Jharkhand Court May 2004 Judgments
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A.G. Office Employees Co-operative House Construction Society Ltd. and ...
Court: Jharkhand
Decided on: May-18-2004
Reported in: [2004(3)JCR500(Jhr)]
P.K. Balasubramanyan, C.J.1. The petitioners in WP(C) No. 1603 of 2003 on the file of this Court are appellants in this appeal. They are the Accountant General Office Employees Cooperative House Construction Society Limited; its Managing Committee and a former Secretary of the Society. The Society is one governed by the Bihar Co-operative Societies Act. The appellants filed the writ petition challenging the order Annexure 7 to the writ petition, dated 11.12.2003 directing the holding up of the election to the Managing Committee of the Society, to quash Annexure 9 order superseding the Managing Committee of the Society and appointing the Circle Officer, Ranchi, as the Special Officer to be 'in-charge of the affairs of the Society and for the issue of a writ of mandamus directing the concerned respondents to complete the process of election as per the programme fixed therefor. The learned single Judge interfered to the extent of permitting the election to go on, but declined to interfere...
Nand Gopal Sah Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-18-2004
Reported in: [2005(1)JCR543(Jhr)]
ORDERAmareshwar Sahay, J.1. The prayer of the petitioner in this writ application is for direction to the respondents to release the retiral dues amounting to Rs. 1,71,300/- which has been withheld by the respondent No. 4. Further prayer is for the quashing the order as contained in Memo No. 157 dated 10/3/ 2000 contained in Annexure-4 whereby the petitioner was informed that he had taken on advance a sum of Rs. 1,71,300/- and, therefore, the said amount has been adjusted against the payment of his dues to the tune of Rs. 1,70,248, therefore, the balance amount of 1052/- has to be deposited by him.2. On the other hand, from the averments made in the counter affidavit it appears that work of certain scheme was allotted to the petitioner in the year 1982-83 and advanced was sanctioned to him to carry out the work. It is stated that no technical and administrative approval was taken for the said work. It was the responsibility of the petitioner that he should not have received any amount ...
Employers in Relation to the Management of Balihari Colliery of Bharat ...
Court: Jharkhand
Decided on: May-18-2004
Reported in: 2005(104)ELT7; [2004(3)JCR496(Jhr)]
Amareshwar Sahay, J.1. Since the facts and law involved in both the writ applications were similar, therefore the above two writ applications were heard together and are being disposed of by this common judgment.2. The facts of CWJC no. 1655 of 1997 (R) are as follows :The award, dated 16th July, 1996 passed by the Central Government Industrial Tribunal No. 2, Dhanbad in Reference Case No. 54 of 1993, is under challenge in this writ application by the Management of Kenduadih Colliery of M/s. Bharat Coking Coal Limited, whereby, the Tribunal has directed to make a panel of the concerned workman and according to their seniority as per the list to be submitted by the Sponsoring Union or available from the Contractor or from the records of Kenduadih Colliery and to absorb and regularise them, either in the work of the Tyndal or in any category suitable to the Management from time to time so that the list be exhausted within one year from the date of publication of the award.3. The Governme...
Nepal Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-18-2004
Reported in: [2004(3)JCR623(Jhr)]
ORDERP.K. Balasubramanyan, C.J.1. This writ petition challenges the order passed by the Court of the Deputy Commissioner-cum-District Magistrate, Bokaro in Misc. Case No. 52/ 2003.2. The complaint raised is about the decision dated 16.12.2003 as rendered by the Deputy Commissioner, pursuant to the direction issued by this Court in CWJC No. 3613 of 2000 (R). By that judgment, one of us (Mr. Justice Tapen Sen) had directed, on the agreement of all the parties before him, including the intervenor, to decide the issue afresh.3. Pursuant to that direction, instead of issuing notices to the Director, Project Land Rehabilitation, Bokaro and the Intervenor, the Deputy Commissioner proceeded to pass the order, Annexure-10 in the writ petition. This is clear from the proceeding sheet, produced along with it. The said proceeding sheet does not show that any notice was issued to Director, Project Land Rehabilitation, Bokaro or the intervenor who has come forward challenging the order passed by the...
Central Coalfields Ltd. Vs. Prahlad Singh and ors.
Court: Jharkhand
Decided on: May-17-2004
Reported in: [2004(3)JCR411(Jhr)]
1. This appeal is filed by respondent No. 1 in W.P.(S) No. 2714 of 2001. The writ petitioner approached this Court challenging the Order Annexure-16/A and the covering letter Annexure -16 issued to him by the Coal India Limited informing him that his claim that he should be continued in service after the 1st of July, 2001 cannot be accepted, since according to the relevant records, his date of birth was 6.6.1941 and he attained the age of superannuation on 1st July, 2001. His contention in the writ petition was that he has raised a dispute regarding his date of birth as entered in the records of the Company and has filed an earlier writ petition in this Court as C.W.J.C. No. 3771 of 1999 (R) and this Court had directed that the matter be considered by the Review Committee. According to the Writ Petitioner, before the Review Committee, he had produced an Admit Card and a School Leaving Certificate, issued by the School in which he had studied and going by that, his date of birth was 21....
