Jharkhand Court August 2003 Judgments
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Ashok Kumar Pal Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-13-2003
Reported in: [2004(2)JCR345(Jhr)]
ORDERTapen Sen, J.1. Heard. Mr. R.P. Gupta, learned' counsel for the petitioner and Mr. A. Bannerji, J.C. to G.A. for the State respondents and with their consent this Writ Application is being disposed off at this stage.2. The petitioner in the instant case has prayed for quashing the Order dated 12.6.2002 passed by the Deputy Commissioner, West Singbhum, at Chaibasa rejecting the application filed by the petitioner for compassionate appointment.3. The underlying object behind compassionate appointment is to enable a family to tide over the misery that befalls it on account of the death of the bread winner. However, compassionate appointment must be given immediately after the death and the matter should not be allowed to be kept in abeyance for a long period of time because if such matter is delayed then the very object for which this concept took shape will be frustrated.4. However, the facts of this case is totally different and they are that on 24.9.1993 while the father of the pe...
Tata Iron and Steel Company Ltd. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-12-2003
Reported in: [2003(4)JCR149(Jhr)]
P.K. Balasubramanyan, C.J.1. The Tata Iron, and Steel Company Limited (TISCO), an assessee to sale tax under the Bihar Finance Act and claimed the benefit of the Jharkhand Industrial Policy, 2001 and the notification issued pursuant thereto under Section 22 of the Bihar Finance Act. The assessee had established an industrial unit in the former State of Bihar, now Jharkhand. It had also set up a unit for the manufacture of Cold Rolled Products, a new product not manufactured by the company until then. According to the company, it had invested more than Rs. 1300 crores in that unit and in respect of that unit; it had claimed the benefit of the Bihar Industrial Policy, 1995. The question whether the petitioner company was entitled to claim the benefit of the Industrial Policy, 1995 was now pending decision in the Supreme Court, the High Court having remanded the claim of the petitioner in that behalf for re-consideration by the Commissioner of Commercial Taxes and on that being challenged...
Dwarika Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-12-2003
Reported in: 2005ACJ1605; AIR2004Jhar66; [2003(4)JCR695(Jhr)]
ORDERTapen Sen, J. 1. In this writ application, the petitioner prays for a direction upon the respondents to pay compensation to him and to provide appointment to the dependent of deceased Rajnish Prasad @ Dablu who died in a bomb explosion. The petitioner is the father of deceased Rajnish Prasad @ Dablu.2. The petitioner has stated that on 7.12.2001 Dablu died in a bomb blast in the house of one Bramhdeo Sharma and this incident occurred on account of police negligence who had directed the deceased to open a parcel containing a live bomb. It has further been stated that on the fateful day, one Bramhdeo Sharma informed the police that he had received a parcel which was delivered by a postman. Considering the size of the parcel he kept the same at the back of the house on a wooden log and tried to remove the cover. He found a lunch box inside the parcel and the corners were sealed with leukoplast. He became suspicious. Thereafter he informed the police and a wireless message was sent by...
The Oriental Insurance Company Ltd. Vs. Arlina Marandi @ Arlina Dutta ...
Court: Jharkhand
Decided on: Aug-12-2003
Reported in: II(2004)ACC4; [2004(2)JCR113(Jhr)]
ORDER1. Heard. On 24.5.1995, Ajit Dutta, who was aged about 42 years and was employed as teacher and was getting monthly salary above Rs. 5000/- lost his life in a motor accident. While going to hospital to attend his ailing mother by his Motor Cycle, on the way he was dashed by a Bus (BRL-2874) belonging to M/s. Dumka Transport (Private) Limited.2. His widow and minor children filed Title Claim Suit No. 40 of 1995 under Section 166 of the Motor Vehicles Act. 1988 (hereinafter referred to as 'the Act'). Both owner as well as Insurer of the Bus, namely. Oriental Insurance Company Limited were impleaded as parties. Both of them filed separate written statement. After the insurer is made a party to a claim case, under Section 149(2) of the Act, it is entitled to defend the action on the ground enumerated under the said provision and no other ground is available to it. It can avoid its liability only in accordance with what has been provided for in Section 149(2). Motor vehicle accident cl...
Employers in Relation to the Management of Jealgora Colliery of B.C.C. ...
Court: Jharkhand
Decided on: Aug-12-2003
Reported in: [2004(1)JCR564(Jhr)]
ORDER1. Heard both sides.2. This appeal is by the Management. The appellant challenges the decision of the learned Single Judge setting aside a notice of termination of an Award in terms of Section 19(6) of the Industrial Disputes Act, 1947 and issuing a direction which, according to the appellant, went against the prior binding direction issued by a Division Bench of this Court.3. The facts are not much in dispute. There was an Award in Reference No. 51 of 1990 dated 19.5.1992 which directed the Management to give employment as general mazdoors to 111 workmen within four months of publication of the Award. The Management challenged that Award in CWJC No. 3430 of 1992 (R). By judgment dated 17.1.1994, the Award was confirmed. The Court directed that the workmen who are entitled to the benefit of the Award be identified. This appeared to be for the reason that the Award mentioned only the names of the workmen and gave no other particulars, like the name of the father, age, address and s...
