Jharkhand Court January 2004 Judgments
A.K. Roy Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Jan-30-2004
Reported in: IV(2004)BC323; [2004(1)JCR534(Jhr)]
P.K. Balasubramanyan, C.J.1. The prayer in this writ petition filed by a citizen is for the issue of a direction to the respondents not to close the Project & Development India Limited at Sindri in the State of Jharkhand. There is also a prayer for the issue of a direction to the respondents to save and project the Research and Development Division of the Project & Development India Limited. It is seen that the matter is pending before the Board, for Industrial & Financial Reconstruction (BIFR)/Moreover, it is also seen, as stated in paragraph 41 of the counter affidavit that in national interest, the Company has been revived after pruning the manpower to the optimum level. The counter affidavit also gives a picture of whatever has been done to save the company.2. In such matter the jurisdiction of the Court even in a public interest litigation is limited. This is clear from the decision in Balco Employees Union (Regd.) v. Union of India, 2002 (1) JCR 339 (SC) : 2002 (2) SCC 333. It is...
Tag this Judgment!Hiru Mahato and anr. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jan-30-2004
Reported in: [2004(2)JCR115(Jhr)]
Amareshwar Sahay, J.1. The prayer in this writ application is to issue a writ of certiorari for quashing the order dated 21.12.1996 passed by the Deputy Commissioner, Deoghar in Misc case No. 17/92-93, as contained in Annexure-3 and for restraining the respondent No. 5 from transferring/selling lands which is used for place of worship and burial ground.2. The petitioner No. 1, describing himself to be the Secretary of Charakpuja Samiti has filed the present writ application.3. According to the petitioners, the plot No. 454 of Jamabandi No. 47 measuring 13.15 acres of village. Raghuadih Garsara P.S. Palajori, Dist. Deoghar has been recorded 'Charakthan' during the last survey settlement and the said land is being used as a place of worship by Hindu Community of village Raghuadih Garsara and adjoining villages where they are performing Charakpuja from time immemorial over the said land and a portion of the said land is also being used as burial/burning ground.4. The further case of the p...
Tag this Judgment!Palamau District Bar Association Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-30-2004
Reported in: [2004(1)JCR525(Jhr)]
P.K. Balasubramanyan, C.J.1. The prayer in this writ petition filed by the Palamau District Bar Association is for the issue of a writ of mandamus directing respondent No. 5, the Deputy Commissioner, Palamau, to take a final decision on the petitioner's application for settlement of an extent of 0.67 acres of land in Plot No. 951 allegedly lying adjacent to the land held by the Association. It is contended that the application was kept pending and it was not being disposed of. The petitioner had earlier filed CWJC (PIL) No. 2843 of 1998 (R) and this Court had directed the Secretary, Revenue Department, and Government of Bihar, to take a final decision in the matter within a period of three months. No decision having been rendered pursuant to that direction, the petitioner was constrained to move this writ petition. The extent in question lies within the Court compound and according to the petitioner, the members of the Association were using it for accommodation of the lawyers, Advocat...
Tag this Judgment!imtiyaz Khan @ Sonu and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jan-30-2004
Reported in: 2004(1)BLJR536; 2004CriLJ2560; II(2004)DMC202
Vikramaditya Prasad, J.1. The appellants stand convicted and sentenced for offences under Section 304B and 498A, IPC and for the offence under Section 304B, IPC for 10 years R.I. and the rest of the appellants for 7 years R.I. and for the offence under Section 498A, IPC, no separate sentence has been awarded.2. The questions to be answered in this appeal are (i) what should be the standard of evidence for proving marriage for conviction under Section 304B IPC, when the marriage is not admitted and (ii) whether the fardbeyan, of the victim girl in the circumstances of the case can be treated as her dying declaration ?3. The questions aforesaid arise out of the prosecution being initiated on the basis of the fardbeyan, Ext. 4, of the victim girl recorded on 3.5.1998, at 14 hours at R.M.C.H. by the A.S.I., S.M. Jahangir, P.W. 10, disclosing that on 13.4.1998, at about 7-8 p.m. while she was preparing meal in her sasural, her husband Imtiyaz @ Sonu called on her and took her to a room wher...
Tag this Judgment!Prashant Horo Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-30-2004
Reported in: [2004(1)JCR553(Jhr)]
P.K. Balasubramanyan, C.J.1. This writ petition filed by a citizen, who claims to be a social worker and involved in politics, seeks the issuance of a writ of mandamus directing the respondents to appoint a regular Director in the Rajendra Institute of Medical Sciences, Ranchi (herein after referred to as the RIMS), forthwith and also for the issuance of a direction upon the respondents and particularly, respondent No. 4, restraining him from functioning as the Acting Director of the RIMS on the ground that he is not eligible to act as such a Director and also to appoint another suitable person as the Acting Director until a regular Director is selected and appointed. According to the petitioner, the post of a Director in the RIMS had remained vacant right from the date of its formation on 15.8.2002 and there was no justification in not appointing a regular Director for the Institute which was one of the prime Institutes in the State. He points out, that though it was being claimed tha...
Tag this Judgment!Teklal Mahato and ors. and Thakur Ram Mahto and ors. Vs. Union of Indi ...
