Court : Jharkhand
Reported in : 2002(50)BLJR1497
ORDER1. This appeal under Clause 10 of Letters Patent is directed against the judgment arid order dated 27.3.2001 passed in CWJC No. 2703 of 1999 (R), whereby the writ petition filed by the petitioner has been dismissed with a cost of Rs. 5,000/- on the ground that respondent-school is not a 'State' within the meaning of Article 12 of the Constitution of India.2. Respondent No. 5. The Chotanagpur Diocesan Education Society is a registered society under Societies Registration Act and several minority educational institutions including St. Paul's High School. Ranchi has been established by it. The said High School is a recognised High School and receives grant in aid from the State Government.3. Petitioner's case is that he was working as acting Principal of St. Columbus Collegiate High School. Hazaribagh when he was selected and appointed as Principal of St. Paul's High School, Ranchi by respondent Nos. 5 and 6 who are the appointing authority. In 1999 by office order dated 3.2.1999 pet...
Tag this Judgment!Court : Jharkhand
Reported in : [2002(94)FLR977]; (2002)IIILLJ709Jhar
ORDERDeoki Nandan Prasad, J.1. Since both the cases have been heard together as common points are involved in these cases and as such are being disposed of by this common order.2. These applications have been filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 4.8.2001 passed in Case No. F.A. 2/2000 and F.A. 3/2000 by the Judicial Magistrate, Bokaro at Chas, whereby and whereunder the learned court below rejected the applications of the petitioner filed under Section 205 Cr PC.3. The opposite party No. 2 filed a complaint in the court of Chief Judicial Magistrate, Chas at Bokaro alleging that alter closure of the factory of M/s. BASF India Ltd. in course of dismantling without making proper safety arrangement, Gas cutting was undertaken in the premises which was an offence under Section 37(4) Rule 95, Schedule 13, 52 (b) violating the provisions of Section 92 of the Factories Act. It has been further alleged that M/s BASF India Ltd., Industrial Area, ...
Tag this Judgment!Court : Jharkhand
Reported in : 2002(50)BLJR1312
ORDER1. This Letters Patent Appeal is directed against the order dated 8.10.2001 passed by the learned Single Judge in Misc. Appeal No. 1/99.2. We have heard Mr. S.B. Gadodia, learned Senior Counsel appearing on behalf of the appellants and Mr. N.K. Prasad, learned senior counsel appearing for the respondents on the question of maintainability of the appeal since a preliminary objection was raised by the respondents that this letters patent appeal is not maintainable.3. The aforementioned Misc. Appeal No. 1/99 was filed by the appellants under Order XLIII Rule 1(1) of the CPC challenging the order dated 23.12.1998 passed by the 7th Addl. Sub-judge, Ranchi in Misc. case No. 26/98. The said Misc. case No. 26/98 arose out of an Execution case No. 1/83-A. It appears that the plaintiffs-respondents obtained a decree for specific performance of agreement for sale passed in title suit No. 125/81. The decree-holders levied said Execution case No. 1 /83-A and in the said execution proceeding th...
Tag this Judgment!Court : Jharkhand
Reported in : II(2002)ACC408; 2003ACJ2046; 2002(50)BLJR1481
1. This appeal, by the appellant Insurance Company, is directed against the judgment and award dated 20th January. 1998 passed by 3rd Additional District Judge-cum-Motor Vehicle Accident Claims Tribunal in MJC (Compensation) No. 2/89. whereby a total sum of Rs. 51,280/-was awarded to the claimant-respondent for the injury caused to him in a motor vehicle accident.2. The undisputed facts are that on 5.4.89 the claimant was coming from Jamshedpur as a passenger in a vehicle bearing No. BPX 932, which was coming from Bistupur-Jamshedpur. When the vehicle crossed Kolabira Railway subway, because of the high speed, it took a turn, as a result of which the vehicle dashed the bridge and fell down in the Nala causing serious injury to all the passengers travelling in the said vehicle. The claimant also sustained injury, as a result of which his right hand was broken. The claimant, therefore, claimed compensation on account of medical expenses, paid and sufferings etc. due to said injury.3. The...
Tag this Judgment!Court : Jharkhand
Reported in : 2002(50)BLJR1313
ORDER1. In this writ application the petitioner seeks mandamus directing the respondent not to open tenders and/or allot the work to any contractor in respect of tender notice dated 15.1.2002, which was published by combining the entire work in one Group and further for a direction directing the respondents to act in response to the earlier tender notice against which petitioner submitted his tender.2. The facts of the case lies in a narrow compass. The Public Health Engineering Department (in short PHED) under the signature of Superintending Engineer, PHED, Urban Circle. Ranchi advertised in the newspaper on 12.9.2001 inviting tender for laying of 38' dia MS pipe lines : (i)from Rukka Gate upto Vikas Vidyalaya, (ii) From Vikas Vidyalaya Gate to Jumar Bridge and (iii) from Jumar Bridge to Booty Sump. Thus, the entire work of laying of pipe lines from Rukka Gate to Booty Sump was divided into three groups. The estimated value of the work of the first group was Rs. 219.019 lakh, for the ...
