Jharkhand Court September 2003 Judgments
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Sachida Nand Deo Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Sep-22-2003
Reported in: [2004(1)JCR703(Jhr)]
Vikramaditya Prasad, J.1. Heard the petitioner, State and the learned counsel appearing for the acquitted accused persons.2. Shortly stated, the facts of this case are that on 31.8.1981, at about 3.00 p.m. the accused persons Babua Hembrem, Porana Hembram and Sanju Hembram along with other associates broken the main gate of the factory and over powering all the security guards entered in the shed No. 12 and began to beat the workers. They wanted to kill the Manager of the factory and when they did not locate the Manager, they ransacked the entire office and broken telephone connection. The accused persons encircled one Sachida Nand Deo and assaulted him with tangi causing grievous injuries. On the written and typed information of B.K. Jha, Manager of Dabur Gram Factory, the Jasidih PS instituted FIR against 14 accused persons.The charge-sheet as submitted and the case was committed to the Court of Sessions. On 14.12.1995, charges were framed under Sections 307, 447, 147, 148 and 149, I...
Branch Manager, New India Assurance Company Limited Vs. Ramakant Prasa ...
Court: Jharkhand
Decided on: Sep-22-2003
Reported in: II(2004)ACC782
Gurusharan Sharma, J.1. Heard. By impugned order and award dated 16th June, 1999, the Workmen's Compensation Commissioner, Hazaribagh, assessed a sum of Rs. 1,68,210.00 to be paid as compensation under the Workmen's Compensation Act, 1923, to the injured, Rama Kant Prasad, who sustained injury in course of his employment with Mr. Dayal Tourist Coach, College Road, Ramgarh. He was employed as driver on the tourist coach (BR-14 P-5574). On the aforesaid amount of compensation, interest (c) 12% per annum has also been granted from one month after the date of accident till the date of payment, The appellant-Insurance Company cannot have any objection to that on the ratio of the decision of the Apex Court in Ved Prakash Garg v. Premi Devi : AIR1997SC3854 .2. The Compensation Commissioner further directed that If the amount of compensation with interest is not paid by the insurer within 120 days, the interest would be payable at the rate of 18%, The appellant has, therefore, preferred the pr...
New India Assurance Company Ltd. Vs. Chano Devi and ors.
Court: Jharkhand
Decided on: Sep-22-2003
Reported in: I(2005)ACC662
Gurusharan Sharma, J.1. Heard. The Maruti car, bearing registration No. BR-14 C-0262, which was involved in the motor accident dated 28th April, 1996, was duly insured at the relevant time with the two Insurance Companies, namely, (i) The National Insurance Company Ltd. for the period from 10th September, 1995 to 9th September, 1996 and (ii) The New India Assurance Company Ltd. for the period from 26th April, 1996 to 25th April, 1997. Accordingly, the Tribunal held both the Insurance Companies responsible for indemnifying the owner's liability to pay the compensation amount of Rs. 2,70,000/- with interest to the claimants under the Act to the extent of half and half. The present appeal has been filed by the New India Assurance Company Ltd. denying its liability to indemnify the owner's liability. We find no substance in this contention for the reason that the appellant cannot escape its liability in terms of the insurance policy, which was issued by it and was effective on the date of ...
New India Assurance Co. Ltd. Vs. Chano Devi and ors.
Court: Jharkhand
Decided on: Sep-22-2003
Reported in: 2005ACJ2159
Gurusharan Sharma and Amareshwar Sahay, JJ.1. Heard. Maruti car bearing the registration No. BR 14-C 0262, which was involved in the motor accident dated 28.4.1996, was duly insured at the relevant time with the two insurance companies, namely, (i) National Insurance Co. Ltd. for the period from 10.9.1995 to 9.9.1996 and (ii) New India Assurance Co. Ltd. for the period from 26.4.1996 to 25.4.1997. Accordingly, the Tribunal held both the insurance companies responsible for indemnifying the owner's liability to pay the compensation amount of Rs. 2,70,000 with interest to claimants under the Act to the extent of half and half. The present appeal has been filed by New India Assurance Co. Ltd. denying its liability to indemnify the owner's liability. We find no substance in this contention for the reason that the appellant cannot escape its liability in terms of the insurance policy, which was issued by it and was effective on the date of the accident. We find no merit in this appeal. It is...
Chitra Rekha Devi Vs. Santi Devi and ors.
Court: Jharkhand
Decided on: Sep-22-2003
Reported in: II(2004)ACC182
ORDER1. Heard.This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the owner of the Tata 407 model bus (BER 9732), against the judgment and award dated 8.10.1999, passed by the Additional Motor Vehicle Accident Claims Tribunal, Koderra, in Claim Case No. 193 of 1990. The appeal was filed on 27.2.2002, whereas limitation had already expired on 16.2.2000. For the reason stated in LA. No. 432 of 2003 at flag 'A', filed under Section 5 read with Section 14 of the Limitation Act, 1963, the delay in filing the appeal is condoned.2. Laxmi Saw, aged about 28 years, died on 24.9.1990, when the said vehicle TATA 407 model bus (BER 9732) turned turtle. The Tribunal assessed a sum of Rs. 1,87,000/- payable as compensation under the Act to the claimant, under Section 168 of the Motor Vehicles Act, 1988 and the Tribunal directed the owner of the vehicle to pay the same. Although it was pleaded that the said bus was duly insured with the National Insurance Company Ltd. at t...
