Jharkhand Court June 2003 Judgments
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Udit Ram Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jun-20-2003
Reported in: [2003(4)JCR642(Jhr)]
Lakshman Uraon, J.1. The sole appellant, Udit Ram, has preferred this appeal against the judgment and order of conviction and sentence dated 1.5.2001 and 2.5.2001 respectively passed by Shri K.N. Sah, the learned 8th Additional Sessions Judge, Palamau at Dallonganj in S.T. No. 125/2000, whereby and whereunder, the appellant was convicted under Sections 302/34, IPC and sentenced to undergo RI for life and further convicted under Sections 201/ 120B, IPC but no separate sentence was awarded under those Sections. However, co-accused, Salamgir, was found not guilty and acquitted.2. The prosecution case based on the fardbayan. Ex. 6 of PW 4, Sabir Alam, recorded by the S.I. Sher Jahan Khan, PW 11, on 1.12.1998 at 14.30 hrs. at village Gurdi, P.S. Garhwa, is that in the evening of 30.11.1998 at about 6.30 p.m. he was talking with his father, Minhazuddin, at his door. Mis father was in service at telephone booth Railha. He used to return home on each day in the evening. At that time two person...
Dr. (Mrs.) Nupur Chandan Vs. Indian School of Mines and ors.
Court: Jharkhand
Decided on: Jun-20-2003
Reported in: [2004(2)JCR211(Jhr)]
Tapen Sen, J.1. Heard Mr. V. Shivnath, learned counsel appearing on behalf of the petitioner and Mr. M.M. Banerjea, learned counsel for the respondents.2. The petitioner is aggrieved by the order dated 29.09.1995 issued by the Secretary, Executive Board, whereby and whereunder in exercise Rule 7(A)(i)(ii) of the Bye-laws, the petitioner's services have been terminated.The stand of the petitioner is basically three folds, viz.,--(a) that power could not have been exercised under Rule 7(A) inasmuch as the same applied to temporary employees;(b) that the petitioner's appointment having been made on a permanent post and in a permanent capacity though with the condition that she would be on probation for a period of two years, the same did not mean that she was a temporary employee nor her being a probationer could have snatched away the status of a permanent employee merely because she was put on probation and therefore, all requirements in relation to permanent employees were necessarily ...
Rabindra Kumar Vs. Raj Nandan Sharma and ors.
Court: Jharkhand
Decided on: Jun-20-2003
Reported in: [2004(2)JCR622(Jhr)]
ORDERP.K. Balasubramanyan, C.J.1. Heard.2. This revision by the first defendant challenges the order of the Trial Court rejecting the application filed by him praying that the plaint be rejected under Order VII, Rule 11 of the Code of Civil Procedure in view of the fact that the suit was barred by Section 4 of the Benami Transactions (Prohibition) Act, 1988. The suit was by a father against his sons and the widow of his predeceased son. The suit properties were purchased in the respective names of the sons and the daughter-in-law. The case of the plaintiff was that the purchase was made by him in their names. The prayer in the plaint was for a declaration that the plaintiff was the exclusive owner of the suit properties. The plaintiff also indicated in the plaint that though there was a joint family consisting of himself and his brothers, that joint family had nothing to do with the plaint schedule properties.3. The defendants did not file a written statement. But even before that, the...
AzimuddIn Ansari Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Jun-20-2003
Reported in: [2004(3)JCR84(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition has been preferred by petitioner against the order as contained in letter No. BCCL-PAV/SC/Superannuation/90-2167 -72 dated 20/28th March, 1993 whereby petitioner was informed that he will attain age of superannuation, 60 years, on 14th October, 1993 and will retire from the said date.Further prayer has been made to direct the respondents to allow the petitioner to continue till 9th October, 1998 on the basis of actual/correct date of birth being 10th October, 1938.2. According to petitioner, his correct date of birth has been incorporated in the matriculation certificate as 10th October, 1938 which should be accepted by the respondents in preference to the date of birth allegedly appearing in the Company's record without any basis.3. It appears that the petitioner was engaged as a Ward Boy in the Central Hospital, Jagjiwan Nagar. Dhanbad in the year 1952 under the Coal Mines Welfare Organization, Government of India. After ten years of appoint...
ishwar Tuddu and anr. Vs. Mattu Murmu and ors.
Court: Jharkhand
Decided on: Jun-19-2003
Reported in: [2003(4)JCR145(Jhr)]
Vishnudeo Narayan, J.1. This Revision has been preferred by second party petitioners Ishwar Tuddu and others against the impugned order dated 1.11.1989 passed in Criminal Miscellaneous Case No. 291 of 1986 tied up with Criminal Miscellaneous Case No. 255 of 1986 whereby and whereunder possession of first party O.P. Shankar Murmu and others was declared in respect of the land in dispute appertaining to Zamabandi No. 9 situate in village Karanpura P.S. Hiranpur in the District of Sahebganj now Pakur and second party petitioner were also directed not to disturb the peaceful possession of the first party O.P. till otherwise ordered by some competent Court of law.2. The facts giving rise to this Revision are as follows :--The first party O.P. send a petition through registered post to the Sub-Divisional Officer, Pakur on 6,5.1986 stating therein that the land of Zamabandi No. 9 situate at village Karanpura P.S. Hiranpur stands jointly recorded in the name of Thakur Murmu and Kanhu Murmu son...
