Jharkhand Court February 2003 Judgments
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Lakshman Kumar Verma Vs. State Bank of India and ors.
Court: Jharkhand
Decided on: Feb-05-2003
Reported in: [2003(2)JCR394(Jhr)]
S.J. Mukhopadhaya, J. 1. The petitioner, who was in the services of the State Bank of India (for short 'Bank'), wassuspended on 12th January, 1993, proceeded departmentally, and having found guilty, was removed from the services of the Bank by order No. Vig/GEN/958 dated 21st March, 1997.2. The petitioner when prayed for terminal benefits, including pension, it was rejected vide order No. PPG/AMR/584 dated 8th March, 1999 issued by the Assistant General Manager, PPG Department, State Bank of India, Patna.To determine the case, it is desirable to quote the ground as mentioned in the order of rejection dated 8th March, 1999, which reads as follows :'STATE BANK OF INDIA Sri Lakshman Kumar Verma170/ChaitaliSreekrishnapuri, Patna : I PPG/AMR/584 Date 8.3.1999 Dear Sir, Pension Please refer to your application dated 21.4.1997 for payment of pension. 2. In this connection, we have to advise you that you were removed from the Bank's service on 12.4.1997 and your length of service at the ...
Mukund Kumar Vs. Sail and ors.
Court: Jharkhand
Decided on: Feb-05-2003
Reported in: [2003(2)JCR549(Jhr)]
S.J. Mukhopadhaya, J. 1. The writ petition was preferred by petitioner, Mukund Kumar for issuance of a writ in the nature of certiorari or any other appropriate writ, rule, direction for quashing the letter dated 6th February, 2002 issued by the Senior Executive (Administration) whereby and whereunder the claim of petitioner for change of opinion for the quarters applied on 23rd January, 2001 has been rejected on the ground that the application along with demand draft was received on 28th January, 2002 at 3,00 P.M., beyond the period of filing.The petitioner has made further prayer to quash the order of allotment of Qrts. No. C-115 (GF/900 Sq. Ft.) made in favour of respondent No. 6, Nilesh Sinha.2. The respondent took plea that date of filing of application was extended to 28th January, 2002 and 1.00 P.M. was the time fixed, but it was submitted by the petitioner beyond the period.Counsel for the respondent also submitted that the petitioner had not made the subsequent application for...
Jugal Kishore Singh and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-04-2003
Reported in: [2003(1)JCR615(Jhr)]
Tapen Sen, J.1. Heard the parties. 2. The writ petitioners are aggrieved by the order dated 11.4.1994 passed by the S.D.O.-cum-Collector, Latehar (respondent No. 5) wherein while referring to the provisions of Section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to wherever necessary as the said Act), he observed that 119.93 1/24 acres of land, which was found to be in excess, should be acquired and accordingly directed the records to be sent down to the office of the Deputy Commissioner, Palamau for doing needful. According to the petitioners, the entire proceedings starting from 28.4.1981 are wholly without jurisdiction and consequently they also pray that the said proceedings starting from that day and ending on 11.4.1994 (i.e. Annexure 3) be quashed. 3. The case of the parties is that Chaudhary Lakshmi Singh was recorded as a land holder in respect of land situated in village Darha Gari and Rud, P.S. Balu...
Dipak Agrawala and anr. Vs. Smt. Chandrakal Agarwala and ors.
Court: Jharkhand
Decided on: Feb-04-2003
Reported in: [2003(2)JCR62(Jhr)]
M.Y. Eqbal, J.1. This civil revision application is directed against the order dated 10th July, 2001 passed by Sub-judge Vth, Dhanbad in Title Suit No. 132/2000 whereby he has stayed the further proceeding of the suit in purported exercise of power under Section 10 of the Code of Civil Procedure till the disposal of the probatecase being PLA No. 295/97 pending in the Calcutta High Court.2. Plaintiffs' case is that one Bhag-wati Prasad Agarwalla died on 21.9.1987 leaving behind a will dated 9.7.1987. Late Bhagwati Prasad Agarwalla was the father of Opposite Party Nos. 1, 2 and 4 and grand father of the petitioners and Opposite Party No. 3. The Opposite Party No. 5, Arun Kumar Jhunjhunwala, who is alleged to be the executor of the said will, made an application in the High Court, Calcutta in December, 1997 for grant of probate of the said will being PLA No, 295/97. Petitioners' case is that they along with the Opposite Parties 1, 2 and 3 are the co-parceners of joint Hindu Family governe...
Kedar Nath Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-04-2003
Reported in: [2003(2)JCR65(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ petition the petitioner prays for issuance of writ of mandamus directing the respondents to make payment of arrears of rent in respect of the premises occupied by the respondents.2. Petitioner's case is that the respondents have taken the premises in question on rent where the office of respondent No. 5 namely 'Rural Electric Supply Sub Division' is functioning. It alleged that the Sub Divisional Magistrate fixed the rent at the rate of Rs. 1150/- p.m. and respondent No. 3, Superintending Engineer Daltonganj Electric Supply Circle, recommended for payment of rent. Accordingly rent for the period 10.1.1991 to 31.3.1994 and 1.4.1994 to 31.3.1996 was sanctioned but the same is not being paid inspite of repeated requests and reminders.3. Learned counsel for the petitioner submits that when the rent has been sanctioned and there is no dispute regarding the quantum of rent payable to the petitioner, there is no bar in issuing appropriate direction for payme...
