Jharkhand Court February 2004 Judgments
Mohan Hazra and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-27-2004
Reported in: [2004(2)JCR257(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. B.B. Sinha, learned Senior Advocate for the petitioners; Mr. Manoj Tandon for the respondent Nos. 4 to 6 and Mr. Rajiv Ranjan Mishra, learned G.P. II for the State-respondents.2. Petitioners, in the instant case, have prayed for quashing of the order dated 25.08.2002 as contained in Annexure 4 passed by the Commissioner, Santhal Pargana Division in Settlement Case No. 201 of 2000-2001, which was filed under Section 25 of the Santhal Pargana Settlement Regulation Act, 1872. By reason of the said application the petitioners had prayed for correction in the records of rights and made a prayer that an inquiry should be held afresh so that the matter may be inquired into by a competent authority who is involved in a Settlement Proceeding which is said to be going on. Upon perusal of the impugned order which has been sought to be challenged in the said Settlement Case, it is evident that the Gangtzer's Service Settlement operation had been completed in this Dis...
Tag this Judgment!Jogendra Nath Roy Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-27-2004
Reported in: 2005(1)BLJR552; [2004(2)JCR47(Jhr)]
Amareshwar Sahay, J.1. The prayer of the petitioner in this writ application is for a direction to the respondents to treat the petitioner in continuous service from 26.12.1962 to 31.5.1996, the date on which he superannuated and to pay the retirement dues to the petitioner after computing pensionary benefits, accordingly.2. The case of the petitioner is that being appointed as Upper Division Clerk (Accounts), he joined on 26.12.1962 as Accounts Officer (Mechanical), Koshi Project, Birpur. Thereafter by Wireless message dated 24.9.1965 he was transferred for being posted In the Office of Accounts Officer, Tenughat Project, Tenughat and for the purpose of joining the said post, he was being relieved on 30.9.1965 with a direction to join by 11.10.1965. The further case of the petitioner is that due to illness and other unavoidable circumstances, he could not join his place of posting and he was compelled to continue on leave till January, 1979 and then in February, 1979 he made a request...
Tag this Judgment!iqra Masjid Welfare Society and ors. Vs. Managing Committee of Iqra Mo ...
Court: Jharkhand
Decided on: Feb-27-2004
Reported in: 2004(52)BLJR636; [2004(2)JCR390(Jhr)]
P.K. Balasubramanyan, C.J.1. These appeals arise from a dispute regarding the management of a mosque between the Managing Committee of Eqra Mosque registered under the Wakf Act and the Eqra Masjid Welfare Society registered under the Societies Registration Act, 1860. For convenience, we shall hereinafter refer to the two rival parties, as the Wakf Committee and the society committee. These appeals arise from CWJC Nos. 4323 of 1998 (R) and 4822 of 1998 (R). The Wakf Committee and another in CWJC No. 4323 of 1998 challenged the order of the Minister Incharge, Minority Welfare, Government of Bihar, dated 12.5.1998 allegedly in exercise of powers under Section 43(4A) of the Wakf Act, 1954. The other writ petition, CWJC No. 4822 of 1998, was filed by the Secretary of the Wakf Committee challenging the registration granted to the Masjid Eqra Welfare Society under Section 3 of the Societies Registration Act, 1860. The learned Single Judge, in the judgment under appeal, after hearing both side...
Tag this Judgment!State of Jharkhand Through Secretary, Deptt. of Energy Vs. the State o ...
Court: Jharkhand
Decided on: Feb-27-2004
Reported in: [2004(2)JCR183(Jhr)]
P.K. Balasubramanyan, C.J.1. This petition is filed on behalf of respondent No. 6 in the writ petition, the Secretary at the registered office of the Tenughat Vidyut Nigam Limited, Vidyut Bhavan, Patna, praying for an adjournment of the writ petition and the analogous writ petition, W.P.(C) No. 1542 of 2003. W.P.(C) No. 1542 of 2003 was filed first in this Court by the Tenughat Vidyut Nigam Limited, through its Managing Director said to be located in Ranchi in the State of Jharkhand for the issue of a writ of mandamus directing the respondents, including the State of Bihar and what is called the parallel Tenughat Vidyut Nigam Limited, Bailey Road, Patna, to hand over the entire documents, articles and office records concerning the company. Tenughat Vidyut Nigam Limited. The company was one registered, when the State of Jharkhand was not separated from the State of Bihar under the Bihar Reorganisation Act 2000, and the registered office of the company was at Patna, the then capital of t...
Tag this Judgment!i.T.W. Signode India Ltd. (iii) and anr. Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Feb-27-2004
Reported in: [2004(2)JCR385(Jhr)]; [2006]144STC547(Jharkh)
P.K. Balasubramanyan, C.J.1. The petitioner-company has its registered office in Hyderabad in the State of Andhra Pradesh and is manufacturing steel strap systems in collaboration with Signode Corporation, USA. It is an assessee registered under the Andhra Pradesh Sales Tax Act and the Central Sales Tax Act. The petitioner company entered into three contracts with M/s. Tata Iron & Steel Company Limited (hereinafter referred to as TISCO), located at Jamshedpur in the erstwhile State of Bihar, but now in the State of Jharkhand. The first contract was for the supply of straps, seals, tools and spare parts. According to the petitioners, straps and steels are supplied directly from Hyderabad to TISCO, Jamshedpur and the tools and spare parts are imported and supplied to TISCO from Hyderabad. It is collecting and paying tax on the sales under the Central Sales Tax Act. The petitioner has also entered into a contract with TISCO for service, examination, tests, adjustment, cleaning, oiling, et...
