Jharkhand Court July 2002 Judgments
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Tajiban Khatoon and anr. Vs. Lao Kumar and anr.
Court: Jharkhand
Decided on: Jul-11-2002
Reported in: 2002(50)BLJR1976
Lakshman Uraon, J. 1. This Letters Patent Appeal has been directed against the order dated 20.12.1994 pronounced by the Hon'ble single Judge in Appeal from Original Order No. 8/1988(R), modifying the judgment dated 29.7.1987, passed by the learned 4th Addl. District Judge-cum-Claims Tribunal, Hazaribagh in Misc. Case No. 25/92.2. The respondents-Appellants No. 1 & 2 (Tajiban Khatoon and her husband Md. Yunus) filed a claim case for grant of compensation on account of the death of their son Zasikuddin Ansari. Their son was driver of taxi No. BHM 9039, belonging to opposite party-respondent No. 1, Lao Kumar. While he was returning home on 26.1.1982 the said vehicle dashed against the tree by the side of the road, as a result of which he succumbed to his injury. Theclaimants pleaded that their son was getting salary of 1100/- per month and the vehicle was insured with opposite party-appellant-respondent No. 2, New India Assurance Co. Ltd., Malviya Marg, Hazaribag. The Insurance Company as...
Poklal Mahto Vs. Uma Shankar Singh and anr.
Court: Jharkhand
Decided on: Jul-11-2002
Reported in: III(2002)ACC409
ORDER1. This appeal has been preferred by the appellant-claimant against the judgment dated 20.3.1998 passed by the learned Single Judge in Misc. Appeal No. 466/1993(R) (Appeal from Original Order}. The prayer of the appellant-claimant to enhance the compensation amount was accepted and it was enhanced from Rs. 40,000/- (Forty thousand only) to Rs. 50,000/- (Fifty thousand only) together with interest at the rate of 18% from the date of the award.2. However, it appears that the appellant-claimant is not satisfied with such enhancement of Rs. 10,000/- (Ten thousand only) together with 18% interest. So the present letters patent appeal has been preferred by him.3. The case as made out by the claimant is that the deceased, a boy aged about 15 years, was reading in Class-VIII. On 11.10.1990, at about 4.30 p.m. while the (deceased) boy was entering into the home after coming from the school, he was dashed by a Matador bearing Registration No. BEY-2056 which was running in a very high speed....
Uday Narayan Singh Vs. Heavy Engineering Corporation Ltd. and ors.
Court: Jharkhand
Decided on: Jul-10-2002
Reported in: 2002(50)BLJR1599
ORDER1. The petitioner-appellant, Uday Narayan Singh, is an employee of respondent-Heavy Engineering Corporation Limited (HECL for short). He was allotted a quarter of HECL. A team of officers including Engineers and Electricians, made surprise check of his quarter No. DT/385 at Dhurwa on 18.9.1993 at 3.30 p.m. and found that the meter reading and seals were okay. However, the meter was found hanging with the connection wire and theft of power by extra connection was taken from the incoming line by passing the energy meter. For the aforesaid misconduct, found on raid, the appellant was charge-sheeted by letter No. HMB/010/93-1556, dated 7.10.1993.2. The appellant took part in day to day departmental proceeding and submitted his written statement on 27.10.1993. Thereafter taking into consideration the evidences on record the enquiry officer held the appellant guilty for the aforesaid charges.3. A copy of the finding of the enquiry authority was supplied to the appellant vide letter Non ...
The Oriental Insurance Co. Ltd. Vs. Mita Paul (Smt.) and ors.
Court: Jharkhand
Decided on: Jul-10-2002
Reported in: 2003ACJ2142
S.J. Mukhopadhaya and Lakshman Uraon, JJ.1. This appeal has been preferred by the opposite party-appellant, the Oriental Insurance Co. Ltd. (Company for short) against the order dated 18th February, 1998 passed by the learned single Judge in Misc. Appeal No. 200/1995 (R).2. The learned single Judge observed that the appeal having filed against an interim award passed by the Claim Tribunal under Section 140 of the Motor Vehicles Act, the issue raised was not required to be answered and can be determined at the time of hearing of the main application.3. The case of the appellant is that the Compensation Case No. 50 of 1992 was preferred by applicants Smt. Mita Paul and others, the widow and minor son and daughter of (deceased) Bhudev Paul. The impugned judgment and award dated 4th September, 1995/19th September, 1995 is final in nature.4. Admittedly, the deceased, Bhudev Paul was the owner of the auto-rickshaw bearing Registration No. BR-14A-8538 who was driving the vehicle, and met with...
Andhra Dramatic and Literary Society and anr. Vs. State of Bihar and o ...
Court: Jharkhand
Decided on: Jul-10-2002
Reported in: [2003(1)JCR256(Jhr)]
S.J. Mukhopadhaya, J. 1. The appellants-Andhra Dramatic and Literary Society (A.D.L. School for short) and its Managing Committee being not satisfied with the judgment and order dated 28.8.1997 passed by the learned single Judge in CWJC No. 4239 of 1997 (R), has challenged the same by the impugned judgment, learned single Judge held the appointment of respondent-Mrs. P. Naidu as Headmistress of the A.D.L. School illegal having made contrary to the settled principles of law and set aside her appointment.2. According to writ petitioner-respondent, Mrs. P. Ratna she held qualification of M.A., B.Ed, since 1983 and was working as Assistant Teacher in the LA. trained scale since 15th March, 1983, as was approved by the District Superintendent of Education, Jamshedpur (D.S.E. for short). She being eligible applied for appointment to the post of Headmaster (Headmistress) published by A.D.L. School on 22.12.1992 in newspaper 'UDTT VANI'. The respondent. Mrs. P. Naidu is a matric trained teache...
