Jharkhand Court January 2003 Judgments
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Ram Das Singh Vs. Srimati Dilwash Devi
Court: Jharkhand
Decided on: Jan-06-2003
Reported in: [2003(1)JCR434(Jhr)]
Hari Shankar Prasad, J. 1. This appeal under clause 10 of the Letters Patent Appeal, has been filed by one Ram Das Singh, the appellant against the judgment dated 17th of January, 1992 passed by learned Single Judge of this Court in First Appeal No. 225/1989, where by the judgment and decree dated 31.3.1989 passed by Sub-Judge, Jamshedpur in Title Suit No. 12/1988 has been affirmed.2. The fact of the case, lie in a very narrow compass. The plaintiff respondent filed a suit for partition claiming half share in the suit property, a house originally belonged to one Prasad Kumar Sinha. After the death of Prasad Kumar Sinha, his two sons, Balai Kumar Sinha and Dilip Kumar Sinha succeeded over the half of the suit property from eastern side and the western side half into the share of step brothers and sisters of Dilip Kumar Sinha and Balai Kumar Sinha. A money suit filed by the present appellant against Balai Kumar Sinha was decreed but the entire eastern half of the suit house was attached ...
N. Anjali Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jan-06-2003
Reported in: [2003(1)JCR608(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The petitioner was appointed as Assistant Teacher in the matric trained scale of pay in Andhra Association Middle School, Jamshedpur, Her service having terminated by order dated 28th March, 2000 (vide Annexure-7), the present writ petition has been preferred. 2. The case of petitioner is that she was appointed after due advertisement, selection and following the procedure. The respondent Managing Committee issued termination order without application of mind but because of a direction given by the D.S.E. Jamshedpur. 3. The resppndents in their affidavit have taken plea that the petitioner was not a trained teacher. She produced a B.Ed. certificate of an unrecognized College/ University. 4. Counsel for the petitioner submitted that there was no stipulation made in the advertisement that only those who have obtained B.Ed certificate from recognized College/University can apply. In absence of such stipulation, the respondents cannot terminate the service of t...
Jeerawati Devi and anr. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jan-06-2003
Reported in: 2003(51)BLJR481; [2003(1)JCR558(Jhr)]
M.Y. Eqbal, J.1. This second appeal filed by the plaintiff is directed against the judgment and decree dated 7.3.1987passed by Additional District Judge, Palamau in title appeal No. 29/85 where by he has confirmed the judgment and decree passed by Sub-Judge, Palamau dismissing the title suit No. 56/82.2. The plaintiffs/appellants filed the aforementioned suit for declaration of title in respect of the vacant possession of the property as mentioned in Schedule A of the plaint which comprised khata No. 89 plot No. 84 measuring are of 85 decimals in village Rehla Khurd P.S. Rehla District Rehla, Palamau.3. The case of the plaintiffs/appellants is that the suit land was recorded as gairmazarua malik in survey operation in the year 1917. One Late Ramautar Das and his sons Jagarnath Das and Baijnath Das and his brother late Lakshman Das were and are the Dehi and Kayami raiyat of village Rehla Khurd. Jirwa Deviu is wife of Jagarnath Das. During the time of ex- intermediary 40 years ago Ramaut...
Prajapati Sharan Vs. Coal India Limited and ors.
Court: Jharkhand
Decided on: Jan-06-2003
Reported in: [2003(2)JCR23(Jhr)]
ORDERTapen Sen, J.1. Heard Mr, Anil Kumar Sinha. Senior Advocate for the petitioner and Mr. A.K. Mehta, learned counsel for the respondents.2. The petitioner came to this Court earlier challenging the order of the Director (P and I R) CIL passed on 24th January/4th February, 1997 by which his representation for promotion to the E-3 and E-4 Grade had been rejected.3. A Single Judge of this Court disposed off the Writ Petition and rejected the contention of the respondents to the effect that the petitioner had been inadvertently promoted to the E-2 Grade. Consequently the order of rejection of the Director mentioned above was set aside and the matter was remanded for reconsideration of the case of the petitioner for promotion to E-3 Grade from his due date and from the date his junior, if any, was promoted. The respondents were restrained from raising any question relating to the standard of diploma of the petitioner, i.e. Diploma in Auto Mobile Engineering. The decision was to be taken ...
Smt. Meena Devi and ors. Vs. NizamuddIn Ansari and ors.
Court: Jharkhand
Decided on: Jan-06-2003
Reported in: 2003(51)BLJR488; [2003(1)JCR591(Jhr)]
M.Y. Eqbal, J.1. This appeal is directed against the judgment and award dated 30th July, 1988 passed by the Land. Acquisition Judge, Dhanbad in Land Acquisition Reference Case No. 187/1986 whereby he has disallowed the reference made under Section 30 of the Land Acquisition Act at the instance of the applicants-appellants. 2. The facts of the case lie in a narrow compass. In 1984 the land of Mauja Taranga, P.S. Baghmara, district-Dhanbad including the disputed land was acquired by the State of Bihar for BCCL for its mining purposes. The land measuring 3 acres 39 decimals in total out of which 40 decimals of plot No. 1451, 12 decimals of plot No. 1451/2, 5 decimals of plot No. 1462 and 1 acre 32 decimals of plot No. 1352 of khata No. 44 was acquired and award No. 11 was prepared in the names of the opposite parties-respondents. The applicants-appellants filed their objection petition before the Land Acquisition Officer claiming compensation of the aforesaid award on the ground that they...
