Jharkhand Court December 2002 Judgments
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Raj Ceramics Vs. Bihar State Electricity Board and ors.
Court: Jharkhand
Decided on: Dec-17-2002
Reported in: [2003(2)JCR113(Jhr)]
S.J. Mukhopadhaya, J. 1. This review application has been preferred by the petitioner, M/s. Raj Ceramics, Ranchi against the judgment dated 23rd August, 2002 passed in L.P.A. No. 97 of 2000 (R), whereby and whereunder, the Division Bench while affirmed the judgment passed by the learned Single Judge, rejected the letters patent appeal. 2. The petitioner, a High Tension Insulation Service Consumer (H.T.I.S. for short) preferred writ petition, CWJC No. 2945 of 1998 (R) for direction on the State Electricity Board to exempt it from payment of Annual Minimum Garantee (A.M.G. for short) charges for a period of five years w.e.f. 15th March, 1994. Further prayer was made to refund/adjust the amount of the A.M.G. charges already paid by petitioner since 15th March, 1994 and to quash the A.M.G. bills for the period 1994-95. 1995-96 and 1997-98. Subsequently, by an amendment petition, it also prayed to quash an order dated 28th January, 2000 and a portion of the bill for the month of January, 20...
Central Coalfields Ltd. Vs. Jugnu Construction and ors.
Court: Jharkhand
Decided on: Dec-17-2002
Reported in: [2003(2)JCR13(Jhr)]
ORDERM.Y. Eqbal, J. 1. This appeal is directed against the order dated 22.5.2002 passed by 3rd Sub Judge, Bermo at Tenughat in money suit No. 2/2002 by which he has allowed the application filed by the defendant-respondent under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure and issued temporary injunction in mandatory form directing the appellant to allow them to lift the ash contents/remains of the briquettes which is lying in the premises of the appellant. 2. This case has a checked history. In the year 1982 a contract was entered into by and between the appellant and the respondents whereby a work order was issued in favour of the respondent for dispatch of slurry after converting into briquettes within the premises of the appellant on certain terms and conditions including payment of royalty, cess, sales tax, excise duty etc. A dispute arose with regard to payment of cess and royalty and a writ petition was filed by the respondent being CWJC No. 1232/98(R). The writ pet...
Jamila Khatoon Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Dec-17-2002
Reported in: [2002(2)JCR323(Jhr)]
ORDERVikramaditya Prasad, J.1. This writ has been filed for quashing (Annexure 4) the orderrejecting the prayer of the petitioner forreferring the matter to the competent Courtunder Section 18 of the Land AcquisitionAct, and also for issuance of a mandamusto the respondents to refer the matter to theCivil Court of competent jurisdiction underSection 18 of the Land Acquisition Act.2. The short facts of the case are thatthe petitioner's land bearing Khata No. 99of Plot No. 747 Area 2.47 acres was acquired vide Land Acquisition Case No. 5 of1986-87, Annexure 1. The award of collector under Section 12(2) was communicated to the petitioner on 13.3.1989. Thereafter on 29.3.1989 the petitioner filed her objection under Section 18 of the Act requesting the Collector to refer the matter to the Civil Court on the ground that the award and sum is less and it should be at least 2 lacs. The petitioner, however, In that very objection petition also wrote as follows :--'Your petitioner is however rea...
Kishan Singh Munda and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Dec-17-2002
Reported in: [2003(2)JCR83(Jhr)]
Vishnudeo Narayan, J.1. This appeal has been directed by the appellants named above against the impugned judgment and order dated 22.12.1992 passed by Sri Anant Prasad Shrivastava, Judicial Commissioner, Ranchi at Circuit Court, Khunti in ST No. 70 of 1991 whereby and whereunder all the appellants were found guilty for the offence punishable under Section 302/149. IPC and they were convicted and sentenced to undergo RI for life. All the appellants except appellant Chono Singh Munda were also found guilty under Section 148, IPC and they were convicted and sentenced to undergo RI for two years. Appellant Chono Singh Munda was found guilty for the offence under Sections 147 and 323, IPC and he was convicted under both the counts but he was sentenced to under RI for two years for the offence under Section 147, IPC and no separate sentence for the offence under Section 323. IPC was awarded to him. Appellants Kishan Singh Munda and Jagarnath Singh Munda @ Jagarnath Munda were also found guil...
imam Ansari and anr. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Dec-17-2002
Reported in: [2003(4)JCR615(Jhr)]
Lakshman Uraon, J. 1. Both the appellants have preferred this appeal against the judgment and order of conviction and sentence dated 21.1.1994 and 22.1.1994 passed by Shri Vikramaditya Prasad, Addl. Judicial Commissioner, Lohardaga in S.T. No. 287/93/12/93, whereby and where-under, both the appellants have been convicted and sentenced to go imprisonment for life under Section 302/34. IPC. 2. The prosecution case as per the fardbeyan of the informant, Sahwan Ansari, PW 6, recorded on 30.8.1992 by S.I., Y.N. Singh, Officer-in-Charge, Kisko P.S. at about 9.15 p.m. at his village Chhatartoli is that on the same day at about 10 a.m. regarding cutting of the ridge of the field there was an altercation in between his son, Gafur Ansari (deceased) with his nephew, Imam Ansari and Shamir Ansari (both appellants) which was pacified by the informant. Both the nephew-appellants had threatened to see what happens till the evening. The informant brought his son, Gafur Ansari, to his home. After takin...
