Jharkhand Court February 2004 Judgments
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Om Prakash Kapoor Vs. State of Bihar (Now Jharkhand) and anr.
Court: Jharkhand
Decided on: Feb-23-2004
Reported in: IV(2004)BC431; 2004(2)BLJR1282; 2004CriLJ3229
Vikramaditya Prasad, J. 1. This revision is directed against the judgment dated 18.2.1998 passed in Cr. Appeal No. 35/1993, whereby and whereunder the learned appellate Judge set aside the conviction of the revisionist under Section 420 IPC, but confirmed the conviction under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act) and also confirmed the sentence of one year R.I. passed by the trial Court. .2. The impugned judgment has been mainly challenged on the grounds that the notice required under Section 138 of the Act was not served upon the revisionist; consequently, the cause of action did not arise to the complainant and in view of the provisions of Section 142(1) of the Act, the cognizance could not have been taken. Therefore, the prayer made is to set aside the conviction and acquit the revisionist.3. The aforesaid conviction arises out of the short facts that the revisionist used to carry business in the name of M/s. P.K. Enterprises and M/s. Eve...
Lalan Prasad Yadav Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-23-2004
Reported in: [2005(2)JCR79(Jhr)]
R.K. Merathia, J.1. Heard the parties.2. In this writ petition, the order dated 21.7.1995 (Annexure-9) has been challenged. By this order, petitioner who was a Peon, a class IVth employee, was provisionally appointed as dispatch clerk, a class IIIrd post with effect from 1.8.1995. Petitioner claimed that instead of 1.8.1995 he should have been appointed on the said post of dispatch clerk with effect from 8.7.1986. On 3.9.1997, during the pendency of this writ petition, on his purported representation, he was appointed on the post of dispatch clerk, with effect from 1.8.1986, without monitory benefits, vide Annexure-A, to the counter affidavit. Though this order dated 3.9.1997, not granting monitory benefits, has not been challenged by the petitioner in this writ petition but his learned counsel submitted that petitioner is entitled to the monitory benefits also with effect from 1.8.1986.3. From the materials placed before this Court, it is not clear whether the said orders dated 8.7.19...
Kishore Kumar Sinha and ors., Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-20-2004
Reported in: 2004(1)BLJR754; [2004(2)JCR50(Jhr)]
ORDERM.Y. Equbal, J.1. In these writ petitions since, common question of law and facts are involved, the same have been heard and disposed of by this common judgment.2. Petitioners have prayed for quashing the order as contained in letter dated 29.11.2003 issued under the signature of Joint Director (Headquarter), Directorate, of Employment, Jharkhand, Ranchi whereby services of the petitioners have been terminated on the basis of letter issued by Director, Directorate of Employment and Training, Government of Bihar vide memo dated 21.10.2003.3. There are altogether 22 writ petitioners. Their case is that they being eligible for appointment on Class III posts got themselves registered in different employment exchanges. Inl989 the Assistant Director, Directorate of Employment and Training made requisition for appointment against the vacant class-Ill posts from the employment exchange and advertisements to that effect were also made in the local newspaper. Pursuant to that names of the p...
Prasenjit Ghosh Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-20-2004
Reported in: [2004(2)JCR201(Jhr)]
M.Y. Eqbal, J.1. In this writ application the petitioner seeks a direction upon the respondents to revoke the order of suspension with effect from 16.7.1996 and to pay him full salary for the said period.2. The petitioner was working on the post of typist in the office of the Administrator, Research Cell, Adityapur, Jamshedpur. In 1996 a criminal case was instituted against him under Sections 498A and 306, IPC and petitioner was arrested in this case on 16.7.1996. Pursuant to that arrest he was under suspension vide order dated 23.11.1996. However, the petitioner was released on bail, by this Court by order dated 8.7.1997 in Criminal Misc. No. 2514 of 1997. The petitioner then joined his service on 14.5.1997. It is contended by the petitioner that he has been acquitted in the aforesaid criminal case by judgment dated 25.8.1999 by the Court of Additional Sessions Judge, Saraikella. After acquittal his suspension order was revoked by the Administrator, Subarnarekha Project w.e.f. 25.8.19...
Moti Raj Devi and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-20-2004
Reported in: [2004(2)JCR94(Jhr)]
Amareshwar Sahay, J.1. The Original writ petitioner Suresh Singh, died during the pendency of the writ application and as such by order dated 4.1.2001 his heirs i.e. his wife and sons were allowed to be substituted in his place.2. The prayer of the husband of the petitioner No. 1 in this writ application is for direction to the respondents to pay all retrial benefits and other dues including Provident Fund. Gratuity, Leave Salaries, Group Insurance etc. and also to fix his pay in the revised scale from September 1972.3. The original writ petitioner was posted as Branch Manager of Hazaribagh. Central Co-operative Bank Ltd. and he was transferred to Bokaro Steel City in the month of January, 1972. For certain charges, he was suspended on 18.9.1972 and ultimately he was dismissed from services on 10.10.1975 which was challenged before this Court in CWJC No. 2548 of 1975 and this Court set-aside the order of dismissal from service with a direction to complete the departmental enquiry in ac...
