Jharkhand Court January 2003 Judgments
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Deo Kumar Bannerjee and ors. Vs. Ashok Kumar Keshri and ors.
Court: Jharkhand
Decided on: Jan-27-2003
Reported in: [2003(2)JCR48(Jhr)]
M.Y. Eqbal, J.1. This second appeal is directed against the judgment and decree passed by the Courts below whereby the suit for eviction filed by the plaintiffs-appellants on the ground of default has been dismissed.2. At the very outset I must indicate that both the Courts below have come to concurrent finding of facts that the defendants are not defaulter. In that view of the matter the High Court, in second appeal, cannot disturb such findings of fact.3. Notwithstanding the settled law referred to hereinabove I would like to go into the facts of the case. The plaintiffs filed the suit alleging that the defendants are the, habitual defaulters and have adopted a novel method to show remittance by money order and in collusion with the postal peon used to get endorsement of refusal on the money order coupons so the same amount may be kept in circulation. It is therefore clear that the plaintiffs themselves admit that the defendants are in the habit of remitting rent by money order. The ...
State of Bihar Through the Commissioner and Secretary, Industries Depa ...
Court: Jharkhand
Decided on: Jan-27-2003
Reported in: [2003(2)JCR193(Jhr)]
ORDER1. On 4.2.2002, the learned Judge while allowing CWJC No. 1016 of 1999 (R) directed,the respondent No. 3 in that writ petitioner to pay the retrial dues to the petitioners within a period of two months. The operative portion of that order reads thus :'It appears that this case is covered by the order passed in CWJC No. 3250 of 98 (R). However, having regard to the stand taken in the counter affidavit, this writ application is disposed of with a direction to respondent No. 3 to pay the entire retiral dues within two months from the date or receipt of a copy of this order. If the petitioner will have any grievance, he may file a representation before respondent No. 3 which shall be considered in accordance with law.'2. The District Officer, Khadi Gramodyog Board, Patna was respondent No. 3 in the writ application, whether it was the District Officer or the Chief Executive Officer, Khadi Gramodyog Board, in pith and substance the direction to pay the retiral dues of the writ petition...
Pradeep Cement Pvt. Ltd. Vs. Jharkhand State Electricity Board and ors ...
Court: Jharkhand
Decided on: Jan-27-2003
Reported in: [2003(4)JCR378(Jhr)]
ORDERVikramaditya Prasad, J.1. The petitioner claims to be covered by the Industrial Policy of the year, 1995, Annexure 4, and pursuant thereto, claims exemptions in the bills raised by the respondent and also claims that the AMG charges cannot be raised before the expiry of 12 months from the date of production.2. The case of the petitioner is that its unit was sanctioned in January, 2000, but actually it started production in December, 2000. The petitioner claims its coverage under the Industrial Policy aforesaid, specifically the second proviso of Clause ka. The learned counsel appearing for the petitioner, placing a letter No. 724 dated 20.7.2001, in course of argument, submitted that this letter has been issued by the General Manager, District Industries Centre, Giridih, wherein it has been mentioned that the production of the aforesaid concern, i.e. M/s. Pradeep Cement Pvt. Ltd., Bhorandia, Giridih, has commenced from 18.1.2001.3. The petitioner has filed this writ for quashing t...
Laljit Bhuiya Vs. Bharat Coking Coal Limited and ors.
Court: Jharkhand
Decided on: Jan-24-2003
Reported in: [2003(1)JCR564(Jhr)]
ORDERTapen Sen, J.1. In this writ application, the petitioner has prayed that he should be given the full voluntary retirement dues by calculating the same with effect from his original and initial date of appointment, i.e., 9.4.1973 and not from 1.1.1989, i.e., the date on which he was absorbed.2. The petitioner has further prayed for similar calculation on the leave encashment amount taking 9.4.1973 as the date and also to pay the remaining amount enuring to his benefit under the V.R.S. Scheme by taking into account the actual length of service.3. The case of petitioner is that he was appointed on 9.4.1973 as a Wagon Loader/Stone Cutter in the Govindpur Colliery and since then he continued to work without any break. The petitioner relies upon the service excerpt vide Annexure 1 and submits that as per the said document the respondents themselves, have shown his date of appointment to be 9.4.1973.4. The petitioner has further stated that even in the From 'B' Register the year of the p...
Tata Iron and Steel Co. Ltd. Vs. Presiding Officer, Labour Court and o ...
Court: Jharkhand
Decided on: Jan-24-2003
Reported in: [2003(97)FLR633]; [2003(2)JCR76(Jhr)]
M.Y. Eqbal, J.1. In this writ application the petitioner has prayed for quashing the order dated 10.3.1995 passed by the Presiding Officer, Labour Court, Jamshedpur in BSE Case No. 7/89 under the provisions of Section 26 of the Shops and Establishment Act directing for reinstatement of the employee in service with half back wages and continuity of service.2. Respondent No. 2 complainant is in the service of the petitioner as Town Planning Assistant. Subsequently he was promoted as Assistant Zonal Engineer in the Town Engineering Department of the petitioner-company. On 11.6.1988 the complainant was put under suspension on the allegation of conspiracy in the matter of approval of contract of a contractor. Thecomplainant submitted his explanation called for by the petitioner denying that he has committed any misconduct. The Director Town Services of the petitioner-company appointed an Enquiry Committee to enquire into the allegation and one Sri R.P. Singh, Intelligence Officer was appoin...