Binay Kumar Jha and ors. Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Jul-10-2002
Reported in: II(2002)DMC553
ORDERDeoki Nandan Prasad, J.1. This application has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing the order dated 7.3.2000 passed by the Sub-Divisional Judicial Magistrate, Godda, in P.C.R. Case No. 585 of 1995/T.R. No. 905 of 2000 (G.R. Case No. 602 of 1998) whereby and whereunder the learned Magistrate passed the order for issuance of summons against the petitioners to face the trial in the aforementioned case which was registered under Sections 302/34 of the Indian Penal Code.2. The prosecution case in brief as alleged is that the opposite party No. 2 was posted as a Teacher in J.K. High School, Raj Mahal and he married his daughter Putul in the year 1989 with Binay Kumar Jha and after the marriage, the mother-in-law, father-in-law and the husband started demanding money and also torturing his daughter. His son-in-law demanding a sum of rupees twenty thousand and due to non-fulfilment of the said demand, they star...
Biru Teli Vs. the State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jul-10-2002
Reported in: 2002CriLJ4538
ORDERDeokinandan Prasad, J.1. This application has been filed under Sections 397 and 401 of the Code of Criminal Procedure (hereinafter referred to as 'the Code' against the order dated 31 -1-2001 passed by Sri S.N. Singh/Judicial Magistrate at Dhanbad in Sessions Trial Case No. 55 of 2001 arising out of Topchanchi (Hariharpur) P.S. Case No. 102 of 2000 corresponding to G. R. Case No. 2169 of 2000 whereby and whereunder the learned Magistrate rejected the application filed by the petitioner for adding Rameshwar Sao as an accused in the aforesaid case which was registered under Sections 302, 201 and 34 of the Indian Penal Code.2. The first information report was lodged alleging therein that the son of the informant aged about fifteen years had gone out of the house and till late night he did not return. Thereafter the inquiry was made from his wife regarding the whereabout of his son Vijay and then he came to know that the deceased used to speak of going away Bombay and as such having c...
Gandura Lakra @ Oraon and anr. Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-09-2002
Reported in: 2002(3)BLJR1981
1. Both the appellants stand convicted for the offences under Section 302/34, IPC and sentenced to R.I., for life on trial by the trial Court for committing the murder of Sheolal Pahan.2. This Sheolal Pahan had died of the following injuries, as per Dr. A.K. Choudhary, P.W. 11, who conducted autopsy on the dead-body of the deceased on 15.6.1992 and proved the post-mortem report, Ext. 7:Incised wound: 5 x 1 1/2 cm. x bone deep over the back of neck situated tremulously cutting the soft issue and 3rd cervical vertebra including spinal cord with infiltration of blood.Stab wound : (i) 2 x 1 cm. cavity deep over lateral part of left abdomen situated 22 cm. below left nipple and 17 cm. left to midline. The weapon passes the left 9th. Intercostal space and enter into Spleen. There is presence of blood and blood clot in abdominal cavity.-(ii) 11/2 cm. 1 1/2 cm. over lateral side of left abdomen situated 4 cm. above the proceeding injury. The track is confined to the wall only.Opinion: (i) All ...
Essem Transport and Contractors Pvt. Ltd. Vs. Central Coal Fields Ltd. ...
Court: Jharkhand
Decided on: Jul-08-2002
Reported in: AIR2003Jhar13; 2003(1)ARBLR472(Jhar)
ORDER1. Delay in the appeal is condoned. 2. The appeal is taken up today for consideration and final disposal with the consent of the parties. 3. On the 10th September, 1999 Central Coal Fields Ltd., Darbhanga House, Ranchi issued a notice inviting tender (NIT) with respect to the 'rate contract' for transportation of coal and washery products. The NIT contained various terms and conditions but in this case we are concerned with Condition No. 8.0 only which reads as under : '8.0 Tenders will be received at the Office of Chief General Manager (Transport), Central Coalfields Limited, Ranchi on 14.10.1999 up to 11.00 a.m. and will be opened on the same date at 11.30 a.m. Or any other day and time in presence of the tenderers or their authorised representatives who desires to be present.' 4. Chapter II of the Tender documentssubmitted by the appellant writ petitionerpursuant to the aforesaid NIT containedvarious clauses; Clause 17 being as under : '17. The quotations shall be validfor a mi...
Basudeo Mehra Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-05-2002
Reported in: [2003(1)JCR234(Jhr)]
M.Y. Eqbal, J.1. Petitioner is aggrieved by the order dated 3.3.2000 issued by the District Superintendent of Education, Deghar, whereby he has directed for recovery of Rs. 49,756/- from the gratuity/pension payable to the petitioner and also order dated 13.4.2000 passed by Senior Account Officer, Accountant General, Bihar whereby the aforesaid amount has been recovered from the amount of gratuity payable to the petitioner.2. Petitioner was serving as Head-clerk in the department of Education and superannuated on 31.1.2002 from the office of the District Education Officer, Deoghar. It appears that the petitioner was appointed in 1962 and after serving for a long period he retired in January, 2002. After his retirement, the District Superintendent of Education issued an order to the effect that there was wrong fixation of salary of the petitioner from 1,4.1981 to 31,3.1983 instead of payment of salary at the pay scale of Rs. 680-965/-, he was paid salary at the pay scale of Rs. 730-1080...
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