Jharkhand Court July 2003 Judgments
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Sumant Kumar and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-22-2003
Reported in: [2003(3)JCR759(Jhr)]
Tapen Sen, J.1. Heard Mr. Delip Jerath learned counsel for the petitioners. No. one appears on the behalf of the State-respondent.2. The petitioners have prayed for quashing the order dated 26.2.2002 as contained in Annexure 9 series, whereby and whereunder the respondent No. 3, (Deputy Inspector General of Police, South Chhota-nagpur Range, Ranchi-cum-Deputy Inspector General Incharge Railways) has passed an order dismissing the petitioners from their services. Mr. Jerath has pointed out that all the petitioners were appointed by Annexures 1 series on the post of Constables. However, by reason of the impugned order, the services of the petitioners were terminated. According to the petitioners, after having been appointed, they Joined as Constables in Railway Police, whereafter their service books were opened. Subsequently, they underwent training for 1-1/2 years and passed respective training whereafter they were serving the department as trained constables. Seven years thereafter i.e...
Rakesh Kumar Jha Vs. Jharkhand State Housing Board and ors.
Court: Jharkhand
Decided on: Jul-22-2003
Reported in: [2003(3)JCR745(Jhr)]
ORDER1. Getalsad reservoir is a major source of drinking water supply to the town of Ranchi. It is said that Harmu river and its tributaries carry water into that reservoir. This writ petition is filed by the petitioner, a resident of the town of Ranchi, praying for the issue of a writ of mondamus directing the Jharkhand State Housing Board, Ranchi. The Regional Development Authority. The Ranchi Municipal Corporation and the Jharkhand State Pollution Control Board to stop the discharge of sewage and other hazardous effluents into Harmu river. The petitioner seeks a direction, especially to the Housing Board to provide an effective sewage system, especially in Harmu Housing Colony in Ranchi and for installing a sewage treatment plant for purifying effluents before they get into Harmu river and its tributaries. There is also a prayer for issue of a direction to the Housing Board and the Development Authority not to violate Section 78 of the Jharkhand State Housing Board Act, 2000 while e...
Rustam Ali Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-22-2003
Reported in: [2003(4)JCR62(Jhr)]
ORDER1. Heard counsel for the petitioner, counsel for the Ranchi Regional Development Authority and counsel for the Ranchi Municipal Corporation.2. The grievance, in this writ petition, filed in public interest, relates to the developments and needs of a particular area of the Ranchi Town. According to the petitioner, various schemes can be taken up to improve the facilities available in that area. It was alleged that Ranchi Regional Development Authority was not taking up and completing various projects that have been proposed for the benefits of this area. A counter affidavit and an additional counter affidavit have been filed by the Ranchi Regional Development Authority submitting that out of the various works, six items of works were entrusted to the Ranchi Regional Development Authority has completed all those works. Of course, in a further rejoinder the petitioner has submitted that one of the works has not been fully completed. If that be so, we have no doubt that the Ranchi Reg...
United Machines Ltd. Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Jul-22-2003
Reported in: I(2004)BC295; [2003(4)JCR80(Jhr)]
S.J. Mukhopadhaya, J. 1. This application has been preferred by petitionerfor direction on the respondent Nos. 1 to 3to cancel the candidature of 4th respondent, M/s. Vijay Industries and PojectsLimited on the ground that the 4th respondent is not fulfilling the requisite conditionbeing not a profit earning company at leastfrom last three years.2. The case of petitioner is that the respondent-Jharkhand State Electricity Board (for short J.S.E.B.) issued notice inviting tender (for short NIT) No. 360/JSEB/ PR/2002 calling for tenders from reputed, experience and financially sound parties for Design Engineering, Manufacture & Supply for site basis, Unloading, Handling, Storage, Erection, Testing, Commission and Handling Fire Protection System as per Specification at Patratu Thermal Power Station. The petitioner and others including 4th respondent submitted the price bid whereinafter the respondents-J.S.E.B. have declared the 4th respondent qualified and ordered to issue work order in its...
Sheo Shankar Lall and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jul-22-2003
Reported in: 2003(3)BLJR2183; [2004(2)JCR375(Jhr)]
Tapen Sen, J.1. Heard the parties.2. The only reason why this Writ Application must succeed is because while deciding an objection filed by the Petitioners under Section 10(2), the Deputy Commissioner, Ranchi relied solely and wholly on the Order dated 10-03-1987 which was passed on the objection filed by the land holders under Section 8 of the Urban Land (Ceiling, and Regulation) Act, 1976.3. In the instant case, Mr. N.K. Prasad, Senior Advocate appearing for the Petitioners has pointed out that while the land holders filed their objections, their specific case was that they were entitled to at least two Units in relation to exemption and those two Units were specifically pleaded by them in the statutory Form-I which has been brought on record through the Supplementary Affidavit filed in the instant case on 11-07-2003 (the relevant portion whereof is to be found at running page-76 of the instant Writ Application).4. Through the aforementioned Form-I, the land holder claimed that he al...
