Jharkhand Court September 2003 Judgments
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Mahto Munda Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-12-2003
Reported in: 2003(3)BLJR1988; [2003(4)JCR232(Jhr)]
S.J. Mukhopadhaya, J.1. This application has been preferred by the petitioner against the orders passed by the Special Officer, Scheduled Area Regulation, Ranchi dated 20th June, 1988, whereby and whereunder, the petition under Section 71-A of Chotanagpur Tenancy Act, 1908 (for short C.N.T. Act) preferred by the petitioner for restoration of land in question, registered as S.A.R. Case No. 17/85 has been rejected.The petitioner has also challenged the appellate order dated 6th November, 1993 passed by the Additional Collector, Ranchi in S.A.R. Appeal No. 56-R 15 of 88-89, the same having been dismissed.2. The pleading in the writ petition is incomplete and the details of lands having not mentioned, it is difficult to give the detailed facts of the case.3. According to the petitioner, the lands under Khata Nos. 160, 161, 162, and 163 of Village Morhabadi. P.S. Bariatu, Town and District - Ranchi were his ancestral Bhuinhari lands. They were transferred in favour of the 5th respondent, Pr...
Vinay Kumar Pandey Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-12-2003
Reported in: [2003(4)JCR667(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioner far issuance of writ of mandamus, commanding and directing the respondents, specially, the State of Bihar and State of Jharkhand to furnish necessary documents to the Union Public Service Commission (for short UPSC) and Union of India to enable them to convene a meeting of the Selection Committee for preparation of year-wise select list from 2000-03 for promotion to the cadre of Indian Police Service from amongst the eligible Officers of the State Police Service.2. According to the petitioner, he was initially appointed as Deputy Superintendent of Police (DSP for short) on 21st November, 1979 in the then State of Bihar. He got all his promotion in due time having been confirmed in the rank of DSP w.e.f. 21st November, 1982 and got Junior Selection Grade w.e.f. 1.4.1991 and Senior Selection Grade post w.e.f. 1.4.1994.Further case of the petitioner is that he was posted as Commandant, Home Guard, Bihta (Bihar...
Deobrat Mishra Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-12-2003
Reported in: 2003(3)BLJR2040
S.J. Mukhopadhaya, J.1. This application has been preferred by petitioner against the order dated 12th October, 1993 passed by 2nd respondent in Misc. Revision No. 100 of 1991. The Commissioner, North Chotanagpur Division, Hazaribagh on the basis of application filed by 3rd respondent suo motu took up the matter and registered a Misc. Revision case No. 100 of 1991 and after notice and hearing the parties, set aside the appellate order dated 14th November, 1991 passed by Collector, Giridih in Giridih Appeal No. 30 of 1990 which was decided in favour of petitioner.2. The case of the petitioner is that his father late Prafulla Chandra Mishra got the land in question having plot No. 261, 262 and 263 under Khata No. 73 of village-Barmasia, P.S. & District-Giridih by raiyati settlement through a customary Hukumnama executed by Gaibi Nath Mishra, Ex-landlord on 18th Magh, 1341 Fasli, corresponding to the year 1934 A.D. His ancestors took possession and since then the predecessor in interest a...
Bokaro Steel Employees Co-operative House Construction Society Ltd. Vs ...
Court: Jharkhand
Decided on: Sep-12-2003
Reported in: [2003(4)JCR716(Jhr)]
S.J. Mukhopadhaya, J.1. The writ petition has been preferred by the Bokaro Steel Employees Co-operative, House Construction Society Ltd., Bokaro Steel City (for short Bokaro Co-operative Society) against the letter No. 393 dated 21st February, 2003 issued by the General Manager (HRD), Steel Authority of India Ltd. (for short SAIL), Bokaro Steel Plant, Bokaro, whereby and whereunder, the Honorary Secretary of the Bokaro Co-operative Society has been informed of the outstanding dues accrued and accumulated towards water charges in addition of amount of water charges for the month of December 2002 and January, 2003.2. The grievance of petitioner is that the respondent while enhanced the rate of water charges illegally asked the petitioner to pay arrears of Rs. 1,33,94,066.33 ps.According to the petitioner, the respondents illegally raised the water charges from retrospective date and asked for arrears, though enhancement of water charges from a retrospective date is not permissible.3. Fro...
Mishri Mistri Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-12-2003
Reported in: [2004(1)JCR679(Jhr)]
Amareshwar Sahay, J.1. In this application the petitioner has prayed for quashing of the order dated 28.2.1995 as contained in Annexure-3 to the writ application whereby promotion of the petitioner to the post of Foreman (Mechanical) has been cancelled with retrospective effect by order dated 18.2.1985 as contained in Annexure-2 i.e. after ten years.2. The petitioner was initially appointed as Machanic on 15.10.1996. By office order dated 18.2.1985 as contained in Annexure-2 to the writ application, the petitioner was promoted to the post of Foreman (Mechanical) on ad hoc basis considering his seniority and thereafter by issuance of Annexure-3 i.e. the order dated 28.2.1995 his promotion to the post of Mechanical Foreman was cancelled.3. The learned counsel for the petitioner has challenged the said order and has raised very short point that before issuance of the impugned order of cancellation of promotion of the petitioner, no notice of any kind or a chance of being heard was given t...
