Court : Jharkhand
Reported in : [2003(1)JCR577(Jhr)]
S.J. Mukhopadhaya, J.1. The writ petition was preferred by petitioner challenging the appointment of 4th respondent, Mr. Sanjay made vide letter No. RIT(E)/ 1522/2000 dated 28.2.2000 whereby he was appointed as Assistant Professor in the Mechanical Engineering Department. The petitioner has also challenged the panel as was prepared on 23.11.1999 whereby 4th respondent was included in the list of successful candidates.2. The case of petitioner is that the respondent-RIT issued Advertisement No. KIT (E)-1236/99 dated 22.4.1999 for appointment to the teaching posts including the post of Assistant Professor (Mechanical Engineering) in the then scale of Rs. 3700-5700/-. The petitioner as also 4th respondent, Sri Sanjay and other applied. It is alleged that though the 4th respondent was not qualified and there was no post to fill up from the waiting list, but because of mala fide and illegality committed by the 5th respondent, Dr. B.N. Prasad, the respondent No. 4 was appointed vide impugned...
Tag this Judgment!Court : Jharkhand
Reported in : I(2003)DMC462
Vishnudeo Narayan, J.1. This appeal is directed by the sole appellant named above against the judgment and order dated 18.1.1996 passed by Sri Ram Nath Ram Mahto, 4th Addl. Sessions Judge, Dhanbad in Sessions Trial No. 78 of 1995 whereby the appellant was found guilty for the offence punishable under Section 498A, I.P.C. and convicted and sentenced to undergo R.I. for three years and to pay a fine of Rs. 1,500/- and in default to undergo R.I. for six months. However, the appellant was not found guilty for the offence under Sections 302, 328,1.P.C and under Sections 3 and 4 of Dowry Prohibition Act.2. The prosecution case has arisen on the basis of the fardbeyan of P.W. 8, the informant, Shyamlal Mahto recorded by ASI Md. Aftab Khan of Baghmara P.S. on 12.6.1994 at 16.45 hours in the Central Hospital, Baghmara, District Dhanbad regarding the occurrence which is said to have taken place on 12.6.1.994 at village Khonathi, P.S. Baghmara, District Dhanbad.3. The prosecution case in brief is...
Tag this Judgment!Court : Jharkhand
Reported in : [2006(4)JCR125(Jhr)]
ORDERS.J. Mukhopadhaya, J. 1. This writ petition has been preferred by petitioners and three interveners for their appointment as Assistant Teacher (History) in High Schools, their names having recommended by the School Service Selection Board, Bihar, Patna. 2. According to the petitioners the posts of Assistant Teacher of other subjects has been filled up in pursuance of direction of the Court dated 24th September 1999 passed in CWJC No, 3494/98 and analogous cases. It is alleged that no appointment has been made for the post of History teacher though the recommendation has been made by School Service Selection Board, Bihar, Patna, vide Annexure-3, 3. Admittedly the School Service Selection Board, Bihar published the advertisement in the year 1991. The petitioners were called for interview vide letter dated 19th July, 1996, held on 13th August, 1996. Panel was prepared in the year 1996 and persons were appointed out of merit list. A waiting list followed by a supplementary waiting lis...
Tag this Judgment!Court : Jharkhand
Reported in : III(2003)BC166
Gurusharan Sharma, J.1. V. Mishra, a Taxi Driver approached Bank of India, Ranchi Branch, for giving him loan for purchasing a new Ambassador Car for plying as taxi. The Bank agreed to advance loan on certain terms and conditions, which were accepted by him. V. Mishra, thereafter executed a promissory note for Rs. 16,000/- on 9.6.1972 promising to repay the loan with interest @ 4% per annum over Reserve Bank of India rate, subject to minimum of 9% per annum.2. Two persons, namely Raj Kishore Lal and Baikunth Mishra executed letters of guarantee simultaneously on 9.6.1972 itself. On 1.6.1976, V. Mishra, the Principal Debtor acknowledged in writing to pay the total dues outstanding against him, but failed to liquidate the dues. Hence, Bank of India, filed, Money Suit No. 105 of 1978 for a decree of Rs. 20,461.91 paise with interest pendente lite on future @ 11% per annum. V. Mishra, the Principal Debtor was impleaded as defendant No. 1 and Raj Kishore Lal and Baikunth Mishra, the two gua...
Tag this Judgment!Court : Jharkhand
Reported in : 2003(1)ALT(Cri)18; II(2002)DMC452
Vishnudeo Narayan, J.1. This appeal has been directed by the appellants against the judgment and order dated 4.1996 passed by Sri A.P. Ram, Addl. Sessions Judge, Seraikella in Sessions Trial No. 191 of 1993 whereby all the appellants named above were found guilty for the offence punishable under Section 498A, I.P.C. and they were convicted and sentenced to undergo R.I. for two years and to pay fine of Rs. 600/- each and in case of default to undergo R.I. for two months each. However, the appellants were not found guilty for the offence, punishable under Sections 302/34, I.P.C. and they were, accordingly, acquitted in respect thereof.2. The prosecution case has arisen on the basis of Fardbeyan of P.W. 9, Bharat Kumhar, the father of deceased Bijula Kumharin recorded by SI Ram Sundar Ram on 30.10.1992 at 16.30 hours in the P.O. Village Kukru, P.S. Ichagarh, District Singhbhum West (now Seraikella).3. The prosecution case, in brief, is that Bijula Kumharin, the daughter of informant, was ...