Rameshwaram Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-17-2002
Reported in: II(2003)BC417; [2003(2)JCR129(Jhr)]
ORDERS.J. Mukhopadhaya, J.1.The writ petition has been preferred by the petitioner for a declaration that the action of the respondents State in declaring the tender bid of the 5th respondent, M/s. Kamal Nayan Narsaria as technically suitable and qualified, as illegal, as also for consequent grant of work order, being arbitrary and against the notice inviting tender and the terms and conditions attached thereto.2. An advertisement and notice inviting Tender No. 10--Year 2001-02 was issued from the office of the respondent, Executive Engineer, Rural Engineering Organisation (R.E.O. for short), Works Division, Khunti for construction of 223.60 Meters long Bridge. The estimated cost was shown as Rs. 458.569 Lakhs. Apart from other conditions, it was also mentioned that those tenderer having minimum experience of construction of 250 Meters long Bridge, may apply. It was also mentioned that any tenderer along with tender paper may submit a better structure and design than the Detailed Proje...
Gopal Chandra Mallick Vs. Manjari Mallick
Court: Jharkhand
Decided on: Dec-16-2002
Reported in: AIR2004Jhar104; 2004(1)BLJR6
1. Admittedly Gopal Chandra Mallick was married with Manjari Mallick. The husband filed Title Matrimonial Suit No. 113 of 1994, under Section 10 of the Hindu Marriage Act, 1955 against his wife for a decree of judicial separation, on the ground that since 13.6.1994 he was living separately from his wife as she had treated him with cruelty continuously since her marriage.2. The wife appeared and contested the suit. She denied the allegations levelled against her and asserted that she was willing and ready to live with him and lead conjugal life.3. The trial Court dismissed the suit, holding that wife did not treat her husband with cruelty, rather husband himself was on the wrong side of the picture regarding the matrimonial dispute between the parties. The husband was not able to substantiate his case of being treated with cruelty by his wife on the basis of any legal and reliable evjdence on the record. It was, therefore, held that the wife never treated her husband with cruelty. The h...
Ashoke Kumar Sahu Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Dec-13-2002
Reported in: [2003(1)JCR294(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. V. Shivnath learned counsel for the petitioner and Mrs. Rashmi Kumari, learned counsel to the G.P. II.2. When this case was called out, Mr. V. Shivnath, learned counsel for the petitioner prayed that the Director, Secondary Education, Government of Jharkhand be allowed to be impleaded as a party respondent No. 4. Let him do so.3. The grievance of the petitioner is that pursuant to the order passed by the then Ranchi Bench of the Patna High Court in C.W.J.G. No. 2387 of 1995(R) passed on 5.7.1996, the Director, Secondary Education was directed to consider the case of the petitioner afresh in relation to his recognition as a teacher taking into consideration the report submitted by the District Officer, Ranchi contained in letter dated 19.9.1992 whereby and whereunder it was shown that eight persons who were functioning as teachers included the name of the petitioner also. This Court, therefore, directed the Director to pass necessary orders and observed th...
Sri Suraj Narayan Lala Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-13-2002
Reported in: [2003(1)JCR377(Jhr)]
S.J. Mukhopadhaya, J.1. The petitioner being not satisfied with pay fixation made and communicated vide letter No. 576 dated 28th July, 1997 issued by the Deputy Commissioner, Dhanbad, has challenged it.2. According to petitioner, his pay has not been properly fixed as per statutory rule.The case of the petitioner is that he was appointed as an Assistant (Clerk) in the Sub-Division Office on 19th December, 1955 and then appointed as U.D. Assistant (U.D. Clerk) on 10th May, 1957 in the newly created Dhanbad district. He was promoted to Junior Selection Grade in 1959 and Senior Selection Grade in the year 1976. He was granted promotion to the higher postof office Superintendent on 1st October, 1985 in the then scale of Rs. 850-1,360/-whereinafter he was appointed to the promotional post of P.A. to Deputy Commissioner, Dhanbad on 22nd April, 1988 in the then scale of Rs. 880-1,510/-.It is stated that his pay fixation was made on the recommendation of IV Pay Revision-Fitment Committee w.e....
Smt. Girish Kumari Prasad Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-13-2002
Reported in: [2003(1)JCR362(Jhr)]
S.J. Mukhopadhaya, J.1. The petitioner has challenged the order contained in memo No. 6829 dated 20th November, 1998 issued by the Joint Director of Industries, Government of Bihar, Patna whereby and whereunder the second time bound promotion earlier granted in her favour has been cancelled from retrospective date after three years of her retirement.2. The case of petitioner is that she was appointed on 16th June, 1959 as skilled Artisan (Knitting and Embroidery) in the officer of Project Executive officer, Sim-dega. Her service was discontinued from 1st May, 1968 to 14th March, 1972. However, in pursuance of office order dated 24th February, 1972 issued by the Additional Director of Industry, Government of Bihar, she was appointed and rejoined in the services of the State.Initially, petitioner was granted 1st time bound promotion w.e.f. 10th April, 1981 vide memo No. 15393 dated 6th October, 198.6. It was modified vide memo No. 6830 dated 20th November, 1968 and the date of time bound...
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