Jharkhand Court September 2003 Judgments
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Bimla Devi and anr. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: I(2004)DMC350; [2003(4)JCR264(Jhr)]
S.J. Mukhopadhaya, J.1. This writ application has been preferred by the petitioners against the appellate order dated 8th June, 1989 passed by 3rd respondent and the second appellate order dated 22nd October, 1990 passed by 4th respondent. The appellate authority allowed the appeal preferred by contesting respondents and the second appellate authority affirmed the appellate order.2. To appreciate the case, it is better to reproduce the undisputed genealogy of the family of petitioners as shown hereunder : Matuk Nath @ Matru Jha | ____________________________|______________________________ | | | | Ramnath Jha Umanath Jha | | | | Nanumani Jha Balkuntha Jha Wife Baleshwari Devi Widow Sudama Devi | (plaintiff) __________|___________________________ | | | | | | | | | | | Devendra Jha Upendra Jha Jahanbi Jha Gyanbi Jha | | | ____________|___________ | | | | | | | | | | Kamla Devi (D) Bimla DeVI | | W/O Shambhunath Thakur | |___________________________________________________ | | | | | | | ...
Western U.P. Coal and Fuel System Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: [2003(4)JCR283(Jhr)]
S.J. Mukhopadhaya, J.1. In all these cases, as common questions of law Involved and similar decisions of suspension of supply of coal are under challenge, they were heard together and are being disposed of by this common order.2. The common case of the petitioners is that they are linked consumer of Coal Companies, such as, Bharat Coking Coal Limited (for short BCCL) and Central Coalfields Limited (for short CCL). They have been granted linkage by Coal India Limited (for short CIL) and used to lift coal from their linked Coal Companies.3. Their grievances is that the respondents by different orders, which are under challenge herein, have either suspended supply of coal in their favour or rejected their request to supply coal and submitted adverse report against them.4. The petitioner M/s. Western U.P.. Coal and Fuel System of WP (CJ No. 530 of 2003 has challenged the Wireless Message No. BCCL : S&M; ; F-41 : 676 dated 26th October, 2002, whereby the Deputy Chief Sales Manager (R&S;) of...
industrial Resources and Monolithics Pvt. Ltd. Vs. Bihar State Electri ...
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: [2003(4)JCR11(Jhr)]
M.Y. Eqbal, J.1. The short question that falls for consideration in this writ application is whether the respondent- Board is justified in raising bill for Annual Minimum Guarantee Charges against the petitioner's unit which has not completed 12 months of its production in the new industry.2. The facts of the case, in brief, is that the petitioner entered into an agreement with the Board on 24.10.1992 for supply of electricity in its new industry with a contract demand of 85 KVA. In terms of the agreement supply of electricity commenced from 2.06.1992 and the petitioner started production from June 1992. Petitioner's case is that there has been consistent power trippings and power failure by the Electricity Board and the petitioner was unable to consume electricity. The petitioner received a bill of AMG for the year 1992-93 for a sum of Rs. 33,593 units.3. Mr. M.S. Mittal, learned counsel appearing for the petitioner submitted that the petitioner-unit came into production only from Jun...
Sitlal Baitha @ Ram and ors. Vs. Rudi Chamar and ors.
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: [2003(4)JCR233(Jhr)]
Vishnudeo Narayan, J.1. This appeal has been directed at the instance of defendants appellant against the impugned judgment and decree dated 1.5.1990 and 11.5.1990 respectively passed in Title Appeal No. 30 of 1988 by Shri Surya Kant Mishra, 7th Additional District Judge, Palamau at Daltonganj whereby and whereunder the judgment and decree dated 26.4.1988 and 6.5.1988 respectively passed by Sub-Judge, Garhwa in Title Suit No. 11 of 1983 was set aside and the appeal filed by the plaintiffs respondent was allowed.2. The plaintiffs respondent had filed Title Suit No. 11 of 1983 on 20.01.1983 for a declaration that plot No. 496 appertaining to Khata No. 14 having an area of 71 decimals (hereinafter referred to as the suit land) situate in village Arsali Tola, Jhunri, P.S. Bhawnathpur, District Palamau is the occupancy raiyati land of the plaintiffs respondent and the defendants appellant have no interest therein and they have further sought confirmation of their possession in respect of th...
industrial Mazdoor Congress Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: [2003(4)JCR238(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition has been preferred by petitioner against the letter dated 5th June, 2003 issued by the 2nd respondent. Under Secretary Ministry of Labour, Government of India, New Delhi, whereby and whereunder the Union of India granted permission for closure of Surda Mines, Mosaboni Concentrator Plant and other allied departments of M/s. Hindustan Copper Limited.Further prayer has been made to set aside the circular dated 7th June, 2003 issued by 3rd respondent whereby and whereunder 7th June, 2003 was shown the date of closure of Surda Mines, Mosaboni Concentrator Plant and other allied departments.2. According to petitioner, the action on the part of the respondents is arbitrary and mala fide. They have not acted in accordance with law, nor applied their mind towards growth of the Company, namely, M/s. Hindustan Copper Limited. Their action is not only against the workmen but against the welfare of the tribal of the Sinbhum copper belt.It is alleged that t...
