Jharkhand Court February 2003 Judgments
Md. Ishaque Mian Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-28-2003
Reported in: 2004CriLJ343; II(2003)DMC99; [2003(2)JCR165(Jhr)]
ORDERDeokinandan Prasad, J. 1. This revision application has been filed against the order dated 8.11,2002 whereby and whereunder the learned Additional Sessions Judge, Giridih rejected the petition under Section 319 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') in Sessions Trial No. 373 of 2000 arising out of Gandey P.S. Case No. 11 of 2000 registered under Sections 304B, 201 and 34 of the Indian Penal Code.2. The prosecution case in brief is that the father of the deceased lodged a first information report alleging therein that the accused Sultan Mian and his mother Lal Bano had killed her daughter in the night of 24.3.2000 at 9.30 p.m. and dropped her dead body into the well. It is alleged that his daughter Noor Bano had, been at her sasural after the marriage solemnized with Sultan Mian, she was subjected to torture. There was a demand of motorcycle and a sum of Rs. 10,000/- and due to non-fulfillment of the demand, his daughter was done to death and her ...
Tag this Judgment!Nawal Kishore Singh and ors. Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Feb-28-2003
Reported in: [2003(2)JCR160(Jhr)]
ORDERTapen Sen, J. 1. In this Writ Application the petitioners have prayed for quashing the orders dated 24.8.1995 dismissing the appeals filed by the petitioners, thereby confirming the order of punishment. The petitioners have also made a prayerifor a direction upon the respondents to reinstate them in service with all consequential benefits.2. The short facts which are necessary to be taken note of are that all the 40 (forty) petitioners herein were employed as Security Guards/Hawildars of the Central Industrial Security Force at Bokaro Steel Plant. According to the petitioners the Commandant, Central Industrial Security Force, Bokaro Steel Plant in exercise of powers conferred under Rule 37(b) issued en-masse order of dismissal against the petitioners without framing any charge and without making any inquiry. This order was issued on 27.6.1979 and were served on 805 persons including the petitioners. The petitioners have stated that none of them acted in any manner which should hav...
Tag this Judgment!Smt. Sushila Upadhyay Vs. B.S.E.B. and ors.
Court: Jharkhand
Decided on: Feb-28-2003
Reported in: [2003(3)JCR73(Jhr)]
ORDERS.J. Mukhopadhya, J.1. The writ petition was preferred by petitioner Nareshwar Upadhyay (since deceased) for direction on the respondents to pay gratuity and rest of the 10% pension.2. During the pendency of the writ petition, petitioner Nareshwar Upadhyay died, his widow Smt. Sushila Upadhyay was substituted in his place as the petitioner.3. It appears that late Nareshwar Upadhyay was in the services of the Bihar State Electricity Board (B.S.E.B.) and retired on 31st July, 1999. After his retirement, he was paid 90% of the pension and other retiral benefits but the gratuity and 10% of the pension were not paid is absence of sanction order.4. Mr. Mihir Jha appearing for the B.S.E.B. submitted that the pension of Late Nareshwar Upadhyay has been finalized vide Order dated 27th April, 2002 (Annexure-13). The Family Pension to which the petitioner widow is entitled has also been mentioned therein.5. The Electrical Executive Engineer, Electric Supply Division, Chatra was paying 90% of...
Tag this Judgment!Mohammad Nazibullah Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-28-2003
Reported in: AIR2004Jhar58; [2003(3)JCR159(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The petitioner was appointed against a class-IV post in Rajendra Medical College and Hospital, Ranchi (now Rajendra Institute of Medical Science-R.I.M.S.). He superannuated from service on 30th November, 2000. The pension of petitioner was fixed on the basis of initial date of appointment by the sanctioning authority and it was forwarded to A.G., Bihar and Jharkhand. On the recommendation of A.G. Bihar and Jharkhand the pension of the petitioner has been reduced and certain amount has been ordered to be recovered/adjusted vide order contained in Annexure-3. Such decision was also informed to the Treasury Officer, Ranchi by letter dated 19th August, 2002 (Annexure-6). 2. According to counsel for A.G. Bihar and Jharkhand, the services of petitioner were taken in the regular establishment on 5th July, 1974. Therefore, the pension and gratuity have been calculated on that basis. 3. Admittedly, there is/was no two establishments in R.M.C.H., Ranchi (now R.I.M.S....
Tag this Judgment!Sunil Kumar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-28-2003
Reported in: [2003(3)JCR155(Jhr)]
ORDER1. Appellant is running a betel shop in a kiosk measuring 6' x 6', situated near Gandhi Seva Sadan on the flank of road at Randhir Verma Chowk of Dhanbad town. According to him, pursuant to advertisement for settlement of land for construction of shop by auction appellant deposited earnest money of Rs. 20,000.00 on 19.9.1996 with Dhanbad Zila Praishad and thereafter auction took place and he being the successful bidder was allotted the land in question and he constructed the shop as per the plan and paid further sum of Rs. 20,000.00 to the Zila Parishad on 11.9.1998. However, neither any agreement was executed nor any amount of rent was accepted therefore.2. By notice dated 31.7.2000 appellant was directed to remove his shop within ten days as it was constructed after encroaching public land.3. The said order/direction was challenged by petitioner/appellant in CWJC No. 2482 of 2000(R), wherein respondents appeared and filed counter affidavit stating, inter alto, that stall/kiosk i...