Court: Jharkhand
Decided on: Jan-30-2004
Reported in: [2004(1)JCR524(Jhr)]; (2004)IIILLJ1016Jhar
P.K. Balasubramanyan, C.J.1. In these writ petitions, the petitioners, claiming to be similarly situated, have challenged the order of the Central Administrative Tribunal rejecting their claims for regularization in the service of the Railways and the further orders passed refusing to review the earlier decision. The Central Administrative Tribunal found that the claim of the petitioners was highly belated. It also found that their claim was that they were causal employees who had worked for more than 180 days could not be established with reference to any relevant material. It was also found that their claim was that they had worked some time between 1962 and 1980, which fact they could not establish and that they could not claim the benefit of the decision of the Supreme Court rendered in Inderpal Yadav's case on 18.4.1985. It was also noticed that their name were not even found in the dormant list maintained for the year 1986. A review of the judgment was sought for on various groun...
Tag this Judgment!Jagabandhu Mahata Vs. State of Bihar Through Secretary, Finance Depart ...
Court: Jharkhand
Decided on: Jan-30-2004
Reported in: [2004(3)JCR272(Jhr)]
Amareshwar Sahay, J.1. The petitioner, being Science Graduate obtained B.Ed. degree, was initially appointed as Assistant Teacher on 16.4.1974 in Manohar Lal High School, Chakulia in the District of Singhbum (East). After completion of 10 years continuous service he was granted time bound promotion on 16.4.1984. Subsequently, in view of the Resolution dated 18.12.1989 of the Finance Department, Government of Bihar extending the benefit of revision of scale of pay to the teachers of those schools taken over and under the Administrative control of the Department of Human Resources Development, the petitioner was given benefit as per the aforesaid Resolution of the Government and his pay was fixed accordingly by the Headmaster of the concerned school on 20.4.1990.2. Subsequently by issuance of letter No. 1354 dated 9.7.1997 as contained in Annexure-3 to the present writ application, the District Education Officer, Singhbum (West) Chaibasa, wrote a letter to the Headmaster of the school of...
Tag this Judgment!Vijay Narayan Singh Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jan-30-2004
Reported in: [2005(2)JCR369a(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the appellant stands directed against the impugned judgment and order, dated 16.9.1998 passed in G.R. Case No. 1124 of 1993 by Shri P.N. Yadav, Sessions Judge-cum-Special Judge, Dhanbad whereby and whereunder the appellant was found guilty for the offence punishable under Section 20(b)(i) and (ii) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as to said Act) and he was convicted and sentenced to under rigorous imprisonment for ten years for the offence under Section 20(b)(ii) and rigorous imprisonment for four years under Section 20(b)(i) of the said Act. However, both the sentences were ordered to run concurrently.2. The prosecution case has arisen on the basis of the self-statement (Ext. 5) of PW 1 SI Suraj Bhushan Sharma. O/C Katras Police Station. District-Dhanbad recorded on 24.3.1993 at 15.45 hours at Katrasgarh Rajbari road lodged before Katras Police Station on that very day at 17.30 ho...
Tag this Judgment!Oriental Insurance Company Ltd. Vs. Commissioner, Workmen Compensation ...
Court: Jharkhand
Decided on: Jan-29-2004
Reported in: [2004(1)JCR512(Jhr)]
R.K. Merathia, J. 1. Heard Mr. Sahni and learned counsel for respondent Nos. 2 and 3 (claimants).2. The petitioner has prayed for quashing the order dated 5.12.2002, passed by the Commissioner, Workmen Compensation, Hazaribagh in WC Case No, 68 of 2001, directing the petitioner to pay Rs. 3,37,830/- as compensation to the respondent Nos. 2 and 3 within 60 days failing which the amount will also carry an interest @7% per annum after the expiry of 60 days till the date of payment.3. The son of respondents 2 and 3 was a khalasi (cleaner) employed under the owner of the vehicle (respondent No. 4). When he was so employed in the Truck, an accident took place causing death of the son of the claimants, namely Shankar Kumar Singh. The claimants claimed that their son was aged about 19 years and was an employee under the owner of the Truck on a monthly salary of Rs. 3,000/- and also fooding allowances of Rs. 40/- per day khoraki. The owner of the vehicle accepted that Shankar was a cleaner, emp...
Tag this Judgment!Bokaro Steel Employees Co-operative House Construction Society Members ...
Court: Jharkhand
Decided on: Jan-29-2004
Reported in: [2004(1)JCR556(Jhr)]
R.K. Merathia, J.1. Heard the parties.2. Petitioner claims to be an Association of some members of Bokaro Employees Co-operative House Construction Society. For the sake of convenience the petitioner will be referred to as 'the Association' and the said Co-operative Society as 'the Cooperative Society.' This LPA arises out of the judgment dated 20th August, 2003, passed in W.P. (C) No. 5980 of 2002. The said writ petition was heard and disposed of along with W.P. (C) No. 1868 of 2002. filed by one of the members of the Cooperative Society and W.P. (C) No. 986 of 2003, filed by the Co-operative Society involving similar questions.3. In the said writ petition, the petitioner-Association challenged the demand of arrears on account of electricity dues with effect from May, 1997; and the enhancement of electricity charges with effect from May, 1997 and April, 2002. The Association further prayed for a direction not to give effect to the orders dated 13.5.1998, 5.1.1999 and 29.1.1999; and pr...
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