Jharkhand Court August 2003 Judgments
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Gadadhar Roy Vs. Chhediram Parsuramka
Court: Jharkhand
Decided on: Aug-20-2003
Reported in: [2004(3)JCR177(Jhr)]
ORDERGurusharan Sharma, J.1. Heard the parties plaintiff-opposite party filed Title (Eviction) Suit No. 2 of 2001, under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 for defendant's eviction from the suit holding No. 922 situated in Godda town. Defendant besides challenging the maintainability of the suit at the instance of the plaintiff and for rejection of the plaint under Order VII, Rule 11 of the Code of Civil Procedure, filed a petition (Annexure-3) purporting to be under Section 14(4) of the Act on 28.8.2001 with a prayer to grant leave to contest the suit and also raised question of maintainability thereof. A perusal of the said petition, Annexure-3 reveals that absolutely no ground, as required under Section 14(4) of the Act to contest the suit was mentioned therein. Therefore, in fact it was not a petition for grant of leave to contest, under Section 14(4) of the Act. In such circumstance, the Trial Court was authorized to pass eviction order ...
Chotanagpur Motor Kamgar Union Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-20-2003
Reported in: [2004(2)JCR140(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition has been preferred by petitioner for direction on 11th and 12th respondents to remove the Trekker Stand situated on National High Way 33 (for short N.H. 33), Ramgarh-Ranchi Route near the tyre more, Ramgarh or any other suitable place near Bijulia Railway Station.It has also prayed for issuance of writ of certiorari for quashing of Memo No. 499 dated 2th July, 2003 issued by 3rd respondent, Sub-Divisional Officer (for short S.D.O.), Ramgarh, Hazaribagh.2. According to petitioner, neither S.D.O., Ramgarh, Hazaribagh, nor Cantonment Authority has jurisdiction to declare any place as 'bus stand'. The Memo No. 499 dated 2nd July, 2003 is contrary to Section 117 of the Motor Vehicle Act, 1988 (for short M.V. Act) read with Rule 191 of the Bihar Motor Vehicle Rule, 1994 (for short 'Rule 1994') and Section 61 of the Cantonment Act, 1924.Further, according to petitioner a registered Trade Union, it represented the 10th respondent on 3rd May, 2002 to r...
Mohan Lal Mahto Vs. Parsu Ram Mahto and ors.
Court: Jharkhand
Decided on: Aug-18-2003
Reported in: 2003(3)BLJR1889; [2003(4)JCR176(Jhr)]
P.K. Balasubramanyan, C.J.1. Defendant in Title Suit No. 147 of 1975/14 of 1978 on the file of the First Additional Subordinate Judge, Ranchi is the appellant in this appeal filed under Clause 10 of the Letters Patent. The suit was filed by the respondents herein, the plaintiffs, for declaration of their title over the plaint schedule property and for confirmation of their possession and, in the alternative, for recovery of possession on the strength of their title. The plaintiffs pleaded that the suit had been filed in the light of the proceedings initiated under Section 145 of the Code of Criminal Procedure and cloud cast on their title and possession. The defendant, the appellant herein, resisted the suit and in so far as it is relevant for the purpose of this appeal, contended that the suit was barred by Section 35 of the Bihar Land Reforms Act and also by Section 258 of the Chotanagpur Tenancy Act. The trial Court accepted the plea of the defendant that the suit was barred by Sect...
Gauri Shankar Tiwari Vs. Steel Authority of India, Bokaro Steel Plant ...
Court: Jharkhand
Decided on: Aug-18-2003
Reported in: [2003(4)JCR225(Jhr)]
M.Y. Eqbal, J.1. The petitioner has prayed for quashing the office order as contained in the letter dated 23.8.1992 issued by the Manager whereby the petitioner was informed that his representation for promotion to the executive cadre from nonexecutive has been refused.2. The petitioner entered in the service of the respondent in 1972 and posted in Quality Control Department. In 1977 the petitioner was promoted in higher scale of P-7 grade in the non-executive cadre. In 1982 he acquired the professional qualification of Associate Member of Institute of Chemist and consequently two increments was given to him. In 1984 the petitioner was transferred to Refractory Raw Material Plant. It is contended that the purpose of transfer the petitioner was to deprive him from promotional benefit from non-executive to executive cadre. The petitioner's further case is that in 1988 he was promoted to P-8 scale. The petitioner thereafter acquired the professional qualification of Associate Member of In...
Jagdish Prasad Singh and anr. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Aug-18-2003
Reported in: [2003(4)JCR395(Jhr)]
S.J. Mukhopadhaya, J. 1. In this writ petition, while the petitioners have challenged the order dated 23rd December, 1991 passed in SAR Case No. 81 of 1989-90 and order dated 2nd February, 1994 passed in SAR Appear No. 116(R)-15 of 1993, have also prayed to set aside the proceeding initiated under Section 71 (A) of the Chhotanagpur Tenancy Act, 1908 (for short CNT Act).2. The case of petitioners is that the land in question under Khata No. 37, Plot Nos. 268, 344, 345, 386, 397, 416, 422, 423, 449, 625, 840, 841, 1068, 1071, 1074, 1075, 1076, 1083, 1255, 1256, 1257 and 1258 having total area of 30.55 acres originally belonged to Birsa Munda s/o, Mangra Munda and Prabhu Sahay Munda s/o Alias Munda of village Saranloya, P.S. Lapung, District- Ranchi. It was auction sold on 18th July, 1936 in favour of one Jagarnath Chandra Sahu in pursuance of Rent Execution case No. 1674(R)-9/1935-36, who took delivery of possession on 23rd October, 1937, from the Rent Suit Deputy Collector. Ranchi. One ...
