Jharkhand Court February 2003 Judgments
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Dr. Bimal Kumar Agarwal and Dr. Raja Ram Singh Vs. Rajendra Institute ...
Court: Jharkhand
Decided on: Feb-13-2003
Reported in: [2003(2)JCR50(Jhr)]
S.J. Mukhopadhaya, J.1. The petitioners who were/are posted in Rajendra Medical College and Hospital (R.M.C.H.), the said Medical College was made Autonomous Institute and converted as Rajendra Institute of Medical Sciences (R.I.M.S.) pursuant to Rajendra institute of Medical Science Act, 2002 (Act 10 of 2002) w.e.f. 15th August, 2002. Thereafter, two of the petitioners, namely. Dr. Bimal Kumar Agarwal of W.P. (S) No. 5545 of 2002 and Dr. Raja Ram Singh of W.P. (S) No. 5546 of. 2002 were informed that they will superannuate on completion of 58 years of age w.e.f. 30th September, 2002, vide letter No. 429 and 428 respectively, both dated 28th September, 2002.2. The age of superannuation of officers and employees of R.I.M.S. prescribedas 60 (sixty) years under Rule 14 of the Rajendra Institute of Medical Science Rules, 2002 (Rules 2002). The petitioners being posted in R.I.M.S., Ranchi, said two petitioners have challenged their respective letters of superannuation No. 429 and 428, both ...
Devendra Kumar Budhia Vs. Bihar Foundry and Casting Ltd. and ors.
Court: Jharkhand
Decided on: Feb-13-2003
Reported in: [2003(1)JCR613(Jhr)]; [2004]50SCL729(Jhar)
S.J. Mukhopadhaya, J. 1. This appeal under Section 10F of the Companies Act, 1956 has been preferred by appellant-Devendra Kumar Budhia against the judgment and order dated 3rd September, 1999 passed by the Company Law Board, Calcutta (C.L.B. for short), under Section 186 of the Companies Act, 1956 in Company Application No. 16(186)/ERB/99, communicated vide letter dated 30th September, 1999. 2. The 2nd respondent, Dr. Hari Krishan Budhia was the applicant, who filed a petition under Section 186 of the Companies Act, 1956 seeking directions against 1st respondent, M/s. Bihar Foundry & Castings Limited (hereinafter referred to as 'the Company') to convene an extra-ordinary General Meeting for the purpose of proposed resolution dated 12th March, 1999. Other consequential directions, such as appointment of a Chairman for the purpose of holding and conducting meeting was also sought for. 3. The case of the applicant (2nd respondent) before C.L.B. was that the Company was incorporated on 11...
Dr. Anubha Vidyarthi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-13-2003
Reported in: [2003(2)JCR42(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The State Government issued impugned NotificationNo. 318(4) dated 23rd August, 2002, whereby the petitioner who was posted in Rajendra Institute of Medical Science, Ranchi (R.I.M.S.) was transferred as Medical Officer, Urban Planning Centre, Jamshedpur. Similarly, the 5th Respondent who was posted in Additional Primary Health Centre, Dudhkhundi (West) Singhbhum was transferred and posted in place of petitioner at R.I.M.S., Ranchi by the same Notification dated 23rd August, 2002.2. The question arises whether the State Government can transfer or post an officer/employee from or at R.I.M.S., Ranchi or not.3. Admittedly, the petitioner was posted in P.S.M. Department of Rajendra Medical College and Hospital Ranchi (R.M.C.H.). It was made autonomous and converted as Rajendra Institute of Medical Sciences (R.I.M.S., Ranchi) w.e.f. 15th August, 2002 in pursuance of 'Rajendra Institute of Medical Sciences Act, 2002' (Act 10 of 2002). On the date, the Institute was...
Ram Lal Jamuda and ors. and Motai Jojo and ors. Vs. State of Bihar and ...
Court: Jharkhand
Decided on: Feb-13-2003
Reported in: [2003(2)JCR382(Jhr)]
ORDERTapen Sen, J.1. Heard the parties.2. The writ petitioners are aggrieved with the manner in which their dwellings were demolished by Officers belonging to the department of Forests causing loss and injury to them. The petitioners have stated that apart from destroying their habitats, these officers also took away the household articles belonging to them. They have further stated that they are poor villagers who were subjected to unforeseen miseries at the time when these officers appeared. They suffered mental harassment and torture; so much so that the respondents did not even care to first comply with an earlier order that was passed in CWJC No. 1203 of 1995(R), a copy whereof has been brought on record by Annexure 1 to the Writ Application. In the Counter affidavit filed on behalf of the respondent No. 1, it has inter alia, been contended that the allegations of the petitioners are not true and that the allegations are vague, inasmuch as no details in relation to the Patrolling ...
Kew Construction Private Ltd. Etc. Vs. State of Jharkhand and ors. Etc ...
Court: Jharkhand
Decided on: Feb-13-2003
Reported in: II(2003)BC380; [2003(2)JCR53(Jhr)]
S.J. Mukhopadhaya, J.1. All these cases arise out of a common Notice Inviting Tender (NIT for short) No. 02/2002-03 issued by the Executive Engineer, Suber-narekha Canal Division, Ghatshila. The NIT No. 02/2002-03 was published in newspaper 'PRABHAT KHABAR' on 27th September, 2002 for several earth filling and Check Dam (C.D.) construction works of Chandil left main Canal. The Group No. 1 related to earth filling between 78.598 K.M. to 80.45 k.m. and C.D. construction works at 80.39 k.m. The Group No. 2 for earth filling between 80.45 k.m. to 83.99 k.m. and C.D. works at 81.13 k.m. & 81.55 k.m.The Group No. 3 for earth filling from 83.99 k.m. to 85.17 k.m. and the Group No. 4 for earth filling : 85.33 k.m. to 86.44 k.m.2. All the three writ petitions being confined to aforesaid four Groups, it is not necessary to discuss the rest of the works such as Group Nos. 5, 6 and 7.3. The petitioner Kew Construction Private Limited of WP (C) No. 6871 of 2002submitted tender papers in respect to ...
