Jharkhand Court August 2003 Judgments
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Rajendra Behl Vs. Commissioner, South Chotanagpur Division and ors.
Court: Jharkhand
Decided on: Aug-04-2003
Reported in: 2003(2)BLJR1577; [2003(3)JCR536(Jhr)]
1. This appeal is by a tenant as defined in the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, hereinafter referred to as the Act.2. The building was let out to the tenant on 15.8.1982 on a monthly rent of Rs. 2000/-. According to the tenant, the total area, of the premises let out to him was 7940 sq. ft. and the building had 14 rooms. In August 1983, the landlord filed a suit for eviction under the Act on various grounds including the ground of arrears of rent. Though the suit was decreed as a whole by the trial Court, in appeal, the High Court modified the decree and confined it to a decree for recovery of arrears of rent, thus, rejecting the claim for eviction.3. On 13.12.1991, the landlord filed an application under Section 5 read with Section 8 of the Act for fixation of fair rent in respect of the building. The tenant resisted the application. On 30.6.1992, the Rent Controller passed an order fixing the fair rent at Rs. 17,950/- per month with effect from 30.6.1992...
Radhika Sharma Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Aug-04-2003
Reported in: [2003(4)JCR253(Jhr)]
1. Pursuant to Annexure 1 advertisement dated 28.8.2002, the petitioner applied for appearing in the Primary Trained Teacher's Appointment Examination scheduled to be held in the State of Jharkhand. In column 2 there was no prescription of an upper age limit for appearing in the examination. The petitioner duly applied. The advertisement did not fix a date for the examination. It only indicated that the date of the examination will be announced later. But before any date could be announced for holding the examination, the non-prescription of an upper age limit and the qualification prescribed for selection were challenged before this Court in a series of writ petitions. On 3.12.2002, a division bench of this Court, to which one of us is party (R.K. Merathia, J.) struck down Rules 4(d) and 8(d) of Jharkhand Primary Schools Appointment Rules, 2002. Rule 4(d) fixed no upper age limit for candidates to appear in the ensuing examination alone and Rule 8(d) provided a qualification of middle...
Mahabir Sahu Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Aug-04-2003
Reported in: [2003(4)JCR699(Jhr)]
Tapen Sen, J.1. Heard Mr. S.B. Gadodia, learned counsel appearing for the petitioner and Mr. Ram Kishore Prasad, learned Additional Central Government Standing Counsel for the respondents.2. The petitioner is aggrieved by the order of punishment dated 1.3.1999 as contained in Annexure 4 by which the punishment of dismissal from service was inflicted upon the petitioner. The petitioner is further aggrieved by the order dated 5.7.1999 passed by the respondent No. 3 as contained in Annexure 7 confirming the aforementioned order of punishment. The petitioner Joined the armed forces in the year 1972 on the post of a Vehicle Mechanic. After completing 27 yeas of service, which, according to the petitioner, was totally unblemished, he was transferred to Ranchi in May 1997. It appears that while he was performing his duty in the Canteen Stores Department, an occurrence took place is a result of which a charge-sheet was issued against him. The charge-sheet contained four charges and these charg...
K.R. Industrial Projects Pvt. Ltd. Vs. Bihar State Electricity Board a ...
Court: Jharkhand
Decided on: Aug-04-2003
Reported in: [2003(4)JCR539(Jhr)]
Tapen Sen, J.1. Heard Mr. Biren Poddar, learned counsel for the petitioner and Mr. V.P. Singh, learned counsel for the respondents.2. The two amendment applications filed by the petitioner are allowed.3. The relevant but very short facts which need be taken note of so as to apply two Judgments of the Hon'ble Supreme Court of India are that after having been connected 250 KVA H.T. Load, the authorities of the Board recorded various meter readings on various dates (Annexure-2 series) and found the meter to be in order. However, on 3.4.2000, while taking the readings, they made the following note :--'the meter is giving absurd reading. Hence, the meter may be declareddefective.'It is thereafter that a controversy erupted including issuance of the Bill for a sum of Rs. 3,24,161/-, which is contained in Annexure-4. In the Bill, it has been mentioned as follows :--'Meter defective from 2/2K as per Meter reading statement dated3.4.2000-38781.'4. The petitioner has made a grievance that therea...
Smt. Shyama Devi Vs. Union of India (Uoi) and anr.
Court: Jharkhand
Decided on: Aug-04-2003
Reported in: [2004(1)JCR242(Jhr)]
ORDER1. This appeal has been filed under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as the 'Act') against the order dated 18.10.1997, passed by the Presiding Officer, Labour Court, Ranchi, in W.C. Case No. 8 of 1995.2. The appellant filed application under the Act for compensation on account of death of her husband on 16.2.1994. Her husband was in railway service and was posted as Switch Man at Rajhara railway station of the Eastern Railways, under its Dhanbad Division.3. On 5.2.1994 at about 4 p.m., a group of anti-social elements armed with deadly weapons trespassed the office of the Station Master of the said railway station and damaged the railway property. On the said date, the appellant's husband was on duty from 8 a.m. to 4 p.m. and thereafter he left his office and reached his quarter which was near by the railway station, at 4.30 p.m. On hearing halla and sound of firing in the office of the Station Master, he took his licensed gun and proceede...