Tag this Judgment!Jugesh Kumar Vs. Central Coalfields Ltd. and ors.
Court: Jharkhand
Decided on: Feb-27-2004
Reported in: [2004(3)JCR56(Jhr)]
ORDERAmareshwar Sahay, J.1. The petitioner being the son of Late Mahendra Ex-Dumper Operator Sirka Colliery of Central Coal Fields Limited applied for appointment on compassionate ground that his father died in harness and therefore, he was entitled to employment under Clause 9.3.2 of N.C.W.A.2. The claim of the petitioner was rejected by the respondent vide Annexure 3 dated 4.6.2003 on the ground that as his name does not appear in the official records, therefore, his claim for appointment on compassionate ground was not considered by the competent authority. This said very order of rejection is under challenge in this writ petition.3. The learned counsel for the petitioner submits that from Annexures 2 and 2/1 i.e. services excerpts of Late Mahendra Sao and Form 'D' regarding availing L.T.C. benefit it appears that the name of the petitioner is very well mentioned in the aforesaid documents which is clearly established that the petitioner is the son of Late Mahendra. It is further su...
Tag this Judgment!iqra Masjid Welfare Society Vs. Managing Committee of Iqra Mosque and ...
Court: Jharkhand
Decided on: Feb-27-2004
Reported in: 2004(1)BLJR636
P.K. Balasubramanyan, C.J.1. These appeals arise from a dispute regarding the management of a mosque between the managing committee of Eqra Mosque registered under the Wakf Act and the Eqra Masjid Welfare Society registered under the Societies Registration Act, 1860. For convenience, we shall hereinafterrefer to the two rival parties, as the Wakf Committee and the society committee.These appeals arise from CWJC Nos. 4323 of 1998 (R) and 4822 of 1998 (R).The Wakf Committee and another in CWJC No. 4323 of 1998 challenged the orderof the Minister Incharge, Minority Welfare; Government of Bihar, dated 12.5.1998allegedly in exercise of powers under Section 43(4A) of the Wakf Act, 1954. Theorder writ petition, CWJC No. 4822 of 1998, was filed by the Secretary of the WakfCommittee challenging the registration granted to the Masjid Eqra Welfare Societyunder Section 3 of the Societies Registration Act, 1860. The learned Single Judge,in the judgment under appeal, after hearing both sides, allowe...
Tag this Judgment!iqra Masjid Welfare Society Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-27-2004
Reported in: [2004(2)JCR397(Jhr)]
P.K. Balasubramanyan, C.J.1. This is a motion for initiating action in contempt against the respondents for wilful disobedience of the order of this Court dated 4.9.2003 in LPA Nos. 215, 223, 224 and 225 of 2003. By that order, we had appointed one set of office bearers,being the office bearers of the Society registered under the Societies Registration Act, to manage the various properties involved as Receivers. By the final judgment, we have disposed of these appeals. What remains is really to implement that judgment. In that circumstances, we do not think that it is necessary to take any action in this contempt proceeding except to direct the Deputy Commissioner, Ranchi and the Superintendent of Police, Ranchi, to give the needed protection to the recognised office bearers as per the final judgment rendered in the matter of administration of the Masjid, the shops and all the properties of the Institution. The two authorities above named will ensure that full control over the properti...
Tag this Judgment!Ravindra Nath Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-26-2004
Reported in: [2004(2)JCR259(Jhr)]
ORDERTapen Sen, J.1. When this case was called out, Mr. Ajay Kumar Singh, Advocate stated that the client has taken away the file and he has given 'No Objection'. Thereafter the case was called out on a number of times but no body appeared to press this application on behalf of the petitioner.2. In this writ petition, the petitioner has prayed for quashing the order dated 04.10.2002 as contained in Annexure-7 whereby and whereunder he has been removed from the post of Accountant-cum-Head Clerk of the Hazaribagh Mines Board.3. Upon perusal of the impugned order, it is evident that the Additional Collector-cum-Secretary, Hazaribagh, Mines Board, Hazaribagh (respondent No. 3) has taken into consideration two First Information Reports lodged against the petitioner and has also taken into consideration allegations of misuse of funds, acts of fraudulence, misappropriation and also the alleged involvement of the petitioner in a case relating to theft of the Road Roller. In addition, it has al...
Tag this Judgment!Jugal Mishra Vs. Mahabir Sao and ors.
Court: Jharkhand
Decided on: Feb-26-2004
Reported in: [2004(2)JCR475(Jhr)]
ORDERP.K. Balasubramanyan, C.J.1. In this motion under Article 227 of the Constitution of India, the defendant, the appellant before the Lower Appellate Court, seeks to assail the order of the lower Appellate Court, dismissing an application made by him under Order XLI, Rule 27 of the Code of Civil Procedure, seeking to produce additional evidence in appeal. The application in that behalf was opposed on various grounds by the plaintiffs in the suit, the respondents. In the appeal before the lower Appellate Court. The Lower Appellate Court, on a consideration of all the relevant aspects, dismissed the application.2. Impugning the decision of the Lower Appellate Court, learned counsel for the petitioner, relied on the decision of the Supreme Court in State of Rajasthan v. T.N. Sahani and Ors., (2001) 10 SCC 619, and contended that the Lower Appellate Court should have considered application under Order XLI, Rule 27, CPC only alongwith the appeal when the appeal was taken up for final dis...
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