Union of India (Uoi) and ors. Vs. Dr. Swaran Singh
Court: Jharkhand
Decided on: Sep-19-2003
Reported in: [2004(1)JCR22(Jhr)]
ORDER1. This writ petition has been filed by the respondents in O.A. No. 61 of 1996 against the order of the Central Administrative Tribunal at Patna. That O.A No. 61 of 1996 was filed by the applicant, the respondent herein, praying for disbursement of the retiral benefits, alleged to be due to him with interest thereon. There was also a prayer for declaring that the demand of penal rent from the respondent herein on the ground of non-vacation of the quarter, admittedly occupied by him even after his retirement was illegal. The employer took stand that the penal rent recoverable from the employee-respondent herein, was liable to be adjusted towards the amount due to the respondent by way of retirement benefits and consequently the application before the Tribunal was liable to be dismissed. It was also contended that the penal rent was being charged in terms of the relevant Rules and the amount was liable to be adjusted in view of the Undertaking given by the respondent herein while ac...
Modi Construction Company Vs. Rites Limited a Government of India Ente ...
Court: Jharkhand
Decided on: Sep-19-2003
Reported in: [2004(1)JCR70(Jhr)]
ORDERP.K. Balasubramaniyan, J.1. In the light of the decision in Konkan Railway Corporation Ltd. and Anr. v. Rani Construction Pvt. Ltd., (2002) 2 SCC 388, it is for the Arbitrator to decide on the tenability or otherwise of the various other claims that may be raised by one or the other parties before the Arbitrator. Therefore, no adjudication by this Court in this application under Section 11(6) of the Arbitration and Conciliation Act, 1996 is contemplated. Counsel for the respondents points out that in terms of Clause 63, governing the arbitration, four names have been suggested to the petitioner so as to enable him to choose one among them and the Arbitral Tribunal is to consist of that person and another to be nominated by the respondents and both of them together are to nominate the third member. When this statement was made, I put it to counsel for the petitioner, whether he cannot choose one among the four as his nominee so that the respondents can nominate its Arbitrator and t...
Chandi Charan Kolay Vs. Swarn Singh and ors.
Court: Jharkhand
Decided on: Sep-19-2003
Reported in: 2004(1)BLJR169; [2004(1)JCR63(Jhr)]
ORDER1. The defendant in a suit for declaration of title and recovery of possession is the appellant in this Second Appeal filed under Section 100 of the Code of Civil Procedure. The plaintiffs came to Court claiming recovery of possession of the building in question including a shop room on the plea that the said building including the shop room was held by one Ashutosh Ganguli as allotted by TISCO. Ashutosh Ganguli had gifted that property to Swapan Kumar Chakraborty and DilipChandra Chakraborty and they had in turn assigned the property to the plaintiffs on 25.9.1993 and thus the plaintiffs had acquired title to the property. The defendant was let into the building as a tenant by Ashutosh Ganguli and he continued to be a tenant. Though intimation was given to him about the assignment of the suit property to the plaintiffs and rent from the date of assignment was demanded, the defendant defaulted in payment of rent. The plaintiffs were, therefore, entitled to recover possession of th...
S. Raman Vs. Central Coal Fields Ltd. and ors.
Court: Jharkhand
Decided on: Sep-19-2003
Reported in: [2004(1)JCR194(Jhr)]
ORDER1. Heard the parties. The appellant moved this Court in WP(S) No. 1950 of 2003 for quashing the order dated 5th April, 2003 whereby a departmental proceeding was initiated against him, in terms of the Conduct Discipline and Appeal Rules, 1978 of M/s. Coal India Limited.2. The appellant is an accused in a criminal case, being R.C. Case No. 13(A)/95(R), in which charge-sheet has already been submitted for offences under Section 7 and 13(a) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and trial is still going on.3. A departmental proceeding was also initiated against the appellant, in terms of the Conduct Discipline and Appeal Rules, 1978 of M/s. Coal India Limited and charges have already been framed. In the said departmental proceeding, the appellant is alleged to have failed to maintain absolute integrity, devotion of duty and acted in a manner which was unbecoming of an officer of M/s. Coal India Limited/ Central Coal Fields Limited and was prejudicial to ...
State of Bihar (Now Jharkhand) Vs. Smt. Aruna Devi
Court: Jharkhand
Decided on: Sep-19-2003
Reported in: [2004(3)JCR246(Jhr)]
Vishnudeo Narayan, J.1. These appeals at the instance of the appellant State of Bihar (Now Jharkhand) have been preferred against the impugned judgment dated 21.8.1990 and the award dated 2.11.1990 respectively passed in Land Acquisition Case Nos. 3 of 1983 and 4 of 1983 by Shri Vishwambhar Upadhyay, Sub-Judge I, Ranchi whereby and whereunder the references under Section 18 of the Land Acquisition Act made by the respondents for determining the quantum of compensation for the land, in acquisition were allowed and the compensation payable for the acquired land was determined @ 1,50,000/-per acre and besides that respondents were also allowed solatium and interest thereon under the provisions of the Land Acquisition (hereinafter referred to as the Act).2. The respondents have also filed cross-objection in both the appeals for the enhancement of the compensation of the land under acquisition @ Rs. 8,40,000/-per acre.3. The appellant State had acquired 31 decimals of land of plot No. 584/1...
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