Dlf Power Ltd. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-18-2003
Reported in: AIR2004Jhar85; [2003(3)JCR363(Jhr)]
S.J. Mukhopadhaya, J.1. The petitioner M/s. DLF Power Limited being not satisfied with the order of withdrawal of No Objection Certificate (for short NOC) granted over four years ago, has challenged the order contained in letter no. 1757 dated 17th July, 2002 issued by Jharkhand State Pollution Control Board (J.S. Pollution Control Board for short).The NOC earlier granted to the petitioner has been withdrawn and cancelled in pursuance of letter No. 103-22/ EPE dated 18th June, 2002 issued from the Ministry of Environment and Forests, Eastern Regional Office, Government of India, New Delhi. The aforesaid letter dated 18th June, 2002 has also been challenged by the petitioner.2. The case of petitioner is that it entered into an agreement with the Coal India Limited (for short C.I.L) on 11th January, 1995 for setting up captive power plant, on Build-Own-Operate Basis at Mad-huband Washery of Bharat Coking Coal Limited, Dhanbad (for short BCCL). As per the agreement, petitioner is to suppl...
Ashok Kumar Gupta and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-18-2003
Reported in: 2003(51)BLJR1693; [2003(3)JCR161(Jhr)]
S.J. Mukhopadhaya, J. 1. The instant writ petition has been preferred by the petitioners for issuance of an appropriate writ/writs, order or direction for quashing the Office Orders, as contained in Memo Nos. 949 and 124, both dated 26th March, 2002, 181, dated 10th April, 2002, as also 148, 916, 946, 129, 905 and 111, all dated 26th March, 2002, issued by the Administrator, Bihar State Scheduled Caste Cooperative Development Corporation Limited (in Hindi Bihar Rajya Anusuchit Jati Sah-karita Vikash Nigam Limited) 'Ajavini for short, whereby and whereunder, services of the petitioners have been terminated with immediate effect and it has been or-dered to observe the provisions of Section 25F of the Industrial Disputes Act, 1947.The impugned orders are said to have been issued in consequence of the decision of the Council of Ministers, held in its meeting dated 17th July, 1995 and a decision taken by the Committee, headed by Commissioner-cum-Secretary, Department of Welfare, Bihar, on 2...
Bihar State Pollution Control Board Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-18-2003
Reported in: [2003(3)JCR181(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The petitioner Bihar State Pollution Control Board (for short-Board) has challenged the award dated 22nd January. 2002 passed by the learned Presiding Officer, Labour Court, Jamshedpur in Reference Case No. 3/96, whereby the Labour Court directed the petitioner Board to reinstatement the workman 2nd respondent in its service with full back wages.2. As the case can be determined on a short question of law, it is not necessary to discuss and the facts, except the relevant one as mentioned hereunder.3. The 2nd respondent was employed by the Management of the Board at Jamshedpur as Sample Taker on 15th December, 1983. He was given the additional job of Typist. The Management of the Board issued a latter on 3rd September, 1991 to the 2nd respondent informing him that his services were no longer required.Being aggrieved and dissatisfied with the order of termination dated 3rd September, 1991, the 2nd respondent challenged the termination order before Ranchi Bench...
Cambridge Trust of India Vs. Ranchi University and ors.
Court: Jharkhand
Decided on: Jun-18-2003
Reported in: [2003(3)JCR203(Jhr)]
ORDERS.J. Mukhopadhaya, J. 1. This application has been preferred by the petitioner Cambridge Trust of India, Tatisilwai for issuance of appropriate writ(s)/order(s)/ direction(s) or a writ in the nature of mandamus commanding upon the respondents, particularly, respondent Ranchi University and its Vice Chancellor to forthwith hold/ conduct the University Examination of the Bachelor of Engineering course of the students of petitioner - Institution for the Session 2001-02 who were initially admitted under the direction of this Court,2. In the present case, almost all the disputes stand settled by the earlier directions of the Court dated 20th February, 2002 in WP (C) No. 208 of 2002. In pursuance of the directions of the Court, the students were admitted in 1st year Bachelor of Engineering course for the Session 2001-02, they having completed their course are now awaiting to appear in the examination to be conducted by the Ranchi University (for short - University). The State Government...
Civil Paswan Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-18-2003
Reported in: [2003(3)JCR169(Jhr)]
ORDERVikramaditya Prasad, J.1. This writ petition has been filed for quashing the order of dismissal passed by Annexure-6 by the D.I.G. and also the appellate order passed by the D.G.P. as contained in Annexure-8.2. The petitioner was a Sub-Inspector of Police. There was a truck seized allegedly loaded with stolen mustard oil. Some employees of the particular Police Station Tisra demanded bribe and Rs. 20,000/- was paid, which was subsequently recovered from the possession of Laljee Mishra. It appears that the petitioner, who was on duty, left the police station without informing this matter to his superior. Subsequently, Tisra P.S. Case No. 109/1994 was filed, which is still unconcluded and pending trial. In the meantime, a departmental proceeding was initiated against the petitioner and in the departmental proceedings, charges were found proved and the petitioner was recommended to be dismissed by the S.P. The then D.I.G. stayed the departmental proceedings. Subsequently, it was subm...
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