Nawal Kishore Tiwari Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: May-17-2004
Reported in: [2005(2)JCR96(Jhr)]
ORDER1. Heard counsel for the Writ Petitioner and learned Government counsel.2. The petitioner filed this writ petition on 3.2.1992 seeking to challenge the order dated 8.10.1987 rejecting his claim to appointment in a Taken Over Government School, rejected on the basis of the ratio of the decision of the Full Bench of the Patna High Court in Ram Naresh Prasad Nibas v. State of Bihar, 1987 PLJR 341.3. According to the writ petitioner, he was appointed as an untrained teacher in the Kalyan High School, Chuliha in the district of Deoghar on 25.1.1979. No doubt, the respondents have a case that the private school itself was started only in the year 1980. It is seen that the permission for establishment of the private school was given only in the year 1980. Whatever it be, when the Government took over this school on 5.7.1983, the petitioner was, even, according to his own case, an untrained teacher. Therefore, the concerned Committee found that he was not liable to be absorbed in the Gove...
Smt. Archana Mehta Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: May-14-2004
Reported in: [2004(2)JCR574(Jhr)]
ORDERHari Shankar Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceeding initiated under Complaint Case No. C/1 117 of 2002 including the order dated 2.8.2002 whereby the learned Chief Judicial Magistrate, Palamau has taken cognizance.2. Facts giving rise to the filing of this application are that O.P. No. 2 (hereinafter to be referred as Complainant) filed a complaint case stating therein that he is a chamar by caste and is the District President of Bahujan Samaj Party. He had made a representation in respect of the illegal deeds of the petitioner and had brought to the light of the misdeeds and illegal acts of the petitioner and when inspite of such representation, there was no improvement in the petitioner and embezzlement in respect of Indira Awaas Yozna continued, he along with general public started demonstration in front of the office of the petitioner and the petitioner called three of them in...
Sonali Mehta @ Sonali Devi and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: May-14-2004
Reported in: 2005CriLJ1559; [2004(2)JCR577(Jhr)]
ORDERHari Shankar Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 6.1.2003 passed in C.P. Case No. 105 of 2002 whereby the learned Judicial Magistrate, Bokaro took cognizance in the case.2. Facts giving rise to the filing of this application are that O.P. No. 2 (hereinafter to be referred as complainant) filed a complaint case on 23.3.2002 against the petitioners stating therein that Sonali Mehta (petitioner No. 1) was married to the elder brother of complainant on 6.5.2001 and husband of Sonali Mehta died on 1.11.2001; after death of elder brother of complainant, accused persons wanted that complainant should marry Sonali Mehta. On 24.2.2002 at about 12 noon complainant who is working as Computer Engineer at Sector IV in S.T.G. City Centre, Bokaro had gone to his work place where petitioners, namely, Mohan Mahto @ Mohan Prasad, Pramod Kumar @ Pramod Prasad, Binod Kumar @ Binod Prasad, Makeshwar Prasad and Mo...
Bharat Varshiya Digambar JaIn Tirth Kshetriya Committee Through Its Pr ...
Court: Jharkhand
Decided on: May-14-2004
Reported in: [2004(3)JCR474(Jhr)]
P.K. Balasubramanyan, C.J.1. 19 statuettes were recovered from a property presently in the district of Giridih. The finder is said to be the Jain Swetamber Society, Madhuban. The recovered statuettes constituted treasure within the meaning of the Indian Treasure Trove Act, 1877 since the said Act defined treasure as meaning anything of any value hidden in the soil or in anything affixed thereto. Under Section 4 of the Act, the finder of treasure of a value exceeding Rs. 10/- has an obligation to give a notice to the Collector in writing of the nature and amount or the approximate value of the treasure, of the place in which it was found and the date of finding. The finder had also an obligation either to deposit the treasure in the nearest Government Treasury or give the Collector such security as the Collector thinks fit, to produce the treasure at such time and place as the Collector may from time to time require. The finder, the Swetamber Society, failed in the duty to give a notice...
New United Construction Co. Vs. Commissioner of Income Tax and ors.
Court: Jharkhand
Decided on: May-14-2004
Reported in: (2004)189CTR(Jharkhand)411; [2004]270ITR224(Jharkhand)
P.K. Balasubramanyan, C.J.1. The petitioner 'is an assessee under the IT Act. While completing the assessment for the asst. yr. 1985-86, the AO issued a notice to the assessee to show cause why a penalty should not be imposed on it under Section 271(1)(c) of the Act. The assessee submitted its objections. After considering the objections, the AO passed an order dt. 14th March, 1988, marked Annex-1 in the writ petition, imposing, a penalty of Rs. 2,20,000 on the assessee under Section 271(1)(c) of the Act. The assessee filed an appeal before the CIT(A), Ranchi. The CIT(A) accepted the belated explanation to be offered by the assessee and held by his order, Annex-2 dt. 17th Nov., 1988, that the assessee could not be held liable under Section 271(1)(c) of the Act. The penalty imposed was deleted. The Department filed an appeal before the Tribunal, Patna, challenging the decision of the CIT(A) deleting the penalty. The Tribunal by order dt. 25th Oct., 1995 marked Annex.-3 reversed the orde...
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