Jharkhand Court October 2003 Judgments
Anil Kumar Jha Vs. Bihar State Electricity Board and ors.
Court: Jharkhand
Decided on: Oct-15-2003
Reported in: [2004(1)JCR122(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the parties.2. The petitioner has prayed for quashing the order dated 2.3.2000 issued by the respondents awarding punishment of stoppage of two increments with cumulative effect, debarring from promotion for one year and also withholding payment of salary other than subsistence allowance.3. The petitioner while posted as Operator in the Patratu Thermal Power Station was put under suspension in the year 1995 for certain omission and commission in the discharge of his duties. A charge-sheet was issued and a departmental proceeding was initiated against the petitioner and other employees in terms of the certified standing order. The Superintending Engineer, Patratu Thermal Power Station was appointed as Inquiry Officer. The Inquiry Officer after considering the entire facts of the case and the evidence both oral and documentary adduced by the parties came to the conclusion that the charges levelled against the petitioner and others have not been established. Ho...
Tag this Judgment!Ram Kumar Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-15-2003
Reported in: AIR2004Jhar38; [2004(1)JCR104(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the counsel for the parties.2. The petitioner has moved this Court against the arbitrary action of the Sub-Registrar, Ranchi before whom a document in the shape of sale deed was presented for registration but the Sub-Registrar retained the document without admitting the execution and registration of the document.3. On 18.9.2003 this matter was heard and following order was passed :'Put up this case on 14.10.2003 to enable the respondents to file counter affidavit. The Sub-Registrar shall personally swear the affidavit and state as to under what authority of law he has refused to register the deed presented by the petitioner. The Registrar shall also produce all the sale deeds executed and registered on 30.7.2003 by his subregistry in respect of the properties situated within the district of Ranchi.'4. In the counter affidavit filed by the Sub-Registrar it is stated that the document pertaining to sale was presented by the petitioner on 30,7.2003 but the same...
Tag this Judgment!Phiroz Nariman Kutar and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-15-2003
Reported in: 2004(52)BLJR70; [2004(1)JCR314(Jhr)]
P.K. Balasubramanyan, C.J.1. The petitioners have approached this Court praying for a writ of certiorari to quash the order dated 21.2.2003, marked as Annexure-10, passed by the Deputy Commissioner. East Singhbhum, Jamshedpur on the basis of the direction issued by this Court to pass a speaking order in WP (C) No. 88 of 2002. By that order, the Deputy Commissioner has restrained the petitioners from continuing the construction of a new building in place of the old building situated in Holding Nos. 9 and 10. Earlier, the Deputy Commissioner had directed the stopping of the construction by notice dated 17.4.2002. It was then that the writ petitioners filed the writ petition, W.P. (c) No. 88 of 2002 questioning that notice and this Court directed that the petitioners be heard and an order passed. It was thereafter that the present order impugned was passed by the Deputy Commissioner.2. The property was a part of the property that was held by the Tata Iron and Steel Company Limited (TISCO)...
Tag this Judgment!Hindustan Malleables and Forgings Ltd. Vs. Union of India (Uoi) and an ...
Court: Jharkhand
Decided on: Oct-15-2003
Reported in: AIR2004Jhar132; III(2004)BC417; 2004(52)BLJR569; [2004(1)JCR529(Jhr)]; [2004]52SCL1(Jhar)
ORDER1. Heard learned counsel on both sides in great detail.2. It is really a dispute between a Banker and its customer. The writ petitioner had a credit facility with the second respondent Bank. According to the petitioner, the Directors of the petitioner Company have been replaced in its Extraordinary General Meeting. The Bank was apparently not informed of the proposed change. Bona fides of the action being suspected by the Bank, the bank called for additional security and also for furnishing a fresh bank guarantee to secure its loan and it was in that situation, thereafter petitioner has come to this Court, essentially complaining that if the banking transactions are abruptly stopped by the bank, the petitioner will suffer and that would benefit neither of the parties.3. On the petitioner assuring that immediately after the Durga Puja, it will elect the Managing Director or appoint the Managing Director and the Managing Director as well as the members of his family would provide th...
Tag this Judgment!Bharat Coking Coal Ltd. Vs. Krishna Transport Company
Court: Jharkhand
Decided on: Oct-14-2003
Reported in: [2003(4)JCR601(Jhr)]
ORDERGurusharan Sharma, J.1. Heard the parties. In terms of Clause 24 of the Terms and Conditions of N.I.T. dated 14.12.1991, the dispute raised by the respondent-contractor of sand transportation contract for the years 1989-90 and 1990-91 was referred to arbitration and the arbitrator gave award dated 2nd September, 1992, whereby for the years 1989-90 and 1990-91, escalation in the rate for sand transportation over the rate of the year 1988- 89 was allowed, respectively to the extent of 7% and 17%. The said award has been made Rule of the Court. I find no reason to interfere with the said part of the award which has been made Rule of the Court.2. In the next part of the award, a lump-sum amount of Rs. 4,38,400/- was calculated to be paid to the respondent-contractor on account of enhancement of rates and on the aforesaid awarded amount future interest @ 13% per annum after three months of the award till the date of payment was allowed. In my view the arbitrator went beyond the terms o...
Tag this Judgment!Sandhya Rani Devi and ors. Vs. Gour Chandra Panda and ors.
