to her house and talked with her daughter, Lalita. Thereafter Lalita left the house by saying that she is going to her friend's house. She came to know later on that her daug...
Tag this Judgment!Ratan Chandra Ghosh Vs. Bajranglal Singhania and ors.
Court: Jharkhand
Decided on: Aug-10-2001
Reported in: 2002(50)BLJR484
Gurusharan Sharma, J. 1. Plaintiff filed a suit for eviction under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 against defendants in respect of the suit premises, which was a shop, measuring 20' x 38' . Plaintiff claimed the suit premises for his personal use and occupation for the purpose of residence as also for the purpose of starting electric goods' business and repairs by his eldest son.2. Earlier plaintiff had filed Eviction Suit No. 164 of 1973 for eviction of the defendant on the ground of personal necessity and default in payment of rent. The said suit was decreed on the ground on default in payment of rent and plaintiffs claim for personal necessity as negatived. Ultimately, the Apex Court in Civil Appeal No. 2279 of 1984 rejected the plaintiffs claim for eviction of the defendant on the ground of default. Hence, the Eviction Suit No. 164 of 1973 was dismissed. Plaintiff thereafter filed the present unit on the aforesaid grounds, which has b...
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