Sidhu Kanhu University and anr. Vs. Prof. Raghu Nath Ray and ors.
Court: Jharkhand
Decided on: Aug-12-2003
Reported in: [2004(1)JCR613(Jhr)]
ORDER1. This appeal has been filed by the Sidhu Kanhu University and its Registrar against the order dated 10.12.2002, passed by the learned Single Judge, in WP (S) No. 5450 of 2002, whereby the University was directed to fix and pay the pension amount of the eight writ petitioners in accordance with the Statue, taking into consideration the last pay drawn by them, without giving effect to the provisions of Section 58(10) of the Bihar State Universities Act, 1976 (hereinafter referred to as 'the Act')2. Admittedly all the writ petitioners, who are respondents 1 to 8 in this appeal were working as Reader in different Colleges of the University. All of them were promoted to the post of University Professor provisionally by the Screening Committee on temporary basis, subject to the recommendation of the Bihar State Universities (Constituent Colleges Service Commission) (for short 'Commission'). In this regard notifications dated 1.9.1987, 11.5.1988 and 18.2.1989 were Issued giving them su...
Sita Ram Sah Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Aug-12-2003
Reported in: [2005(3)JCR98(Jhr)]
ORDERVishnudeo Narayan, J.1. This appeal has been preferred by the sole appellant named above against the impugned judgment and order dated 18.1.2003 passed in Sessions Case No. 218 of 2002 by Shri Ram Babu Gupta, Additional Sessions Judge, Fast Track Court No. II, Deoghar whereby and whereunder he has found the appellant guilty for the offence punishable under Section 366A/34 of the Indian Penal Code and has convicted him and sentenced him to undergo RI for eight years and to pay a fine of Rs. 20,000/- and in default thereof to undergo simple imprisonment for one year and out of the fine amount 60% of it shall go to the complainant, i.e., father of the victim.2. The prosecution case has arisen on the basis of the complaint petition (Ext. 2) lodged on 24.8.2001 against the appellant beside one co-accused Arjun Yadav by PW 1 Bhim Sah, the father of Sarli Kumari aged about 13 years who is the victim of this case before the Court of Chief Judicial Magistrate, Deoghar regarding the occurre...
Balram Hazam and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Aug-11-2003
Reported in: [2003(4)JCR179(Jhr)]
M.Y. Eqbal, J.1. Heard the parties.2. This writ application has been filed by the petitioner for quashing the order dated 3.7.1995 passed by the Circle Officer, Sonahatu directing restoration of land in favour of respondent No. 3.3. The petitioner's case is that the land of Khata No. 37 plot No. 100 area 0.77 decimals of village Jamudag, P.S. Sonabhatu, District. Ranchi was recorded in the name of Jhasu Munda who had surrendered the said plot to the Ex-landlord Thakur Pitambar Singh in 1942. The Ex-landlord after resuming the land settled, it with the father of the petitioner Balram Hazam by Soda Hukumnama dated 13.4.1944 and 5.1.1945 followed by grant of rent receipts. The petitioner's father came in possession of the said land and paid rent to the Ex-landlord and after vesting of Zamindari to the State of Bihar. The respondent No. 3 who was recorded raiyat filed an application for restoration of land under Section 71-A of CNT Act which was registered as SAR 1 of 1994-95 before the Sc...
Bijay Kumar Vs. the Adityapur Industrial Area Development Authority an ...
Court: Jharkhand
Decided on: Aug-11-2003
Reported in: [2003(4)JCR688(Jhr)]
Tapen Sen, J. 1. An Amendment Application was filed in this case on 24.1.2000. However, the number was wrongly mentioned as CWJC No. 3345 of 1999(R) while this case is CWJC No. 3445 of 1999. Mr. Sunil Kumar Sinha, learned counsel for the petitioner therefore prayed permission to make necessary corrections. Let him do so during the course of the day. The Amendment Application is allowed.2. Mr. Sunil Kumar Sinha, learned counsel for the petitioner submits that although he had made numerous prayers, he however now, confines the writ application only to the extent indicated below :--'(A) That his services which he was rendered on the post of Typist-cum-Clerk up to the stage when he has regularized as a Computer Assistant be ordered to be treated as a valid service so that the same enures to his benefit for all purposes;(B) That the respondents be restrained from treating the aforementioned period i.e., from 1985 to 1998 as an ad hoc period and they be directed to treat this as valuable ser...
Md. Waliullah Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-11-2003
Reported in: [2004(1)JCR273(Jhr)]
ORDER1. Admittedly, the appellant was working as assistant teacher in a minority institution, namely, Central Karimia High School, Jamshedpur and on completion of 58 years of age, he retired on 31.1.1993.2. In the meantime, on 20.6.1991, an administrative order of the State Government in the Department of Human Resource Development was issued by Memo No. 378, by the Deputy Education Director, Secondary Education, Bihar that pursuant to polity decision that the teachers of minority secondary school are to be provided all those amenities and benefits, which were available to the teachers of nationalized Secondary Schools, those teachers, who were to superannuate on 31.10.1989 or thereafter after attaining 58 years of age be not made to retire and after formal order regarding enhancement of their superannuation from 58 years to 60 years, like those Nationalized School teachers was issued, only thereafter payment of their salary for the period for which they worked in the meantime, shall b...
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