Tag this Judgment!Court : Jharkhand
Reported in : 2002(50)BLJR2223
V.K. Gupta, C.J. 1. Residents of Sonathar village in the district of Jamtara had sent a petition addressed to the Chief Justice, Jharkhand High Court alleging and complaining that Sundera Mineral & Chemical Industry situated in Sonathar village, Jamtara District, was spreading pollution because of the operations of its Crushing Unit engaged in Silica Quarz Stones operations near the village. By order passed on 5.3.2002 in Chambers, the Chief Justice directed that this petition be treated as a Public Interest Matter and on being registered appropriately by the Registry of the High Court and on perusal of the report of the District Judge, a notice was directed to be issued to the following:-- 1. The Deputy Commissioner, Jamtara.2. The Superintendent of Police, Jamtara.3. M/s. Sundera Mineral & Chemical Industry, Panchayat Bodhbandh. Village--Sonathar, District Jamtara, and4. Shyam Sundar Malpani. C/o. Sundera Mineral & Chemical Industry, Panchayat Bodhbandh, village Sonathar. District Ja...
Tag this Judgment!Court : Jharkhand
Reported in : 2002(2)BLJR1454
M.Y. Eqbal, J.1. Pursuant to order dated 9.5.2002, the Excise Superintendent has appeared in person and explained the reasons for filing separate counter-affidavit.2. Heard the parties.3. The dispute is actually with regard to selection of site. Admittedly petitioner was the licensee of both the two shops at Simdega being Shop Nos. 1 and 2 for the year 2001-02. For the year 2002-03, fresh auction was held in which the petitioner as well the respondent participated in the auction and both were the licensee to deal with the foreign liquor in Simdega.4. The contention of the petitioner is that licence were granted by the Excise Superintendent for carrying on business in Shop Nos. 1 and 2 while the contention of the private respondent is that in the licence itself it was mentioned that the respondent will carry on his foreign liquor business in Shop No. 1. The contention of the Deputy Commissioner is that the dispute with regard to selection of site is to be determined by the Deputy Commis...
Tag this Judgment!Court : Jharkhand
Reported in : AIR2003Jhar46
ORDER1. Heard learned counsel for the parties on I.A. petition No.278/2002, which is filed by the plaintiff-appellant under Section 151. CPC for getting custody of his child.2. The plaintiff-appellant is the husband of respondent-Deepa Chatterjee and out of their wed lock a child was born. Some differences cropped up between them, as a result of which plaintiff-appellant filed a Title (Matrimonial) Suit No. 1/92 in the court of Additional District Judge for restitution of conjugal rights as respondent Deepa Chatterjee had left the residential house of plaintiff-appellant with her daughter and during the pendency of the matrimonial suit the plaintiff-appellant filed a petition for custody of the child. On 21.11.1996 an order was passed for custody of the child to the appellant by the learned Family Court. The respondent Deepa Chatterjee, without preferring an appeal against the said order, filed a writ petition, which was held to be not maintainable but granted visiting right to the pla...
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR109(Jhr)]
Hari Shankar Prasad, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment dated 23.5.1997 passed by the claims Tribunal-cum-1st Additional District and Sessions Judge, Chatra in accident claim case No. 278/92 whereby and whereunder the claim Tribunal has dismissed the said claim case of the claimants, 2. The facts of the case lie in Narrow Compass. Claimants who are parents of the deceased Sanjay Kumar filed a claim case bearing No. 278/92 stating therein that Sanjay Kumar was travelling on 3rd June 1992 by a Matador vehicle bearing registration No. BR-2-6018 from Dovi to Hunterganj. The vehicle was being driven very rashly and negligently and when the vehicle reached near village Nagar on Dovi Chatra Pucca Road at about 10.30 a.m., the vehicle met with an accident which caused serious injuries to Sanjay Kumar and he was taken to Hunterganj Hospital for treatment but the medical officer of the hospital referred him to Sadar Hospital, Gaya ...
Tag this Judgment!Court : Jharkhand
Reported in : [2002(95)FLR482]
M.Y. Eqbal, J. 1. This appeal filed under Section 30 of the Workmen's Compensation Act is directed against the order dated 25.9.97 passed by the Presiding Officer, Labour Court, Dhanbad in Case No. WC 3/95, whereby he has awarded a sum of Rs. 1,08,100/- to the claimant respondents for injury sustained by him in a Motor Vehicle Accident.2. The claimant is permanent employee of M/s. Bharat Coking Coal Ltd. and he was working as Timber Mistry at Nudkhurkee Colliery. On 2.2.1990, while he was going to his duties in the night shift starting from 12.00 mid night at about 11.30 p.m., a dumper bearing registration No. BHW 9439 belonging to M/s. Bharat Coking Coal Limited knocked him down near Matigarha Colliery resulting in loss of vision because of head injuries. The claimant's further case is that as he was not provided with company's accommodation, he used to come to attend his duties from the near by village and on the fateful day while he was going to duty along with his brother the afore...
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