Tag this Judgment!Court : Jharkhand
Reported in : 2002CriLJ3294; II(2002)DMC609
ORDERD.N. Prasad, J. 1. This is an application under Section 482 of the Code of Criminal Procedure (the Code) for quashing the order dated 16.7.2001 passed by the Chief Judicial Magistrate, Chatra, in connection with Itkhori P.S. Case No. 50 of 2001 corresponding to G.R. Case No. 377 of 2001, whereby and whereunder the learned Court below took cognizance of the offence under Sections 341, 323, 325, 498-A, 494 and 307/34 of the Indian Penal code and under Sections 3/4 of the Dowry Prohibition Act against the accused persons including the petitioners.2. The prosecution case in brief is that one Bhuneshwar Singh filed a written petition before the Officer-in-Charge, Itkhori Police Station, stating therein that his daughter Punam Devi was married with Madan Singh Son of Saligram Singh in the year 1993 and after marriage, both husband and wife lived together happily but after sometime, Sobha Devi, mother-in-law, Saligram Singh, father-in-law, dewar Mohan Kumar Singh and husband Madan Singh,...
Tag this Judgment!Court : Jharkhand
Reported in : 2003ACJ1247
ORDER1. This appeal is directed against the Judgment and award dated 14.5.1991 passed by 1st Additional District Judge-cum-Motor Accident Claims Tribunal. Hazaribagh in Claim Case No. 65/87 whereby he has dismissed the claim application holding that the claimant failed to prove rash and negligent driving of the dumper bearing No. BHM-2965 which dashed against the motorcycle which was involved in the accident.2. It appears that the son of the claimant, namely, Deepak Kumar Verma along with his friend Ashish Ranjan were going to Hazaribagh from Ramgarh on a motorcycle. On the way near village Hatiyari, dumper came from the opposite direction and dashed against the motorcycle, as a result of which, both the occupants of the motorcycle died. It is stated that the dumper dragged the motorcycle and the occupants for about 30 ft.3. Two claims cases were filed, one by the defendant of Ashish Ranjan being claim case No. 62/87 and another by the defendants of Deepak Kumar Verma which the instant...
Tag this Judgment!Court : Jharkhand
Reported in : III(2002)ACC18
M.Y. Eqbal, J.1. This appeal is directed against the judgment and award dated 14.5.1991 pased by 1st Additional District Judge-cum-Motor Accident Claims Tribunal, Hazaribagh in Claim Case No. 65/1987 whereby he has dismissed the claim application holding that the claimant failed to prove rash and negligent driving of the dumper bearing No. BHM-2965 which dashed against the motorcycle which was involved in the accident.2. It appears that the son of the claimant, namely, Deepak Kumar Verma along with his friend Ashish Ranjan were going to Hazaribagh from Ramgarh on a motorcycle. On the way near village Hatiyari, dumper came from the opposite direction and dashed against the motorcycle, as a result of which, both the occupants of the motorcycle died. It is stated that the dumper dragged the motorcycle and the occupants for about 30 ft.3. Two claim cases were filed, one by the dependants of Ashish Ranjan being Claim Case No. 62/1987 and another by the defendants of Deepak Kumar Verma which...
Tag this Judgment!Court : Jharkhand
Reported in : 2002(50)BLJR1351; [2002(94)FLR644]; (2002)IIILLJ175Jhar
Vishnudeo Narayan, J. 1. Both these cases (LPA No. 24 of 1998 and MJC No. 107 of 2001) have been heard together and are being disposed of by this common judgment.2. This appeal under clause 10 of the Letters Patent is directed against the judgment dated 12.12.1997 passed by a Bench of this Court in CWJC No. 2470 of 1992(R) whereby and whereunder the learned single Judge dismissed the said writ application. The writ petitioner appellant had filed CWJC No. 2470 of I992(R) for quashing the award dated 21.2.1992 passed by the Central Government Industrial Tribunal No. 1, Dhanbad in Reference Case No. 151/89.3. By Order No. L-20012(200)/84-D III(A)IR (Coal-1) dated 19.10.1989 the Central Government in the Ministry of Labour in exercise of the powers conferred by clause (d) of Sub-section (1) and Sub-section (2A) of Section 10 of the Industrial Disputes Act. 1947 (in short 'ID Act') has referred the dispute for adjudication to the said Tribunal. The point of reference reads as under :'Whethe...
Tag this Judgment!Court : Jharkhand
Reported in : II(2002)ACC317; 2003ACJ1507
M.Y. Eqbal, J.1. This appeal, at the instance of New India Assurance Company, is directed against the judgment and award dated 21.2.1994 passed by the Motor Vehicle Accident Claims Tribunal. Bokaro in Title (M.V.) Suit No. 134/92, whereby a sum of Rs. 3,50,000/- has been awarded by way of compensation to the claimants on account of death of their son. The claimants, who are the parents, filed an application for grant of compensation for the death of their son Mathew George, who met with an accident on 19.4.1992 with the Ambassador car bearing No. BRI 3868 near Krishna More. Bokaro.2. The undisputed facts are that the deceased was aged 22 years and was a constable working in CISF, Bokaro Steel Limited. Bokaro. It is also not in dispute that the deceased was getting Rs. 1541/- as monthly salary at the time of his death. The Tribunal while assessing the quantum of compensation deducted 50% from the salary and the remaining 50% i.e. Rs. 770/- was taken as monthly dependency. The annual dep...
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