Jharkhand Court April 2003 Judgments
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Mahesh Kumar Saboo Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Apr-29-2003
Reported in: [2003(3)JCR580(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The petitioner while sought for a declaration that he is liable to pay energy bill at the rate of domestic consumption in respect to common area of apartment in question, namely, Vandana Apartment, has also challenged the bill raised by the respondents for the period April, 1999 to4th January, 2001, stated to have been raised by the respondents in respect to common area of apartment in question.2. The Respondent-Jharkhand State Electricity Board (J.S.E.B.) and its officials while accepted that the bill relates to common area of apartment in question, taken plea that the domestic tariff rate is charged in respect to such common area where motor pump is below 1 H.P. Its stand is that the load of water pump if increases more than 1 H.P. then the consumer is to pay tariff as payable by commercial services consumer. It is pleaded that the petitioner is using water pump/motor of 1.5 K.W. which is equivalent to 2 H.P.3. Similar question fell for consideration befo...
Jagarnath Sah Vs. Chairman, Steel Authority of India Ltd. and ors.
Court: Jharkhand
Decided on: Apr-29-2003
Reported in: [2004(1)JCR460(Jhr)]
ORDER1. Heard. The appellant joined the services of Bokaro Steel Plant on 23.7.1973 as Rigged. At the time of joining he filled up the Personal Data Form. In the said form he mentioned his age as 25 years, age of his wife as 20 years and his son as 8 years. On reckoning his age with age of his wife and son, the officer got a doubt about his age. When the appellant was confronted with such doubt, he immediately bracketed his declared age of 25 years and disclosed his age as 30 years, which was accepted and he was allowed to Join. Subsequently, it was found that deliberately the appellant furnished wrong information at the time of his entry in the service. Latter on he realized his mistake and corrected his age as 30 years. According to management of Bokaro Steel Plant, the appellant himself corrected his age at the time of his entry in the service and at the fag end of his service, he was trying to raise the issue regarding his age, which was not permissible. The appellant represented t...
Bihar Co-operative Banks Employees Union Vs. State of Jharkhand and or ...
Court: Jharkhand
Decided on: Apr-29-2003
Reported in: [2004(1)JCR673(Jhr)]
ORDERVikramaditya Prasad, J.1. The point for determination in this writ petition is whether the members of the petitioner, who, are permanent employees of the Daltanganj Central Co-operative Bank Limited and are not being paid their salary right from April, 1998, are entitled to that and in case, they are entitled to that, who is responsible for making payment.2. There is no dispute with regard to their entitlement because till April, 1998, payment of salary have been made to them. The problem arose because of the certain policies of the Government/Bank, by which the substantial loan given by the Bank was waived and consequently, the financial position of the Bank deteriorated so much that there remained no fund for payment of salaries. Such a matter was earlier in consideration in CWJC N6. 3446/1998 (R) before this Court and one of the learned Single Judges has given certain directions contained in paragraph No. 5 of the judgment rendered in this case. Pursuant to that directions, a d...
Abhisekh Srivastava Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-29-2003
Reported in: [2006(4)JCR121(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This application was preferred by petitioner for issuance of a writ of mandamus or any other appropriate writ commanding upon the respondents to provide him option/selection of the discipline in Post-graduate of Medical Science, in accordance with merit list/rank secured in the Post Graduate Medical Admission Test.2. According to petitioner, in pursuance of advertisement for admission in Post Graduate Medical Course, he applied and was provided with admit card with roll No. 510017 and appeared in the examination on 9th Feb. 2003. The result was published on 7th March, 2003 wherein the petitioner was shown to have secured 8th rank in the merit list and was asked to appear for counseling on 15th March, 2003 vide letter dated 8th March, 2003. The petitioner appeared for the counseling on 15th March, 2003 and submitted the residential certificate issued by the Circle Officer but it was not accepted having not issued by the competent authority. The petitioner im...
Soukhi Pasi and anr. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-28-2003
Reported in: [2003(2)JCR624(Jhr)]
Deoki Nandan Prasad, J.1. This appeal is directed against the judgment of conviction dated 7.12.1999 and order of sentence dated 8.12.1999 passed by Shri Vinod Kumar Sinha, 5th Additional Sessions Judge, Giridih in Sessions Trial No. 200 of 1998 whereby and whereunder, the learned 5th Additional Sessions Judge convicted the appellants under Sections 376(g), 323/34 and 341 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for ten years under Section 376(g) of the Indian Penal Code and awarded a fine of Rs. 2000/- and in default to undergo simple imprisonment for three months; three months simple imprisonment under Section 323 of the Indian Penal Code and one month simple imprisonment under Section 341 of the Indian Penal Code. However, all the sentences were ordered to run concurrently. 2. The case of the prosecution in brief is that Anita Devi given her fardbeyan before the Assistant Sub-Inspector of Police on 29.4.1998 stating therein that on 22.4.1998 at 10...