Hari Ram Bhagat Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Feb-13-2003
Reported in: [2003(2)JCR533(Jhr)]
Lakshman Uraon, J. 1. This criminal appeal is directed against the judgment and order of conviction and sentence dated 17.5.1995 and 19.5.1995 respectively, passed by Sri Ashok Kumar Prasad, learned Sessions Judge, East Singhbhum at Jamshedpur, in Sessions Trial No. 258 of 1993, whereby and whereunder, the appellant has been convicted under Section 304B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and further be has been convicted under Section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years, directing both the sentences to run concurrently. 2. Informant Rengtu Bhagat (PW 7), father of deceased Jasoda Bhagat of village Kallkapur, had given his daughter Jasoda Bhagat in, marriage to this appellant Hari Ram Bhagat of Village-Basila in the year, 1990. Jasoda had given birth to a child who was 11 months old at the time of incident. On 28.4.1993 at about 3.45 p.m. Nagendra Bhagat (PW 5) of Village Basila went to...
Dr. Tulsi Mahto Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-13-2003
Reported in: [2003(2)JCR52(Jhr)]
S.J. Mukhopadhaya, J.1. The petitioner has challenged the gradation list circulated vide letter No. 1/Health-1-41/ 2001, 42(1)/ Health dated 10th January, 2002, whereby and whereunder, the 4th respondent, Dr. Yogendra Nath has been shown senior to petitioner, Dr. Tulsi Mahto, as Associate Professor, Forensic Medicines.Further prayer has been made to set aside the notification dated 19th April, 1988 whereby the 4th respondent was appointed as Assistant Professor, Forensic Medicines.2. The claim of the petitioner for seniority over the 4th respondent is mainly dependent on the issue whether the appointment of the 4th respondent as Assistant Professor made on 19th April, 1988 was legal or not.3. The main plea taken by the petitioner is that the 4th respondent had no three years teaching experience as a Tutor for appointment to the post of Assistant Professor as made in the year 1988.4. The respondents have defended the appointment of the 4th respondent as Assistant Professor which was mad...
Principal Kendriya Vidyalaya Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-13-2003
Reported in: AIR2004Jhar12; [2003(2)JCR206(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. In this case, the main question as raised by the petitioner is whether the District Administration of the State Government in public interest can direct any school. Government or private to close the school or change the school timing or not.2. In the beginning of January 2003, the temperature in and around Chakradharpur having fallen below the normal level due to cold wave and as a number of students and parents were facing inconvenience to go/or to bring the children in the school in the early morning, the Deputy Commissioner, West Singhbhum, Chaibasa issued an order on 10th January, 2003. The gist of the order, in English version, reads as follows :'Taking into consideration the effect of present cold wave, the timing of all Government/non-Government schools for Class-I to V is fixed from 9.00 a.m. to 2.30 p.m. and for Class- VI to higher class from 8.30 a.m. to 2.30 p.m. until further orders.'3. The District Education Officer and District Superintendent...
Bharat Coking Coal Ltd. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-11-2003
Reported in: [2003(2)JCR61(Jhr)]
Tapen Sen, J.1. Heard Mr. M.M. Banerjea, learned counsel for the petitioner and Mr. R.S. Majumdar, learned Government Advocate for the respondents.2. The Writ Petitioner (M/s. Bharat Coking Coal Limited) have prayed for a declaration that the State and its authorities did not have any jurisdiction to put on auction the lease hold areas held by it over Mauja Lohapatti on Plot No. 1, 3290, over an area of 238.09 acres vide Deed No. 26196 dated 2.11.1974 for a period of 20 years. They have further made a prayer that in any view of the matter the respondent No. 6 (District Mining Officer) cannot auction the Sand Ghats in view of the fact that under Rule 70(iv) of the Mineral ConcessionRules, 1960, sand is a major mineral and the same is used for stowing in coal mines. Petitioners have also prayed that the settlement granted to the respondent No. 7 be quashed, but during the course of arguments, Mr. M.M. Banerjea, learned counsel for the petitioner abandons this prayer saying that this pray...
Geja Munda Vs. State of Jharkhand
Court: Jharkhand
Decided on: Feb-11-2003
Reported in: [2003(2)JCR516(Jhr)]
ORDER1. This criminal Appeal has been directed by the sole appellant named above against the impugned judgment dated 23.03.1996 passed in S.T. No. 537 of 1990 by Shri Amod Prasad Ram, Additional Sessions Judge, Saraikella whereby and whereunder the appellant was found guilty for the offence punishable under Section 302 of the Indian Penal Code for committing the murder of Moira Dom and he was convicted and sentenced to undergo R.I. for life. 2. The prosecution case has arisen on the basis of the fardbeyan of P.W. 1, Raukan Munda, the informant recorded by S.I. Ram Padarath Singh of Kuchai P.S. on 22.01.1990 at 11.15 hours at village Gutuhatu regarding the occurrence which is said to have taken place on 21.01.1990 between the sunset and 20.30 hours in the Khalihan of the informant situate in village Gutuhatu, P.S. Kuchai, District Singhbhum. The case was instituted against the appellant on 22.01.1990 at 17.30 hours against unknown accused person and the FIR has been received in the Cour...
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