Jharkhand Court September 2003 Judgments
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Jesmine Tiru Vs. Ram Awdhesh Singh and anr.
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: [2004(1)JCR27(Jhr)]
ORDERGuru Sharan Sharma, J.1. The plaintiffs filed Eviction Suit No. 6 of 1996 purporting to be under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act') against the defendant for eviction from the' suit premises, detailed in Schedule 'A' to the plaint. The suit proceeded ex-parte and was decreed on 11.9.1997.2. The defendant thereafter on 23.2.1998 filed Misc. Case No. 3 of 1998 under Order IX, Rule 13 of the Code of Civil Procedure , which was allowed on 4.6.1999 and the ex-parte decree dated 11.9.1997 was set aside. On 23.6.1999 the defendant filed petition stating that in the plaint besides the claim of personal necessity, the plaintiffs have also made averments regarding the defendant's default in payment of rent and damages to the suit premises and thereby commission of breach of tenancy and have also claimed arrears of rent and, therefore, the suit under Section 14 was not maintainable.3. On 4.8.1999 the plaintiff...
Sukhram Singh Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: [2003(4)JCR457(Jhr)]
Vishnudeao Narayan, J. 1. This appeal at the instance of the appellant has been preferred against the impugned judgment and award dated 10.7.1989 and 25.7.1989 respectively passed in Land Acquisition Reference Case No. 89 of 1986 by Shri Prabhu Nath Lall, Land Acquisition Judge, Dhanbad where by and whereunder the said reference case was allowed in part. 2. The State of Bihar (now Jharkhand) had acquired 74.57 acres of land of village Jharna P.S. Jharia, District Dhanbad for B.C.C.L. for the construction of magazine vide notification dated 30.7.1983 under Section 4 of the LA Act (hereinafter referred to as the said Act) and the declaration under Section 6 of the said Act was also made on 30.7.1983 and the notification under Section 4 and the declaration under Section 6 of the said Act were published in the District Gazette on 16.8.1983 and notice under Section 9 was issued to the appellant Sukhram Singh along with Rajaram Singh, Joyram Singh and Sheo Kumar Singh in respect of 12.81 acr...
Techno Fuel (India) Ltd. Vs. Coal India Limited and ors.
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: [2003(4)JCR703(Jhr)]
S.J. Mukhopadhaya, J. 1. The petitioner has challenged the order dated 13th Mach, 2002 issued by the General Manager (S&M;) (HQ), Coal India Limited (for short CIL), whereby and whereunder, the application of petitioner for revalidation of coal clearance certificate/linkage, has been rejected on the ground of inadequate availability of coal.2. The petitioner initially established its unit at Patratu and a Coal Clearance Certificate/Linkage was granted in its favour vide order, contained in letter No. 208-09 dated 4th/6th October, 1989 issued by the CIL Calcutta. It was valid for two years.3. There being dispute of land and Naxalite problem, the petitioner shifted its Unit to Rohtas (now in the State of Bihar), and, in the meantime, the period of Coal Clearance Certificate/Linkage expired.4. As per terms and conditions the petitioner applied for extension of coal linkage which was placed before the Managing Committee of CIL which vide its meeting held on 24th December, 1998, vide Agenda...
Umesh Kumar Shah and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: I(2004)DMC260; [2004(1)JCR687(Jhr)]
Vishnudeo Narayan, J.1. This appeal has been directed by the appellants named above against the impugned judgment and order dated 27.3.1997, passed in Sessions Trial No. 609 of 1995 (T.R. No. 57 of 1995) by Shri Aloke Kumar Sinha, 6th Additional Judicial Commissioner, Ranchi, whereby and whereunder all the appellants along with appellant Raj Kishore Shah (since dead) were found guilty for the offence punishable under Section 498A/34 of the Indian Penal Code and they were convicted and sentenced to undergo rigorous imprisonment for three years each. However, all the appellants were not found guilty for the offence punishable under Section 364 of the Indian Penal Code and they were acquitted in respect thereof.2. The prosecution case has arisen on the basis of the written report (Exhibit-3) of PW 1, Ram Chandra Prasad, the informant and said to be the father of Laxmi Devi, the alleged victim of this case lodged before Sukhdeo Nagar Police Station on 22.9.1992 at 21.00 hours regarding the...
Smt. Radha Devi Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: [2004(1)JCR200(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This application has been preferred by the petitioner for appointment of her second son on compassionate ground, elder son Late Shekhar Poddar, who was Hawaldar-cum-Driver in C.I.S.F. and posted at O.N.G.C., Mehsana in Gujarat, having died, in harness, on 18th March, 2002.2. The counsel for the petitioner submitted that the deceased employee was an unmarried Government servant and being a member of the Armed Force, even the brother and sister are eligible for compassionate appointment.3. Reliance was placed on a Scheme for compassionate appointment dated 9th October, 1998 (Annexure-6 to the writ petition). Clause (2) of the said Scheme reads, as follows:'To whom Applicable : To a dependent family member--(A) of a Government servant who,(a) dies while in service (including death by suicide); or(b) is retired on medical grounds under Rule 2 of the CCS (Medical Examination) Rules, 1957 or the corresponding provision in the Central Civil Service Regulations bef...
Ram Jiwan Das and Suresh Chandra Verma Vs. Jharkhand State Housing Boa ...