Bishwanath Murmu Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-28-2003
Reported in: [2003(2)JCR733(Jhr)]
Deoki Nandan Prasad, J. 1. This Criminal Appeal is directed against the judgment of conviction of sentence passed by the 2nd Assistant Sessions Judge, Jamshedpur in Sessions Trial No. 273 of 1998 (GR No. 2905 of 1997) registered under Section 376, IPC, whereby and whereunder the learned Court below convicted the appellant and sentenced him to undergo the rigorous imprisonment for 10 years.2. The prosecution case in brief as alleged that Jhano Soren gave fardbeyan before the police alleging therein that she is the sister-in-law (SHALI) of the accused Bishwanath Murmu. The accused came to the house of the informant on 3.11.1997 at about 5 P.M. on the date of Solwai festival and drunk Haria and thereafter he asked the informant and her husband that he may be taken to the Sasural situated at Matku Tola, whereupon the husband of the Informant told him that he is not well and thereafter the Informant agreed to accompany him to his Sasural and both of them left the house and proceeded togethe...
Munshi Mahto Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-28-2003
Reported in: 2003CriLJ4177; [2003(2)JCR731(Jhr)]
Deoki Nandan Prasad, J. 1. This appeal is directed against the judgment of conviction and sentence dated 24.7.2000 passed by Shri Shyam Kishore Sharma, 3rd Additional Sessions Judge, Hazaribagh in Sessions Trial No. 307 of 1998 whereby and whereunder the learned 3rd Additional Sessions Judge convicted the appellant for tile offences under Section 395 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years.2. The prosecution case in brief is that one Damodar Yadav registered a case alleging therein that in the evening when he was returning on a bicycle to his village Bargaddakhurd from Hazaribagh in the way near Paratand More on Hazaribagh-Katkamsandi Road, six miscreants surrounded him and one of the miscreants on the point of pistol snatched Rs. 242/- and also snatched H.M.T. Kanchan wrist watch. It is further alleged that on the same place, the miscreants also snatched away money from the other villagers who were passing through that way. The village...
Mahalakshmi Fibres and Industrial Ltd. Vs. Presiding Officer, Labour C ...
Court: Jharkhand
Decided on: Apr-28-2003
Reported in: [2003(3)JCR31(Jhr)]
Tapen Sen, J.1. Heard Mr. Satish Bak-shi, learned counsel for the petitioner and Mr. Ashwini Kumar Sinha, learned counsel for the respondent No. 2.2. In his writ application, the petitioner has prayed for quashing the order dated 22.8.1997 (Annexure-1) passed by the Presiding Officer, Labour Court, Ranchi in Miscellaneous Case No. 2 of 1992 whereby and whereunder he held that the order of dismissal passed by the Management against the respondent No. 2 is not in conformity with the proviso appended to Section 33(2)(b) of the Industrial Disputes Act, 1947 and accordingly refused to grant approval prayed or by the Management relating to dismissal of the concerned workman. According to the writ petitioner, the learned Court below while passing the impugned order exceeded his jurisdiction under Section 33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to for the sake of brevity as the said Act) inasmuch as he proceeded to enter into the merits of the case and passed an ord...
Shree Bhagwan Ram Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Apr-25-2003
Reported in: [2003(2)JCR627(Jhr)]
Tapen Sen, J.1. Heard Mr. Sumeet Gadodia, learned counsel for the petitioner and Mr. Rupesh Singh JC to SC-I. 2. The petitioner in the instant case has prayed for the following reliefs : (a) For a direction upon the respondents to appoint/absorb/regularize his service on a permanent sanctioned Class-IV Post on which he had worked on Muster Role since 4.10.1985. (b) For a direction upon the respondents to pay him regular salary w.e.f. November 1996 to December 1997 (i.e. is the period during which the petitioner alleges to have worked) and which has not yet been paid to him. 3. The petitioner has further made a prayer through an Amendment Petition that the subsequent order of termination from service dated 26.12.1997 passed by the respondent No. 5 and as contained at Annexure-10 thereto be set aside and quashed. 4. Reference in this case may be made to the Order No. 4 dated 8.3.2000 passed by a Division Bench. It was held that this case appears to be covered by another Division Bench J...
Tata Engineering and Locomotive Co. Ltd. Vs. Presiding Officer, Labour ...
Court: Jharkhand
Decided on: Apr-25-2003
Reported in: [2003(2)JCR634(Jhr)]
Tapen Sen, J. 1.Heard Dr. S.N. Jha learned Senior Advocate for the petitioner and Mr. A.K. Sahani for the respondent No. 2. 2. In this writ application the petitioner has prayed for quashing the Award dated 28.9.1996 (Annexure-14) which was pronounced on 11.11.1996 by the Presiding Officer, Labour Court, Jamshedpur in Reference Case No. 2/92 whereby and whereunder he held that the termination/ discharge of the concerned workman was not justified and accordingly, awarded reinstatement with full back wages and other benefits together with continuity in service. The petitioner has also prayed for quashing the order dated 3.6.1995 (Annexure-11) passed by the said Labour Court holding that the domestic enquiry conducted against the concerned workman was neither justified nor in accordance with the principles of natural Justice. 3. The short facts which are necessary to be taken note of for purposes of adjudication of this case is that the concerned workman was appointed in M/s. Tata Enginee...
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