Jharkhand Court April 2003 Judgments
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Awadesh Kumar Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-18-2003
Reported in: [2003(2)JCR660(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The matter relates to payment of provident fund in favour of petitioner, During service period, he was posted at Dhanbad, Palamau and Sheohar (Sitamarhi). After retirement of petitioner, he was paid a sum of Rs. 1,88,084/-. The petitioner initially claimed that he has hot been paid the provident fund amount for the period he was posted at Sheohar (Sitamarhi) and Dhanbad. 2. Counsel for the State of Jharkhand on receipt of instruction, informed that no document is available in the office of S.P., Dhanbad relating to deduction of provident fund for the period 1959-66. Counsel for the State was also not in a position to assess whether the provident fund amount deducted while petitioner was posted at Sheohar (Sitamarhi) has been paid in favour of petitioner or not. 3. To sort out the matter, all the three district provident fund Officers, Sitamarhi, Palamau and Dhanbad were directed to remain present. They appeared on 7th March, 2003, filed their respective aff...
Sabir Ansari Vs. Ranchi University and ors.
Court: Jharkhand
Decided on: Apr-18-2003
Reported in: [2004(1)JCR671(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. In pursuance of Court's order an affidavit has been filed on behalf of the Secretary, Higher Education, Govt. of Jharkhand, Ranchi wherein following statement has been made.'That the deponent personally appeared before this Hon'ble Court on 17.4.2003 along with a list of teaching and non- teaching employees in respect to all 12 newly converted constituent Colleges (4th phase) falling under Ranchi University, Vinoba Bhave University and Sindhu Kanhu University which are as follows:-- 1. A.B.M. College, Jamshedpur.2. B.N. Jalan College, Sisai.3. K.C.B. College, Bero.4. Mandar College, Mandar.5. P.P.K. College, Bundu.6. S.S.J.N. College, Garhwa.7. A.C. Rajdhwnwar.8. Chas College, Chas.9. R.K Mahila College, Giridih.10. Markham College of Commerce, Hazaribagh.11. Millat College, Parsa and12. B.S.K. Barharwa. That I say that the list of teaching and non-teaching employees have been prepared under the following categories-- I Such teaching and non-teaching employ...
Ramakrishna Math Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-17-2003
Reported in: [2003(2)JCR672(Jhr)]
P.K. Balasubramanyan, C.J.1. An application under Section 7 of the Charitable and Religious Trusts Act, 1920 read with Section 34 of the Indian Trust Act was filed by Swami Prajanananda praying for an order transferring the assets and properties belonging to Ramakrishna Vivekanand Ashram, Ghatshila in favour of Ramakrishna Math, Belur, Howrah, West Bengal and for vesting of all the properties in Ramakrishna Math, Belur to be utilized for the objects and purposes as decided by the trustees of Ramakrishna Math, Belur as they think best and proper without any condition, restriction, obligation or charge and on such transfer, the trust created by one Sushila Bala Ghosh be dissolved and the applicant, alleged to be the sole trustee of Ramakrishna Vivekanand Ashram, be discharged free from all acts, duties and obligations under the deed of trust executed by Sushila Bala Ghosh and to pass other appropriate orders as deemed fit. The District Judge, East Singhbhum at Jam-shedpur by order dated ...
Shyam Kant Kartikey Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-17-2003
Reported in: [2003(2)JCR656(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The petitioner has challenged the charge-sheet initiated vide Memo No. 1629 dated 15th March, 2000 and a notice dated 4th May, 2001 issued by Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Government of Dinar, Patna whereby he was asked to second show cause why he be not punished, the charge Nos. 1, 2, 4, 5, 6, and 7 having found proved against him.2. This case has been preferred by petitioner with his address at Bokaro and the pleading so made as if the petitioner is posted in the territory of Jharkhand and all the cause of action taken place in the State of Jharkhand, but the penal order has been passed by the State of Bihar.3. This Court vide interim order dated 28th May, 2001 directed the Engineer-in-Chicf-cum-Additional Commissioner-cum-Speeial Secretaiy, Road Construction Department, Government of Bihar, Patna not to pass final order in pursuance of the departmental proceedings in question. Later on,...
National Insurance Company Ltd. Vs. Anupama Nilam Tigga and ors.
Court: Jharkhand
Decided on: Apr-17-2003
Reported in: [2003(3)JCR600(Jhr)]
ORDER1. The Insurance Company has filed this appeal challenging the award dated 27.8.2001, passed by Motor Vehicle Accident Claims Tribunal, Ranchi, in Compensation Case No. 48 of 1992, whereby sum of Rs. 1,53,608/- with interest @ 9% per annum was directed to be paid to the injured-claimant as compensation under the Motor Vehicles Act, 1988.2. Mr. Ghose, counsel for the appellant submitted that the Tribunal committed an error in calculating the quantum of compensation without first deciding the nature and extent of injury suffered by the injured claimant. Further the Tribunal granted a sura of Rs. 1,00,000/-, besides a sum of Rs. 53,608/- towards medical expenditure, for loss of amenities of life and expectation of life, inconvenience, hardship, frustration and mental agony which the claimant has to face in her life on account of the said accident, which was not appropriate.3. We find that it was established that due to the said accident her one leg became 1' shorter. She was a studen...
