Jharkhand Court July 2003 Judgments
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Eastern Coalfields Limited Etc. Vs. Sri S.K. Mukhopadhyaya, Arbitrator ...
Court: Jharkhand
Decided on: Jul-09-2003
Reported in: [2003(3)JCR296(Jhr)]; (2003)IIILLJ1082Jhar
R.K. Merathia, J. 1. Heard the parties.Both the connected matters are taken up together and decided by this common judgment. The management has challenged the award whereby and whereunder the management has been directed to give employment to the two workmen (respondent No. 3 and 4), in such post as they were previously employed, whereas CWJC No. 1484 of 1994 (R) the two workmen have challenged the award on the ground that back wages from 18.11.1986 has not been provided in the award.CWJC No. 754 of 1994(R)2. Learned counsel for the petitioner submitted that the following facts are un-controverted.(I) M/s. Oriental Coal Company Limited (Company for short) was the owner of the coal mine, namely Badjna Colliery, which was nationalized under the Coal Mines (Nationalisation) Act, 1973. At the time of taking over of the mine, the said company refused to handover the Barakar Engineering and Foundry Works Limited (BEFW) to the custodian/Central Government, on the ground that the same was a se...
Dewesh Kumar Mishra Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jul-09-2003
Reported in: [2003(3)JCR584(Jhr)]
Lakshman Uraon, J. 1. Petitioner has filed this Misc. Petition under Section 482 of the Cr PC for quashing the order dated 28.1.2001 passed by learned C.J.M. Sahibganj in Sahibganj Town PS Case No. 61 of 1998 (G.R No. 124 of 1998) wherein and whereunder he has taken cognizance of the offence under Section 406. IPC on the basis of charge-sheet No. 65 of 2000 dated 30.9.2000 and on the basis of case diary and other police papers available on record observing the prima facie case is made out to take cognizance under Section 406. IPC to proceed with the trial. 2. The prosecution case is based on the written information of informant Kaushal Bharty on 3.5.1998 who is owner of Gaurishankar Maxi No. BR-35/5055. On 31.3.1997 in the morning, Dewesh Kumar Mishra (petitioner) along with Maxi Driver went to him and took the Maxi Vehicle on a monthly hire of Rs. 5000/- promising to ply the vehicle on Sahibganj Pirpaiti Road. But this petitioner accused never paid a single pie. On 29.3.1998 Ashok Kum...
State of Bihar (Now Jharkhand) Vs. Hari Prasad Sahu and anr. and
Court: Jharkhand
Decided on: Jul-09-2003
Reported in: [2003(4)JCR73(Jhr)]
Vishnudeo Narayan, J. 1. Both the appeals aforesaid filed by the appellant State of Bihar (now Jharkhand) are directed against the impugned judgment and award dated 11.12.1986 and 20.12.1986 respectively passed by Shri A.K. Verma, Special Sub-Judge, Ranchi passed in I.A. Case No. 100 of 1971 and 101 of 1971 where by and whereunder the quantum of compensation awarded by the Collector under Section 11 of the L.A. Act was enhanced. Both the appeals were heard together and are being disposed of by this order.2. Plot No. 531 Khata No. 52 having an area of 24 decimals being Dhan III land of respondent Moso Pahan and Plot No. 429/2, Khata No. 24 having an area of 76 decimals being T and I land having a 'Pacca' house thereon with tile roof of respondent Hari Prasad Sahu and others situate in village Harmu, P.S. and District Ranchi were acquired for Harmu Housing Scheme. Notification under Section 4 of the L.A. Act (hereinafter referred to as the said Act) was issued on 2.12.1964 and a declarat...
Ashraful Seikh and anr. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jul-09-2003
Reported in: 2004CriLJ3716
Lakshman Uraon, J.1. This appeal is directed against the judgment of conviction dated 18-1-1991 and sentence dated 21-1-1991 passed by Sri Sheo Dayal Prasad, learned Additional Sessions Judge, Pakur whereby and whereunder appellant No. 1 has been convicted under Section 412 IPC and sentenced to undergo R. I. for 10 years. Appellant No. 2 has been convicted under Section 395 IPC and sentenced to undergo R. I. for 10 years.2. The case of the prosecution arises out of the fardbeyan (Ext. 2) of the informant Chhutar Tadu of village Sundara Pahari, PS-Pakur recorded on 1-11-1987 at 10.00a.m. by S. I. Nawal Kishore Mishra (not examined) regarding the occurrence which took place at 3.00 a.m. night on the same day on 1-1-1987 when informant Chhutar Tadu was sleeping along with other members of the family in his house. At about 3.00 a.m. night, someone knocked the western door of his house. When he woke up, he found six persons in his house. Two of them caught hold of him and tied his hand. Ins...
Anil Kumar Jha and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-08-2003
Reported in: [2003(3)JCR432(Jhr)]
Tapen Sen, J. 1. Heard Mr. Ram Chandra Jha, learned counsel for the petitioner and Mr. M.S. Anwar, learned counsel for the respondent Nos. 3 to 6. 2. The grievance of the Writ Petitioner initially was for a direction upon the respondent to pay salary to the petitioners with effect from 01.01.1999 with compound interest and also to consider their cases for payment in the regular grade of the Lecturers following the principle of 'equal pay for equal work' together with all increments etc. They had also made a prayer for their absorption in the A.S. College Satsang, Deoghar which was made a constituent unit of the Sidhu Kanju University, Deoghar in the third phase with effect from 12.12.1980. Consequently, the petitioners pray that as a result of such absorption, all consequential benefits be given including arrears of salary etc. 3. Mr. R.C. Jha, learned counsel for the petitioners has submitted that the petitioners have worked uninterruptedly right from the day they joined their service...
