Jharkhand Court January 2004 Judgments
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Dwarika Mandal @ Dwarika Sunil Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jan-06-2004
Reported in: [2004(1)JCR443(Jhr)]
Amareshwar Sahay, J.1. In the present writ application the petitioner has prayed for quashing the letter dated 9.12.1996 as contained in Annexure-6 to the writ application, issued by the Deputy Commissioner, Giridih to the Joint Secretary to the Government of Bihar, Revenue and Land Reforms Department, Patna whereby, on the basis of the enquiry report dated 1.9.1984, of the then Joint Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna remanding the case to the Court of Land Reforms Deputy Collector, Giridih for fresh hearing of the case i.e. State of Bihar v. Sri Sobhi Sundi and Ors. under Section 4(h) of the Bihar Land Reforms Act, 1950, with respect to the lands of in plot No. 904 area 38 decimals and plot No. 905 area 3.19, acres total area 3.56, in village Kharkho, P.S. Jamua, District Giridih and also the order dated 13.12.1996 as contained in An-nexure-7 passed the Land Reforms Deputy Collector, Giridih who consequent to the order passed by the Deputy Comm...
Mahejabeen Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jan-06-2004
Reported in: [2004(1)JCR439(Jhr)]
Amareshwar Sahay, J.1. In the present writ application, the petitioner who was a teacher in Lakshmi Muslim Girls Middle School, Hazaribagh, has prayed for quashing of the order dated 04.07.1992 passed by the Secretary of the said School (Annexure-8) whereby she was suspended with effect from 07.07.1992. It has also been prayed for quashing of the Resolution dated 27.11.1992 of the Managing Committee of the said School whereby the services of the petitioner was terminated as contained in Annexure-14 to the writ application. The further prayer is for a direction to the Managing Committee to comply with the direction of the District Superintendent of Education, Hazaribagh dated 05.12,1992, whereby the suspension and termination of the petitioner was declared to be illegal.2. The case of the petitioner is that he being an LA. Trained was appointed as an Assistant Teacher in the year 1983 by the Managing Committee of the Lakshmi Muslim Girls Middle School, Hazaribagh which was a religious m...
Shatrughan Singhal Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-06-2004
Reported in: [2004(1)JCR720(Jhr)]
ORDERAmareshwar Sahay, J.1. In this writ petition the petitioner has challenged the order as contained in Annexure 9 to the writ petition passed by the Revisional Authority-cum-Secretary, Ministry of Forest and Environment, Govt. of Jharkhand, Ranchi dated 24.4.2001 whereby the Revisional Authority set-aside the order of the Appel-late Authority-cum-Deputy Commissioner directing the truck No. DL-IGB- 2311 together with Katha weighing 210 K.G. were ordered to be confiscated.2. The main ground for challenge of the order of the Revisional Authority is that whole confiscation proceeding was vitiated as the seizure of the truck in question was made by the Forest Guard who was not authorized under the law to confiscate any vehicle and therefore, the entire confiscation proceeding was ab initio.3. The submission of the learned counsel for the petitioner is devoid of any merit in view of the decision of the Full Bench in the case of Bijay Krishna Sahay v. State of Bihar and Ors., reported in 1...
Bhola Nath Pattanayak Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-06-2004
Reported in: [2004(1)JCR642(Jhr)]
ORDERAmareshwar Sahay, J.1. The petitioner who superannuated as Karamchari from Saraikella in February, 1987, has filed this application for quashing of the order dated 29.09.2001 as contained in Annexure-7 to the writ application, whereby the Deputy Commissioner, West Singhbhum, Chaibasa rejected the claim of the petitioner for calculating his pensionary benefits after giving him two time bound promotions as he did not get a single promotion during his service tenure.2. From the order as contained in Annexure-7 passed by the Deputy Commissioner, West Singhbhum, Chaibasa, it appears that after noticing the fact that the petitioner superannuated on 28.02.1987 on completing 33 years, 9 months and 23 days of service, rejected the claim of the petitioner solely on the ground that the petitioner was not entitled to the time bound promotion because he had not passed the Hindi Noting and Drafting Examination which was a must for the time bound promotion.3. In my view, the impugned order of th...
Abdul Azim Ansari Vs. Heavy Engineering Corporation Ltd. and anr.
Court: Jharkhand
Decided on: Jan-06-2004
Reported in: [2004(1)JCR657(Jhr)]
Amareshwar Sahay, J.1. The prayer in this Writ Application is to quash the award dated 12.8.1996 by the Labour Court, Ranchi in Reference Case No. 12/1990, contained in Annexure-6, whereby the Labour Court has decided the Reference against the petitioner-workman, holding that his dismissal from service was Justified and therefore not entitled to any relief.2. The dispute which was referred foradjudication to the Labour Court is asunder:--'Whether dismissal of Abdul Azim Ansari, Fitter, P.No.32383 is justified? If not what relief he is entitled and since when3. The case of the petitioner-workman is that he was initially appointed in H.E.C. as Fitter on 26.2.63. On account of illness of his mother, he took 5 days casual leave on 2.8.83 and went to his village home. Since his mother was serious and therefore by sending an application on 25.8.83 by registered post, he requested to extend the leave but his Controlling Officer directed him to resume his duties. The workman thereafter submitt...