Manohar Lal JaIn Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-16-2003
Reported in: [2003(2)JCR701(Jhr)]
ORDERTapen Sen, J.1. In this writ application, the petitioner has prayed for quashing the order dated 8.3.1999 (Annexure-8) passed by the respondent No. 3 (Divisional Forest Officer-cum-Magistrate, Giridih Forest Division, Giridih) in B.P.L.E. Case No. 73 of 1997, whereby and whereunder he held that Plot No. 248 of the Madhuban Notified and Demarcated Forest Land was a public land and accordingly directed the encroachments to be removed within fifteen days. The petitioner is further aggrieved by the order dated 4.11.2000 (Annexure-10) passed by the respondent No. 2 of (Deputy Commissioner, Giridih) in B.P.L.E. Appeal No. 3 of 1999/13 of 1999, whereby and whereunder although he held that possession had been granted to the petitioner by the Civil Court, yet he directed that the parties should approach the competent authority to resolve the matter in relation to possession granted by the Civil Court on the plot in question. He further directed the petitioners not to carry out any non-fore...
District and Sessions Judge, F.T.C.ii Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-16-2003
Reported in: [2003(2)JCR667(Jhr)]
ORDERAmareshwar Sahay, J.1. This case has come by way of reference under Section 395 of the Code of Criminal Procedure, which has been referred by the Additional Sessions Judge, F.T.C. II Bermo at Tenughat for deciding the question that as to whether the said Court can proceed after framing of the charge against the accused and try the case inspite of the fact that the record shows that place of occurrence is within the local limits of District and Sessions Judge, Hazaribagh. 2. From the order dated 20th February, 2003 passed by the Addl. Sessions Judge in S.T. No. 332 of 2002 it appears that the records of sessions trial was received before the Sessions Judge Bokaro for conducting the trial against the accused, Kalimuddin Khan for committing the offence under Sections 376/511 of the Indian Penal Code, after the said case was committed by the A.C.J.M. Bermo at Tenughat. The learned Additional Sessions; Judge by his order dated transferred the said Sessions Trial to the Court of Addl. S...
Varun Kumar Sharma @ Varun Sharma Vs. the State of Bihar (Now Jharkhan ...
Court: Jharkhand
Decided on: Apr-16-2003
Reported in: 2003(51)BLJR821
Lakshman Uraon, J.1. This Criminal Appeal is directed against the judgment and order f conviction and sentence dated 25-8-1994 and 7-9-1994, passed by the learned 2nd Additional Judicial Commissioner, Ranchi, in Sessions Trail No. 351 of 1988/22 of 1991, conviction the appellant under Section 302/109 of the Indian Penal Code and sentencing him to undergo imprisonment for life and further convicting him under Section 307/109 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for five years, with a direction to run both the sentences concurrently.2. The prosecution case, as per the fardbeyan of the informant Ghulshan Lal Ajmani (P.W. 6), is that on 8-1-1988 he was at his home at Church Road, Lower Bazar, Ranchi, at 11.00 a.m. At that time, in his Car hearing Registration No. WMP 4253, Satyendra Mallik, Principal of Marwari Morning School, come to him and informed that Bishwanath the Narsaria alias Bisu (P.W. 1) was confined at Kunjlal Street by appellant Varun S...
Naresh Jha and ors. Vs. Rakesh Kumar Jha
Court: Jharkhand
Decided on: Apr-16-2003
Reported in: AIR2004Jhar2; 2003(51)BLJR1239; [2003(3)JCR339(Jhr)]
ORDERM.Y. Eqbal, J.1. This appeal by the defendant is against the judgment passed by the appellate Court affirming the judgment of the trial Court.2. One of the substantial questions raised by Mr. Debi Pd., learned Senior Counsel for the defendant-appellant is that the Court below has committed grave error of law in holding that both the plaintiff and the defendant will get half share in he suit property. The substantial question of law which the learned counsel seeks to frame is that since original owner died leaving behind his widow and two sons, the share of the widow will be inherited by her own son and not by the step son. Both the Courts below have come to a finding that the plaintiff and the defendant will get half share 'in the suit property.3. The recorded tenant Janardhan Jha had two wives. From first wife Chakradhar Jha was the son and from the second wife another son was Kedar Jha who died in. 1968 leaving behind his widow who is plaintiff No. 1 and Kedar Jha is defendant N...
Life Insurance Corporation of India and anr. Vs. Mohammad Khurshid
Court: Jharkhand
Decided on: Apr-16-2003
Reported in: [2003(3)JCR68(Jhr)]
Amareshwar Sahay, J.1. This Letters Patent Appeal is directed against the judgment dated 6.9.2002, passed in CWJC No. 2534 of 1999 (R), whereby the learned Single Judge has allowed the writ application and has set aside the order of termination of the writ petitioner from the post of Apprentice Development Officer, Life Insurance Corporation of India, contained in Annexure-6 to the writ application and also directed the respondent-Life Insurance Corporation of India of consider the case of the writ petitioner for his appointment on the post of Probationary Development Officer.2. The brief facts are that the sole respondent, namely, Mohammad Khurshid, filed CWJC No. 2534 of 1999 (R), before this Court, stating, inter alia, that pursuant to the advertisement, he applied for recruitment to the post of Apprentice Development Officer. After qualifying in the written test and the interview he was selected for being appointed to the said post and accordingly letter dated 30.11.1992 issued und...
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