Rama Rai Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-04-2003
Reported in: [2003(2)JCR133(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. Mukesh Kumar, learned counsel for the Petitioner, Mr. Ashok Kumar Jha, learned counsel for the Respondent No. 5 and Mr. Aniket Kumar, JC to SC-I.2. The Petitioner has filed this Writ Application wherein she has prayed for payment of the balance provident fund, gratuity, pension and other death-cum-retirement benefits on account of the death / of her husband who died on 28.06.1998 while on duty. The Petitioner has also filed an amendment application wherein she has made a prayer that she should also be given compassionate appointment. According to the Petitioner, the respondents were actively considering her case when all of a sudden, Samal Ahmed, son of the first wife (respondent No. 5) and who according to the Petitioner is a divorcee was given appointment without considering the claims of the Petitioner. At paragraph 14 and 21 of the Counter Affidavit of the Respondent No. 2 (Senior Superintendent of Police, Ranchi), sworn by (The Deputy Superintendent ...
Sunil Kumar Das and ors. Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Feb-04-2003
Reported in: [2003(2)JCR548(Jhr)]
ORDERR.K. Merathia, J.1. Heard the learned counsel for the parties.2. Learned counsel for the petitioner states and submits that this case is squarely covered by the judgment/order dated 16.11.1999 passed in CWJC No. 7217 of 1998 (Annexure-6).3. In this case the six petitioners were appointed as Dalpati for one or other Panchayat within the Districts of Sahebganj (including the Rajmahal Sub-division) after 23.08.1993 on approval of the concerned District Panchayat Raj Officer. On the ground that the Bihar Panchayat Raj Act, 1993 came into effect with effect from 23.08.1993 in which there was no provision made for the post of Dalpati, the impugned decision was taken to cancel the appointment of the petitioner. It is undisputed that the present case is squarely covered by the aforesaid judgment dated 16.11.1999 passed in CWJC No. 7217 of 1998.4. In view of the Division Bench judgment reported in 1996 (1) PLJR 261, Basudeo Besra v. Union of India and Ors., the Patna High Court and this Co...
Binod Kumar Vs. Senior Divisional Manager Life Insurance Corporation o ...
Court: Jharkhand
Decided on: Feb-04-2003
Reported in: [2003(4)JCR366(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties.2. The petitioner was appointed as an apprentice on 9.1.96 on a monthly stipend of Rs. 3502/- for a period of nine months starting from 15.1.96 (Annexure-1). He was terminated on 15.4.96 (Annexure-2).3. The petitioner has challenged the order of his termination dated 15.4.96 (Annexure-2) passed by the respondents, which reads as under:--'Dear Sir,Re : Your appointment as Apprentice Development Officer (Rural)This is to inform you that you have been terminated from the post of Apprentice Development Officer of L.I.C. of India on and from 15.4.96 since it was found that your performance and behaviours were not upto om satisfaction and in fact, it was detrimental to the interest of L.I.C. of India.'4. Petitioner has further prayed for quashing the order dated 27.9.96 (Annexure-4) whereby the petitioner was informed that his appeal can not be considered. The said order reads as under:--'Dear Sir,Re : Your Appeal.We regret to inform you that your a...
Sarju Rabidas Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-03-2003
Reported in: 2003(2)ALT(Cri)1; [2003(1)JCR628(Jhr)]
Tapen Sen, J.1. Heard Mr. Mahesh Kumar Sinha, learned counsel for the Petitioner and Mr. Pradip Modi, learned G.P. I for the State-Respondents. No body appears on behalf of the Respondent No. 3, i.e., Bundiya Devi.2. The petitioner in the instant case is aggrieved by the letter dated 22.9.1993 as contained at Annexure 4, by reason whereof the Additional District Magistrate, Dhanbad, directed the General Manager, East Colliery, Katras of M/s Bharat Coking Coal Limited to deduct a sum of Rs. 500/-(Rupees Five Hundred) each month from the salary of the Petitioner and pay the same to the Respondent No. 3.3. From the text of the impugned letter it appears that earlier on 16.3.1993 the Office of the said Additional District Magistrate had sent a letter to the General Manager directing that departmental proceeding be initiated against the petitioner. The impugned letter expresses regret that inspite of such a letter having been sent, no departmental proceeding had been initiated. In the secon...
Jogendra Kaur @ Jogendra Kaur Vs. Kali Prasad @ Kalu Prasad
Court: Jharkhand
Decided on: Feb-03-2003
Reported in: AIR2003Jhar67; [2003(2)JCR149(Jhr)]
M.Y. Eqbal, J. 1. This appeal has been listed for hearing on the preliminary question of maintainability of this Second Appeal 2. I have heard Mr. N.K. Prasad, learned counsel for the appellant.3. This appeal has been filed under Section 100 read with Order XXI, Rule 103 of the C.P.C. challenging the Judgment dated 23.8.2002 passed by 1st Additional District Judge, Jamshedpur in Misc. Appeal No. 3/1984 whereby he has dismissed the appeal and confirmed the order dated 19.11.83 passed by Munsif, Jamshedpur in Misc. Case No. 26/77.4. It appears that respondent No. 1 Kali Prasad filed an application under Order XXI, Rule 99, C.P.C. in Execution Case No. 280/70 for putting him in possession of the house being Holding No. 431 alleging inter alia that he was illegally dispossessed from the said house in consequence of writ of delivery of possession in Execution of a decree. The case of the respondent is that the house in question belonged to one Bhima Gorai respondent no.2 who sold the holdin...
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