Jharkhand Court January 2003 Judgments
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The Indian Iron and Steel Co. Ltd. and anr. Vs. Baliapur Coal Depot an ...
Court: Jharkhand
Decided on: Jan-22-2003
Reported in: [2003(2)JCR66(Jhr)]
M.Y. Eqbal, J.1. This appeal at the instance of M/s. Indian Iron and Steel Company Ltd. is directed against the order dated 14.6.1995 passed by Sub-Judge IV. Dhanbad in Title (Arbitration) Suit No. 160/94 whereby he has allowed the application filed by Respondent No. 1 under Section 20 of Arbitration Act, 1940 and directed the General Manager (Sales) of theappellant, Indian Iron and Steel Co. Ltd. to resolve the dispute which has been raised by the respondent as per Clause 23 of the Agreement.2. Mr. A. Sen, learned counsel for the appellant mainly contended that Clause 23 of the Agreement is not Arbitration Clause in as much as it neither speaks for reference of disputes to arbitration nor provides that the dispute, if any, shall be resolved by invoking the Arbitration Clause.3. In order to appreciate the submission of the learned counsel, I would like to quote herein below Clause 23 of the Agreement, which reads as under :--'The decision of General Manager (sales) relating to any disp...
General Manager C.C. Ltd. Vs. Bhim Yadav and ors.
Court: Jharkhand
Decided on: Jan-22-2003
Reported in: II(2003)ACC746; [2003(97)FLR267]; [2003(1)JCR649(Jhr)]
M.Y. Eqbal, J.1. This appeal is directed against the judgment and award dated 30.11.1994 passed by the Commissioner, Workmen Compensation Hazaribagh in WC No. 34/93, whereby he has awarded a sum of 1,05,898.20 as compensation to the claimants on account of death of late Inderjeo Yadav. 2. The facts case lie in a narrow compass. 3. The deceased Inderdeo Yadav was appointed as Home Guard in the District Commandant Bihar Home Guard Battalion, Hazaribagh. Service of some of the home guards including deceased were lien to the CC Ltd. for guarding Explosive Magazine stored at Koihara Rajrappa Project. On the fateful day, there was explosion in one of the Magazine, as a result of which the deceased Inderdeo Yadav died. The respondents who are the claimants filed claim before the Commissioner Workmen Compensation against the appellant CC Ltd. for the grant of compensation. The appellant CC Ltd. contested the said claim stating inter alia that the deceased was home guard, employed by the State ...
Munshi Sao Vs. Khaini Devi and ors.
Court: Jharkhand
Decided on: Jan-22-2003
Reported in: AIR2003Jhar63; [2003(2)JCR22(Jhr)]
M.Y. Eqbal, J.1. This Second Appeal is directed against the judgment and decree dated 5.8.1992 passed by 5th Additional Judicial Commissioner, Ranchi whereby he has dismissed title appeal No. 68/90 and affirmed the judgment and decree passed by Sub-Judge V, Ranchi in Title Suit No. 37/86.2. The plaintiff appellant filed the aforementioned suit for a decree for specific performance of contract. It was alleged by the plaintiff that he entered into an agreement that defendant No. 1 on 14.2.1980 for sale of the suit land and in pursuance of that agreement, the plaintiff paid a sum of Rs. 6,000/- to defendant No. 1. As per the terms of agreement the defendant was required to execute the sale deed in favour of the plaintiff after obtaining permission under Section 46 of the ChotanagpurTenancy Act. It is alleged that when the defendant No. 1 had not shown her readiness to execute the sale deed the lawyer's notice was given in 1986 and thereafter suit was filed.3. The defendant No. 1 who was i...
Dinesh Kumar and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jan-22-2003
Reported in: [2003(2)JCR328(Jhr)]
ORDERD.N. 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 entire criminal proceedings including the order taking cognizance dated 9.5.2000 whereby the learned, Chief Judicial Magistrate, Chatra took cognizance for the offences under Sections 406, 409, 420, 461, 468 and 120B of the Indian Penal Code in connection with Chatra P.S. Case No. 101 of 1995.2. The prosecution case in brief as stated is that a complaint case was filed by opposite party No. 2 alleging therein that Sahara India introduced a scheme, namely, 'Golden Key Scheme' with terms and conditions. Once Kumar Manoj who was posted as Branch worker requested opposite party No. 2 for opening an account in the said scheme. Accordingly, complainant/opposite party No. 2 deposited a sum of Rs. 2,500/- on 30.1.1990 in the said scheme vide Account No. 36361 Code No. 10131 in the name of his mother Yashoda Devi against receipt No. ...
Devendra Nath Manjhi and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-21-2003
Reported in: [2003(1)JCR585(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. D.K. Chak-raverty, learned counsel for the petitioner and Mr. B.S. Lall, learned A.G.G.2. The writ petitioners, in this case are aggrieved by the letter dated 2.5.2001 as contained at Annexure 5/1 and also the subsequent notice dated 7.6.2001 by which it was indicated that House rent and City allowance will be deducted from the salary of petitioners. By an interim order passed by this Court however, the respondents were restrained from making any deductions.3. The petitioner No. 1 is a teacher, working at Jaipur, Kongey Middle School at Kanke and by office order dated 26.9.1998, he was allowed the House rent allowance.4. The petitioner No. 1 has stated at paragraph 7 that the School at Jaipur, Kongey in the Kanke Block, is situated within 5 kms. from the Ranchi Municipal Corporation.5. Similarly the petitioner No. 2 was also getting house rent allowance in pursuance of office order No. 1061 dated 26.9.1998. His School, i.e. the Primary School Garu, Kankey...
imran Ansary Vs. Hajrat Ali Ansari and anr.
