Jharkhand Court April 2002 Judgments
Indian Institute of Coal Management Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Apr-30-2002
Reported in: [2002(94)FLR919]
ORDERM.Y. Eqbal, J. 1. Heard the parties. 2. The petitioner. Indian Institute of Coal Management, has prayed for quashing the notification dated 28.1.2000 issued by the Central Government, being the appropriate Government in exercise of power under Section 10 of the Industrial Disputes Act ordering reference of the dispute for adjudication to the Industrial Tribunal. Dhanbad. 3. Mr. A. Sen, learned counsel for the petitioner assailed the impugned notification mainly on the ground that the Central Government is not the appropriate Government and. therefore, the entire reference is bad in law. In this connection, learned counsel relied upon a recent decision of the Supreme Court in the case of Steel Authority of India Limited and Ors. v. National Union Waterfront Workers and Ors., reported in (2001) 7 SCC 1. 4. It appears that the workers working in the Indian Institute of Coal Management raised objection and Industrial Dispute for their regularisation in service. The petitioner has asse...
Tag this Judgment!Rabindra Kumar Rana Vs. State Through Cbi
Court: Jharkhand
Decided on: Apr-30-2002
Reported in: 2003(51)BLJR782
D.N. Prasad, J.1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 13-12-2001, whereby and whereunder the learned Special Judge took cognizance for the offences under Sections 409, 420, 467, 468, 471, 477 and 120-B IPC and 13(ii) read with 13(i)(d) of the Prevention of Corruption Act against the accused-persons including the petitioner in R.C. Case No. 68 (A)/96.2. This case relates to Chaibasa Treasure and it was detected during investigation that the accused-persons under deep criminal conspiracy, fraudulently withdrew sum of Rs. 37,62,79,883/- from the District Treasury and misappropriate the amount against supply of materials to the Animal Husbandry Department without submitting bills and also be submitting forged and fabricated documents.3. The learned Counsel appearing on behalf of the petitioner submitted that the learned Court below committed error in taking cognizance as admittedly the petitioner was the public servant at ...
Tag this Judgment!Anto Tudu Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-29-2002
Reported in: 2002(50)BLJR1310
ORDER1. Heard Mr. R.R. Mishra, learned counsel for the petitioner. Mr. P. Vidyarthi, learned JC to SC II, flies counter-affidavit in the Court. Let it be accepted. Mr. S. Srivastava appears on behalf of the respondent No. 5.2. The facts narrated in this writ application and the statement made in counter-affidavit has veritably shocked the conscience of this Court. The petitioner, an ordinary and a petty retired Teacher of the Primary School. Anchal Mahgama in the district of Godda (then district of Sahebganj), retired on 31.1.1983 from his services of the then State of Bihar, almost 20 years ago (19 years and 4 months to be precise). This poor and helpless senior citizen of our country has stated that he was paid only provisional pension from 1.2.1983 to 1995 and thereafter payment of even provisional pension was stopped. He sent representations after representations and the respondents apparently went on telling him that his service book was not available and therefore, his pension wa...
Tag this Judgment!Agustus Barla Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-22-2002
Reported in: 2002(2)BLJR1285
1. In this appeal, the appellant, who stands convicted under Sections 302 and 449 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and further to undergo rigorous imprisonment for seven years under Section 449 of the Indian Penal Code, both the sentences to run concurrently, on the basis of the evidence of his sister-in-law (Bhabhi), who is the sole eye-witness in this case, has challenged the same.2 The prosecution case, in brief, is that the deceased Brish Barla and the appellant Agustus Barla were residents of the same Tola and there was friendship between them from before the occurrence. Both of them used to eat and drink together and they even used to sleep together sometime at the houses of each other and on the alleged date of occurrence i.e. on 23.4.1995 when the deceased was sleeping as usual in his house, while the informant, who is the sister-in-law (Bhabhi), was sleeping on the varandah of the house,...
Tag this Judgment!Kumod Kumar Jha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-19-2002
Reported in: 2002(50)BLJR1793
ORDERTapan Sen, J.1. In this Writ Application the petitioner has made a prayer for quashing the Order as contained at Annexure-1 being an Order dated 17.8.1999 passed by the District Superintendent of Education, Deoghar (respondent No. 3) whereby and whereunder his salary was stopped on the ground that he was not maintaining his mother. According to the petitioner, the aforesaid impugned order has been passed purportedly as per order dated 21.11.1994 passed in Title Suit No. 82 of 1994 although according to that petitioner, the said Title Suit stood dismissed on 27.8.1995 for non-prosecution thereof. The petitioner has further prayed that a direction be issued commanding upon the respondents to immediately and forthwith release his withheld salary with effect from 17.8.1999.2. According to the petitioner, he was appointed on compassionate considerations as an Assistant Teacher whereafter he is working and presently posted as Head Master in the Primary School, Jagmandih, Sarwan in the D...
