Jharkhand Court July 2003 Judgments
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Dr. Amar Kumar Singh Vs. Hon'ble Chancellor, Universities of Jharkhand ...
Court: Jharkhand
Decided on: Jul-18-2003
Reported in: [2003(3)JCR744(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ application the petitioner seeks appropriate direction upon the respondents-Siddhu Kanhu University to take appropriate step for sending his name to the Jharkhand State Public Service Commission for being considered for the post of Professor in the faculty of English in P.G. Centre at Dumka. 2. The petitioner is working as Reader in the faculty of English in the P.G. Centre of the respondent-University with effect from 24.2.1991. He was appointed as lecturer in Bhagalpur University on 24.2.1983. It is contended by the petitioner that he has been teaching the post graduate students for the last 17 years in P.G. Centre of the University and has published several books on the subject. The petitioner was given promotion on the post of Reader in the year, 1991 as he completed 8 years of service as Reader in English on 24.2.1991. Thereafter, he applied for the post of Professor and filed several representations for his promotion to the post of Professor but...
Arun Kumar and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-18-2003
Reported in: [2003(3)JCR413(Jhr)]
M.Y. Eqbal, J. 1. Heard Mr. M.M. Banerjee, learned counsel appearing for the petitioner, Mr. M.S. Anwar, learned counsel appearing for the University and Mrs. S. Jha and Mr. Manjul Prasad, learned counsel appearing for the respondent No. 5 and the State. 2. The petitioners who are the students of Bokaro Institute of Technology filed this writ application seeking issuance of a writ of mandamus directing the respondents to hold 1st year examination in BSE engineering course or adjust the petitioners to some other recognized engineering institute in the State of Jharkhand and also for payment of compensation for the loss sustained by the petitioners.3. The petitioners appeared in the Entrance examination conducted by the respondents for 1997-98 and 1998-99 batches and upon their success they were admitted in the said institute in Computer, Electronic, and Electrical branches. The petitioners case is that respondents No. 3 and 4 namely Vinoba Bhave University (in Short-University) and All ...
Bisheshwar Prajapati and Mahendra Nayak Vs. Union of India (Uoi) and o ...
Court: Jharkhand
Decided on: Jul-18-2003
Reported in: [2003(3)JCR763(Jhr)]
ORDERS.J. Mukhopadhaya, J. 1. Heard the parties.2. In both the cases, as common question of law involved, they were heard together and are being disposed of at the stage of admission with the consent of the parties.3. Late Dukhan Prajapati, father of petitioner, Bisheshwar Prajapati was Range Chowkidar at Station Headquarters, Ramgarh Cantt under the Union of India. The employee died in harness on 3rd February, 1997 wherein after the petitioner, Bisheshwar Prajapati applied for appointment on compassionate ground on 2nd April, 1998. His application for appointment has been rejected on the following grounds :'After due circumspection and consideration of the circumstances of the case in the light of the guidelines of DOP & Ts and various judgments of the Hon'ble Supreme Court after a balanced and objective assessment of the totality of the circumstances of the case the competent authority has not approved the appointment of Shri Visheshwar Prajapati, s/o late Shri Dukhan Prajapati, on c...
Nawwangi Bhut Mahavidhyalaya Shikshak Sangh, Vs. N.N. Pandey, Commissi ...
Court: Jharkhand
Decided on: Jul-18-2003
Reported in: [2003(4)JCR69(Jhr)]
ORDERS.J. Mukhopadhaya, J. 1. All these contempt cases arise out of one or other order passed by this Court relating to payment of salary to teaching and non-teaching employees of 4th phase taken over colleges.2. At the outset, it may be mentioned that almost similar question is pending consideration before the Supreme Court in the case of State of Bihar and Ors. v. Bihar Rajya M.S.E.S.K.K. Mahasangh, wherein certain interim order passed by the Supreme Court while referred the matter to Hon'ble Mr. Justice S.C. Agarwal (Retired Supreme Court Judge) to enquire into the legality and propriety of appointment of one or other teaching and non-teaching employees, reported in 2002 (1) PLJR 85 (SC).3. In one of the cases, namely, Shlv Kumar Prasad v. State of Jharkhand, reported in 2003 (2) JLJR 190 : 2003 (2) JCR 588 (Jhr), wherein the question relating to payment of salary was raised. The Court in the said case observed that there are two issues required to be determined before giving any fi...
Smt. Swarnlata Devi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-17-2003
Reported in: 2003(2)BLJR1627; [2003(3)JCR416(Jhr)]
ORDER1. This appeal is filed by respondent No. 3 in WP (C) No. 3064 of 2001 of the file of this Court. That writ petition was filed by her challenging the recognition or appointment of the appellant as Pradhan of village Kurma in the district of Godda under the provisions of the Santhal Parganas Tenancy (Supplementary) Provisions Act, 1949. One Nageshwar Mishra was the Pradhan. He died on 16.7.1981. On 9.12.1982, the appellant, the eldest daughter of Nageshwar Pradhan, was appointed as the Pradhan. A rival claim to the post of Pradhan was raised by respondent No. 3 herein. The order of the authority recognizing the appellant as Pradhan was challenged in an appeal before the Deputy Commissioner, Godda. The appellate authority set aside the order of the Sub-Divisional Officer and remanded the case for a fresh consideration after issuance of notices to the raiyats in Form A. The order of the appellate authority was upheld in revision by the Commissioner, Santhal Parganas Division, Dumka, ...