Green Woods Vs. Regional Labour Commissioner and ors.
Court: Jharkhand
Decided on: Jul-22-2003
Reported in: [2004(1)JCR238(Jhr)]; (2004)IIILLJ377Jhar
ORDER1. The appellant is a partnership firm. It was engaged by the Indian Institute of Coal Management Ranchi. (for short 'HCM') for butification of its gardens of the campus, including maintenance of flowers, etc. For this purpose, the appellant had engaged 43 labours and the work was started from 1.4.1998. The appellant had duly obtained a licence under Section 12 of the Contract Labour (Regulation and Abolition) Act, 1970.2. The HCM is registered under the Societies Registration Act, 1860 and is promoted by the Coal India Limited (CIL), which is a Government Company registered and incorporated under the Indian Companies Act, 1956.3. The Labour Enforcement Officer (Central), Ranchi, inspected the premises of the institute and found that all the 43 agricultural labours, who were engaged for horticulture work in the gardens of the Campus were being paid less wages than the minimum rates of wages notified by the Central Government. According to the Labour Enforcement Officer the Central...
R.K. Automobile, Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jul-22-2003
Reported in: II(2004)ACC527; [2004(2)JCR369(Jhr)]
1. The petitioners in these cases are dealers in two wheelers within the State of Jharkhand. They challenge the notices issued to them under the Bihar Motor Vehicles Taxation Act for recovery of the sales tax allegedly due from them along with penalty. In this writ petitions, the challenge of the petitioners is confined to the attempt to the recovery of the penalty in view of the fact that their liability to tax had become crystallised by an earlier judgment, though it is stated that the validity of the relevant provision is pending adjudication in the Supreme Court at the instance of another dealer, who is not a party to these writ petitions.2. Section 6 of the Bihar Motor Vehicles Taxation Act, 1994 (hereinafter called 'the Taxation Act') provides that tax at the annual rate specified in Schedule III in lieu of the rates specified in Schedule I shall be paid by a manufacturer of, or a dealer in motor vehicles, in respect of the motor vehicles in his possession, in course of his busin...
Shyam Charan Lohar Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jul-22-2003
Reported in: 2004CriLJ1928
Deoki Nandan Prasad, J.1. The sole appellant preferred this appeal against the judgment of conviction dated 22-12-1995 and order of sentence dated 23-12-1995 passed by the Judicial Commissioner, Ranchi in Sessions Trial No. 78 of 1991, whereby and whereunder, the learned Judicial Commissioner convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.2. The prosecution case in brief is that the informant Budheshwar Lohra gave fardbeyan alleging therein that on 13-9-1990 at about 7 p.m. he had gone to the place of his elder uncle with his brother-in-law and sister to attend a dinner and his father Nand Lal Lohra and his younger brother Rajendra Lohra were present in the house. At that time, his younger brother Rajendra Lohra started crying and when the informant along with others wanted to come out from the house, they found that the door of the house was closed from outside with chain. However, Rajendra Lohra arrived t...
Naresh Prasad Mehta and anr. Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Jul-22-2003
Reported in: II(2003)DMC718
Hari Shankar Prasad, J.1. This appeal is directed against the judgment dated 29.5.2000 and order of sentence dated 30.5.2000 passed in Sessions Trial No. 185 of 1996 whereby and whereunder the learned Court of Ilnd Additional Sessions Judge, Hazaribagh found the appellants guilty Under Sections 304B/34 of the Indian Penal Code (hereinafter referred to be as 'Code') and sentenced appellant No. 1 Naresh Prasad Mehta to undergo R.I. for life and appellant No. 2 Samli Devi @ Shanti Devi to undergo R.I. for ten years.2. The prosecution case in brief is that informant Indradeo Mahto gave his written report to the Ichak Police Station on 24.11.1995 at about 10.45 a.m. to the effect that his daughter Rita Devi was married with the appellant No. 1 Naresh Prasad Mehta in the year 1994. It is alleged that about a fortnight ago to the date of occurrence, victim girl had come to her parents' house and had made complaints against the appellant No. 1 Naresh Prasad Mehta, who is her husband, and appel...
Bharat Coking Coal Ltd. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jul-21-2003
Reported in: [2003(3)JCR427(Jhr)]
S.J. Mukhopadhaya, J.1. The writ petition was preferred by petitioner for the following relief:'(i) A declaration he made that the concerned respondents cannot realize any amount either by way of royalty and/ or price of mineral fire clay which according to the respondents are being thrown by the petitioner company along with overburden in course of mining activities;(ii) An appropriate writ/order/direction be issued restraining the concerned respondents from settling and/or leasing out to any third person for removal of-Fire clay from over-burden;(iii) An appropriate writ/order/direction be issued for quashing the coercive steps being taken as against' the petitioner company including initiation of a Certificate proceeding for realization of royalty and price of the alleged mineral fire clay;(iv) A writ or in the nature of mandamus be issued commanding upon the respondents to forbear from giving effect to or acting pursuant to or in furtherance of the impugned direction.'2. Counsel fo...
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