Jharkhand Court July 2002 Judgments
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State of Bihar and ors. Vs. Md. Vakil
Court: Jharkhand
Decided on: Jul-30-2002
Reported in: 2003(1)BLJR468
1. The only point involved in this case is with respect to the maintainability and legality of the departmental proceedings instituted against the respondent-writ petitioner with respect to an event which admittedly occurred during his service. The respondent-writ petitioner retired on 30.1.1997 but much before the date of his retirement, i.e. on 12.10.1990 thedepartmental proceedings were initiated against him by issuance of a charge-sheet with respect to the allegations of defalcation of Government money. In terms of Rule 43(b) of the Bihar Pension Rules it was wholly permissible for the Government to continue the departmental proceedings since these had been instituted while the respondent-writ petitioner was on duty at a point when he was in service of the Government. 2. Rule 43(b) reads thus :-- '43. .............. (b) The State Government further reserved to themselves the right of withholding or withdrawing pension or any part of it, whether permanently or for a specified perio...
Ramesh Prasad and ors. Vs. Kasi Sao @ Kasi Prasad and anr.
Court: Jharkhand
Decided on: Jul-30-2002
Reported in: 2003(51)BLJR549
Lakshman Uraon, J.1. This Letters Patent Appeal is directed against the judgment dated 19th December, 1997, passed by the learned single Judge in First Appeal No. 129 of 1996, (R)/Appeal From Original Decree No. 129 of 1996 (r), allowing the said appeal and setting aside the judgment and decree dated 14th June, 1986, passed by the learned Sub-ordinate Judge, Palamau at Daltonganj, in Title Suit No. 57 of 1984, decreeing the plaintiffs/respondents/appellants suit, which was for declaration of right, title and interest, on the basis of registered sale deed dated 18th May, 1984, executed by defendants/appellants/respondents, and also for putting them in possession of the suit lands, covered by the sale deed.The plaintiffs/respondents/appellants filed the said Title Suit No. 57 of 1984, seeking a decree that the sale deed, executed by defendant/appellant/respondent No. 1 on 18th May, 1984, is valid and conveyed right, title and interest to them. Hence, their right, title and interest be de...
Lata Soni and anr., Etc. Etc. Vs. Jamshedpur Notified Area Committee a ...
Court: Jharkhand
Decided on: Jul-30-2002
Reported in: AIR2003Jhar8
S. K. Mukhopadhaya, J. 1. As all thethree appeals arise out of a common judgment dated 14th January, 2000, passed by the learned single Judge in C.W.J.C. Nos.1757 of 1999(R), 1835 of 1999(R) and 1867 of 1999(R) (reported in AIR 2000 Pat 141), and common question of law is Involved in all of them, they have been heard together and are being disposed of by this common judgment. All the writ petitions had been preferred by the tenants against the threat of demolition by Jamshedpur Notified Area Committee ('Committee' for short) under Section 194 of the Bihar and Orissa Municipal Act ('Municipal Act' for short) and for declaration that the threat of demolition of the tenanted premises by the Committee was absolutely illegal, arbitrary, mala fide and against the law. It was alleged that the action of threat for demolition was taken at the instance of Landlords (who are appellants here in these appeals) to evict the writ petitioners-tenants from the tenanted premises. During pendency of the ...
Krishna Chandra Yadav Vs. Presiding Officer, Labour Court and anr.
Court: Jharkhand
Decided on: Jul-30-2002
Reported in: (2003)ILLJ462Jhar
M.Y. Eqbal, J. 1. In this appeal under Clause 10 of the Letters Patent directed against the Judgment dated March 2, 1998 passed in CWJC No. 1847 of 1989 (R) whereby the learned single Judge allowed the writ petition and set aside the order dated July 24, 1989 passed by the Labour Court in B. S. E. Case No. 9/86 directing the workman to be reinstated in service with full back wages. 2. The facts of the case lie in a narrow compass. 3. The appellant who is the concerned workman filed a complaint under Section 26 of the Bihar Shops and Establishments Act, 1953 (in short the said Act) against the respondent-Management, namely, Asiatic Oxygen Limited, Dhanbad against his illegal removal from service and seeking an order of reinstatement with full back wages. The case of the appellant is that he was employed by the respondent on May 4, 1982 and he had worked for a period of about four years till April 12, 1986. It is alleged that during this period of four years, he was forcibly made idle fr...
Radha Kant Yadav and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jul-30-2002
Reported in: I(2003)DMC7
Vikramaditya Prasad, J.1. The appellants were convicted for offence under Sections 302/34 and 201, 1.P.C. and they were sentenced to undergo R.I. for life and R.I. for 7 years respectively for the aforesaid, offences. They have preferred this appeal against the aforesaid conviction and sentence.2. As per the written report of one Ganesh Yadav (P.W. 1) submitted before the police, Ext. 1, the prosecution case is that Kavita Devi (deceased) was his daughter and she was married to Pradip (appellant No. 3) three years prior to her death. About 2-3 months prior to date of filing of the Fardbeyan, which was on 22.9.1992, there was some quarrel between Kavita Devi and his Samandhi, Damad and Samandhin. Receiving this information, the informant had gone to the village Pasai where his Samandhi and Samandhin had complained to him that his daughter was a rogue and was always quarrelling in the house. When the informant enquired from her and also tried to make her pacified, then her daughter infor...