Hindustan Copper Limited Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jul-17-2003
Reported in: [2003(3)JCR420(Jhr)]
P.K. Balasubramanyan, C.J.1. This writ petition challenges the order of assessment of Sales Tax under the Bihar Finance Act made against the petitioner for the assessment years 1974-75. The question that arose for decision was whether the items sold in the canteen run by the assessee in terms of its obligation under Section 46 of the Factories Act to run a canteen could be treated as sales and the turnover thereon and the turnover in respect of some articles sold by it to its employees, allegedly at concessional rates, could be included in the assessable turn-over of the assessee. The assessing authority negatived the claim of the assessee and held that the turn-over was liable to be included while completing the assessment. This view was upheld by the appellate authority. In a revision to the Tribunal, the Tribunal also held that the sales in the canteen and the provision stores should be treated as sales under the Act and the turn-over thereon be included in computing the total turno...
Neelu JaIn and anr. Vs. Praveen Chandra
Court: Jharkhand
Decided on: Jul-17-2003
Reported in: 2003(51)BLJR1741; I(2004)DMC103; [2003(4)JCR68(Jhr)]
ORDERGurusharan Sharma, J. 1. Heard the parties. Petitioner No. 1 was married with the opposite party on 25.11.1993 at Madhupur within Deoghajr District in the State of Bihar (now newly created State of Jharkhand) and a child-petitioner No. 2 was born out of their wed lock on 1.9.1994. Admittedly maternal house of petitioner No. 1, where her parents are residing, is at Arrah in the State of Bihar. It is said that on 12.2.1997 she left her matrimonial house at Madhupur for her maternal house at Arrah along with her mother and the infant daughter petitioner No. 2 and never returned.2. On 3.8.2001 opposite party filed Matrimonial Case No. 67 of 2001 in the Court of District Judge Deoghr for divorce by dissolution of marriage under the provisions of the Hindu Marriage Act, 1955(hereinafter referred to as 'the Act'). Petitioners appeared in the said case.3. The present application has been filed by the petitioners under Section 23(3) of the Code of Civil Procedure for transfer of the afores...
Subodh Kumar Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-17-2003
Reported in: [2003(4)JCR102(Jhr)]
ORDERVikaramaditya Prasad, J. 1. The short facts leading to this writ petition are that the petitioner was admittedly the Secretary of the Co- operative Society functioning in the name and style of Deep Sakhari Grih Nirman Samithi. There was an election, in which another person was elected as the Secretary. It appears that the petitioner had been allotted, vide Annexure-1, a lease deed, the plot No. 605/47, over which, according to the petitioner, he has built a room and living therein. According to the petitioner, the office of the Co-operative Society was being run on plot No. 605/41.2. The grievance of the petitioner is that his room on plot No. 605/47 was locked by the SDO after removing his properties therefrom and making a seizure list. According to the petitioner, he has filed this writ petition for getting that room unlocked and for getting his properties back.3. The respondents have appeared. According to the State, the action was taken under Section 45-A(5) of the Bihar Co-op...
Teressa Murmu Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-17-2003
Reported in: [2004(1)JCR202(Jhr)]
ORDERS.J. Mukhopadhaya, J. 1. Heard the parties.2. As agreed, the case is being disposed of at the stage of admission.3. The petitioner was recommended by the Committee and appointed as Anganbari Sevika vide Memo No. 173, dated 17th June, 1999. Her services having been terminated vide Letter No. 191, dated 30th October, 2001, has challenged the order of termination.4. According to petitioner, the Chief Development Project Officer has issued the impugned order without application of mind and without the recommendation of the Selection Committee, who selected the petitioner. The recommendation of the selection Committee is essential as the authority alleged the selection of petitioner was illegal.5. It is further submitted that the order of termination is penal in nature as evident from the show cause issued to the petitioner by the Deputy Commissioner, Dumka vide Letter 2043 dated, 9th August, 2001.6. Counsel for the petitioner relied on a decision of the Court in the case of Smt. Sarda...
Frank Henary Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jul-17-2003
Reported in: 2004CriLJ1920; I(2004)DMC175
ORDERVikramaditya Prasad, J.1. Heard both the sides.2. The petitioner has filed this Criminal Miscellaneous petition for quashing the order dated 4-8-2000 passed by the learned Sub-Divisional Judicial Magistrate, Jamshedpur, whereby he has taken the cognizance under Sections 498A, 323 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, in C/1 Case No. 569 of 2000.3. The complainant opposite party No. 2 herein was married with the petitioner accused No. 1, Frank Henary and accused No. 2 is the mother-in-law.4. It transpires on perusal of Annexure that the trial is in progress. The examination in chief before framing of charge has taken place and the prayer for discharge of the petitioner is pending. The petitioner assailed the order taking cognizance on the ground that the marriage of the complainant with the petitioner her husband was solemnized without her will and, therefore, from the very beginning the relationship of husband and wife became tense. Consequently, t...
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