Court: Jharkhand
Decided on: Jan-21-2003
Reported in: II(2003)ACC429; 2004ACJ1056; AIR2004Jhar18; [2003(1)JCR542(Jhr)]
ORDER1. Respondent No. 2 despite service is absent. Accordingly, this appeal is being disposed of in his absence. 2. The only question involved in this appeal filed under Section 173 of the Motor Vehicles Act, 1988 (1988 Act for shortO revolves around the issue of the ownership of the vehicle involved in the accident and hence the consequential question of the liability resting upon such owner to pay the compensation amount. This question has assumed significance because of the admitted factual circumstance that the vehicle involved in the accident was not insured. 3. The brief facts of the case are as under : 4. The deceased Zakir Hussain, son of the claimant respondent No. 1 was a student of class II when he was aged about 7 years. On 1,12.1989 while he was playing along with other boys in front of his door by the side of a road, truck bearing registration No. BHM 1314 came from the side of Morradighat and it ran over the deceased resulting in his death on the spot. It was alleged th...
Shank Nath Tiwari and ors. Vs. Raj Nandan Tiwary and ors.
Court: Jharkhand
Decided on: Jan-21-2003
Reported in: [2003(1)JCR624(Jhr)]
M.Y. Eqbal, J. 1. This appeal filed by the plaintiff/appellants under Section 100of the Code of Civil Procedure is directed against the judgment and decree dated 2.9.1991 passed by VIIth Additional District Judge, Palamau in Title Appeal No. 31/85, whereby he has allowed the appeal and reversed the judgment and decree dated 29,3.1985 passed by Sub-Judge Palamau, Daltonganj in Partition Suit No. 31/84 and dismissed the suit. 2. The admitted facts of the case are that the land of Khata No. 30 plot No. 42 measuring an area of 3.58 acres of village Kurainpatra P.S. Leshliganj in the district of Palamau was originally recorded in the last cadastral survey records of right in the name of one Nageshwar Shukla Mentioning therein that one Sheodhari Tiwari was in cultivating possession as under raiyat. A separate darraiyati khata No. 6 was also prepared in respect of this land in the name of Sheodhari Tiwari. The case of the plaintiffs appellants is that the recorded raiyat Nageshwar Shukla surr...
Ram NaraIn Parihast and ors. Vs. Smt. Maheshwari Devi
Court: Jharkhand
Decided on: Jan-21-2003
Reported in: [2003(2)JCR73(Jhr)]
M.Y. Eqbal, J.1. Heard Mr. A.K. Jha, learned counsel for the petitioner and Mr. P.K. Prasad, learned counsel for the opposite parties and with their consent this revision application is disposed of at the admission stage.2. The instant revision application is directed against the judgment dated 27.7.2002 passed by Sub-Judge 8th of Deoghar in Title Suit No. 18/98, whereby he has decreed the suit for possession filed by the plaintiff/opposite party under Section 6 Specific Relief Act.3. The facts of the case lie in a narrow compass.4. The suit property being holding No. 1, ward No. 5 of Deoghar Town belong to Swami Hari Narayananandji and it is recorded in his name in the Government records. The Construction including house, well latrine, boundary wall as well as family deity temple of Lord Vishnu belong to him. Plaintiffs case is that Swami Hari Narayananandji sold major portion of the holding to different purchasers by different sale deeds and the purchasers came in possession of the s...
Chandra Bhushan Paswan Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-21-2003
Reported in: [2003(2)JCR37(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. Heard the counsel for the petitioner. State and Respondent No. 6.2. The petitioner has challenged the Order No. 371 dated 30.12.2002 issued by the Engineering-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Rural Development Department, Jharkhand, Ranchi, whereby the Respondent No. 6, Surendra Prasad Singh had been posted in place of petitioner as Junior Engineer, Ramgarh Works Section II, Hazaribagh and the petitioner has been transferred to Ram Kanda Block against non-works post.3. The grievance of the petitioner is that the respondent No. 6 is being accommodated against works post at Ramgarh for about seven years whereas petitioner, who was all the time posted against non-works post and was given works post vide Order No. 7332 dated 24th October, 2002 has been disturbed just after few months at the instance of respondent No. 6. It is alleged that the respondent No. 6 was transferred from Ramgarh to other places, such as Chatra, Kanke and Loha...
Dr. Sri Krishna Pandey Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-21-2003
Reported in: [2003(2)JCR285(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. M.S. Anwar, learned counsel for the petitioner and Mr. A. Allam, learned counsel for the State of Bihar, Mr. A. Allam, J.C. to G.A. represents the State of Jharkhand.2. Mr. M.S. Anwar, learned counsel for the petitioner submitted that at the timeof filing of the writ petition, he had indicated at paragraph 16 of the writ petition that the petitioner had to retire in the month of February, 2002, meaning thereby from the State of Jharkhand. He has further submitted that the college where the petitioner was working was an affiliated college of the University but it is aided by the Government. Mr. M.S. Anwar also submits that after superannuation, he has received only the Provident Fund amount and a portion of the Gratuity. He submits that he is entitled to the difference of salary on the post of Reader with effect from 1.2.1985 to 28.2.1999 and from 14.6.1999 till the date of retirement i.e. 28.2.2002 in the scale of University Professor. According to the le...
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