Manik Chand Ghosh Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: [2004(1)JCR51(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. As both the writ petitions have been preferred by the common petitioner and relate' to date of birth, they were heard together and are being disposed of by this common order.2. In WP(S) No. 3343 of 2002, the petitioner has challenged the order, contained in letter No. 2617 dated 23rd February, 2002, whereby and whereunder, the petitioner has been communicated the date of birth as assessed by the Date of Birth Committee i.e., 11th of August, 1943. Further prayer has been made to direct the respondents to treat his date of birth as 17th April, 1953.3. IN WP(S) No. 4137 of 2003, the petitioner has challenged the order, contained in Reference No. N/PD/1602 dated 4th March, 2002 issued by the project Officer, Nichitpur Colliery, so far as it relates to petitioner, whereby and whereunder, the petitioner has been informed the date on which he was to retire on attaining the age of 60 years i.e., 3-1 st August, 2002.4. According to the petitioner, he was appointed i...
Hari Shankar Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: [2003(4)JCR436(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This application has been preferred by the petitioner against the Notification No. 740 dated 9th October, 2002 and Resolution No. 739, dated 9th October, 2002 issued by the State of Jharkhand, whereby and whereunder, the petitioner has been placed under suspension and a departmental proceeding has been initiated.The petitioner has also challenged the order dated 27th November, 2002 whereby the respondent have rejected the petitioner's request for change of Enquiry Officer and the Presenting Officer.2. The main plea taken by the petitioner is that the order of suspension and departmental proceeding both have been issued at the instance of the 4th respondent-Smt. Raj Bala Verma who is also the Registrar, Co-operative Societies, Government of Jharkhand because of mala fide on her part and bias against the petitioner, the petitioner has also alleged bias the Enquiry Officer and the Presiding Officer, appointed by the 4th respondent-Smt. Raj Bala Verma.The petit...
Spicy Beverages Pvt. Ltd. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: [2003(4)JCR442(Jhr)]
S.J. Mukhopadhaya, J.1. This application has been preferred by the petitioner against the order dated 12th April, 2003 passed by the Member, Board of Revenue, Jharkhand, Ranchi in Case No. 16/2003, whereby and whereunder, the application of petitioner for grant of exclusive privilege/licence for manufacture and wholesale supply of spiced country liquor in the State of Jharkhand has been rejected.2. The case of the petitioner is that the petitioner is a Company incorporated under the Companies Act, 1956 having its registered office at Gandhi Road, Dhanbad in the State of Jharkhand. The Member, Board of Revenue, Jharkhand issued a Gazette Notification on 30th January, 2002 publishing Notice Inviting Tender (N.I.T. for short) dated 29th January, 2002 for grant of exclusive privilege for manufacture and whole sale supply of spiced country liquor in the State of Jharkhand for the period from 1st April, 2002 to 31st March, 2005, dividing the area of supply into five zones, each zone consisti...
Jalaj Kumar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: [2003(4)JCR448(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition has been preferred by petitioner for issuance of an appropriate writ/writ(s), order/order(s) in the nature of mandamus directing and commanding the respondents to pay the arrears of salary, which is due for the month of February, 2002 and from May, 2002 to up till date.2. According to petitioner, a Legal Aid Committee was constituted for the High Court under the Bihar State Weaker Section Legal Aid Act, 1983 (Act 1983 for short). The Government of Bihar from its Law (Legal Aid) Department created ministerial posts of Lower Division Clerk, Typist and the posts of Peon vide Memo No. 30 LA/Patna, dated 26th February, 1983. He was appointed as one of the typists by Government of Bihar Memo No. 129/L, dated 24th May, 1983 in the then scale of Rs. 580-860/- for the Ranchi Bench of the Patna High Court Legal Aid Committee. He joined the post of typist on 16th May, 1983 which was reported by the Executive Member, Legal Aid Committee, Ranchi Bench of t...
Raj Nandan Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: [2003(4)JCR411(Jhr)]
S.J. Mukhopadhaya, J. 1. The writ petition has been preferred by petitioner for issuance of an appropriate writ(s), direction(s) or order(s) commanding upon the respondents, particularly, 1st and 2nd respondents to forthwith regularize his service along with all consequential benefits w.e.f. 24th May, 1983/11th August, 1983 on the post of Peon i.e., the date he was initially appointed in the Legal Aid Committee and to direct the respondents to release salary in his favour due since February, 2002.2. The case of the petitioner is that he was appointed as a Peon by the Government of Bihar for Ranchi Bench of the Patna High Court Legal Services Committee by office order No. LA 1068/82/7/LA dated 10th August, 1983 and since then he is working as a Peon.Initially, the Legal Aid Committee was constituted under the Bihar State Weaker Section Legal Aid Act, 1983 (for short Act, 1983), to extend free Legal Aid to the weaker section of the Society and to save them from being deprive of the 6ppor...
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