Dilip Mahto Vs. State of Bihar
Court: Jharkhand
Decided on: Jul-30-2002
Reported in: 2003(1)ALT(Cri)13; II(2002)DMC765
Vishnudeo Narayan, J.1. This appeal has been directed by the appellant named above against the judgment and order dated 24.8.1996 passed in Sessions Trial No. 87/1994 by Mr. Subhash Chandra Jha, Additional Sessions Judge, Bermo at Tenughat whereby the appellant was found guilty for the offence punishable under Section 376, I.P.C. and he was convicted and sentenced to undergo R.I. for seven years and to pay a fine of Rs. 25,000/- to be paid to the victim Meena Kumari and in default thereof to undergo S.I. for two years. However, the appellant and other three accused persons were acquitted for the offence under Sections 323 and 498A, I.P.C. and 3 and 4 of Dowry Prohibition Act.2. The prosecution case has arisen on the basis of a petition of complaint filed by Manna Ram Mahto lodged before the Court of A.C.J.M., Bermo at Tenughat on 6.4.1991 regarding the occurrence which is said to have taken place on 13.3.1991 and 20.3.1991 which was forwarded to the O/C Nawadih P.S. for institution of ...
Smt. Mithila Manjhi Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Jul-30-2002
Reported in: II(2002)DMC656
Vishnudeo Narayan, J.1. This revision has been directed by the petitioner against the order dated 2nd June, 1998 passed under Section 125, Cr.P.C. in Maintenance Case No. 9 of 1997/T.R. 269 of 1998 by Sri Jagannath Rai, J.M. 1st Class, Khunti whereby and whereunder the claim of maintenance of the petitioner was dismissed.2. The facts given rise to this revision are as follows. The petitioner claims herself to be the legally wedded wife of O.P. No. 2 Shanker Manjhi, their marriage having been solemnized in accordance with Hindu religion and rites on 29.5.1973 at Khuntitoli, P.S. Khunti, District Ranchi and the petitioner thereafter went to her matrimonial home in the company of O.P. No. 2 where she led her conjugal life. It is alleged that the O.P. No. 2 is in the service at Delhi where he lives and he used to come to his house whenever there is leave and he used to tell to the petitioner that he will take her to Delhi after making proper arrangement of abode there along with his mother...
Vijay Mondal Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jul-30-2002
Reported in: I(2003)DMC83
Vishnudeo Narayan, J.1. The sole appellant, Vijay Mondal, who was convicted for an offence under Section 302,1.P.C. and sentenced to undergo R.I. for life on trial, has preferred this appeal.2. The prosecution case as per the Fardbeyan, Ext. 2 of the deceased Urmila Devi @ Pramila Devi (now deceased) recorded by the A.S.I., Krishna Singh, at Ramawatar Nursing Home on 9.8.1994 at 14 hours is as follows :Urmila Devi @ Pramila Devi (now deceased) was married with the appellant Vijay Mondal about 15 years ago and they were residing in ECL Quarter No. N.H.S. 10/125. They had two sons and one daughter. On the night of 2.8.1994 at about 12.30 a.m. accused Vijay Mondal returned to his quarter, at which Urmila Devi asked the reason for such late return which enraged the accused and he began to abuse her and attempted to drive her out of the house. Urmila Devi persistently requested that she would live in the house. Thereafter, the accused closed the door from inside and thereafter poured kerose...
State of Bihar and ors. Vs. Kumari Abha
Court: Jharkhand
Decided on: Jul-23-2002
Reported in: 2002(50)BLJR1979
S.J. Mukhopadhaya, J.1. The respondent-writ petitioner, Kumari Abha having successfully competed in Pre-medical and Dental Test, was admitted in the 1st Year M.B.B.S. Course in M.G.M. Medical College, Jamshedpur for the sessions, 1993-92.Subsequently a notice vide letter No. M,C./ 73/94 dated 3rd February, 1994, was issued on her alleging submission of forged S.C. certificate, she being not a S.C. On receipt of reply the 'Deputy Secretary, Health Medical Education and Family Welfare Department, Government of Bihar, Patna vide impugned letter No. 250 (26) dated 18th October, 1996 ordered to cancel her admission.2. The learned single Judge by impugned judgment dated 15th August, 1997, allowed the writ petition, CWJC No. 3928/ 1996 (R), as was preferred by her.set aside the order dated 18th October, 1996, allowing Kumari Abha to pursue her studies and to appear in all examinations.3. The appellant-State of Bihar took plea that the deed of her adoption by a Scheduled Caste was not proper b...
Madanlal Gupta Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jul-23-2002
Reported in: AIR2003Jhar56
ORDER1. No one appears for the respondents.The only ground on which the learned single Judge refused to interfere was that the license for the saw mill could not be renewed in the absence of the prior approval of the Central Government. In coming to this conclusion, the learned single Judge was influenced by the decision of the Supreme Court in the case of T.N. Godavar-man Thirumulkpad v. Union of India, reported in (1997) 2 SCC 267].2. Since the period of the licence granted in favour of the appellant-writ petitioner for running a saw mill under the Bihar Saw Mill (Regulation) Act, 1990 had expired/was to expire on 17.1.1995 and the petitioner-appellant had applied for the renewal of the licence, the respondents vide order dated 28.9.1996 refused to grant such renewal, leaving the petitioner to file writ petition in this Court (being CWJC No. 297/97(R)) which was dismissed by the learned single Judge vide judgment dated 29th April, 1997; hence the present appeal under Clause 10 of the...
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