Jharkhand Court February 2004 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Ghanshyam Das Vs. the Indian Oil Corporation Ltd. and ors.
Court: Jharkhand
Decided on: Feb-24-2004
Reported in: [2004(2)JCR185(Jhr)]
Amareshwar Sahay, J.1. The Indian Oil Corporation Ltd., by an advertisement published in the newspaper on 02.09.2000, invited applications for Petrol-Diesel dealer retail outlet and other dealerships for different areas from the eligible candidates fulfilling the eligibility criteria mentioned in the said advertisement including that of Petrol-Diesel retail outlet in Ranchi town (H.E.C., Ranchi). The said advertisement has been annexed as Annexure 1 to the present writ application,2. The writ petitioner has challenged the grant of dealership of Petrol-Diesel retail outlet in favour of the respondent No. 4, Smt. Rinku Rai by the Indian Oil Corporation Ltd. for Ranchi town (H.E.C. Ranchi) on two grounds firstly, that the respondent No. 4 was not a resident of Ranchi district and secondly that her annual income was more than Rs. 2 lakhs per annum and, therefore, she was not eligible for grant of the aforesaid dealership in view of the eligibility criteria fixed by the Indian Oil Corporati...
Nilambar Sahu and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-24-2004
Reported in: 2004(2)BLJR1136; [2004(2)JCR178(Jhr)]
M.Y. Eqbal, J.1. Heard Mrs. A.R. Choudhary, learned counsel appearing for the writ petitioner and learned Government Pleader No. 2 appearing for the respondents-State.2. The writ petition was filed by the petitioners for quashing the letter dated 17.2.2003 and the order dated 24.5.2003 passed by the respondents whereby the mining lease granted in favour of the petitioner was terminated.3. The petitioner's case is that in the year 1996 on the application filed by the petitioners for the grant of mining lease in respect of the land in question. A mining lease was granted and a lease agreement was executed for a period of 10 years. However, in 1999 the mining lease was terminated on the ground that the land falls under Palkot Wild Life Sanctuary as notified by the Government.4. The respondents appeared and filed counter-affidavit and the matter was heard on several dates. The Deputy Commissioner in his counter-affidavit took the stand that the land falls within the area of Wild Life Sanct...
(Dr.) Lalit Minz and ors. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-24-2004
Reported in: [2004(2)JCR181(Jhr)]
M.Y. Eqbal, J.1. In these writ petitions the petitioners have prayed for a direction upon the respondents particularly respondent No. 3, the Director, Rajendra Institute of Medical Science, Ranchi (shortly RIMS) to accept their joining in the RIMS.2. The petitioners who are the Medical Officers, were transferred -by notification dated 6.1.2004 and 13.1.2004 issued by the Government of Jharkhand transferring them from different Health Centers and hospitals to RIMS. Their grievance is that after having been relieved, they submitted their joining to respondent No. 3, the Director, RIMS but the latter either refused to accept their joining or after acknowledging the receipt of joining report, they are not allowed to join in RIMS.3. The respondents, namely, the Director. RIMS filed counter-affidavit stating inter alia that the then Rajendra Medical College & Hospital has been converted into RIMS in the year, 2000 by virtue of Rajendra Institute of Medical Science Act, 2002. The State Govt. ...
Sujit Kumar Roy Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Feb-24-2004
Reported in: 2004(2)BLJR1118; 2004CriLJ3693; II(2004)DMC477
Vikramaditya Prasad, J.1. The trial Court convicted the revisionist for the offence under Sections 468, 471, 467, 476, 420 and 120B, IPC and sentenced him to undergo R.I. for three years on each count, besides the revisionist was also convicted under Section 4 of the Dowry Prohibition Act and sentenced to undergo R.I. for one year. Against those convictions and sentence, the revisionist had preferred an appeal. The Appellate Court acquitted him of the charge under Sections 467 and 476, IPC and with that modification, confirmed the conviction under other sections and also the sentence. This revision has been filed against the aforesaid conviction and sentence ordered by the Appellate Court.2. The brief facts of the case is that as per the written report of the informant, PW 7, this revisionist was his patient and the informant had a niece to marry. This revisionist informed him that his nephew (son of the brother of his wife) was a high official in the Central Government and if he so li...
Mrs. Kanan Bala Tirkey Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-24-2004
Reported in: [2004(2)JCR10(Jhr)]
ORDERM.Y. Eqbal, J.1. The petitioner seeks a direction upon the respondents to make appointment on the post of Assistants in the Vidhan Sabha Secretariat strictly as per the provisions of Jharkhand Vidhan Sabha Secretariat (Recruitment and Condition of Services) Rules, 2003 and on the basis of the advertisement issued by respondent No. 2 and published in the Newspaper dated 20.12.2003 and further for quashing the advertisement issued by Incharge Secretary of the Jharkhand Vidhan Sabha, Ranchi on 29.12.2002 not to make appointment on the basis of said advertisement.2. Petitioner's case is that the Jharkhand Vidhan Sabha (Recruitment and Condition of Services) Rules, 2003 (in short the 'Rules') has been published in Jharkhand Gazette on 10.3.2003 making provision for constitution of appointment committee for the purpose of recruitment of staff in Jharkhand Vidhan Sabha Secretariat. On 20.12.2003 advertisement for appointment has been issued by the Speaker of the Vidhan Sabha for appointm...