Rajendra Prasad and anr. Vs. Bishwanath Prasad Singh
Court: Jharkhand
Decided on: Sep-11-2003
Reported in: 2003(3)BLJR2288; [2003(4)JCR547(Jhr)]
Vishnudeo Naryan. J. 1. This appeal at the instance of the plaintiffs-appellant is directed against the impugned judgment and decree dated 18.7.1988 and 25.7.1988 respectively passed in Title Appeal No. 26 of 1987 by Shri Jugal Kishore Prasad, 6th Additional District Judge, Palamau at Dal-tonganj whereby and whereunder the judgment and decree dated 27.6.1987 and 8.7.1987 respectively passed in Title Suit No. 11 of 1986 by Munsif, Daltonganj. Palamau were affirmed and the said appeal was dismissed.2. The plaintiffs-appellant had filed Title Suit No. 11 of 1986 for declaration that the transaction dated 24.6.1977 though ostensibly expressed in the shape of a deed of sale was really a transaction of usufructuary mortgage which has made clear in the deed of agreement executed by the defendant-respondent on the same date simultaneously in favour of the plaintiffs-appellant and for a further declaration that the said transaction of the usufructuary mortgage dated 26.6.1977 stands redeemed un...
Bharat Coking Coal Ltd. Through Its Employers Vs. their Workman Repres ...
Court: Jharkhand
Decided on: Sep-11-2003
Reported in: [2003(4)JCR408(Jhr)]
S.J. Mukhopadhaya, J. 1. In both the cases, as common question is involved, they were heard on the same date and are being disposed of by this common judgment.2. In the first case, WP (L) No. 3375 of 2001, the petitioner M/s Bharat Coking Coal Ltd. (for short BCCL) has challenged the Award dated 26th March, 2001 passed by the learned Presiding Officer, Central Government, Industrial Tribunal No. 1, Dhanbad in Reference No. 204 of 1997, whereby and whereunder, the learned Tribunal directed for regularization of services of concerned person.In the other case i.e., WP (L) No. 5440 of 2001, the petitioner M/s BCCL has challenged the Award dated 28th March, 2001 passed by the same Presiding Officer in Reference No. 111 of 1990, wherein the learned Tribunal directed for regulrization of service of one Gopal Banerjee and 11 (eleven) others.3. So far as the first case WP (L) No. 3375 of 2001 is concerned, the following reference was made by the Central Government, vide Notification No. L-20012...
Sudhir Singh Choudhary Vs. Madan Kumhar and ors.
Court: Jharkhand
Decided on: Sep-11-2003
Reported in: [2003(4)JCR505(Jhr)]
Vikramaditya Prasad, J. 1. The following substantial question framed at the time of admission of this second appeal is required to be answered.Whether in view of admission made by PW 1 Gorachand son of Budhu Kumhar that Bhikhu Kumhar and Budhu Kumhar partitioned half of each plots, the learned Court below could have ignored the admission and passed a decree for partition? 2. The short facts that gave rise to aforesaid question are as follows--In Schedule A of the plaint there are different plots, namely, plot Nos. 326, 331, 483, 484, 575. 581. 1531. 2849, 2850, 2196, 3284, 3294, 3292 bearing total are of 0.89 acres appertaining to Khata No. 205 in Mazua Bhagsuma within the P.S. Govindpur district Dhanbad. According to the plaintiff these lands were purchased by two persons namely Budhu Kumhar and Bhikhu Kumhar from one recorded tenant Sitaram and after the purchase the aforesaid two persons Budhu Kumhar and Bhikhu Kumhar exercised their diverse acts of possessions over those plots and ...
Mahato Automobiles Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Sep-11-2003
Reported in: II(2004)BC321; 2005(1)CTLJ122(Jhar); [2004(1)JCR52(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard Mr. Binod Pod-dar, learned counsel appearing for the petitioner and Mr. P.K. Prasad, learned Standing Counsel, Central Government.2. In the instant writ petition the petitioner seeks a direction upon the respondents for quashing the tender submitted by respondent No. 7 and also for a declaration that the tender decided in favour of respondent No. 7 is illegal, arbitrary and malafide.3. For the purpose of appointment of dealers for post paid service and distributors for pre-paid service of cellular mobile telephone service, Bharat Sanchar Nigam Ltd. (BSNL) issued tender notice on 20.8.2002. The petitioner alongwith others including respondent No. 7 submitted tenders which consisted of technical bids and financial bids. On 16.9.2002 technical bid of 113 tenderers including that of the petitioner were opened and scrutinized by the Telecom Regulatory Authority. Out of that 68 tenderers were short-listed and thereafter 32 tenderers including the petitioner were f...
Nand Kishore Singh Vs. Dashrath Gope and ors.
Court: Jharkhand
Decided on: Sep-11-2003
Reported in: [2004(1)JCR550(Jhr)]
ORDERGuru Sharan Sharma, J.1. The petitioner filed Title Suit No. 141 of 1998, against the opposite parties for declaration of title, confirmation of possession over the suit land, detailed in Schedule 'A' to the plaint and for permanent injunction restraining them from going over it as also for mandatory injunction to demolish the construction of rooms and boundary wall made by them. On 4.9.1998, a petition for interim injunction was filed by him for restraining them from disturbing his possession over the suit land-Schedule A.2. According to the petitioner, the then landlord by patta dated 26.3.1944, made raiyati settlement of the suit land in favour of one Jageshwar Singh. By registered sale deed dated 11.5.1982, the heirs of late Jageshwar Singh and his brother sold 5 kathas out of total 20 kathas land of plot No. 117 to the petitioner's son Anand Kishore Singh, which is described in Schedule 'B' to the plaint. Subsequently, they sold the remaining 15 kathas to the petitioner by re...
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