Court: Jharkhand
Decided on: Oct-14-2003
Reported in: [2004(1)JCR98(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of Bharat Mahanty, the original petitioner appellant, who has died during the pendency of this appeal, is directed against the impugned judgment and decree dated 4.7.19,89 and 22.11.1989 respectively passed in Land Acquisition Case No. 93(85) of 1985 by Shri H.C. Prasad, 1st Subordinate Judge, Seraikella whereby and whereunder the reference under Section 30 of the Land Acquisition Act (hereinafter referred to as to the said Act) on the basis of the petition of the petitioners-appellant made by the Land Acquisition Authorities for deciding the right title and interest of the original petitioner-appellant is respect of the acquired land for his entitlement to get compensation was dismissed'.3. The State of Bihar (now Jharkhand) had acquired plot Nos. 530, 531, 532, 249, 250 and 251 of Sikmi Khata No. 73 under Khata No. 105 of village Gopalpur, Thana No. 225, PS Nimdih, district Singhbhum (now Seraikella Kharsawan) for Swarnrekha Multipu...
Tag this Judgment!Bholu Mahato and ors. Vs. Putki Devi and anr.
Court: Jharkhand
Decided on: Oct-14-2003
Reported in: [2004(1)JCR93(Jhr)]
Vishnudeo Narayan, J.1. These appeals at the instance of the opposite parties-appellant are directed against the analogus impugned judgment and decree dated 21.7.1990 and 6.8.1990 passed in Land Acquisition Reference Case Nos. 2 of 1990 and 3 of 1990 by Shri B.B. Rai. Land Acquisition Judge, Dhanbad whereby and whereunder the reference under Section 30 of the Land Acquisition Act (hereinafter referred to as the said Act) made by the Land Acquisition Authorities, Dhanbad for deciding the right title and interest of the petitioners-respondent in respect of the acquired land under award Nos. 59(Gh) and 61 in Land Acquisition Case No. 24 of 1984-85 for getting compensation were allowed.2. The State of Bihar (now Jharkhand) had acquired plot Nos. 1, 5, 8, 19, 38. 51 and 194 having in all the area of 5.54 acres appertaining to Khata No. 12 situate in village Sapta PS Baliapur, district Dhanbad for B.C.C.L for rehabilitation of the displaced persons vide Land Acquisition Case No. 24 of 1984-8...
Tag this Judgment!Shiv Mangal Bhagat and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Oct-14-2003
Reported in: [2004(1)JCR695(Jhr)]
Vishnudeo Narayan, J.1. This appeal has been directed by the appellants named above against the impugned judgment and order dated 11.10.1993 and 14.10.1993 respectively passed in Sessions Case No. 50 of 1988/4 of 1991 by Sri Ajay Kumar Srivastava, 2nd Additional Sessions Judge, Godda whereby and whereunder appellant Jai Narayan Bhagat was found guilty for the offence punishable under Sections 326, 323, 148 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for seven years, six months and one year respectively and also to pay a fine of Rs. 5,000/- and in default thereof to undergo rigorous imprisonment for one year and rest of the appellants named above were found guilty for the offense punishable under Sections 326/149, 323 and 147 of the Indian Penal Code and each of them was convicted to undergo rigorous imprisonment for seven years, six months and one year respectively and also to pay a fine of Rs. 1,000/- and a default thereof to undergo ri...
Tag this Judgment!Ghosa Ban Singh and Etc. Vs. State of Bihar
Court: Jharkhand
Decided on: Oct-14-2003
Reported in: 2004CriLJ569; [2005(3)JCR78(Jhr)]
Vishnudeo Narayan, J.1. Both the appeals at the instance of appellant-Ghosaban Singh as well as appellants-Hemant Purti, Maru Basi and Sunil Jamuda are directed against the impugned judgment and order dated 30-6-1997 passed in S.T. No. 434 of 1995 by Sri Tabarak Hussain, 1st Assistant Sessions Judge, Jamshedpur whereby and whereunder all the appellants were found guilty for the offence punishable under Section 376 of the Indian Penal Code and they were convicted and sentenced to undergo rigorous imprisonment for nine years. However, co-accused-Langra Say, Jogen Chaki and Krishna Banra alias Dharu Banra were not found guilty and accordingly, acquitted for the said charge.2. The prosecution case has arisen on the basis of the fardebyan (Exhibit-3) of informant P.W. 1 Fulmani Kunkal, aged about 17 years, the alleged victim of ravishment, recorded by Vijay Kumar Singh O/C Parsudih P.S. on 28-12-1994 at 13.00 hours regarding the occurrence which is said to have taken place on 27-12-1994 at ...
Tag this Judgment!Ashwani Kumar Jha and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Oct-13-2003
Reported in: [2004(1)JCR43(Jhr)]
M.Y. Eqbal, J.1. Head the parties.2. Petitioners seek regularisation of their services. Petitioner No. 1 was appointed on 1.1,1985 as daily wages basis. Petitioner No. 2 was appointed on 1.2.1985 and petitioner No. 3 was appointed on 1.4.1985 on daily wages basis under the respondents. This fact has been categorically admitted in paragraph 6 of the counter affidavit.3. Petitioners case is that sometime in the year 1995 they were regularized in service on temporary basis on regular scale of pay vide office order dated 3.8.1995. A copy of the office order has been annexed as Annexure-2 to the writ application. However, validity of this office order has been disputed by the respondents on the ground that the Superintending Engineer is not the competent authority to regularize the services of the petitioners. Learned counsel for the petitioner submitted that since the date of appointment these petitioners have been continuously working on daily wages basis till date. In paragraph 20 of the...
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