Sheodeep Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-01-2003
Reported in: [2003(3)JCR573(Jhr)]
ORDERS.J. Mukhopadhyaya, J.1. This application has been preferred by the petitioner for issuance of an appropriate writ/ writs, direction/directions or order/orders commanding upon the respondents to forthwith quash the directions issued by the 4th respondent-Jai Shankar Tiwari the then Deputy Commissioner, Ranchi under whose directions, local elected Committee of the petitioner's school, namely, D.A.V, School, Dhurwa has been ousted and one another group of persons has been permitted to take all the administration and managerial work of the school.Further prayer has been made to direct the respondents to permit the legally elected Managing Committee to take over the administration and management of the school pursuant to the election held on 30th June, 2002.2. According to the petitioner, the last election of Arya Samaj was held on 6th October, 2002 in which seven Office Bearers were elected, - namely, (i) Pradhan; (ii) Deputy Pradhan; (iii) Mantri; (iv) Deputy Mantri; (v) Treasurer; ...
Purna Chandra Mahato Vs. State of Bihar
Court: Jharkhand
Decided on: Aug-01-2003
Reported in: 2004CriLJ1358; [2003(3)JCR521(Jhr)]
Amareshwar Sahay, J. 1. The petitioner was convicted for committing the offence under Section 406 of the Indian Penal Code and was sentence to undergo Rigorous Imprisonment for two years by the trial Court. 2. The appellate Court also by judgment dated 30.8.1997 in Cr. Appeal No. 47 of 1994, affirmed the conviction and sentence passed against the petitioner. 3. The petitioner has filed this revision against the aforesaid judgment of the trial Court as well as of the appellate Court. 4. The prosecution case in short is that under Jaldhara Scheme 08 wells were to be dug and the accused executed eight agreements as an executing agent and to start with the construction of wells he was advanced Rs. 40,000/- (i.e. 5000/- per well) and according to the terms of deed of agreement he was required to compete the construction of all the eight wells by 30.6.1988, but till the month of June, 1989, he had not even started the construction works of four wells, he had done works only of Rs. 5,673/- in...
Eastern Coalfields Ltd. Vs. State of Bihar and ors. Etc.
Court: Jharkhand
Decided on: Aug-01-2003
Reported in: 2003(51)BLJR1964; [2003(3)JCR524(Jhr)]
ORDER1. These writ petitions are by the Eastern Coalfields Limited. They seek to challenge the attempt to recover the dead-rent from it under Section 9A of the Mines and Minerals (Regulation and Development) Act, 1957. The petitioner approached this Court when certificate cases under the Bihar and Orissa Public Demands Recovery Act were initiated against the petitioner for recovery of such dead rent. On 6.3.2000.. The Patna 'High Court disposed of the writ petitions observing that the petitioner had a remedy by way of revision under Rule 54 of the Mineral Concession Rules, and that this being a dispute between a Government Company and the State of Bihar, the issue had to be decided in the light of the decision of the Supreme Court in Oil and Natural Gas Commission v. The Collector of Central Excise, 1998 Suppl. (2) SCC 432. The Court declined to go into the question on the ground that the dispute could not be resolved by the Court in exercise of the writ jurisdiction. This decision of ...
Triveni Ram Vs. State of Jharkhand Through D.C. and ors.
Court: Jharkhand
Decided on: Aug-01-2003
Reported in: [2003(3)JCR557(Jhr)]
ORDERS.J. Mukhopadhaya, J. 1. This writ petition has been preferred by the petitioner for direction on the respondent to allot him a Quarter of 3rd Grade Category as per the actual station seniority list dated 30th August, 1995.2. The grievance of the petitioner is that his claim for allotment of a Quarters of 3rd Grade category has been illegally and deliberately ignored by the respondents who have adopted the pick and choose policy and allotted Quarters who are junior to the petitioner, such as respondent Nos. 4 to 6 vide order dated 11th March, 2003.3. In the station seniority list, the name of petitioner having shown above some of those who have already been allotted Quarters of 3rd Grade Category, Superintendent of P.M.C.H. Dhanbad was directed to appear before the Court to explain the position.4. In pursuance of Court's order, Smt. Renu Bala, Superintendent, P.M.C.H. Dhanbad appeared on 30th July, 2003 and produced photo stat copies of certain orders and letters including letter ...
Brojo Bala Trust and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-01-2003
Reported in: [2003(4)JCR685(Jhr)]
Tapen Sen, J. 1. Heard the parties,2. In the instant case, the petitioner has prayed for issuance of a Writ of Mandamus commanding upon the respondent authorities to pay perpetual annuity fixed by the State of Bihar under the land Reforms Act at the rate of Rs. 25,602,65 per annum since the date of vesting after deducting the interim payments made to the petitioner to the rate of Rs. 1750/- per annum which was paid till 31.3.1974. They have further prayed for a declaration declaring that the authorities are liable to pay interest at the rate of 18% per annum and to pay interim amount with effect from 1.4.1974 till the date of payment together with interest thereon.3. The case of the petitioner, namely, Brojo Bala Trust is that it is a Trustee which was called the Brojo Bala Trust Estate and it was created by the Maharani of Hatampur in the District of Birbhum. The petitioner claims to hold power of attorney on behalf of the other trustees. Here at this stage it would be relevant to tak...
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