Jharkhand Court May 2003 Judgments
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Ravi Shankar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-09-2003
Reported in: [2003(3)JCR505(Jhr)]
ORDERS.J. Mukhopadhaya, J. 1. The petitioner has prayed for direction on respondents to delete the endorsement made by respondents in the provisional certificate and Character Certificate and shown pendency of a CBI case against the petitioner. 2. The brief facts of the case is that the petitioner appeared in the Combined Engineering Entrance Examination 1996 and was declared successful. After counseling held on 12th August, 1996, the petitioner having opted for RIT, Jamshedpur (Now known as NIT), was admitted in the said college in the first year engineering course. 3. In the meantime a number of writ petitions being CWJC No. 7666/1996 and others were preferred by one Pramod Kumar Dukania and others before the Patna High Court for cancellation of results of the Combined Engineering Entrance Examination, 1996 on the ground of use of unfair means and manipulation of answer-sheets. It was pleaded that candidates having good academic records though did fairly well were not selected becaus...
Md. Siraj Mistri Vs. Mazahrul Haque and anr.
Court: Jharkhand
Decided on: May-09-2003
Reported in: 2003(2)BLJR1599; [2003(3)JCR545(Jhr)]
ORDERP.K. Balasubramanyan, C.J.1. The defendant in a suit for eviction under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, who was also the plaintiff in a suit for specific performance of an agreement for sale of the building in question, is the appellant in both these second appeals. He is herein after referred to as the tenant.2. The suit for eviction was filed by the respondents the landlords mainly on the plea that the building was let out to the appellant in the year 1970 on a monthly rent of Rs. 25/- that the appellant had committed default in payment of rent and that the respondents required the building for their personal occupation. The respondents prayed for a decree for eviction of the tenant from the suit premises and also for a decree for arrears of rent for three years together with costs of the suit and other incidental reliefs.3. The suit was resisted by the appellant by pleading that even though originally he, was a tenant of the b...
New India Assurance Company Ltd. Vs. Jaso Devi and anr.
Court: Jharkhand
Decided on: May-09-2003
Reported in: I(2004)ACC645; 2005ACJ1033; [2004(1)JCR275(Jhr)]; (2004)IILLJ510Jhar
ORDER1. A truck, bearing registration No. BHM 5437 was owned by Ram Kumar Saw and Narsingh Prasad Mehta was employed as driver thereon. '2. On 11.5.1997 coal was loaded on the truck for Varanasi and on the way at Itkhori More of Ranchi-Patna Road near Barhi, the driver stopped the truck and requested one Prayag Yadav to allow his nephew, Krishna Yadav to go with him on the truck as khalasi, as there was no khalasi on it and he had to go to Varanasi and for that he would be paid Rs. 50/- per day. Prayag Yadav allowed his nephew to go on the truck as khalast on daily wage of Rs. 50/-.3. On 15.5-1997 in the early morning, the said truck was found abandoned at village Saraiya and the driver was not there. The dead body of Krishna Yadav was found lying in its cabin covered with a gam-cha. Even on search the driver was not found.4. In this regard Barhi P.S. Case No. 63 of 1997 was registered and subsequently after investigation charge-sheet was submitted for the alleged offence under Section...
Smt. Sushila M. Maru and anr. Vs. Chittaranjan M. Maru
Court: Jharkhand
Decided on: May-09-2003
Reported in: [2005(2)JCR546(Jhr)]
ORDERM.Y. Eqbal, J.1. This Civil Revision application is directed against the order dated 7.3.2003 passed by Sub-Judge I, Ranchi in Misc. Case No. 6/2000 whereby the Court below has rejected the application filed by the petitioners for summoning the Arbitrators as witnesses.2. It appears that by an agreement dated 24.11.1989 the petitioners and the opposite party referred their dispute relating to partition of joint family properties to the Arbitrators, Namely, Sri Jagdish H. Chouhan and Sri Radheshyam Marathia. The said Arbitrators, without entering into the reference passed an interim award dated 25.12.1989. Thereafter they published their final award and the same was filed in the Court and was registered as Title Suit No. 130/99. The petitioners challenged the award by filing objection which was registered as Misc Case No. 6/2000. In the said case the petitioners filed an application for summoning the Arbitrators as witnesses. The grounds taken by the petitioners in their objection ...
Adityapur Industrial Area Development Authority Vs. Union of India (Uo ...
Court: Jharkhand
Decided on: May-08-2003
Reported in: (2003)185CTR(Jharkhand)384; [2003]262ITR289(Jharkhand); [2003(3)JCR4(Jhr)]
P.K. Balasubramanyan, C.J.1. When this writ petition came up for admission on the adjourned date, it was submitted by the counsel for the parties that the pleadings are complete and the writ petition itself may be heard and finally disposed of. Accordingly, we have heard the writ petition in full and the judgment is being pronounced thereon.2. The petitioner is the Adityapur Industrial Area Development Authority, a body corporate under the Bihar Industrial Area Development Authority Act, 1974 having perpetual succession and a common seal. The petitioner challenges Annexure-P/1 issued by the Deputy Commissioner of Income Tax, T.D.S. Circle, Jamshedpur to the Central Bank of India, the Petitioner's Banker. Admittedly, interest as due to the petitioner from Central Bank of India on the fixed deposits of the petitioner in the Bank. In view of the amendment brought to Section 10(20) of the income Tax Act by the Finance Act 2002 explaining which are the local authorities whose incomes are no...
