Jharkhand Court October 2002 Judgments
Dr. Surendra Prasad and ors. Vs. Bihar State Housing Board and ors.
Court: Jharkhand
Decided on: Oct-31-2002
Reported in: 2002(50)BLJR2413
M.Y. Eqbal, J.1. In this writ application the petitioners seek appropriate Direction upon the respondents to make allotment of Low Income Group (LIG) residential plots at Harmoo Housing Colony, Ranchi for which the petitioners had applied as early as in the year 1977 and to complete all the formalities.2. Petitioner's case is that purlsuant to the advertisement published by the Bihar State Housing Board in the newspaper dated 21.11.1976 they applied for LIG flats at Harmoo Housing Colony. As per the requirements they deposited Rs. 500/- each alongwith prescribed applications form in the different months of the year 1976. It is contended that through a letter dated 17.3.1978 issued by the Board seeking some information from the petitioner No. 3 which was said to have been complied in 1978 itself. It is alleged that from, 1977 till 1994 a large number of correspondence was made by the petitioner to the respondents but without any fruitful result and they were not allotted plots.3. Respon...
Tag this Judgment!Arbind Kumar Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Oct-31-2002
Reported in: 2002(50)BLJR2403
M.Y. Eqbal, J. 1. Petitioner has prayed for quashing the order as contained inMemo No. 1442, dated 23.7,1994 which has been passed in compliance of the order dated 16.3.1994 passed in CWJC No. 123 of 1994 (R) and further for a direction to regularize the service of the petitioner in Class III post. 2. There is no need to discuss the fads of the case as it will reflect from the order dated 16.3.1994 passed by Division Bench of this Court in the earlier writ petition filed by the petitioner being CWJC No. 123/94R. The order reads as under :-- 'Heard learned counsel for the petitioner and learned counsel for the respondents. The petitioner was appointed on 13.11.1987 on the Post of Junior Assistant for a period of six months on compassionate ground. His services have been extended for time to time as would be evidence from the order contained in Annexure-3 Series. However, by reason of the impugned order dated 21.12.1992 (Annexure-5), the services of the petitioner has been regularized i...
Tag this Judgment!Baldeo Pandey and Tata Iron and Steel Company Ltd. Vs. Presiding Offic ...
Court: Jharkhand
Decided on: Oct-31-2002
Reported in: [2003(96)FLR717]; (2003)IILLJ309Jhar
M.Y. Eqbal, J.1. Since in these two writ applications, the petitioners are aggrieved by part of the order dated 12.12.1994 passed by the Presiding Officer, Labour Court, Jamshedpur in M.J, Case No. 14 of 1990 and M.J. Case No. 16 of 1990 filed under the provisions of Payment of Wages Act, they are being heard and disposed of by this common order.2. The admitted facts are that petitioner was in the service of the respondent No. 2, M/s. Tata Iron and Steel Co, Ltd. and was dismissed from service by order of the 5.6.1969 on the ground of his conviction in criminal case. The said order of conviction was however set aside by the High Court in terms of the judgment dated 25.7.1975 and he was acquitted from the charges. Petitioner then made a demand and raised industrial dispute for reinstatement with full back wages and continuity of service, which was ultimately referred to the Labour Court for adjudication vide Reference Case No. 20 of 1976. The Labour Court passed the Award dated 29.3.197...
Tag this Judgment!Pachola OraIn and ors. Vs. Mahabeer Prasad Tebrewal and anr.
Court: Jharkhand
Decided on: Oct-31-2002
Reported in: I(2003)ACC289; [2003(1)JCR352(Jhr)]
ORDER1. Heard the parties, Sania Oraon was working as regular labourer in HINDALCO Buxite Mines at Maidan Pat Mines. On 6.4.1987, he along with other labourers boarded on a truck, bearing registration No. BPN 9815 to go to their respective homes. It turned turtled on the way. Sania Oraon sustained grievous injuries. He was admitted in Lohardaga Hospital, where he died in course of treatment, His heirs including the widow filed'Compensation Case No. 110 of 1987 under the provisions of Motor Vehicles Act, 1939 (hereinafter referred as 'the Act'). Owner of the truck did not contest the compensation case. New India Assurance Company Limited, insurer of the truck filed written statement and contested the case, inter alia, on the ground that deceased Sania Oraon was not an authorized passenger on the truck and as such insurer had no liability to indemnify owner's liability to pay compensation under the Act. The Tribunal found that accident took place on account of rash and negligent driving ...
Tag this Judgment!Shrimandar Kumar JaIn Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Oct-31-2002
Reported in: 2002(3)BLJR2417
M.Y. Eqbal, J.1. In this writ application the petitioner has prayed for quashing the Order dated 8.10.93, 18.11.93 and 20.11.93 passed by respondent No. 3 Deputy Collector (Land Reforms) Dhanbad in Mutation Appeal No. 44/93 whereby the appeal filed by the respondents against the order of mutations was allowed.2. Petitioner claimed to have purchased the lands of various plots under Khata No. 53 and 107 in Mouza Parki, P.S. Govindpur, District Dhanbad by registered sale-deed dated 9.11.1971. After purchase, petitioner alleged to have come in possession and paying rent to the State of Bihar. In the year 1984, one Arbind Kumar Singh and others tried to interfere with the possession of the petitioner by demolishing the boundary wall and accordingly petitioner filed Title Suit No. 50 of 1984 before the Court of Sub-Judge, Dhanbad and ex parte decrees was passed against the defendant Arbind Kumar Singh and Manoj Kumar Singh. It is stated by the petitioner that respondent Nos. 5 to 7 in clande...