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: [2004(2)JCR314(Jhr)]
S.J. Mukhopadhaya, J.1. As both the cases relate to flats of Jharkhand State Housing Board, Harmu Housing Colony, P.S. Argora, Town and District-Ranchi, they were heard together and are being disposed of by this common judgment.2. W.P.(C) No. 3376 of 2002 has been preferred by Ram Jiwan Das for issuance of writ/order/direction including writ of mandamus on the respondents to execute the 'final Conveyance Deed' transferring the absolute ownership of the premises, comprising of house and land No. HI-163, Harmu Housing Colony, P.S. Argora, District-Ranchi without imposing unlawful, unreasonable and arbitrary conditions as per the prospectus as was issued by the Bihar State Housing Board, Patna.Further prayer has been made to direct the respondents to refund the over payment made by petitioner to the tune of Rs. 41,647/- with interest.In W.P. (C) No. 5587 of 2002, the petitioner, Suresh Chandra Verma has challenged the letter No. 206, dated 31st August, 2002 issued by the Managing Director...
Smt. Uma Sharan Vs. Murlidhar Shukla and ors.
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: [2004(1)JCR605(Jhr)]
ORDERGurusharan Sharma, J.1. The plaintiff. Smt. Uma Sharan filed Title Suit No. 55 of 1995, against the defendants, Murlidhar Shukla, Laljee Prasad and Parmeshwar Dutta Jha for declaration of title acquired by adverse possession over 10 decimals land, bearing plot No. 314 and also sought for declaration that sale deeds dated 11.4.1994 and 5.5.1994 executed by defendant No. 3 in favour of defendant no. 1 in respect of suit land was void.2. After seven years, on 18.6.2002, the plaintiff filed a petition for interim injunction against the defendants and two supplementary petitions dated 14.8.2002 and 14.11.2002 thereto for restraining them from raising constructions over the suit land. In their rejoinder dated 8.7.2002 and supplementary rejoinder dated 23.11.2002 the defendants stated that actually the plaintiff has purchased 48-1/4 decimals land of plot No. 303, out of total 10.75 acres and she had neither title nor possession over the suit land, bearing plot No. 314. The said plot No. ...
Nemi Chand Vijay Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: [2004(2)JCR270(Jhr)]
ORDERTapen Sen, J.1. At the outset, Mr. Ram Kishore Prasad prays that he may be allowed to implead Slate of Jharkhand as respondent No. 7.Let him do so.2. Heard Mr. Ram Kishore Prasad, learned counsel for the petitioner and Mr. Pradip Modi, learned - I.3. In this writ application, the petitioner has made a prayer for issuance of an appropriate direction upon the respondents for payment of 18% interest plus costs of litigation for depriving the petitioner for three years in the matter in relation to his receiving pension. He has also made a prayer for payment of compensation to the extent of Rs. 25,000/- (Rupees Twenty Five Thousands) for mental torture and agony to which the petitioner was subjected. The facts of this case are necessary to be taken note of and from the pleadings made in the writ application, following facts would appear.4. The petitioner retired on 01.02.1984 from the post of Under Secretary from the office of Bihar Public Service Commission, Patna and he received pens...
Samrat Securities and Intelligence Services Private Limited and Trimur ...
Court: Jharkhand
Decided on: Sep-10-2003
Reported in: [2004(2)JCR480(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. Both the writ petitions having preferred against common Order No. 56, dated 28th March, 2003 and the respondents being same, they were heard together and are being disposed of by this common order.2. The Managing Director, Jharkhand State Agricultural Marketing Board, Pandra, Ranchi (for short Jharkhand Marketing Board) issued impugned office order No. 56/Ranchi, dated 28th March. 2003, whereby and whereunder, the 4th respondent was selected for the security job and it was ordered to execute agreement with the said respondent.According to the petitioners the 4th respondent being ineligible as per notice invited for Short Term Quotation, the decision to allot the security job to the 4th respondent is illegal.3. The case of the petitioners is that the Managing Director, Jharkhand Marketing Board issued advertisement in the daily Hindi Newspaper 'HINDUSTAN' Ranchi Edition on 9th June, 2002 calling for Short Term Quotation for appointment of Security Agency and...
Suneet Services Vs. Bharat Petroleum Corporation Ltd. and ors.
Court: Jharkhand
Decided on: Sep-09-2003
Reported in: [2003(4)JCR267(Jhr)]
M.Y. Eqbal, J.1. Petitioner M/s. Suneet Services proprietor of firm is a dealer of petroleum products of M/s. Bharat Petroleum Corporation Limited. By Agreement dated 20.2.1995 firm was granted a licence to deal in petroleum products for a period of 15 years.2. It is contended by the petitioner that on 16.9.2002, the representative of the respondent company came to the premises of the petitioner and took samples for checking. Sample of tank No. 2 filled up with Motor Spirit was also tested. Vide letter dated 19.10.2002 written by the concerned respondent, petitioner was supplied with a copy of the inspection report stating therein that the samples found in tank No. 2 failed to meet the specification. Petitioner was called upon the explain reasons for failure of samples. Petitioner submitted its explanation, thereafter; impugned order was issued suspending sales and supply of all products for 30 days from the retail outlet of the petitioner. Besides that a fine of Rs. 20,000/- was also ...
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