Binod Paswan and anr. Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-08-2003
Reported in: 2003(2)BLJR1224
Vikramaditya Prasad, J.1. This appeal, against conviction and sentence under Section 304B IPC held on trial, has been preferred by the appellants Binod Paswan and Sugia Devi, husband and mother-in-law respectively of the deceased, Parwati. The appellant Binod Paswan stands sentenced to undergo R.I. for 10 years Sugia Devi for 7 years R.I.2. The undisputed facts in this case are (i) the deceased Parwati was married to Binod Paswan (appellant No. 1), (ii) the death of Parwati occurred within three years of the marriage, (iii) the death of Parwati occurred in suspicious circumstances because her dead-body was recovered from a well and (iv) no external injury was found on the body and the viscera report was not obtained; consequently the Doctor could not say the cause of her death, but the left chamber of her lungs was found empty and therefore, the learned trial Court held that it was not a case of simple drowning.3. The two findings of the learned trial Court that (1) soon before the dea...
The Workmen Represented by Bihar Engineering Kamgar Union Vs. Presidin ...
Court: Jharkhand
Decided on: May-08-2003
Reported in: 2003(2)BLJR1245
M.Y. Eqbal, J.1. Petitioner workmen of Hindustan Malleables and Forging Ltd. Dhanbad have challenged the order dated 5-9-1991 and the award dated 24-8-1992 passed by Presiding Officer. Labour Court, Bokaro Steel Bokaro in Reference Case No. 12 of 1983, whereby it has been held that the action of the Management in dismissing the workmen namely, Shri Safal Mian and others is justified and they are not entitled to any relief.2. It appears that the Government of Bihar by Notification dated 26-4-1983 referred the following dispute to the Labour Court for adjudication :'Whether the dismissal of Sarbsri Safal Mian, Devkishun Yadav, Dwarika Rajak, Sibu Roy, Shanti Ram Mahto, Mohammad Ali, Mohammad Ismail Ansari, Nizamuddin Ansari-1, Nizamuddin Ansari-2, Maksud Mianh, Shital Prsad Chaudhary, Mohd. Zamil Khan, Nageshwar Singh, Mantu Mahto, Mahadeo Rawani, Kanhai Lal Mahto, Nanu Ram Mahto and Damu Roy-workmen of M/s. Hindustan Malleables and Forgins Ltd., Bhuli, Dhanabad is proper and justified? ...
Smt. Bhabani Ghosh Vs. Kulwant Singh and anr.
Court: Jharkhand
Decided on: May-08-2003
Reported in: [2003(3)JCR486(Jhr)]
1. Smt. Bhabani Ghosh, wife of late Biswajil Ghosh of Nirsa, District-Dhanbad filed Title (MV) Suit No. 46 of 1990, under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') claiming compensation on account of death of her husband on 30.10.1989 in a motor accident. 2. While going on a motor cycle (BER-7542) her husband was dashed by a truck DH - 2554) and he lost his life. 3. Owner of the truck neither appeared nor filed any written statement nor contested the case. However, the insurer appeared, filed written statement and contested the case. According to insurer the truck was never insured with them and the driver was also not possessing any valid driving licence at the time of accident. 4. The tribunal in the impugned judgment recorded finding that driver of the truck was responsible for the accident, as he was driving the truck rashly and negligently and that he had also no valid and effective driving licence at the relevant time. The insurance policy...
ishwardeo Pandey Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: May-08-2003
Reported in: [2003(3)JCR449(Jhr)]
Tapen Sen, J.1. In this writ application, the petitioner has prayed for an order commanding upon the respondents to follow the principle of equal pay for equal work and pay him salary at par with other similarly situated employees of the same department.2. According to the petitioner, he has been working since 19.7.1983 as a Clerk-cum-Typist on a vacant and sanctioned post, but he is getting only Rs. 1,149/- per month although other persons doing the same nature of job are getting higher pay.3. The petitioner states that he was appointed on daily wages in the year 1983 on a vacant and sanctioned post of clerk-cum- typist. On 4.12.1995, the Divisional Forest Officer, Chatra recommended his case for regularization. According to the petitioner, although he is working since 1973, and although he worked as Typist-cum-Clerk, yet the respondents have not yet regularized him in service. He has further stated that he has worked continuously and satisfactorily on the post of both English and Hin...
New India Assurance Company Ltd. Vs. Tuniya Devi and ors.
Court: Jharkhand
Decided on: May-08-2003
Reported in: [2003(3)JCR520(Jhr)]
1. This appeal has been filed under Section 30 of the Workmens Compensation Act, 1923 (hereinafter referred to as 'the Act') by the Insurance Company against part of the order dated 20.12.2000, passed by the Workmen's Compensation Commissioner, Hazaribagh, in Workmen's Compensation Case No. 20 of 2000, whereby interest and penalty is said to have been awarded. 2. In the operative part of the impugned order the Insurance Company was directed to pay a sum of Rs. 1,64,170/- as compensation under the Act to the claimants within 60 days, failing which from the date of order, interest @12% would be payable thereon and if the compensation amount was not paid within 120 days, interest @18% would be payable thereon.8. A perusal of the entire order reveals that no proceeding was taken after determination of compensation under Section 4 of the Act regarding payment of interest and penalty, if any, as provided under Section 4A(3) of the Act.4. Under the provisions of Section 4A(3) of the Act, wher...
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