Jharkhand Court December 2003 Judgments
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Dharam Gope @ Dharam Mahto and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Dec-15-2003
Reported in: [2004(1)JCR365(Jhr)]
R.K. Merathia, J.1. Heard.2. The petitioner has prayed for quashing the order dated 14/15.10.1996, passed by the Land Reforms Deputy Collector (respondent No. 2) in case No. 14/75-76/13/78-79, directing the petitioners to execute an order of pre-emption, passed under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act).3. According to the petitioner, the application of respondent No. 3 under Section 16(3) of the Act, was allowed by order dated 17.10.1978. The appeal preferred by the petitioners was rejected on 23.9.1981. Thereafter, respondent No. 3 kept mum for several years and did not take any step for execution of the said order of pre-emption, ' granted in his favour. After more than 15 years, on 23.1.1996, respondent No. 3 made an application before respondent No. 2 praying for execution and registration of the sale-deed on the basis of the said order dated 17.10.1978. Petitioners objected ...
Steel Authority of India Ltd. Vs. Gaurishankar Tiwary and anr.
Court: Jharkhand
Decided on: Dec-15-2003
Reported in: [2004(2)JCR486(Jhr)]
ORDER1. Gaurishankar Tiwary, the respondent No. 1 was appointed in December, 1972 and was posted in Quality Control Department of the Bokaro Steel Plant. In June. 1977 he was promoted to the next higher scale and with effect from 16.12.1980 was given P-7 scale. In May, 1982 he claimed to have acquired a professional qualification of Associate Member of the Institute of Chemist (India). In the year 1984 he as transferred to Refractory Raw Material Plant and on 24.3.1988 was promoted to P-8 scale.2. Under the circular dated 27.12.1982/4.1.1983 the respondent No. 1 was qualified for promotion from non-executive to executive post in E-1 grade. He was exempted from the pre-selection training course, prescribed for promotion from non-executive to executive, in E-1 grade. However, his case was not considered for promotion to the post of Assistant Divisional Engineer (Chemical and Refractory) in E-1 grade. He filed a representation on 10.11.1983. Thereafter he submitted second representation o...
State of Bihar (Now Jharkhand) Vs. Rajib Mondal and ors. Etc. Etc.
Court: Jharkhand
Decided on: Dec-12-2003
Reported in: [2004(2)JCR330(Jhr)]
Vishnudeo Narayan, J.1. These appeals at the Instance of the appellant State of Bihar (now Jharkhand) have been preferred against the Impugned Judgment and award dated 26.05.1989 and 02.06.1989 respectively passed in Land Acquisition Reference Case Nos. 311 of 1985, 326 of 1985, 338 of 1985, 340 of 1985. 341 of 1985, 347 of 1985, 348 of 1985, 351 of 1985, 352 of 1985, 353 of 1985, 354 of 1985, 357 of 1985, 358 of 1985, 359 of 1985, 362 of 1985, 364 of 1985, 365 of 1985, 366 of 1985, 368 of 1985, 370 of 1985, 372 of 1985, 373 of 1985, 380 of 1985, 383 of 1985, 384 of 1985, 393 of 1985, 394 of 1985, 401 of 1985, 404 of 1985, 405 of 1985, 407 of 1985, 411 of 1985, 420 of 1985, 421 of 1985, 429 of 1985, 435 of 1985, 437 of 1985, 438 of 1985, 441 of 1985, 442 of 1985, 444 of 1985, 445 of 1985, 446 of 1985, 447 of 1985, 449 of 1985, 453 of 1985, 458 of 1985, 460 of 1985, 468 of 1985, 469 of 1985, 470 of 1985, 472 of 1985, 473 of 1985, 475 of 1985, 476 of 1985, 477 of 1985, 478 of 1985, 479 o...
Bokaro Ispat Operative Sangh Vs. Steel Authority of India Ltd. and ors ...
Court: Jharkhand
Decided on: Dec-12-2003
Reported in: [2004(1)JCR396(Jhr)]
ORDERR.K. Merathia, J.1. Heard Mr. Sumeet Gadodia, learned counsel for the petitioner and Mr. G. M. Mishra, learned counsel for the respondents.2. Learned, counsel for the petitioner submitted that the petitioner is a Registered Trade Union and this case relates to the Senior Operative Trainee/Senior Trainee of the first to 35th batch trained between 1970-1988, The reference to the 'petitioner', in this case will mean the said members of the petitioner.3. As submitted by learned counsel for the petitioner, the main question involved in this writ petition is whether the period of 1 and 1/2 years, during which the petitioner worked as a Senior Trainee, is to be counted and/or considered for the purpose of his seniority/promotion?4. The stand of the petitioner is that they were appointed as trainee and were governed by the Service Rules, as per the appointment letter issued to them. Though the appointment letter stipulated about the application of the Service Rules but without any basis, ...
Bhikhu Lal Giri Vs. Smt. Uma Devi and anr.
Court: Jharkhand
Decided on: Dec-12-2003
Reported in: [2004(1)JCR706(Jhr)]
Vikramaditya Prasad, J.1. This revision is directed against the order dated 18.7.2001 made by Sri A.K. Dutta Principal Judge, Family Court, Hazaribagh in T.R. No. 301 of 2001 whereby and whereunder he directed the petitioner to pay a sum of Rs. 61,200/- (Rupees Sixty-one thousand two hundred) towards arrears of maintenance falling due since June 1984 to June 2001 @ Rs. 300 per month and directed to the General Manager, CCL Tarmu Collierty to deduct Rs. 61,200/- from the savings of the petitioner and deposit the same in the Court through Cheque in favour of Opposite party No. 1 Smt. Uma Devi.2. The aforesaid order arose out of the fact that the respondent Uma Devi had preferred an application under Section 125 of the Cr PC bearing T.R. No. 1038 of 1985 before the Chief Judicial Magistrate, Hazaribagh and the Chief Judicial Magistrate after considering the pleading and evidence by way of depositions on record rejected her application. There after Smt. Uma Devi preferred a Criminal Revisi...
