Jharkhand Court April 2004 Judgments
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N.R. Constructions Pvt. Ltd. Through Its Managing Director Vs. State o ...
Court: Jharkhand
Decided on: Apr-21-2004
Reported in: [2004(3)JCR109(Jhr)]
ORDER1. The petitioner in WP (C) No. 1599 of 2003 in the file of this Court is the appellant in this appeal. The appellant approached this Court with the writ petition seeking the issue of a writ of certiorari to quash the award of a contract given to respondent No. 4. The notice inviting tenders was marked as Annexure-I and it was contended by the writ petitioner that respondent No. 4 to whom the work was awarded was not qualified to be given the work since it did not fulfil the qualifications specified in the tender notification. There was also an allegation of malafides and an attempt to favour respondent No. 4 in the matter of award of the contract. The learned Single Judge did not deal with the contentions in detail, but dismissed the writ petition on the very short ground that since the writ petitioner was a defaulter in the matter of some earlier work, it was incompetent to question the validity of the award of the work to respondent No. 4. The learned Judge, therefore, held tha...
Lal Babu Khan and ors. Vs. State of Jharkhand Through the Secretary, A ...
Court: Jharkhand
Decided on: Apr-21-2004
Reported in: [2004(3)JCR161b(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. The prayer of the petitioners in this writ petition is for a direction to the respondents to regularize their services as they are working as daily wages for more than 20 years.3. For the same relief, the petitioners earlier moved before this Court by filing CWJC No. 435 of 2001, which was disposed of on 1.2.2001 (Annexure-2) in which this Court directed the petitioners to file a fresh representation before the respondent authority, particularly respondent No, 2, who will hear the petitioners and/or their representatives and dispose of the representation by speaking order. Pursuant to the said order of this Court, the Regional Director, Agriculture Marketing Board Pandara. Ranchi has passed an order on 31.8.2001, wherein he has observed that he is not a competent authority to pass any order of regularization rather for the said purpose, only the Jharkhand' State Agriculture Produce Marketing Board is powered to pass such order for regula...
Naman Kahar Vs. Khankhan Kahar and anr.
Court: Jharkhand
Decided on: Apr-21-2004
Reported in: [2004(3)JCR292(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the Instance of the plaintiff-appellant is directed against the impugned judgment and decree of affirmation dated 16.5.1989 and 30,5.1989 respectively passed in Title Appeal No. 39 of 1981, by Shri Philip Topno, 1st Additional District Judge, Palamau upholding the judgment and decree dated 20.7.1981 and 14.8.1981 passed in Title Partition Suit No. 79 of 1979 by 4th Additional Sub-ordinate Judge, Daltonganj whereby the suit of the plaintiff was dismissed 2. The plaintiff-appellant had filed the said title partition suit for metes and bounds partition of the suit property detailed in the scheduled at the foot of the plaint claiming half share therein and for carving out of a separate takhata of his half share in respect thereof by Survey Knowing Commissioner duly appointed by the Court.3. The case of the plaintiff-appellant is that the entire suit land appertains to ratyati kaimi khata No. 23, of Village-Karakat, Police Station-Daltonganj now Chainp...
Mahabir Prasad Kannodia Vs. State of Jharkhand Court and anr.
Court: Jharkhand
Decided on: Apr-21-2004
Reported in: 2004CriLJ4768
ORDER1. This application for leave to appeal under Section 378(4) of the Cr.P.C. against the judgment and order dated 30th May, 2003 passed by the Judicial Magistrate 1st Class, Latehar in Complaint case No. 4 of 1994/Trial No. 1533 of 2003 has been preferred by the petitioner after delay of about 25 days O.P. No. 2 was noticed in the matter of limitation and admission.2. Having heard the counsel for the parties and sufficient cause having been explained, we condone the delay of 25 days.3. So far as merit of the case is concerned, it appears that the petitioner claimed to have purchased the land measuring 18 acres of Plot Nos. 3 and 27 of Khata No. 58 by registered sale deed dated 18th July, 1973 (Exhibit-1) and also claimed to be in possession of the land. It was alleged that the O.P. No. 2 sold the land in question to a 3rd party, namely, Ram Prasad Singh by a sale deed contained in Exhibit 1/a, which constitutes offence under Sections 420, 468 and 504, I.P.C.4. From the pleadings ma...
Smt. Sulochana Devi and Shambhu Nath Agrawal Vs. New Indian Assurance ...
Court: Jharkhand
Decided on: Apr-20-2004
Reported in: 2005ACJ1894; AIR2004Jhar127; [2004(3)JCR31(Jhr)]
ORDERM.Y. Eqbal, J.1 .In these two writ petitions, since common question of law and facts are involved the same are disposed of by this common order.2. Petitioners are aggrieved by the decision of the respondents Insurance Company communicated vide 17.3.2003 and 13.5.2003 whereby the Insurance Company refused to issue comprehensive insurance policy in respect of the commercial vehicles owned and possessed by the petitioners.3. In W.P.C. No. 4231 of 2003 petitioner's case is that he owned and possessed commercial vehicle bearing Registration No. UP-65A-6243 having been registered by the Motor Vehicle Department Varansi in the name of petitioner. Vehicle was lastly comprehensively insured on 28.5.2003 for a period from 29.5.2002 to 28.5.2003 being estimated value of the vehicle Rs. 3,30,000/-. While the policy was to be expired on 28.5.2003 petitioner sent proposal form alongwith a cheque of Rs. 11,771/- for the renewal of his insurance policy. The respondents by the impugned letter date...
