Jharkhand Court February 2004 Judgments
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indra Narayan Mahato Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-16-2004
Reported in: [2004(2)JCR53(Jhr)]
M.Y. Eqbal, J.1. Heard the parties.2. In this writ petition, the petitioner has prayed for quashing the order dated 23.5.1995 issued by the Director, Secondary, Primary and Audit Education, Bihar by which he has held that there is no ground to cancel or modify the earlier order dated 25.9.1991 whereby the respondent No. 4 has been declared senior to the petitioner and further prayed for quashing the letter dated 22.6.1995 issued by the District Education Officer, Singhbhum at Jamshed-pur by which he has directed recovery of excess salary of Selection Grade teacher paid to the petitioner because of his illegal promotion to the Selection Grade,3. It appears that petitioner earlier moved this Court bearing CWJC No. 2371 of 1991 (R) challenging the order whereby the Selection grade given to the petitioner was cancelled. The writ petition was disposed of on 26.7.1994 with a direction to the Director, Secondary Education, Bihar to decide the question of seniority of the petitioner vis-a-vis ...
Tata Engineering and Locomotive Company Ltd. Vs. Presiding Officer, La ...
Court: Jharkhand
Decided on: Feb-16-2004
Reported in: [2004(2)JCR132(Jhr)]
Amareshwar Sahay, J.1. In this application the petitioner TELCO has challenged the Award dated 5.1.1996, passed by the Labour Court, Jamshedpur in Ref. Case No. 10 of 1987 as contained in Annexure-7 whereby the Labour Court, set-aside the order of dismissal from service against the respondent No. 2 namely N.K. Singh and directed him to reinstate in service with half wages and other consequential benefits including continuity of service.2. The facts which are not In dispute arc that the respondent No. 2 N.K. Singh i.e., the concerned workman was in unauthorised occupation of the Company's quarter No. N-121/4 and one another workman namely R.P. Singh was in unauthorised occupation of Company's quarter No. K-11/8. Against both of them Civil Suits were filed for their eviction and the suits were decreed in favour of the Company. For execution of the decree passed against both the aforesaid workmen i.e. the petitioner and R.P. Singh. Nazir of Civil Court and A.K. Banerjee Town warden with o...
Society for Rural Industrialization Tdc-trc Network and ors. Vs. State ...
Court: Jharkhand
Decided on: Feb-16-2004
Reported in: [2004(2)JCR84(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties.2. Petitioners have prayed for :(a) Declaring letters dated 25.11.2003 (Annexure-27). 5.12.2003 (Annexure-32), and 18.12.2003 (Annexure-34) issued by the respondent No. 2 as arbitrary, illegal and unconstitutional;(b) Commanding the respondents to forebear from seeking refund of Rs. 35 lakhs from the petitioners for which works have been carried out and for a direction to pay the remaining balance amount with interest for the work done by the petitioners;(c) Declaring the threatening of black listing as illegal and arbitrary;(d) Setting aside the Joint reports (Annexures-27/1 and 32/1) submitted by the experts;(e) For referring the matter to an independent expert body unconnected with the State for resolving the dispute.3. The petitioner No. 1 is a Society registered under the Societies Registration Act and the petitioner No. 2 is it's Secretary. They will be referred as petitioner.On 25th March, 2003, State of Jharkhand entered into a consult...
Smt. Vijay Laxmi and ors. Vs. Smt. K. Simachalan @ Simachalan
Court: Jharkhand
Decided on: Feb-16-2004
Reported in: AIR2005Jhar8; [2004(2)JCR641(Jhr)]
ORDER1. The appellants before us claiming to be the wife and children of one K. Shankar Rao, filed an application under Section 372 of the Indian Succession Act for the issue of a succession certificate. A citation was issued to the mother of K. Shankar Rao. She entered appearance and questioned the status of the applicants as the legally wedded wife and children of K. Shankar Rao who died on 25.08.1996. Though some evidence was adduced on behalf of the applicants and on behalf of the mother, the Court dealing with the application felt that it was not in a position to finally decide the status of the applicants on which depended the right to the succession certificate and therefore found that he was not in a position to grant the succession certificate to the applicants. The application was thus, dismissed. The applicants filed an appeal before this Court. The learned Single Judge, on a consideration of the relevant aspects, felt that it was not proper to decide the question of the sta...
Management of Usha Breco Ltd. Vs. Presiding Officer, Labour Court and ...
Court: Jharkhand
Decided on: Feb-16-2004
Reported in: [2004(102)FLR690]; [2004(3)JCR149(Jhr)]; (2004)IIILLJ1048Jhar
1. CWJC 3359 of 1992(R) was filed by the Management challenging the award of the Labour Court, Jamshedpur in Reference Case No. 9 of 1985. By that award, the Labour Court set aside the punishment of dismissal awarded to two workmen, K.K. Yadav and R.P. Singh and directed their reinstatement with full back wages from the date of their dismissal to the date of their reinstatement. According to the Management, the Labour Court had acted without jurisdiction in passing such an award since by an order dated 16:8.1990, it was found that the Domestic Enquiry conducted by the Management against the workmen was valid and proper and what remained to be decided in terms of Section 11(A) of the Industrial Disputes Act was the question whether the punishment was disproportionate to the charges proved. But, what the Labour Court did was to reconsider the evidence taken at the Domestic Enquiry and to record a finding that the charges against the workmen were not proved by the Management, in disagreem...