Manohar @ Pagla Sawayan and anr. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jan-24-2003
Reported in: [2003(1)JCR548(Jhr)]
Vishnudeo Narayan, J. 1. This appeal has been preferred by the appellants named above against the judgment dated 29.5.1991 passed in Sessions Trial No. 69 of 1988 by Shri J iwan Tigga, 2nd Additional Sessions Judge, Singhbhum at Chaibasa whereby and whereunder they were found guilty for the offence under Sections 302 and 201 read with Section 34 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for life for the offence under Section 302/34 of the Indian Penal Code and R.I. for seven years for the offence under Section 201/34 of the Indian Penal Code. However, both the sentences were ordered to run concurrently. 2. The prosecution case has arisen on the basis of the written report (Ext. 8) of PW 8, Kishore Sawayan, Mukhiya of village-Gundipua lodged before the Muffasil P.S., District Singhbhum on 28.8.1987 on the recovery of an unknown naked dead body of a woman in the paddy field full of water in village-Gundipua and the case was Instituted against unknown ...
Nehal Asgar and anr. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jan-24-2003
Reported in: [2003(2)JCR526(Jhr)]
Lakshman Uraon, J. 1. The appellants have preferred this appeal against the judgment and conviction dated 5.1.2000 passed by Shri Ghanshyam Prasad, learned Sessions Judge, Palamau, Daltonganj in Sessions Trial No. 454 of 1996 whereby and whereunder the appellants have been convicted under Sections 304B/201/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 304B of the IPC and Rigorous Imprisonment for three years and pay a fine of Rs. 10,000/- each for the offence punish-able under Sections 201/34 of the IPC. In case of default to pay the fine, the convicts were directed to go simple imprisonment for six months each. The learned Sessions Judge directed both the sentences of each convict in respect of the each count shall run concurrently. 2. The prosecution case as per fardbeyan (Ext. 4) of the informant Shami Ahmad Ansari (PW 9) recorded by SI Birendra Kumar Sinha, O/C of Tandwa PS on 6.8.1995 at 10.00 a.m. near North Koel Canal Kulharia ...
Dharma Pahariya Vs. the State
Court: Jharkhand
Decided on: Jan-24-2003
Reported in: [2003(2)JCR356(Jhr)]
Vishnudeo Narayan, J.1. This appeal has been preferred by the sole appellant named above against the impugned judgment dated 21.1.1986 passed in Sessions Case No. 199 of 1982/92 of 1982 by Shri Md. Quamrul Hoda, 2nd Additional Sessions Judge, Dumka whereby and whereunder the appellant was found guilty for the offence punishable under Sections 302 and 201 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life under Section 302 of the Indian Penal Code but no separate sentence has been awarded to him under Section 201 of the Indian Penal Code.2. The prosecution case has arisen on the basis of the FIR (Ext. 4) of PW 10 Dharma Paharia, the informant and the son of Deva Paharia, the deceased of this case lodged before Sundar Pahari PS on 16.1.1982 at 14.00 hours regarding the occurrence which is said to have taken place in village Bar Kairo Jori PS Sundar Pahari, District Santhal Paragana in the night between 15th and 16th January, 1982 i.e. at about 12 O'clock...
Dubraj Munda Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jan-24-2003
Reported in: 2003(51)BLJR629
Vishnudeo Narayan, J. 1. This appeal has been directed by the appellant named above against the impugned judgment dated 6-4-2000 passed in Sessions Trial No. 222 of 1993 by Shri S.K. Mishra, Additional Sessions Judge, Seraikella, Singhbhum West whereby and whereunder the appellant was found guilty for the offence under Section 302 of the Indian Penal Code for committing the murder of Bondro Munda, father of the informant, and he was convicted and sentenced to undergo R.I. for life.2. The prosecution case has arisen on the basis of the fardbeyan (Ext.-3) of informant, Goma Munda, son of the deceased recorded on 15-4-1993 at 15.15 hours at village Tola Turidih by S.I. Md. Yusuf of Kuchai P.S. regarding the occurrence which is said to have taken place on 14-4-1993 at 17.00 hours in village Mutugoda Tota Turidih, P.S. - Kuchai, Seraikella, West Singhbhum. The case was instituted on 15-4-1993 at 20.00 hours. Exhibit-2, the formal FIR was received in the Court of Additional Chief Judicial Ma...
Ram Lakhan Prasad and ors. Vs. Malti Devi and ors.
Court: Jharkhand
Decided on: Jan-24-2003
Reported in: [2003(4)JCR135(Jhr)]
M.Y. Eqbal, J.1. The plaintiffs are the appellants. The appeal is against the judgment of reversal. The plaintiffs suit being title suit No. 97/88 for declaration of right title, interest and possession has been decreed by the Munsif, Daltonganj, Palamau.2. The appeal, filed by the defendant respondent being Title Appeal No. 4/92, the appellate Court by the impugned judgment and decree reversed the judgment passed by the Munsif and dismissed the suit and allowed the appeal.3. The aforementioned suit was instituted by the plaintiff in respect of upper half portion of house standing on Khas Mahal plot No. 227 bearing Khas Mahal holding No. 113 situated at Rahat Road, Daltonganj. The undisputed fact is that the suit property was purchased by joint family of which late Babu Brij Bihari Lal and Baveri Lal were members of the family. In the year 1952 a partition suit was instituted which was registered as partition suit No. 45/52 and in the said suit a decree for partition on the basis of co...
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