Rajesh Kumar Trivedi Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-20-2004
Reported in: [2004(101)FLR1148]; [2004(2)JCR33(Jhr)]
M.Y. Eqbal, J. 1. In the instant writ application the petitioner has prayed for quashing the order dated 16.4.1994 whereby the claim of the petitioner for compassionate appointment has been rejected.2. Petitioner's father who was a teacher in a Government Primary School, died in harness on 11.7.1986. On his death petitioner's mother applied for her appointment on compassionate ground. However, before any decision was taken she died on 22.8.1988. After her death the petitioner, being the son, filed an application on 30.8.1989 for his appointment on compassionate ground. His application was rejected by the respondents on the ground that at the time of the death of his father he was only a student of Class VIIth. The petitioner challenged the said order by filing a writ petition being CWJC No. 2672/93(R). A Division Bench of this Court disposed of the writ petition on 10.12.1993 directing the Deputy Commissioner. Hazaribagh and also respondent Nos. 2 to 4 to consider the case of the petit...
Moti Picture Palace and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-20-2004
Reported in: [2004(2)JCR541(Jhr)]; (2009)20VST743(Jharkh)
Acts/Rules/Orders: Bihar Entertainments Tax Act, 1948 - Section 3B; Constitution of India - Article 226Cases Referred: State of U.P. v. Jagjit Singh, (2003) 8 SCC 270Disposition: Petition dismissedorder1. The writ petitioners are the proprietors of Cinema Theatres in Giridih. They had all chosen to compound their liability to pay tax under the Bihar Entertainments Tax Act, 1948 under Section 3-B thereof. They were to pay a fixed sum as per that section in lieu of their liability to tax under the Act. Due to some law and order problem, a curfew was imposed in Giridih during the period 16.03.2003 to 20.03.2003. According to the petitioners, they were asked to close down their theatres, or not to exhibit cinema shows. The order, itself, is not produced by the petitioners. But, they have produced Annexurc-1, an order which refers to the curfew and which permits the theatre owners in general to resume shows from 21.03.2003. The petitioners, who are to pay the compounding fee weekly and in a...
Gayatri Devi Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-20-2004
Reported in: [2004(2)JCR192(Jhr)]
M.Y. Eqbal, J.1. The petitioner who is the widow of late Babulal Singh seeks a mandamus directing the respondents to appoint her on compassionate ground. Petitioner's case is that her husband was Home Guard posted at Garu in the district of Latchar. He died in harness on 24th July, 1999 while he was on duty in an encounter by the extremists along with two other Home Guards. After the death of her husband in an encounter by the extremists she made an application before the Commandant, Bihar Home Guard for appointment on compassionate ground. She also requested the Superintendent of Police, Palamau and the Commissioner of police. Palamau for her appointment on compassionate ground. Her further case is that the Commandant, Bihar Home Guard recommended her case and requested the Deputy Commissioner, Palamau for giving employment to the petitioner. A copy of the letter dated 17.1.2001 has been annexed as Annexure 3 to the writ application. It is contended by the petitioner that till date no...
Sakur Ansari Vs. Bihar State Electricity Board and ors.
Court: Jharkhand
Decided on: Feb-20-2004
Reported in: [2004(2)JCR319(Jhr)]
Amareshwar Sahay, J.1. The back ground of the case is that a writ application being CWJC No. 1317 of 1993 (R) was filed before the Ranchi Bench of the Patna High Court by the petitioner alongwith others against the Bihar State Electricity Board and others, for issue of writ of mandamus, directing the Respondents for their absorption, as according to them, their lands were acquired for construction of Patratu Thermal Power Station and that in terms of the policy decision, the displaced persons were to be provided with suitable jobs. It was asserted that a list of 403 persons was prepared out of which only 289 persons were provided employment and the rest 114 displaced persons, no employment as per the policy decision was given. The said writ application was disposed of by a Division Bench by Judgment dated 4.9.1993. Para 7 to 9 of the said judgment are important and relevant for the decision of the present case, which is quoted herein below :'7. The Bihar State Electricity Board, a Stat...
Shiv Kumar Sharma Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Feb-20-2004
Reported in: 2004CriLJ2143; I(2005)DMC232
ORDERLakshman Uraon, J. 1. This Criminal Writ Application has been filed with a prayer for issuance of an appropriate writ, order or direction to quash the entire criminal proceeding against this petitioner in Koderma (Tilaiya) P.S. Case No. 134 of 2003, corresponding to G.R. No. 199 of 2003, initiated under Sections 420/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, pending in the Court of learned Chief Judicial Magistrate, Koderma.2. Respondent Mo. 2 Deepak Kumar Sharma (complainant/informant) in Complaint Case No. 84 of 2003 has alleged that he negotiated the marriage of his sister with this petitioner for which he paid Rs, 85,000/- on 17-3-2003 to the father of this petitioner, namely Jiwlal Thakur, but subsequently the marriage could not be materialised.3. In course of hearing it is submitted that both the parties have entered into a compromise by filing joint compromise petition in the Court below.4. On perusal of the petition (Annexure 2), filed on behalf of b...
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