Jharkhand Rajya Sichai Abhiyantran Samaiyak Karamchari Sangh Through I ...
Court: Jharkhand
Decided on: Apr-20-2004
Reported in: [2004(3)JCR178(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. The main grievance of the petitioner in this writ application is that though the Chief Engineer by issue of a letter dated 16.5.2002 as contained in Annexure-8 to the writ application requested the Secretary, Water Resources Department, Government of Jharkhand, Ranchi to decide the claim of the members of the Petitioner Association regarding their absorption in their respective posts but no decision has yet been taken.3. In the counter-affidavit particularly in Paragraph 29 it has been admitted on behalf of the State that no decision has been taken by the Government as yet in the said matter. Nothing has been stated in the counter-affidavit as to why and for what reason, the Secretary, Water Resources Department is sitting tight and not taking any decision in the matter.4. In view of the above facts, this application is disposed of with a direction to the petitioner to file a fresh representation within one week from today along with all...
Rajni Kumar Mahto Vs. Smt. Uma Devi Budhia and ors.
Court: Jharkhand
Decided on: Apr-20-2004
Reported in: AIR2005Jhar13; [2004(3)JCR316(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of appellant-defendant No. 1 has been preferred against the impugned judgment and decree dated 01.09.1993 and 13.09.1993 respectively passed in Title Suit No. 282 of 1987 by Shri Azad Chandra Shekhar Prasad Singh, 6th Subordinate Judge, Ranchi whereby and whereunder the said suit for specific performance of the contract was decreed directing defendant Nos. 1 to 8 (i.e. appellant-defendant No. 1 and defendant-respondent Nos. 3 to 9 here in this appeal) to execute and register the sale deed in favour of the plaintiffs-respondent in respect of the suit land mentioned in the schedule at the foot of the plaint after taking balance amount of consideration from them.2. The plaintiffs-respondent No. 1 and 2 have filed the said suit for specific performance of the agreement dated 30.12.1986 in respect of the suit land detailed in the schedule of the plaint directing the defendant Nos. 1 to 8 to execute and register the sale deed in favour of t...
Janki Prasad Yadav Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Apr-20-2004
Reported in: [2005(1)JCR385(Jhr)]
ORDERAmreshwar Sahay, J.1. Heard.2. The prayer of the writ petitioner in this application is for quashing the letter No. 1084, dated 20.5.1999 issued by the respondent No. 4, whereby in the light of the Standing No. 671, dated 24.3.1987, the petitioner was superannuated from service on 21.08.1999 on attaining the age of Superannuation, treating the date of birth of the petitioner to be 22.8.1939.3. Learned counsel for the petitioner submitted that the date of birth of the petitioner is 22.08.1942 and not 22.08.1939 which is evident from Annexure-1 i.e. the photocopy of the relevant extract of the Service Book.4. On the other hand in the counter-affidavit, the respondents have stated specifically that there was interpolation in the Service Book regarding the date of the birth of the petitioner and the digits '39' was made by '42' by interpolation.5. In order to verify the facts, this Court directed the learned counsel for the respondents to produce the original Service Book of the petit...
Krishna Kumar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-20-2004
Reported in: [2005(1)JCR385b(Jhr)]
ORDERAmreshwar Sahay, J.1. Heard the parties. .2. The prayer of the petitioner in this writ application is for direction to the respondents to pay the arrears of salary as well as current salary of the petitioner, which have not been paid from February, 1999.3. The petitioner is an Assistant Teacher working in a religious minority institution, namely, St. Agnes Girls High School, Itki. A similar matter on facts came before this Court in WP (S) No. 2419 & 2518 of 2001 which was disposed of on 7.3.2002. In Paragraph 2 and 3 of the said order passed by this Court in the aforesaid writ application is relevant and, as such, are being quoted hereinbelow :'This Court after hearing the writ application at the initial stage passed an order on 24.9.2001 observing that if the fund has already been released by the State of Jharkhand to the District Education Officer, they shall make payment at least of current salary. The petitioners have filed a supplementary affidavit on 9.9.2001 stating, inter ...
Girija Nand Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-19-2004
Reported in: [2004(2)JCR472(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. The prayer of the petitioner in this writ application is for direction to the respondents to fix the pension of the petitioner after counting the services rendered by him as Extra Clerk from March, 1952 to 28.11.1972 in addition of his services as Permanent Clerk from 29.11.1972 to 29.2.1988 the date on which he has retired.3. The question is as to whether the services rendered by a person as Extra Clerk can be counted for his pensionery benefits or not, has been decided in the case of Upendra Prasad v. The State of Bihar and Ors., reported in 1995 (2) PLJR 822, wherein it has been held as follows :--' 15. Had the petitioner not been appointed as temporary Clerk while rendering continuous service as extra Clerk he might not have at all been entitled to pension and pensionary benefit. In the instant case, while rendering continuous service as extra Clerk for a long period, the petitioner was appointed to the post of temporary Clerk and th...
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