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Jharkhand Court November 2002 Judgments

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Nov 01 2002

Sanjeeda Khatoon Vs. Md. Sher Ali and ors.

Court: Jharkhand

Decided on: Nov-01-2002

Reported in: II(2003)ACC658; 2004ACJ1368; [2003(2)JCR107(Jhr)]

ORDER1. Heard the parties. Appellant was wife of Md. Miyajan Ansari, son of Md. Sher Ali of village Kundi, District-Ranchi. Her husband died in a motor accident dated 13.5.1989. She along withparents of her deceased husband filed Compensation Case No. 82 of 1989 under Section 166 of the Motor Vehicles Act, 1988 before Motor Vehicles Accident Claim Tribunal, Lohardaga, which was disposed of by order dated 25.8.2000. She is aggrieved by the observation made in the said order that if Sanjeeda Khatoon, widow of the deceased is remarried with another person after the death of her husband, she will not be entitled to get any amount of compensation and in that case entire amount would be received by parents of the deceased. 2. There was a delay of about 8 months in filing the appeal. Hence, IA No. 1233 of 2002 at flag 'B' was filed to condone the delay. Show cause notice in appeal as well as on condonation application was issued to the respondents on 30.7.2002. Thereafter they have appeared. ...


Nov 01 2002

Bishwanath Ram Vs. Zila Parishad and anr.

Court: Jharkhand

Decided on: Nov-01-2002

Reported in: [2003(1)JCR369(Jhr)]

Vikramaditya Prasad, J.1. The petitioner has filed this writ application for issuance of a direction to the respondents to pay the difference between the pay scale of the Disinfector and the Assistant since 17.5.1986 as also the arrears of salary since 1.1.1997 and also for payment of provident fund, bonus along with interest 18% per annum.2. The short question to be answered in this writ application is whether in the event of the petitioner discharging the duties of a higher post of Assistant, is entitled to salary therefor on the doctrine of equal pay for equal work.3. Undisputedly, the petitioner was appointed as a Disinfector. He was confirmed to that post and subsequently he was deputed to work as an Assistant for three months with a condition that he will not be entitled to any additional honorarium, nor he will be entitled to claim any promotion on that basis (Annexure 3). His performance during the period of deputation was found satisfactory and consequently the District Engine...


Nov 01 2002

United India Insurance Company Ltd. Vs. Manoj Kumar Chaudhary and ors.

Court: Jharkhand

Decided on: Nov-01-2002

Reported in: II(2003)ACC503; [2003(2)JCR108(Jhr)]

ORDER1. Heard the parties. United India Insurance Company Limited has challenged the judgment and award dated 19.2.2000, passed by Claims Tribunal under the Motor Vehicles Act, Ranchi in Compensation Case No. 61 of 1993. 2. Hazari Lal Chaudhary, respondent No. 2 sustained injuries in the Motor accident dated 10.3.1993. He along with his son was riding on a bycycle from their house to Mahabir Chowk. As soon as they reached near Ratu Road and Kanke Raod junction, a Bus (MKL-6366) dashed against their bycycle from behind, as a result of which his son died at the spot and he himself sustained grievous injuries on his right leg. At the time of accident the vehicle in question was insured with appellant's Insurance Company.3. Hazari Lal Chaudhary and his wife, Shyamli Devi filed Compensation Case No. 61 of 1993 on account of death of his son. Admittedly, their son Jai Prakash Chaudhary was 9 years' old at the time of accident. It was established that accident was caused due to rash and negli...


Nov 01 2002

Laxmi Nath Metal Industries Vs. Jharkhand State Electricity Board and ...

Court: Jharkhand

Decided on: Nov-01-2002

Reported in: AIR2003Jhar61; 2002(50)BLJR2405

ORDERS.J. Mukhopadhaya, J.1. The question of refusal to grant fresh electrical connection on the ground of non-payment of dues of erstwhile owner/occupant of a premises, stands decided by a number 6f decisions of this Court and the Supreme Court. In spite of the same, the Assistant Electrical Engineer (A.E.E. for short), Mango, Jamshedpur having refused to grant fresh electrical connection on the ground of dues against erstwhile owner/occupant, the petitioner has challenged such noting of the officer dated 16th July, 2002, as made on his application dated 11th July, 2002, which reads, as follows :--'The connection of M/s. Bharuka Industries (Anubhav Steel) is disconnected since long (6/2000) on heavy dues. Lakshmi Nath Metal Industries has purchased the plot of Anubhav Steel which has electric dues. Hence no formalities for fresh connection can be accepted as per Board's Rules.Sd/-16-7-2002 A.E.E./Mango'2. It is not in dispute that the wife of the proprietor of petitioner namely Smt. M...


Nov 01 2002

Md. Taffazul HussaIn and ors. Vs. Md. Mansoor Ansari and ors.

Court: Jharkhand

Decided on: Nov-01-2002

Reported in: [2003(2)JCR583(Jhr)]

Gurusharan Sharma, J.1. Plaintiffs are appellants. Subject matter of dispute is 18 decimals out of total 2.97 acres land of plot No. 988, appertaining to Khata No. 67, situated in village Mangrodih, District Giridih. It was recorded in the name of Kasmali Mian under Dar-raiyati Khata No. 141.2. According to original plaintiff, Md. Mansur Ansari, in the year 1923 Kasmali Mian made Dara-dar-raiyati settlement of 4-1/2 kathas equivalent to 18 decimals land out of 2.97 acres with Heman Mian, who came in possession and constructed a mud built house on its southern portion by the side of Giridih Tundi Road and fenced the entire 18 decimals by brick built compound wall and planted a jack tree therein.3. Plaintiff's further case was that raiyat of Khata No. 67 surrendered entire land of plot No. 988 to the proprietor, Raja Wazir Narain Singh, who resumed possession thereof and settled the entire land by registered patta dated 12.2.1927 with Kasmali Mian, who came in possession as Mokarridar. H...


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