Tag this Judgment!Binod Kumar Agrawal and anr. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Feb-28-2003
Reported in: [2003(4)JCR728(Jhr)]
ORDERVikramaditya Prasad, J.1. The main issue in this writ is whether provision of Section 88(5) of the Bihar Motor Vehicles Manual has been complied with by the State-respondents. Section 88(5) of the Manual reads as follows :--'Every proposal to enter into an agreement between the States to fix the number of permits which is proposed to be granted or counter signed in respect of each routs or area, shall be published by each of the State Governments concerned in the Official Gazette and in any one of more of the newspapers in regional language circulating in the area or rout proposed to be covered by the agreement together with a notice of the date before which representation in connection therewith may be submitted, and the date not being less than thirty days from the date of publication in the Official Gazette, on which, and the authority by which, and the time and place at which, the proposal and any representation received in connection therewith will be considered.'3. On perusa...
Tag this Judgment!Jagat Nath Mukherjee and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-27-2003
Reported in: [2003(2)JCR217(Jhr)]
Tapen Sen, J.1. The petitioners pray for quashing the order dated 22.8.1984 as contained at Annexure-1 by which the Deputy Commissioner, Hazaribagh resumed the land belonging to the petitioners. The petitioners further pray for issuance of a writ of mandamus commanding the respondents, specially the respondent Nos. 3 and 4, to pass appropriate orders in terms of the order of the Commissioner, Land Reforms passed on 28.2.1990 in L.A. case No. 51 of 1989. The petitioners also pray issuance of a writ of mandamus commanding the respondents to renew the lease of the petitioners and not to interfere with their possession.2. According, to the petitioners, the land in dispute relates to plot Nos. 121. 122. 123 and 124 measuring an area of 3.57 Acres situated on holding No. 121 of Village-Hazari in the District of Hazaribagh. The land is a Khas Mahal Land and it was given as a Building Lease in the year 1918 for a period of 30 years. Thereafter, the lease was renewed for a fresh period of 30 ye...
Tag this Judgment!Rewa Nayak Etc. Etc. and ors. Vs. Jharkhand State Electricity Board an ...
Court: Jharkhand
Decided on: Feb-27-2003
Reported in: [2003(4)JCR362(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The petitioners were in the services of the State Electricity Board. All of them were under the control of the General Manager-cum-Chief Engineer Electric Supply Area, Hazaribagh.2. Petitioner, Rewa Nayak of W.P. (S) No. 170/03 retired on 30th September 1999 i.e. during the period of Bihar State Electricity Board. His grievance is that the respondents have not finalized his pension and gratuity, nor paid the arrears including the arrears of pension from 30th September 1999 to 20th October, 2000. It is stated that the petitioner is getting provisional pension from Hazaribagh.3. So far as petitioner, Deo Nandan Ram of W.P. (S) No. 157 of 2003 is concerned, he retired on 28th February, 2001 as Junior Line Man i.e. after re-organization of the State but before constitution of J.S.E.B.. This petitioner has prayed for full pension and gratuity in the revised scale. He has also claimed for G.P.F., leave encashment, G.S.S. and arrears of salary for the period from ...
Tag this Judgment!Central Coalfields Ltd. and ors. Vs. Smt. Usha Sharma
Court: Jharkhand
Decided on: Feb-27-2003
Reported in: [2004(1)JCR256(Jhr)]
Gurusharan Sharma, J.1. Heard the parties M/s. Ratan Roadways. Jharia. Dis-trict-Dhanbad a transporter entered into a contract with M/s. Central Coalfields Limited (for short CCL) Regional Stores at Kuju for transportation of cement as per letter dated 5.9.1984 issued by the Deputy Chief Engineer (Civil) Kuju Area.2. Smt. Usha Sharma wife of Sri Ram Ratan Sharma claiming to be proprietor of M/s. Ratan Roadways raised dispute regarding calculation of transportation charges by the CCL.3. In the meantime. CCL filed Money Suit No. 24 of 1987 for realization of excess amount to the tune of Rs. 3,80,750/- paid to the transporter.4. On the other hand, on behalf of the transporter an application under Section 20 of the Arbitration Act. 1940. (hereinafter to be referred to as 'the Act') was filed, which was registered as Title Suit No. 118 of 1987 in the Court of the Subordinate Judge. Hazaribagh whereby the aforesaid dispute was referred to arbitration. In the said arbitration proceeding CCL a...
Tag this Judgment!Jay Krishna Roy Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-26-2003
Reported in: 2003(51)BLJR726; [2003(2)JCR168(Jhr)]
ORDERM.Y. Eqbal, J.1. The petitioner to as challenged the order dated 15.9.1995, whereby his application for appointment on compassionate ground has been rejected on the ground that he was minor on the date of death of his father.2. The petitioner's father was working as Headmaster in Primary School, Baddiha. He died in harness on 18.1.1989. Admittedly the petitioner was minor aged 13 years 7 months at the time of death of his father which took place in 1989. The petitioner made an application on compassionate ground, which was refused in terms of the impugned order dated 15.9.1995. The petitioner again filed a review petition, which was also rejected in 1998. However, this writ petition has been filed after 7 years from the date when the application for compassionate appointment was rejected.3. Learned counsel appearing for the petitioner put reliance on the decision of a Single Bench of this Court in the case of Binay Kumar v. J.S.E.B.. reported in 2002 (2) JLJR 405 : 2002 (2) JCR 58...
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