Durga NaraIn Ojha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-08-2003
Reported in: [2003(3)JCR407(Jhr)]
M.Y. Eqbal, J. 1. In this writ application the petitioner seeks direction upon the respondents particularly respondent No. 2, Deputy Commissioner, Lohardaga to decide the seniority of the petitioner vis-a-vis respondent No. 3 on the basis of passing final accounts examination and on the basis of gradation list and also to promote the petitioner on the post of Office Superintendent in the Lohardaga Collectoriate. 2. Petitioner's case is that he was appointed in 1967 on the post of clerk and passed departmental accounts examination on 18.3.1974. In the year 1988 a gradation list was prepared in which the petitioner's name was shown at Serial No. 12 whereas the name of the respondent No. 3 was shown at serial No. 13. It is contended that inspite of the placement of the petitioner above respondent No. 3 in the gradation list, he was granted promotion in 1998 whereas respondent No. 3 was granted promotion in 1996. Petitioner said to have filed several representations before the Deputy Commi...
Sahdeo Mistry and Parmananda Dash Sharma Vs. Jharkhand State Housing B ...
Court: Jharkhand
Decided on: Jul-08-2003
Reported in: III(2003)BC506; [2003(3)JCR263(Jhr)]
M.Y. Eqbal, J.1. In these two writ applications since common question of law is involved, they have been heard together and are disposed by this common order.2. The only question that falls for consideration is as to whether the respondent Housing Board is justified in demanding exorbitant amount from the petitioners-allottees before executing the final deed of conveyance in favour of the petitioners.3. Petitioners were allotted flats bearing Nos. HI-189, HI-98 vide allotment letters dated 28.9.1983 and 10.12.1983. Petitioners paid a sum of Rs. 16,550/-against the total price of the house i.e. Rs. 82,000/- fixed in the allotment letters. Hire Purchase Agreement was executed by the respondent-Housing Board in favour of the petitioners on 18.3.1986 and 21.3.1986. As per the said agreement the petitioners were to pay a further sum of Rs. 65,000/- in 180 equal installments. Petitioners said to have started payment of installments and represented the respondent- Housing Board for delivery o...
Ram Pravesh Sharma Vs. Coal Mines Provident Fund Organisation and ors.
Court: Jharkhand
Decided on: Jul-08-2003
Reported in: [2003(3)JCR438(Jhr)]
Tapen Sen, J.1. Heard Mr. V. Shivnath, learned counsel for the petitioner and Mr. M.M. Prasad, learned counsel for the respondents.2. In the instant case, the petitioner has prayed for quashing the order dated 15.6.1995 which is contained in Annexure 14 at page 108 by which the Chairman, Board of Trustee refused to interfere with the decision of the Coal Mines Provident Fund Commissioner and accordingly rejected the appeal thereby conforming the order of compulsory retirement passed on 4/11.8.1993 as contained in Annexure 12. Consequently, the petitioner has also made a prayer for quashing the aforementioned order of compulsory retirement and has further made a prayer that appropriate orders be passed directing the respondents to reinstate the petitioner with all consequential benefits including back-wages etc.3. The facts which are necessary to be looked into for purposes of adjudicating this writ application are that in the year 1966, the petitioner was appointed as Lower Division Cl...
Dr. (Mrs.) Usha Sharma Vs. Ranchi University and anr.
Court: Jharkhand
Decided on: Jul-08-2003
Reported in: 2003(51)BLJR1799; [2003(3)JCR290(Jhr)]
1. The present Letters Patent Appeal has been filed against the order dated 23.1.2002, passed in CWJC No. 2166 of 2001. The writ petitioner-appellant prayed for a direction to pay salary for the period 22.6.1995 to 5.10.1998 when she remained out of job i.e. from the date of termination till the date the same was revoked, hereinafter referred to as the 'intervening period'; and for payment of salary from 5.10.1998 onwards when she joined after the order of termination was revoked.2. The learned Single Judge rejected the prayer of the petitioner for payment of salary for the intervening period, on the grounds that the appellant accepted the joining without any objection and did not choose to challenge the order of non- payment of salary for the intervening period, for three years.Regarding payment of salary from 5.10.1998 onwards, the learned Single Judge remitted the matter to the Vice Chancellor, Ranchi University to enquire from the college as to how many days she attended the colleg...
Hifazat Mian Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jul-08-2003
Reported in: 2004CriLJ3218
Vishnudeo Narayan, J.1. The sole appellant named above has preferred this appeal against the impugned judgment and order 23-5-1990 passed by Shri Arun Chandra Das, 3rd Additional Sessions Judge, Dumka in Sessions Case No. 253 of 1988/6 of 1988 whereby and whereunder this appellant was found guilty for the offence punishable under Section 396 of the Indian Penal Code and he was convicted and sentenced to undergo R. I. for ten years.2. The prosecution case has arisen on the basis of the fardbeyan (Ext. 2) of P. W. 7 Mangru Munda, the informant recorded by A. S. I. K. Paswan of Tirwabari O. P. on 3-7-1987 at 3.00 hours in the Sadar Hospital, Sahebganj regarding the occurrence which is said to have taken place in the night between 2nd and 3rd July, 1987 in village Kaluwa Toli, P.S. Gorio, District Sahebganj. On the basis of the said fardbeyan the case was instituted by drawing a formal F. I. R. (Ext. 5) on that very day at 15.00 hours.3. The prosecution case, in brief, is that the informan...
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