Jharkhand Court May 2002 Judgments
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Gyan Prakash Sahu Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-15-2002
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...
Satish Bakshi Vs. Bihar State Electricity Board and ors.
Court: Jharkhand
Decided on: May-14-2002
Reported in: 2002(50)BLJR1476
S.J. Mukhopadhaya, J. 1. This writ petition has been preferred by petitioner for issuance of an appropriate writ in the nature of prohibition prohibiting the respondents Nos. 1 to 4 from levying any charges and raising any bill towards electricity charges after disconnection of electric supply on 29th of May, 2000 in relation to consumer No. P-5150 of which the actual consumer is the Post & Telegraph Dispensary, (P & T Dispensary for short), a tenant in a portion of petitioner's house. 2. The case of the petitioner is that the electrical connection bearing consumer No. P-5150 is standing in the name of his father who died about 20 years back in the year 1978. The house is in occupation of P&T; Dispensary of Government of India since 31st of March, 1995. Inspite of repeated requests, the name of the consumer has not been changed in the name of P&T; Dispensary, though, the bill amount used to be paid by the Chief Medical Officer, P&T; Dispensary since April, 1995. 3. The Union of India t...
Oriental Insurance Company Ltd. Vs. Dilip Kumar Saha and anr.
Court: Jharkhand
Decided on: May-13-2002
Reported in: I(2003)ACC77
M.Y. Eqbal, J. 1. The appellant Oriental Insurance Company Limited has filed this Letters Patent Appeal against the Judgment dated 1.2.1994 passed by learned Single Judge in Misc. Appeal No. 77/1992 (R), whereby the appeal was allowed and it was held that the entire amount of compensation is payable by the appellant/Insurance Company.2. The facts of the case lies in a narrow compass.3. The claimant-respondents filed Title (Motor Vehicle) Suit No. 58 of 1989 before the Accident Claims Tribunal, Dhanbad claiming compensation on account of death of her husband in a motor vehicle accident. The deceased husband of the claimant namely. Shiban Kumar Sarkar was going to Sudamdih from Jharia by his motor cycle and when he reached near Shalimar, a truck bearing Registration No. BRY 7343 came with high speed and dashed his motor cycle causing his instantaneous death. The respondent No. 1, owner of the truck contested the claim by filing written statement. Besides other defence, it was stated that...
Samaresh Singh Etc. Vs. Syed Azmat HussaIn and ors. Etc.
Court: Jharkhand
Decided on: May-10-2002
Reported in: 2002(50)BLJR1359
Tapen Sen, J.1. Syed Azmat Hussain, Respondent No. 1 in LPA No. 785 of 2003 had filed a writ application under Article 226 of the Constitution, being CWJC No. 958 of 2001, inter alia challenging the order passed by the appellant asking him to proceed on leave as also the subsequent order placing him under suspension. In the writ application the very appointment of the appellant as Chairman. Board of Governors of Regional Institute of Technology, Jamshedpur was also challenged. Vide impugned judgment dated 29.11.2001, whereas the learned single Judge set aside the appointment of the appellant as the Chairman. Board of Governors. R.I.T., Jamshedpur, as made by Notification dated 9.1.2001, but he refused to grant any relief in so far as the writ petitioner (Respondent No. 1) was concerned relating to the aforesaid adverse order passed against him by the appellant. While refusing to grant relief to the respondent No. 1, the learned single Judge was of the view that even though the appointm...
Uday Bahadur Prasad Sinha Vs. State of Bihar Through the Secretary Urb ...
Court: Jharkhand
Decided on: May-10-2002
Reported in: 2002(50)BLJR1436
ORDER1. This appeal is directed against the judgment and order dated 16.7.1997 passed in C.W.J.C. No. 3846 of 1996 (R) whereby the learned Single Judge disposed of the writ application by issuing certain direction. The impugned judgment dated 16.7.1997 reads as under : 'This is the third attempt on behalf of the petitioner for grant of the reliefs sought for in this writ application. Prayer of the petitioner is for a directionto the respondents to pay the retirement dues to him, who retired on 31.1.1990 from the services of respondent No. 2 as an Assistant Engineer, Mines Board. Mr. Kalyan Roy, learned counsel appearing on behalf of the respondent Mines Board has filed counter affidavit which is not on the record, but he has produced the office copy of the same wherefrom it appears that the petitioner was dismissed in the year 1984 and whatever dues legally payable to him has already been paid. Having regard to the stand taken in the counter affidavit filed on behalf of the respondent ...
Shakuntala Devi Vs. Angia MandalaIn and ors.
