Jharkhand Court April 2004 Judgments
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(Dr.) Meera Jha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-02-2004
Reported in: [2004(2)JCR438(Jhr)]
M.Y. Eqbal, J.1. In this writ, application the petitioner has prayed for issuance of writ in the nature of certiorari for quashing the order dated 16.10.03 whereby respondent No. 4 has been given the charge of Regional Deputy Director, Health Services, Palamu Division, Medninagar and further for quashing the notification dated 13.8.02 whereby respondent No. 4 Dr. R.P. Sinha has already been given charge of Civil Surgeon-cum-Chief Medical Officer in spite of the fact that he is junior to the petitioner.2. The petitioner's case is that in the seniority list of Medical Officers working in the State of Jharkhand petitioner is at Sl. No. 18 and respondent No. 4 Dr. R.P. Sinha is at Sl. No. 40.3. Petitioner was posted as Medical Officer, Sadar Hospital, Daltonganj and was transferred to Jamtara on 18-8-2001. Petitioner was again transferred from Jamtara to Daltonganj as District Malaria Officer on 22.2.03. The respondent No. 4 Dr. R.P. Sinha has been working in the Palamu district for the la...
Lilawati Sahun Vs. Madan Sahu and ors.
Court: Jharkhand
Decided on: Apr-02-2004
Reported in: [2004(2)JCR428(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the defendant appellant has been preferred against the impugned judgment and decree dated 9.6.1989 and 19.6.1989 passed in Title Appeal No. 1 of 1989 by Shit B.K. Dubey, District Judge, Gumla whereby and whereunder the judgment and decree dated 12.12.1988 and 21.12.1988 respectively passed in Title Suit No. 20 of 1986 by Munsif, Gumla were set aside and appeal was allowed declaring the title in respect of four plots also in favour of the plaintiffs-respondent.2. The plaintiff-respondent Paras Sahu (since dead) had filed Title Suit No, 20 of 1986 for declaration, of his title in respect of plot Nos. 1704, 2104, 2140, 2201, 2202 and 2745 appertaining to Revisional Survey khata No. 38 fully detailed in Schedule A of the plaint. The Trial Court had decreed the suit in part declaring the title of the said plaintiff-respondent in respect of plot No. 1704 and 2202 only. The plaintiff-respondent filed Title Appeal No. 1 of 1989 whereby his...
Kailash Chandra Sharma Vs. Uday Kumar Rajgaria and ors.
Court: Jharkhand
Decided on: Apr-02-2004
Reported in: [2004(2)JCR638(Jhr)]
ORDERP.K. Balasubramanyan, C.J.1. This is a proceeding under Article 227 of the Constitution of India initiated by the defendant, the tenant of a building. The plaintiffs-landlord made an application for payment of rent under Section 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'The Act'). It appears that for the period, June, 1988 to February, 1991, the tenant had not deposited the rent. Actually, me consequences should have followed but the plaintiffs filed a second application to point out that the rent for these months had not been deposited. Various objections were raised by the defendant including the objection that the application was barred by limitation. Of course, he had a plea that the rent for these months had already been deposited or paid. The Court below made a prima facie enquiry on the application under Section 15 of the Act for the payment of rent for the said period and disbelieved the case that the rent for the s...
Ram Das Tigga Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Apr-02-2004
Reported in: [2004(102)FLR114]; [2004(2)JCR427(Jhr)]
M.Y. Eqbal, J. 1. In this, writ application the petitioner has prayed for quashing the notice issued by respondent No. 2. The Registrar Trade Unions-cum Labour Commissioner, Government of Jharkhand, Ranchi calling, upon the petitioner to submit papers in connection with election of the office bearer and restraining him from adjudicating upon dispute relating to office bearers of trade unions.2. The petitioners case is that he is a member of registered trade union namely Research and Development Center and Steel Authority of India Ltd. employees union. According to bye laws a general election for the office bearers of the union was held after following the procedures and the result of the election was announced by the Returning Officer on 20.10.2003 by issuance of a circular. In the said election altogether 21 persons were elected and petitioner is one of them. There was no objection dissent from any quarter nor from the management or Labour Department. However two faction started claim...
Mahali Oraon and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-02-2004
Reported in: 2004(2)BLJR1306; [2004(2)JCR625(Jhr)]
ORDERP.K. Balasubramanyan, C.J.1. This is a proceeding initiated by the defendants under Article 227 of the Constitution of India. The plaintiff filed a suit for declaration of his title over the property and for other consequential reliefs including the relief for a declaration that the order passed under the Chotanagpur Tenancy Act, 1907 (the Act) was illegal and unenforceable. The defendant resisted the suit. He raised the contention that the suit was not maintainable in view of Section 139-A of the Act.2. While the suit was pending, the defendant moved an application seeking the hearing of the issue of maintainability of the suit raised by him as a preliminary issue. The Court below took the view that in terms of Order XIV, Rule 2 of the Code of Civil Procedure, it would be proper to decide that issue along with the other issues in the suit. Hence, it refused to accede to the request of the defendant to hear the question of maintainability of the suit as a preliminary issue and def...
Ram Ashish Prasad Vs. Jharkhand State Electricity Board Through Its Se ...
