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Jharkhand Court September 2002 Judgments

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Sep 05 2002

Kvr Optical Industries Vs. Bihar State Financial Corporation and anr.

Court: Jharkhand

Decided on: Sep-05-2002

Reported in: III(2004)BC24

Gurusharan Sharma, J.1. The petitioner-unit is registered as a small scale industry and is engaged in manufacturing Auto Head Lamps, Reflectors, Mirrors and Vacuum quoted items. It obtained a loan of Rs. 3,00,000/- in the year 1978 from the respondent-Bihar State Financial Corporation (hereinafter to be referred to as the Corporation), but failed to repay the same and thus the loan dues accumulated to Rs. 4.97 lakhs. However, a fresh loan of Rs. 5.50 lakhs was sanctioned to the petitioner-unit for its rehabilitation on concessional rate, out of which Rs. 4.97 lakhs were disbursed. The petitioner unit approached the Corporation for further loan against subsidy and a sum of Rs. 35,000/- was sanctioned in the year 1988 as ad interim assistance to the unit.2. In the year 1991, an application was made to the Managing Director of Adityapur Industrial Area Development Authority for registration of the petitioner unit as sick industry. Managing Director of the said Authority forwarded the same...


Sep 04 2002

Krishna Murari Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Sep-04-2002

Reported in: [2003(2)JCR44(Jhr)]

V.K. Gupta, C.J.1. Through the medium of this petition by way of Public Interest Litigation, filed under Articles 226 of the Constitution of India, the petitioner, who is a practicing Advocate of this Court, as also in the District Courts, has prayed for issuance of a writ in the nature of mandamus, commanding respondents 3 to 6, who are the Principal Judges/Presiding Officers of Family Courts constituted under the Family Courts Act, 1984, at Ranchi, Jamshedpur, Dhanbad and Hazaribagh, to allow the parties to litigation before these Courts to be represented by counsel of their choice.2. The point involved in this petition is very simple and uncomplicated, Family Courts Act, 1984, was enacted to provide for the establishment of Family Courts by making it obligatory on the part of the State Governments to set up a Family Court in every city or town with a population of more than one Million people. The object of the Act was to ensure speedy settlement of family disputes between the conte...


Sep 04 2002

Flying Officer, A.K. Das Vs. State of Bihar and anr.

Court: Jharkhand

Decided on: Sep-04-2002

Reported in: [2004(1)JCR346(Jhr)]

Gurusharan Sharma, J.1. The petitioner served Indian Air Force from the year 1965 to 1970 and thereafter was released therefrom on medical grounds. He was re-employed on non-gazetted post as Secretary, Zila Sainik Board and was posted at Chaibasa in the year 1981. Later on such post was up-graded from non-gazetted to gazetted Class-II with effect from 1.1.1984. At the time of joining on the post of Secretary on 20.4.1981, his pay scale was revised in new pay scale of Rs. 850-1360/- as basic pay, which was higher than the last pay drawn by him, so the petitioner was not entitled to take the pay fixation benefit. As per Bihar Service Code, there was no provision for counting former services of the petitioner.2. On the recommendation of the Deputy Commissioner, Singhbhum at Chaibasa, on various charges levelled against the petitioner he was suspended in contemplation of: the departmental proceeding. A departmental proceeding was initiated, against him and was concluded holding him guilty ...


Sep 03 2002

Amar Nath Ghosh Vs. Steel Authority of India Ltd. and ors.

Court: Jharkhand

Decided on: Sep-03-2002

Reported in: [2003(1)JCR456(Jhr)]

S.J. Mukhopadhaya, J.1. The writ petition has been preferred by petitioner for direction on the Chief (Education) Manager, Bokaro Steel Plant, Bokaro to grant him promotion to Grade-8 post with upgrade designation on the basis of degree of Siksha Visharad as per Memo No. CBSC/Att. 1 m/ 3325/88/3006, dated 25th May, 1988.2. Further prayer has been made to set aside the order dated 10th January, 2000 (Annexure-13) whereby his representation has been rejected with further prayer to quash the Memo No. 3627 dated 19th June, 2002 (Annexure-15) whereby and whereunder the petitioner has been transferred from the post of Master of the post of Planning Assistant in the SMS 2 Department under General Manager (Steel).3. The case of petitioner is that he was appointed as Junior Trainee vide Memo No. 336 dated 21st February. 1983 and on completion of training successfully, he was posted in the maintenance yard vide Office Order No. 1660 dated 18th April, 1984. The Manager, Personnel Recruitment of t...


Sep 03 2002

Nakul Manjhi and anr. Vs. State of Bihar (Now Jharkhand)

Court: Jharkhand

Decided on: Sep-03-2002

Reported in: II(2003)DMC802

Vishnudeo Narayan, J.1. This appeal has been preferred by the appellants named above against the judgment and order dated 4.9.1996 passed by Shri Ashok Kumar Verma, Judicial Commissioner, Ranchi at Camp Court, Khunti in Sessions Trial No. 279 of 1994 whereby and where under they have been found guilty for the offence punishable Under Section 304B of the Indian Penal Code and they were accordingly convicted and sentenced to undergo R.I. for life. However, they were not found guilty for the charge Under Sections 302/34 and 328/34, I.P.C. Accused Nirsha Devi has been acquitted of the charge Under Sections 304-B, 302/34 and 328/34 of the Indian Penal Code.2. The prosecution case has arisen on the basis of the Fardbeyan (Exhibit 2) P.W. 6, Bhushan Chandra Manjhi, father of Aloka Devi, the deceased of this case and the wife of appellant, Sanjay Manjhi recorded by SI Sahay Lakra of Torpa P.S., District Ranchi at village Kasmar, P.S. Torpa on 30.4.1993 at 13.30 hours regarding the occurrence w...


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