Chittaranjan Chaturvedi Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-13-2004
Reported in: [2004(2)JCR360(Jhr)]
Amareshwar Sahay, J.1. The petitioner, in this writ application has prayed for quashing of Notification as contained in Annexure- 5 dated 15.1.1996, issued by the Government of Bihar, Department of Mines and Geology, by which. Indra Deo Paswan, District Mining Officer was promoted to the post of Deputy Director (Mines) with retrospective effect from 21.6.1993, whereas the petitioner was promoted as Deputy Director (Mines) with effect from 1.2.1994. The further prayer of the petitioner in this writ application is to quash the Notification dated 5.3.1995 issued by the Government of Bihar, whereby the respondent No. 4, Indra Deo Paswan was made Additional Director (Mines) on officiating basis.2. The case of the petitioner is that he was promoted to the post of District Mining Officer on 29.1.1972, whereas the respondent No. 4 was appointed as District Mining Officer on 21.6.1983. It is said that the petitioner as well as the respondent No. 4, Indra Deo Paswan were made the Deputy Director...
Raj Kumar Roy Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-13-2004
Reported in: [2004(2)JCR65(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the learned counsel for the petitioner.2. The petitioner who was working asExtra-clerk in the District Registration office at Hazaribagh has been terminatedfrom his service by issue of Annexure-4 i.e.,the order dated 15.05.1997. by the DistrictRegistrar-cum-Deputy Commissioner,Hazaribagh on the ground that the petitionerand two others made some interpolation inthe Registry Book No. 1 at Pages-559-563of Deed No. 9146 of the year 1984. Theappeal filed by the petitioner against the saidorder of termination was also dismissed byorder as contained in Annexure-8 dated 10.8.2001 by the Inspector General of Registration. The petitioner has sought to challenge these two orders mainly on the ground that after submission of his show cause, neither any fresh notice to show cause was issued to him nor any enquiry was held and therefore, the action of the respondents of terminating the service of the petitioner was bad in law.3. The petitioner moved this Court earli...
(Smt.) Yamuna Mandal and ors. Vs. Kameshwar Mandal and ors.
Court: Jharkhand
Decided on: Feb-13-2004
Reported in: [2004(2)JCR165(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the defendant Nos. 1 to 4 (hereinafter called as appellants) is directed against the impugned Judgment and decree dated 30.8.1989 and 8.9.1989 respectively passed in Title Appeal No. 11 of 1976 by Shri Om Prakash Sinha, 1st Additional District Judge, Deoghar whereby and whereunder the appeal was allowed and the judgment and decree dated 23.12.1975 and 19.1.1976 respectively passed in Title (Partition) Suit No. 112 of 1970/23 of 1975 of 2nd Additional Subordinate Judge, Deoghar were set aside and the said Title (Partition) Suit was decreed.2. Plaintiff Dukhi Mandal, the predecessor in interest of present respondent 1st set had filed the aforementioned suit for metes and bounds partition of the ancestral joint family properties situate at village Bhanuarkola, Gulaldih, Dumarkola and Fatehpur situate in the District of Deoghar, Bihar (Now Jharkhand) claiming 1/4th share therein fully detailed in Schedule A (a, b, c, d) and Schedule B ...
Khatoon Bibi and ors. Vs. State of Bihar
Court: Jharkhand
Decided on: Feb-12-2004
Reported in: 2004(1)BLJR792; 2004CriLJ3017; [2005(2)JCR384(Jhr)]
Hari Shankar Prasad, J.1. This appeal is directed against the judgment of conviction dated 20.5.1998 and order of Sentence 21.5.1998 passed in Sessions Trial No. 265 of 1995 whereby and whereunder the learned 5th Additional Sessions Judge, Giridih held the appellants guilty under Section 304B of the Indian Penal Code (IPC) and held the appellants guilty and convicted and sentenced them to undergo R1 for ten years.2. Prosecution case in brief is that Jumman Mian gave a fardbeyan on 22.4.1994 at about 9.45 a.m. in the courtyard of sasural of his sister (Gulshan Bibi) that a coal loader gave information that his sister had hanged herself and died. On that piece of information, he along with other villagers went to Ghaghra and found the dead body of his sister (Gulshan Bibi) lying on cot. His sister was married with one Usman Mian three years ago and they had no issue and family members of her in-laws used to threaten her to bring cash and articles from her naihar, otherwise they would kil...
Md. Ishaque Vs. Krishna Mohan Singh @ Lalan Singh and ors.
Court: Jharkhand
Decided on: Feb-12-2004
Reported in: [2004(3)JCR73(Jhr)]
ORDERP.K. Balasubramanyan, C.J.1. Heard counsel for the petitioner and Dr. Laik, learned counsel appearing for the respondents.2. This revision under Section 115 of the Code of Civil Procedure is seen to be one challenging an order on an application for amendment of the written statement passed by the Trial Court. Dr. Laik rightly raised the objection that the revision is not entertainable under Section 115 of the Code of Civil Procedure in view of the amendment brought to that provision with effect from 1.7.2002.3. Learned counsel for the petitioner then submitted that this Court has undoubtedly jurisdiction under Article 227 of the Constitution of India to scrutinize the proceedings of the Trial Court and the matter can be considered in exercise of that jurisdiction.4. Although Dr. Laik objected to the exercise of power conferred under Article 227 of the Constitution of India, I am not inclined to accept that objection. After all, the jurisdiction of this Court is to keep the Subordi...
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