Neelam Sharma Smt. Vs. Tata Engineering and Locomotive Company Ltd. an ...
Court: Jharkhand
Decided on: Dec-12-2003
Reported in: III(2004)ACC650; [2004(3)JCR138(Jhr)]
ORDER1. Heard the parties. Admittedly, Basant Kumar Sharma, aged about .48 years, died in a motor accident on 14.4.1994. He was dashed by a Tata Chesis, bearing registration No. BHR-16/3147/B/94, while he was going on his Luna Moped. In the proceeding, initiated under Section 166 of the Motor Vehicles Act, 1988, at the instance of his widow and minor children, the Motor Vehicle Accident Claims Tribunal, Jamshedpur considered the evidence on record and accordingly assessed the annual dependency at Rs. 36,000/-. It was also found that at the time of final decision in the said compensation Case No. 96 of 1994, his widow had started earning and she had her personal income and, therefore, the Tribunal applied multiplier of 9 and calculated a sum of Rs. 3,24,000/-, payable as compensation, to the claimants under the Act.2. In calculation of compensation under the Act, the Tribunal was to assess basically the loss of dependency, sustained by the legal representatives of the deceased and even ...
Bishnu Dayal Gupta and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Dec-12-2003
Reported in: IV(2004)BC84
Lakshman Uraon, J.1. The petitioners have filed this application under Section 482, Cr.P.C. praying for issuance of appropriate order/direction for quashing the judgment dated 19.5.2003, passed in Cr. Revision No. 41/2002 by Mr. Satya Prakash, 2nd Additional Judicial Commissioner-cum-Special Judge-I, CBI (AHD Scam). Ranchi, whereby and whereunder, he dismissed the revision application which was preferred against the order dated 19.3.2002, passed by Mr. P. Kumar, J.M. 1st Class in Complaint Case No. 46/1999 and further to set aside the order dated 19.3.2002, passed by Mr. P. Kumar in Complaint Case No. 46/1999. The petitioners had earlier preferred a criminal writ application for quashing the criminal proceeding in relation to the Complaint Case No. 46/1959. The said application being Writ Petition (Cr.) No. 169/2001 has been disposed of by order dated 20.12.2001.2. The complainant O.P. No. 2 Pawan Kumar Gupta has stated in Complaint Case No. 46/1999 that he owned and managed a business...
State of Bihar (Now Jharkhand) and ors. Vs. Ranawati Singh and ors.
Court: Jharkhand
Decided on: Dec-10-2003
Reported in: [2004(1)JCR587(Jhr)]
Vishnudeo Narayan, J.1. These appeals at the instance of the appellant-State of Bihar (now Jharkhand) have been preferred against the impugned judgment dated 08.06.1984 and the award dated 19.06.1984 passed in the Land Acquisition Reference Case No. 6 of 1983, 21 of 1983, 15 of 1983, 24 of 1983, 10 of 1983, 16 of 1983, 18 of 1983, 19 of 1983, 20 of 1983, 12 of 1983, 11 of 1983 and 7 of 1983 by Shri Uma Shankar Prasad, Land Acquisition Judge, Hazaribagh whereby and whereunder the Reference under Section 18 of the Land Acquisition Act (hereinafter referred to as the said Act) made by the respondents for determining the quantum of compensation for the land in acquisition was allowed and compensation was determined at the flat rate of Rs. 2000/- per decimal and besides that the respondents were also allowed additional compensation @ 15% per annum and interest @ 6% on the enhanced amount of compensation. However, on the petition dated 22.07.1988 of the respondents the judgment dated 08.06.1...
Parash Nath Sharma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-10-2003
Reported in: [2004(3)JCR210(Jhr)]
1. This writ petition is filed by a parent of two students studying in D.A.V. High School, Dhanbad. The petitioner has approached this Court praying for a declaration that the school is not a minority institution entitled to protection under Article 30(1) of the Constitution of India, for a direction to the State Government to take over the management of the school and for the appointment of ail independent Committee to look into the affairs of the institution and to suggest remedial measures. The writ petition is filed in the back ground of the disputes between the groups represented by respondents 7 and 9 on the one hand and 8 and 10 on the other. The respective sets of respondents claim to be the true representatives of the Managing Committee of the educational institution. According to the petitioner internecine quarrels have reached such a proportion that even proper classes are not being held for the students and the students are being exploited. Two sets of teachers are being ap...
Mahto Automobiles Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Dec-09-2003
Reported in: AIR2004Jhar105; 2004(52)BLJR557; 2004(1)CTLJ519(Jhar); [2004(1)JCR562(Jhr)]
ORDER1. This appeal has been filed by the petitioner in W.P. (C) No. 3521 of 2003. The appellant filed the writ petition challenging the award of a contract to respondent No. 7 pursuant to the tender notice issued on 20.8.2002. Pursuant to the tender notification a number of tenders were submitted. On 16.9.2002, the bids were evaluated and it was found that 40 tenderers were technically qualified. But it is seen that a number of tenderers had not produced certain documents which were considered by the Technical Evaluation Committee to be necessary. It was therefore decided to give an opportunity to all of them to produce those documents. Forty letters were prepared for dispatch calling upon the technically qualified tenderers to submit those documents. The documents were to be submitted before 31.3.2003. Due to some error in the department, the letters were dispatched only on 31.3.2003 calling for submission of the relevant documents by 31.3.2003. Obviously, the letters were not receiv...
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