Ram Mohan Nath Singh Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Aug-18-2003
Reported in: [2003(4)JCR432(Jhr)]
M.Y. Eqbal, J. 1. The petitioner has prayed for issuance of a writ of certiorari for quashing the order of punishment passed by the respondents as Disciplinary Authority as also the appellate authority whereby the petitioner has been removed from service after holding departmental inquiry. 2. The petitioner is a constable in CISF unit BLSM, Bhawnathpur. In 1994 he was served with a memo of charge dated 23.11.1994 by the Commandant, The charges are as follows : Article-I--Gross misconduct and indiscipline in that No. 874580044 Const. R.M.N. Singh of CISF Unit, BLSM, Bhawanatpur while undergoing rotational training at CISF Unit BSL Bokaro, at about 21.51 hrs. on 30.9.1994 threatened Cost L. Tirkey of Crime Section by pointing out a long knife (gupti) with dire consequences. Article-II--Gross indiscipline and misconduct in that No. 874580044 Const. R.M.N. Singh of CISF Unit, BLSM, Bhawanatpur, while undergoing rotational training, at CISF Unit BSL Bokaro, at about 21.15 hrs on 30.9.1994 ...
Suresh Mahto and anr. Vs. Sant Kumar Mahto
Court: Jharkhand
Decided on: Aug-18-2003
Reported in: AIR2004Jhar44; [2003(4)JCR398(Jhr)]
Vishnudeo Narayan, J. 1. This appeal at the instance of the plaintiff-appellants is directed against the judgment and decree dated 21.6.1988 and 1.7.1988 respectively passed in Title Appeal No. 41 of 1976 by Shri Satyendra Singh, 4th Additional District Judge. Palamau at Daltonganj whereby and whereunder the appeal on remand was again dismissed affirming the judgment and decree dated 15.9.1976 and 3.11.1976 respectively passed in Partition Suit No. 3 of 1968 by Shri Shyam Narain Shukla, Subordinate Judge, Palamau.2. The plaintiff-appellants had filed the said partition suit for partition of the joint family properties claiming. If share therein detailed in Schedule of the plaint and allotment of a separate Thakta of their half share and putting them in exclusive possession thereof. The plaintiff-appellants have also sought further relief by way of amendment of the plaint that their title and possession in respect of properties appertaining to Khata No. 34 of village Itko detailed in Sc...
Ram Sagar Pandey Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Aug-18-2003
Reported in: [2003(4)JCR544(Jhr)]
Tapen Sen, J.1. Heard Mr. Praveen Shankar Dayal, learned counsel for the petitioner: Mr. Delip Jerath, learned counsel for the respondent Nos. 2 and 3 and Mr. Pankaj Kumar, learned JC to Mr. A. Allam, learned counsel for the respondent No. 1 (State of Bihar).2. The petitioner is aggrieved by the order dated 29.5.1999 as contained in Annexure 7 issued by the Managing Director of the Bihar State Seed Corporation Limited by which his services have been terminated. The petitioner has further prayed for a direction upon the respondents to reinstate him together with all consequential benefits and also to pay to him the arrears of minimum pay scale from the date of appointment, i.e., 10.6.1985 till date of termination alongwith the admitted dues of Rs. 34,480/- which was admitted to be payable to the petitioner vide letter dated 21.6.1999 as contained in Annexure 9. The petitioner further prays for interest at least at the rate of 10% on the said amount for non payment till date.3. The facts...
Arsul SwaIn Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-18-2003
Reported in: 2004CriLJ1842
ORDERAmareshwar Sahay, J. 1. In this application the petitioner has prayed for quashing of the First Information Report being SC/ST Ranchi P. S. case No. 9 of 2003 (G.R. No. 879 of 2003) registered under Sections 147, 341, 323, 447, 504 of the Indian Penal Code as well as Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioner and others on the written information lodged by one Ganesh Ravi Das.2. The allegations in the F.I.R. by the informant is that he belongs to Scheduled Caste (Chamar), was employed in MECON at Doranda, Ranchi. In a meeting held on 27-1-2003 in the community hall of all the employees of MECON under the Presidentship of Chairman-Cum-Managing Director. In the said meeting the informant is said to have stated that some of the employees of MECON have rented their official residence to the outsiders and thereby entry of antisocial elements in. the colony has increased and therefore, inhabitants of the colon...
Bishwanath Sah @ Mandal and ors. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-16-2003
Reported in: 2003(3)BLJR2062
Amareshwar Sahay, J.1. Heard the parties.2. In this application the petitioners have prayed for quashing of the order dated 3rd July, 2002 passed by the 1st Additional Sessions Judge, Godda in Criminal Revision No. 12 of 2002 whereby the learned Additional Sessions Judge, set aside the order dated 17-1-2002 passed by the S.D.M., Godda in T.R. Case No. 4 of 2001.3. On the basis of an application filed by the First Party-Opposite Parties, a proceeding under Section 144 Cr. P.C. was initiated and subsequently converted into a proceeding under Section 145 Cr. P.C. with respect to bona fide dispute with regard to possession of the land in dispute between the parties. Both the parties on receipt of notices under Section 145 Cr. P.C. filed their respective written statements.4. On 7-7-2001, an application was filed by the Second Party-Petitioners to drop the proceeding on the grounds mentioned in their application. The First Party-Opposite Parties filed rejoinder objecting to the petition fil...
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