Jafar Khan Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jan-06-2003
Reported in: [2003(2)JCR371(Jhr)]
Lakshman Uraon, J.1. The sole appellant Jafar Khan has preferred this appeal against the judgment and order of conviction and sentence dated 18th March, 1997, passed by Smt. Shakuntla Sinha, learned 1st Additional Judicial Commissioner, Khunti (Ranchi), in Sessions Trial No. 501 of 1994/ Tr. No. 59 of 1996, whereby and where-under, the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/-, in default of payment of fine to undergo rigorous imprisonment for six months. 2. The prosecution case, based on the fardbeyan (Ext. 4) of Tua Munda (Pahan), recorded on 23.3,1994 at 21.30 hours at Village-Tapeshra, is that on 23.3.1994 he along with Mahmood Khan alias Tena (deceased) was returning from Jaltanda Market on their respective bicycles and reached Village-Tapeshra at about 5.00 p.m. The villager Jafar Khan (appellant), younger brother of Mahmood Khan, alongwith his brother-in-law Mum...
Sushil Chandra Bhattacharya Vs. Jharkhand State Electricity Board and ...
Court: Jharkhand
Decided on: Jan-06-2003
Reported in: [2003(2)JCR17(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. Kalyan Roy, learned counsel for the petitioner, Mr. Ajit Kumar, learned counsel for respondent Nos. 1 to 3 and Mr. Ashok Kumar Jha, learned counsel for the respondent No. 4.2. At the very outset Mr. Kalyan Roy stated that he has confined his entire Writ Application now only to the matter pertaining to payment of the amounts that have been sanctioned and which now stands admitted by the learned counsel for respondent Nos. 1 to 3. To that extent, Mr. Kalyan Roy draws attention of this Court to the counter-affidavit filed by Joint Secretary of the Bihar State Electricity Board, Patna and refers specifically to Annexure C thereof. Upon perusal, it is apparent that on 1.6.2001, the Bihar State Electricity Board, Patna sanctioned the payment of Rs. 56,858.76 (Rupees fifty six thousand eight hundred fifty eight and palse seventy six) of total pension of Rs. 1450/- only.3. Mr. Kalyan Roy, during the course of arguments, has also produced for perusal of this Court...
Basudeo Kumar Sinha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-06-2003
Reported in: [2003(2)JCR281(Jhr)]
ORDER1. Heard Mrs. M.M. Pal, learned counsel for the petitioner and Mr. Mahesh Kumar Sinha, learned Junior Counsel to the Additional Advocate General.2. Almost two years ago, i.e. 8.1.2001, this Court granted six weeks' time to the State to seek instructions and file necessary, affidavit. The order was passed upon the prayer made on behalf of the State itself which had requested for six weeks' time to do the needful so that upon receipt of affidavit the case could be disposed off. Today, after almost two years, when this case has been called out, the learned counsel for the respondents stated that he has yet to receive instructions and on that score alone he has not been able to file affidavit.3. Taking into consideration the aforementioned laches on the part of the State this Court is not inclined to grant anyfurther opportunity to them and consequently, the right to file Affidavit by the State is hereby closed and the case is taken up on its merits on the basis of pleadings made in t...
Bharat Prasad Jha Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Jan-06-2003
Reported in: [2003(2)JCR290(Jhr)]
ORDERVikramaditya Prasad, J.1. The learned J.C. to S.C.-III appears and submits that he has already served a copy of the counter affidavit upon the learned counsel for the petitioner and he is ready to argue the case.2. Heard both sides.3. The petitioner has filed this writ for a direction upon the respondents to grant him the scale of headmaster with effect from 23.9.1984 since the date he has passed Sahitya Alankar (B.A.) and senior selection grade since 1991 with bank interest and also for payment of arrears of B.A. trained scale to him, which is due from 23.9.1984 to 19.5.1996. It is relevant to state that when the matter was take up, the learned counsel for the petitioner fairly conceded and stated that so far claim of arrears of B.A. trained is concerned this relief has been wrongly mentioned, therefore, this relief is not being considered.4. The case of the petitioner is that he was appointed as Assistant Teacher in Middle School vide Memo No. 4688 dated 10.9.1966 and accordingl...
Girja Shankar Tiwary Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jan-06-2003
Reported in: [2003(2)JCR350(Jhr)]
ORDERVikramaditya Prasad, J. Heard both sides1. The point to be determined in this writ is whether acquiring of higher qualification changes the original seniority?2. The question aforesaid arises out of the fact that the petitioner was appointed in the year 1965 as Assistant Teacher. One Md. Jasmuddin was appointed in the year 1966 on the same post. Then it transpires that Md. Jasmuddin acquired a qualification of B.A. in the year 1979 and the petitioner acquired his B.A. degree in the year 1981. A gradation list was subsequently prepared and since Jasmuddin Khan had obtained the B.A. degree in the year 1979, he was made senior to the petitioner. Then the promotion was taken up in the year 1987 and Jasmuddin was promoted to the exclusion of the petitioner on two grounds, firstly Jasmuddin has acquired the qualification of B.A. prior to the petitioner and secondly while the petitioner's case was considered due to roster policy in the district no vacancy was available for his promotion,...
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