Court: Jharkhand
Decided on: May-10-2002
Reported in: AIR2003Jhar57
Gurusharan Sharma, J.1. Heard. Plaintiff is appellant. She filed Title Suit No. 40 of 1990 for declaration that defendant No. 3, Dhaneshwar Mandal was not the adopted son of Angia Mandalain, wife ofBishu Mandal, defendant No. 4. Plaintiff iswidow of Mittu Mandal, who was predeceased son of defendant No. 4. Accordingto her no ceremony of giving and takingtook place and the alleged adopted childwas never transferred from the family of hisnatural parents to the family of adoptivemother. Trial Court decreed the suit. However, on appeal filed by plaintiff the Courtof appeal below reversed the same. Nodoubt plaintiff Shakuntala Devi was widowof Mittu Mandal but Court was bound toaccept the fact of adoption as proof on thebasis of registered deed of adoption dated16.11.1990. Section 16 of the Hindu Adoption and Maintenance Act, 1956 provides that under a registered deed of adoptionduly signed by the person giving and theperson taking the child in adoption, thereis a presumption that adoption ...
TIn Plate Company of India Limited Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: May-10-2002
Reported in: [2004]135STC385(Jharkh)
Vishnudeo Narayan, J.1. In this writ petition the petitioner has prayed for issuance of appropriate writ in the nature of certiorari for quashing the orders dated June 30, 2000 (annexure 16) and July 1, 2000 (annexure 17) passed by respondent No. 3, the Joint Commissioner of Commercial Taxes (Admn), Jamshedpur Division, Jamshedpur (hereinafter called as 'JCCT') pursuant to the direction dated January 6, 2000 passed by this Court in C.W.J.C. No. 3248 of 1999(R) whereby and whereunder the prayer of the petitioner for refund of the sales tax of the year 1996-97 has been disallowed and for the year 1997-98 the petitioner was allowed to avail of the tax-free purchase of raw materials in the form of hot rolled coil for the production of 8588 MT of CRM product over and above the 2/3rd incremental capacity of 60,000 MT fixed under S.O. No. 478 on proportional basis which works out to 9889 MT only and also a direction was made therein that the refund of the tax paid on purchase of raw materials...
Om Prakash Pandit and Lakhan Pandit Vs. Usha Debi and anr.
Court: Jharkhand
Decided on: May-10-2002
Reported in: 2002(50)BLJR1182; I(2003)DMC125
ORDERDeoki Nandan Prasad, J.1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 29.8.2002, whereby and whereunder the learned Sessions Judge, Deoghar passed the order cancelling the bail granted to the petitioners vide order dated 13.7.1998.2. The opposite party No. 1 filed a complaint case against her husband (petitioner No. 1) and his elder brother (petitioner No. 2) and after inquiry, cognizance was taken under Sections 323, 406, 498A/34,1.P.C.3. The case of the prosecution as alleged that the complainant is the legally wedded wife of petitioner No. 1 and their marriage was performed on 21.5.1991. It is alleged that the accused persons started demanding money from the father of the complainant and the father of the complainant also gave a sum of Rs. 15,000/ - for starting the lathe machine business but the petitioner No. 1 did not start the business and invested the money in other matters. The accused persons again started deman...
Smt. Sudha Vijay Vs. Divisional Manager, Bsrctc and ors.
Court: Jharkhand
Decided on: May-09-2002
Reported in: 2004ACJ1403
ORDERM.Y. Eqbal, J.1. This appeal is directed against the judgment dated 15.4.1997 passed by learned single Judge allowing the appeal in part being M.A. No. 56/87 (R) filed by claimant-appellant against the judgment and award dated 15.6.87 passed by the Judicial Commissioner-cum-Motor Accident Claims Tribunal, Ranchi in M.J.C. (Compensation) Case No. 67/81.2. Facts of the case lie in a narrow compass. The deceased, who was the husband of the claimant-appellant was Welder in H.E.C., Ranchi. On the fateful day. i.e. 20.2.81 the deceased went to bus stand of Bihar State Road Transport Corporation. Ranchi in the night at about 9.30 p.m. to get the bus for going to Patna. It was alleged that while the deceased was boarding the bus bearing Registration No. BHQ-3584, the driver of the bus suddenly started the bus without any warning by blowing horn, as a result of which deceased fell down and was crushed under the wheels of the bus. The claim was contested by the owner of the bus namely, B.S....
Sarveshwar Nath Singh Vs. Jharkhand Intermediate Education Council and ...
Court: Jharkhand
Decided on: May-09-2002
Reported in: 2002(50)BLJR1251
ORDER1. In this petition, amongst various other reliefs, the petitioner claims that the respondents have committed a patent illegality in appointing an Administrator for the Jharkhand Intermediate Education Council, because according to the petitioner, law does not contemplate such an appointment of an Administrator.2. Mr. Pandey Neeraj Rai, learned counsel appearing for the petitioner drew our attention to Sections 3, 4 and 5 of the Jharkhand intermediate Education Council Act, 2000. Actually by virtue of the powers vested in the Government of Jharkhand under Section 85 of the Bihar Reorganisation Act, 2000 and vide Notification No. 7 dated 13.12.2000. Bihar Intermediate Education Council Act, 1992 was applied to the State of Jharkhand with the modifications and adaptations as mentioned in the aforesaid notification.3. Section 3 of the 2000 Act deals with the establishment of a Council to be called as the Jharkhand Intermediate Education Council and Section 4 of the Act prescribes the...
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