Association of Retired Employees of Coal Association Through Its Secre ...
Court: Jharkhand
Decided on: Feb-23-2004
Reported in: [2004(2)JCR30(Jhr)]
M.Y. Eqbal, J. 1. The petitioner representing the retired employees of Central Coalfields Limited prayed for issuance of a writ of mandamus commanding upon the respondents to fix up their pension on the basis of recommendation made by Fifth Central Pay Commission w.e.f. 1.1.1996 and also to pay revised pension and arrears of pension from the aforesaid date.2. The petitioner's case is that the members of the petitioners association were initially appointed in the Steel and Mines Ministry, Government of India. Later on their services were under the Coal Production Development Commissioner. In 1965 the Government of India, Ministry of Steel and Mines took a decision with the agreement of the National Coal Development Corporation all employees like members of the petitioners association shall be deemed to be the employees of the Corporation w.e.f. 1.10.1956 on the same tenure, same remuneration and same terms. It is contended that in 1972 the National Coal Development Corporation issues a ...
Dukhilal Sao Vs. the State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-23-2004
Reported in: [2004(2)JCR190(Jhr)]
ORDERAmareshwar Sahay, J.1. In the Instant writ application, the petitioner has prayed for quashing of the order as contained in Annexure 2 to the writ application, dated 18.09.1990 passed by the L.R.D.C., Dhanbad in Land Ceiling Case No. 17/1983-84/ 1/1990-91 rejecting the application filed by the petitioner under Section 16(3) of the Land Ceiling Act, 1961. The said order of the L.R.D.C. was confirmed in appeal by order dated 20th of July, 1992 by the Additional Collector, Dhanbad, as contained in Annexure 3 to the writ application. The petitioner, thereafter preferred a Revision which was also dismissed by the Member, Board of Revenue, Bihar, Patna by the order doted 30th of June. 1994, as contained in Annexure 4 to the present writ application. The land in dispute is Plot No. 367 under Khata No. 18 Area more or less 2 Kalhas.2. An application under Section 16(3) of the Land Ceiling Act was filed by the petitioner, stating therein that he was the adjoining Raiyat. It is stated that ...
Arjun Prasad Sinha Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-23-2004
Reported in: [2004(2)JCR254(Jhr)]
M.Y. Eqbal, J.1. In this writ application the petitioner has prayed for quashing the order dated 12.8.1983 passed by Deputy Commissioner, Hazaribagh whereby he has been dismissed/removed from the service and also the order passed by Commissioner, North Chhotanagpur Division and the Additional Member Board of Revenue, Government of Bihar, Patna by which order of dismissal has been affirmed in appeal and revision filed by the petitioner.2. It appears that in 1975 while the petitioner was posted in the Collectorate, Hazaribagh, he was put under suspension by order dated 9.7.1975 and memo of charge was served in respect of the following charges ;(i) Petitioner while holding post of Ex. Arms Clerk Issued a Gun License No. 8/75 to Sri Parmanand Upadhya without the orders of the competent authority after forging the signature of District Arms Magistrate Sri R.P. Mukherjee.(ii) Petitioner made interpolation in Col. 5 of page 92 of Arms Register Vol. 1 by making some entry and forged the initia...
Feroza Khatoon and ors. Vs. Shiv Munda and anr.
Court: Jharkhand
Decided on: Feb-23-2004
Reported in: [2004(2)JCR549(Jhr)]
ORDER1. This is an appeal by the claimants. The claimants, the mother, wife and children of deceased, Amir Hussain, approached the Claims Tribunal for compensation of the plea that Amir Hussain died as a result of an accident on 2.10.1993. While he was riding on Scooter, he was hit by a Matador Van and the accident was as a result of the negligence on the part of Matador driver, who was also its owner. Evidence was adduced on the income that was being earned by Amir Hussain. Though the Tribunal did not fully accept the evidence, in that behalf, it came to a finding on the basis of the available material that the monthly income of the deceased was Rs. 2000/-. The claims Tribunal after reducing the amount that would be spent by the deceased on himself, valued the dependency at Rs. 1300/- per month. The annual dependency was thus calculated as Rs. 15,600/-. Applying the multiplier of 15, the compensation was adjudged at Rs. 2,34,000/-. A sum of Rs. 10,000/- was awarded for loss of expecta...
New India Assurance Co. Ltd. Vs. Smt. Ramanti Devi and ors.
Court: Jharkhand
Decided on: Feb-23-2004
Reported in: [2004(3)JCR158(Jhr)]
1. Heard. In spite of notice sent, the owner of the vehicle, respondent No. 5, has not appeared.2. This Letters Patent Appeal has been preferred by the Insurance Company. Learned Advocate General appearing on behalf of the Insurance Company raised only one point in this appeal. It was that the driver of the vehicle did not have a licence to carry explosives in the vehicle in terms of Rule 9(3) of the Central Motor vehicle Rules, 1993 and in the light of that position, the Insurance Company is entitled to recover the amount covered by the award from the owner of the vehicle. He has, therefore, only taken exception to the fact that that right of the Insurance Company has not been saved by the judgment under appeal.3. We see considerable force in the submission of the learned Advocate General. We are, therefore, satisfied that the right of the Insurance Company to be reimbursed by the owner of the vehicle should be kept open. We, therefore, clarify that it will be open to the Insurance Co...
- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- 7
- 8
- 9
- Next ›
- Last »