Court: Jharkhand
Decided on: Apr-02-2004
Reported in: [2004(3)JCR136(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. Rajendra Prasad, learned counsel for the petitioner. Mr. Sidhartha Ranjan for the Jharkhand State Electricity Board and Mr. Mukesh Kumar Sinha, Junior Counsel to Mr. Mihir Kumar Jha for the Bihar State Electricity Board.2. Reference in this case may be made to the order dated 4.7.2003 by which this case was initially ordered to be placed before the Lok Adalat. However parties have stated that there was no settlement in the Lok Adalat and that is how the matter was listed again before this Court on 17.12.2003. On that day Mr. Ajit Kumar, learned counsel appearing for the Bihar State Electricity Board had sought for two weeks time as a last indulgence for filing counter affidavit. Today when the case was called out, it was noticed that no counter affidavit till date has been filed by the Bihar State Electricity Board. In that view of the matter, the right of the Bihar State Electricity Board to file counter affidavit in this case is hereby closed and with c...
Ram Sagar Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Apr-02-2004
Reported in: [2004(3)JCR167(Jhr)]
ORDERAmareshwar Sahay, J.1. The petitioner, a Head Constable/G.D. In the CISF Unit of HEC, Ranchi, HMBP 'C' Coy was proceeded departmentally for misconduct on the charges that on 20.9.2000 in 'C' shift between/ 2100 hours to 0500 hours in HMBP campus Rail Gate No. 10 the petitioner along with another CISF personnel were on duty. On 21.9.2000 at 0045 hours in the HMBP. Stores, thieves were engaged in commission of theft of Brass chips valued at Rs. 60,000/- and they by putting those articles in 23 gunny bags, were trying to take out from the campus. It is said that in that situation the petitioner did not try to challenge the thieves nor attempted to apprehend them and did not use force to arrest them rather helped the thieves in escaping from Rail Gate No. 10.2. In the departmental enquiry, which was conducted in presence of the petitioner, the charges against the petitioner were found to be proved and then after a notice to show cause to the petitioner, the disciplinary authority foun...
Brijendra Kumar Sinha Vs. the State of Jharkhand and anr.
Court: Jharkhand
Decided on: Apr-02-2004
Reported in: 2004(52)BLJR1292; 2004CriLJ3019
ORDERM.Y. Eqbal, J.1. The petitioner in the instant petition under Section 482 Cr. P. C. has prayed for quashing the order dated 20-5-2002 taking cognizance in complaint case No. 590 of 2000 by Judicial Magistrate, First Class, Ranchi and also for quashing the entire Criminal Proceeding.2. The complainant -opposite party No. 2 filed a complaint against the petitioners alleging inter alia that the petitioner and co-accused got defeated in the election held for the office bearers of the HEC Karamchari Co-operative Society Limited. Prior to election the petitioners were the office bearers. It is alleged that after losing the election the petitioner being the President and the co-accused as treasurer had passed a bill of Rs. 39,50,340/-. The accounts were subsequently verified by the newly elected committee and the defalcation was detected. It is further alleged that the petitioner and the co-accused did not handover charge to the newly elected committee. Various other allegations have bee...
Awadeshwar Thakur Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-02-2004
Reported in: [2004(3)JCR588(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. There are three prayers, made by the petitioner in this writ application which are as follows: --(1) To direct the respondent No. 2, The Registrar, Co-operative Societies, Government of Jharkhand, Ranchi to dispose of the appeal filed by the petitioner against the order dated 28.2,2001, whereby he has been found guilty in a departmental proceeding.(2) To quash the order as contained in Annexure-9 issued under the signature of the Executive Officer, Jamshedpur, The Jamshedpur General Consumer's Cooperative Stores Ltd., Jamshedpur, communicating the order to the petitioner passed by the Deputy Commissioner, Singhbhum East on the basis of the Enquiry Report and further directing the petitioner to deposit Rs. 30,000/-. An amount of Rs. 30,000/-was adjusted against him.(3) For a direction to the respondents to make the payment of salary to the petitioner from April, 1997 to November, 1997.3. So far as the prayer for payment of salary for the ...
ibrahim Mian Vs. Munsaf Mian and ors.
Court: Jharkhand
Decided on: Apr-01-2004
Reported in: [2004(2)JCR418(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the plaintiff-appellant has been preferred against the impugned judgment and decree dated 08.12.1988 and 22.12.1988 respectively passed in Title Appeal No. 2 of 1986 by Shri Bhikari Ram, 1st Additional District Judge, Palamau whereby and whereunder the judgment and decree dated 29.11.1985 and 12.10.1985 passed in Title Suit No. 11 of 1984 by Munsif, Daltonganj were set aside and appeal was allowed.2. The appellant had filed the said title suit for declaration of his title and confirmation of possession over the suit land bearing plot Nos. 160. 161, 163 and 290 appertaining to the 'dar-raiyati' khata No. 4 situate in village Banjari PS Daltonganj now Chainpur District Palamau fully detailed in Schedule A of the plaint.3. The case of the appellant in brief is that khata No. 11 of village Banjari stands recorded in the name of Nayak Tell in the cadastral Survey Records of Right and it consisted of five plots i.e. plot Nos. 160, 161, 1...
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