Tag this Judgment!Mukhdeo Singh Vs. State of Bihar
Court: Jharkhand
Decided on: Oct-31-2002
Reported in: 2002(50)BLJR2399; 2003CriLJ626
Hari Shankar Prasad, J.1. This appeal is directed against the judgment and order of sentence dated 26-7-96 passed by Sri Ram Nath Ram Mahto, learned First Additional Sessions Judge-cum-Special Judge (CBI), Dhanbad in R.C. Case No. 22/85, whereby the learned First Additional Sessions Judge held the appellant, namely, Mukhdeo Singh guilty under Section 161, IPC and sentenced him to undergo RI for two years and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo simple imprisonment for one year. The learned 1st Additional Sessions Judge further found him guilty under Section 5(2)(d) of the Prevention of Corruption Act and sentenced him to undergo R.I. for two years and to pay a fine of Rs. 500/-and in default of payment of fine to undergo simple imprisonment for one year and both the sentences were directed to run concurrently.2. The prosecution case in brief is that Tetar Bhuiyan, an underground loader of Nichitpur Colliery of B.C.C.L. gave in writing on 27-11...
Tag this Judgment!Khairu Sardar Vs. State of Bihar
Court: Jharkhand
Decided on: Oct-30-2002
Reported in: [2003(1)JCR365(Jhr)]
Vishnudeo Narayan, J.1. This appeal has been preferred by the sole appellant named above against the judgment dated 29.8.1992 passed in S.T. No. 131 of 1990 by Shri Tarkeshwar Prasad, 2nd Additional Sessions Judge, Jamshedpur whereby and whereunder the appellant was found guilty for the offence punishable under Section 302 of the Indian Penal Code for the commission of the murder of Ramesh Sardar said to be the husband of his sister and he was convicted and sentenced to undergo imprisonment for life.2. The prosecution case has arisen on the basis of the FIR (Ext. 3) of PW 1 Bhagirathi Mahto recorded by Sachidanand Dev, O.C., Dumaria PS in the district of Singhbhum on 29.10.1989 at 7.00 hours regarding the occurrence which is said to have taken place on 28.10.1999 at 18.00 hours in village Kasmar Tola, Chutia Bar PS Dumaria, district Singhbhum.3. The prosecution case, in brief, is that PW 1, the informant came to the house of his sister Gulabi Mahto with a lantern in his hand to take a ...
Tag this Judgment!Jaya Rani Nag and anr. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-30-2002
Reported in: 2003(51)BLJR122
S.J. Mukhopadhaya, J. 1. Two Certificate Case No. 9/95-96 and 10/95-96 were preferred by the Branch Manager, Central Bank of India, Dumka against the petitioners-they were decided in favour of the petitioners but the Deputy Commissioner, in Appeals No. 1 & 2/1996-97 set aside the orders passed by the Certificate Officer.2. A Division Bench of Patna High Court in L.P.A. No. 122/1997 Jeevan Nag v. The State of Bihar and Ors., taking into consideration that the Appellate Authority passed ex parte order, vide order dated 20th February, 1997 set aside the appellate orders and remitted it to the Deputy Commissioner for fresh decision in accordance with the law.3. The Appellate Authority again set aside the orders passed y the Certificate Officers vide orders both dated 25th April, 1997 in Certificate Appeal No. 1/1996-97 and 2/1996-97. The petitioner challenged the order in C.W. J.C. No. 4490/97. It was pointed out that the appellant Bank though preferred appeal beyond time and no applicatio...
Tag this Judgment!Shiv Charan Singh Sardar Vs. State of Bihar
Court: Jharkhand
Decided on: Oct-30-2002
Reported in: [2003(1)JCR372(Jhr)]
Vishnudeo Narayan, J.1. This appeal has been directed by the sole appellant named above against the judgment dated 10.5.1991 passed in S.T. No. 241 of 1990 by Sri Amir Das, Sessions Judge, Singhbhum, camp at Jamshedpur, whereby and whereunder the appellant was found guilty for the offence punishable under Section 302 of the Indian Penal Code and he was convicted and sentenced to undergo RI for life.2. The prosecution case has arisen on the basis of FIR (Ext. 3) of PW 3 Surajmani Sardarin, the wife of Rasbihari Sardar, the deceased of this case, recorded by Shri J.N. Tiwari, OC Patmada PS on 11.3.1990 at 11.00 hours regarding the occurrence which is said to have taken place in village Chunidih PS Patmada district, East Singhbhum on 10.3.1990 at 22.00 hours.3. The prosecution case, in brief, is that Rasbihari Sardar, the deceased of this case and the husband of PW 3, the informant used to work as Ghatwal in Patmada PS and he had only four daughters and no son and two of his daughters res...
Tag this Judgment!Shree Ram Dubey Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-30-2002
Reported in: [2003(3)JCR367(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The petitioner has challenged the order contained in Memo No.45-II/Settlement, Dumka dated 8th January, 2002 issued by Settlement Officer, Dumka, whereby and whereunder, it has been ordered to recover the salary received by the petitioner during the period 2nd March, 2001 and 4th March, 2001 to 14th March, 2001 from his salary of the month of January, 2002 on the ground that the petitioner was unauthorized absent from duty during the said period. It has also been ordered to record it in his Character Roll.2. According to the petitioner he was not absent from duty during the period aforesaid. It is also submitted that the Settlement Officer is not competent to issue order of recovery or to make adverse entry in his Character Roll, the petitioner being an officer of the rank of Assistant Settlement Officer.3. Counsel for the State relied on Appendix A-4 to the Bihar Service Code to suggest that the Settlement Officer is competent to pass such order but such s...
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