Tag this Judgment!Rajnish Mishra Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-19-2002
Reported in: 2002(50)BLJR1260
ORDER1. In the instant application filed as Public Interest Litigation, the petitioner has prayed for issuance of appropriate direction upon the respondents to forthwith fill up the posts of Munsifs and Judicial Magistrates lying vacant in the State of Jharkhand, since the vacancies in these important posts are causing uncalled for misery and irreparable loss to the litigants and also to the innocent accused persons languishing in jails and they need speedy trial.2. Petitioner's case inter alia is that as per his information, there are about 175 posts of Munsifs and Judicial Magistrate in the State of Jharkhand, which are filled up and functioning, however, 135 posts are vacant for the past several months though the pendency of the cases in the Courts of Munsifs and Magistrates have increased and there are thousands of cases are pending in each district Court. It is stated that the Governor of Jharkhand, taking into consideration the dire and urgent need of filling up the vacancies in ...
Tag this Judgment!Sujan Kumar Das and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-19-2002
Reported in: I(2003)DMC238
ORDER1. The appellants stand convicted for the offence under Section 302/34, IPC and have been sentenced to undergo R.I. for life. Besides, for the offence under Section 201/34, IPC, they have been convicted and sentenced to undergo R.I. for two years. However, both the sentences have been ordered to run concurrently.2. The substance of the case is that one Usha Das, wife of Sujan Kumar Das, A1, sister-in-law of A2 Shashi Kumar Das, daughter in-law of Sukumar Das A3 and also of Taramani Das A4 (father-in-law and mother-in-law of the deceased) died within four years of her marriage. She (deceased) had one son and at the time of alleged death, as per the post-mortem report, she was also pregnant for the last 5 months. It transpires that the father of the deceased received an information from A2 Sashi Kumar Das, who went to his house, that his daughter was suffering from diarrhoea and her condition was serious. Thereafter, it appears that he came to the matrimonial house of his daughter a...
Tag this Judgment!Ershad Ansari Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-19-2002
Reported in: II(2002)DMC240
D.N. Prasad, J.1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 8.12.1998 passed by the Judicial Magistrate, 1st Class, Bermo at Tenughat in Maintenance Case No. 4 of 1995 corresponding to Misc. Case No. 11 of 1998 whereby an ex parte order was passed for payment of maintenance under Section 125, Cr. P.C. against which a revision application was also filed which was dismissed by an order dated 10.1.2002 on the ground of delay in filing the revision application.2. Learned Counsel for the petitioner, at the very outset, submitted that the petitioner has not received any summons as regards to the institution of the maintenance case against the opposite party No. 2 as the name of the petitioner has wrongly been written in the cause title of the application itself and there is nothing to show that registered cover was ever served to the petitioner and in absence of the petitioner, the learned Magistrate passed the order allowing the ...
Tag this Judgment!Dredge and Dive Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-18-2002
Reported in: 2003(1)ARBLR212(Jhar)
ORDERTapan Sen, J. 1. The petitioner, M/s. Dredge & Dive, had moved this Court earlier vide WP (C) No. 1445/2002 with a grievance that although it had been found to be the lowest tenderer, alter negotiations, yet, all of a sudden due to change in the office of the respondent No. 3. it did not hear any further in relation to the matter pertaining to issuance of work order. On the contrary, it came to learned that the Superintending Engineer. Water Ways Circle. Ranchi, was negotiating with some other party. This Court was not inclined to interfere in that case but astatement was made to the effect that it was correct that some negotiations had been entered upon by the Superintending Engineer but such negotiation was totally illegal as he could not have negotiated beyond a sum of Rs. 20 lacs as per the PWD Code. Accordingly, by order dated 7.3.2002 this Court directed the respondents to re- tender the entire process and call for a fresh tender and the entire exercise was to be completed w...
Tag this Judgment!K.K. Sinha Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Apr-18-2002
Reported in: 2002(50)BLJR1717; 2002CriLJ3287
ORDERDeoki Nandan Prasad, J.1. This application has been filed under Section 482 of the Code of Criminal Procedure (the Code) for quashing the order dated 10-9-2001 whereby and whereunder the learned Magistrate rejected the petition field by the petitioner under Section 210 of the Code to call for a report from Sanjay Nagar Police Station vide Report No. 656 of 1999 at Bangalore and also decline to stay the further proceeding in respect of Complaint Case No. C/1-185-2000.2. It is stated that the Police case being Sanjay Nagar P.S. Case No. 656 of 1999 at Bangalore was registered under Section 420 of the Indian Penal Code against the accused persons including Ritesh Sinha alleging therein about cheating of Rupees five lacs for securing admission in the Medical College at Bangalore. A complaint case has also been filed vide Complaint Case No. C/-1-185-2000 in which inquiry was duly held under Section 202 of the Code and cognizance for the offences under Sections 420, 406, 464, 468, 470, ...
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