Bijay Kumar Verma and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-06-2004
Reported in: [2004(101)FLR458]; [2004(1)JCR472(Jhr)]; (2004)IILLJ927Jhar
ORDERAmareshwar Sahay, J. 1. The Petitioners being the Secretary, Treasurer, the President of the Managing Committee of Amrit Nagar High School, Karra, District-Hazaribagh have challenged the order dated 13.03.2001, passed by the Sub-Divisional Officer-cum-Authority under the Payment of Wages Act, 1936, (hereinafter called as the 'Act' for the sake of convenience) whereby the learned Sub-Divisional Officer in exercise of the powers under the Payment of Wages Act, 1936 has allowed the application filed by the Respondent No. 3 Smt. Indu Kumari Sinha, and has directed the Managing Committee of Amrit Nagar High School to pay a sum of Rs. 2,93,130/-towards her due wages and a sum of Rs. 25/- towards compensation.2. The facts of the matter, in short, is that the Respondent No. 3 Smt. Indu Kumari Sinha, filed an application, before the Sub-Divisional Magistrate, Sadar-Hazaribagh stating therein that she was working, as a Science Teacher on being appointed as such by the Managing Committee of ...
Sukhi Ram Lohar Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jan-06-2004
Reported in: 2004CriLJ1150
Lakshman Uraon, J.1. The sole appellant Sukhi Ram Lohar has preferred this Jail Appeal against the judgment and order of conviction and sentence dated 27th May, 1997, passed by the learned Additional Sessions Judge, Seraikella, in Sessions Trial No. 85 of 1993, arising out of G.R. No. 331 of 1992, whereby and whereunder, he has been convicted for the offence under Section 302 of the Indian Penal Code and sentence to undergo imprisonment for life.2. The prosecution case has arisen on the basis of the Fard-beyan (Ext. 2) of the informant Baishakhi Devi (PW-1), wife of deceased Kanta Lohar, recorded on 8-6-1992 at 10.00 hours at Village-Udaipur, P. S. Gamharia, by R. N. Sinha, A.S.I. of Gamharia Police Station, wherein, the informant has alleged that she was sleeping on her courtyard along with her husband and children in the night of 7-6-1992 at Village-Udaipur, Police Station-Gamharia, District-West Singhbhum. At about 11.00 p.m. in the night she heard the cry of her husband and woke up...
Mahendra Prasad Yadav and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jan-06-2004
Reported in: 2004CriLJ1492
Lakshman Uraon, J.1. The appellant No. 1, Mahendra Prasad Yadav, has been convicted under Section 302, I.P.C. and sentenced to undergo imprisonment for life whereas the appellant No. 2, Rajendra Prasad Yadav alias Raja Prasad Yadav, has been convicted under Section 307, I.P.C. and sentenced to undergo R.I. for seven years. The appellant No. 3, Ramdeo Prasad Yadav alias Rami Prasad, has been convicted under Sections 325 and 323, I.P.C. and sentenced to undergo R.I. for two years and six months respectively. The other two appellants Nos. 4 and 5, Jharkhandi Mahto and Birju Mahto, have been convicted under Section 323, I.P.C. and sentenced to undergo imprisonment for six months each in S.T. No. 19/1987 passed by Shri Vinod Kumar Sinha, learned 5th Additional Sessions Judge, Giridih.2. The appellants have preferred this appeal against the judgment and order of conviction and sentence passed against them with a prayer to allow it and acquit them all from those charges after setting aside th...
Ramesh Singh and anr. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jan-06-2004
Reported in: 2004CriLJ1201
Lakshman Uraon, J. 1. This appeal has been directed against the judgment and order of conviction and sentence dated 2-8-1997 and 5-8-1997 respectively, passed by Sri R.N. Verma, learned 2nd Additional Judicial Commissioner, Khunti, in Sessions Trial No. 392 of 1997, arising out of G.R. No. 88 of 1995, whereby and whereunder, both the appellants have been convicted for the offence under Sections 302/34 and 201 of the Indian Penal Code and have been sentenced to undergo imprisonment for life for the offence under Section 302/34 of the Indian Penal Code and to undergo imprisonment for seven years for the offence under Section 201 of the Indian Penal Code, directing both the sentences to run concurrently.2. The informant Barte Pahan (PW 8), who is not the eye witness of the murder of his son Bargi Pahan, in his Fard-beyan (Ext. 2), recorded on 13-2-1995 at 14-45 hours at village Itre by S.I. Juel Minz (PW 11), has alleged that his son Bargi Pahan had recently returned from Bombay where he ...
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