Jharkhand Court May 2004 Judgments
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Rit Lal Yadav Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-11-2004
Reported in: [2004(3)JCR600(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 provide him appointment letter of the post of Panchayat Sewak from the date he joined the training institute i.e. on 1.12.1999 and to pay him salary from the said date.3. The petitioner had earlier moved before Patna High Court in C.W.J.C. No. 8654/1996 which was disposed of by order dated 2.9.1997 as contained in Annexure-4 to the present writ application. On perusal of the said order it appears that the petitioner made grievance that though he was senior to the respondent No. 6, namely, Purnanand Sah, in the final gradation list, but he was not appointed as Panchayat Sewak, while the respondent No. 6 Purnanad Sah was appointed to the said post though he was junior to him.4. The Patna High Court while disposing of the writ application had directed the petitioner to agitate his grievance by making representation before the Deputy Commissioner, G...
Afjal HussaIn Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-11-2004
Reported in: 2004CriLJ3221; [2004(3)JCR633(Jhr)]
Lakshman Uraon, J.1. As both the Criminal Appeals arise out of a single judgment, passed by Smt. Vidyut Prabha Singh, learned 2nd Additional Sessions Judge, Hazaribagh, in Sessions Trial No. 142 of 1995, arising out Katkamsandi (Pelawal) P.S. Case No. 12 of 1995, corresponding to G.R. Case No. 235 of 1995, they have been -heard together and the single order of this Court will govern the result in both the Criminal Appeals.Both the appellants have challenged their judgment and order of conviction dated 11th February, 2000 under Section 302/34 of the Indian Penal Code and sentence dated 14th February, 2000 to undergo rigorous imprisonment for life and also to pay a fine of Rs. 5,000/- each and in default to Undergo rigorous imprisonment for three months.2. The informant Anil Kumar Mishra (PW G) on 10.2.1995 along with his friend Ajay Kumar Gupta (since murdered) had gone to his village-Sirsi from Kumhar Toli, Hazaribagh, which is his ancestral house. The informant and his father have shi...
Pick Up Stock and Securities Pvt. Ltd. and anr. Vs. Smt. Chandra Prabh ...
Court: Jharkhand
Decided on: May-11-2004
Reported in: AIR2004Jhar158; [2004(3)JCR609(Jhr)]
ORDER1. Heard counsel in detail.2. The writ petition seeks to challenge the order of the National Consumer Disputes Redressal Commission in a revision filed by the petitioners against the order of the State Commission, confirming the order of the District Forum.3. The first petitioner is a Sub-broker. Petitioner No. 2 is a director of the Company. Before the District Consumer Redressal Forum, the respondent complained of deficiency in service by the Company. According to the complainant, the first petitioner before us, a sub-broker, in spite of specific instructions given by her and in spite of a sum of Rs. 2,21,297/- being available with it, did not purchase 500 shares in Larsen and Toubro and transfer it to her D-mat account and that only later, it purchased 500 shares in two instalments and transferred the same to her D-mat account. This was against specific instructions. The broker had spent only Rs. 1,05,395/- for purchase of the 500 shares at a later point of time and hence a sum...
Lal Munda and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: May-11-2004
Reported in: [2004(3)JCR646(Jhr)]
Lakshman Uraon, J. 1. All the appellants have challenged the judgment and order of conviction and sentence dated 19th July, 2001 and 20th July, 2001 respectively, passed by the learned 2nd Additional Judicial Commissioner. Khunti, in Sessions Trial No. 79 of 2000, arising out of Arki P.S. Case No. 10 of 1999, whereby and whereunder, all the appellants have been convicted under Section 302/34 of the India Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- each.Pending disposal of this appeal, appellant No. 1 Lala Munda, having died in the month of July, 2003, while in judicial custody at Birsa Munda Central Jail, Ranchi, for which a supplementary affidavit has been filed on 5.4.2004, this appeal stood abetted against him.2. The facts of the case, in short campus, is that on 20.3.1999 informant Abdullah (PW 1) along with his brother Md. Nasir, since dead, and Md. Kalim (PW 3) was returning home after attending the meeting at mosque and reached near...
Brahmanand Singh Vs. Heavy Engineering Corporation and ors.
Court: Jharkhand
Decided on: May-11-2004
Reported in: [2004(4)JCR377(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. The prayer of the petitioner in this writ application is for quashing the order contained in letter dated 25/4/2002 (An-nexure-5) which has been passed, pursuant lo the order dated 23/1/2002 of this Court passed in WP (S) No. 639 of 2002.3. The petitioner had moved this Court earlier in the aforesaid WP (S) No. 639 of 2002 for payment of his retiral benefits and other dues by making a grievance that though he retired from the service of the M/s H E C on 31.1.1997 as Assistant Foreman but the respondent HEC has not yet paid the retiral benefits like leave encashment. retiral TA, LTC, for two block years, arrears on revision of pay and wages for the period from 1969 to 1973.4. This Court, by the aforesaid order dated 23.1.2002 disposed of the said writ application, filed by the petitioner, rejecting the prayer of the petitioner for payment of wages for the period from 1969 to 1973 and further directed the respondents to calculate the other...
Upendra Prasad Sinha Vs. Smt. Manju Sinha @ Sanyukta Sinha and anr.
Court: Jharkhand
Decided on: May-11-2004
Reported in: [2004(4)JCR463(Jhr)]
Hari Shankar Prasad, J.1. This appeal at the instance of the plaintiff-appellant is directed against the judgment and decree dated 2.3.1993 and 12.3.1993 respectively passed in Matrimonial Title Suit. No. 67 of 1989 (T.R. No. 2 of 1992) whereby and whereunder the learned VIth Additional Judicial Commissioner. Ranchi dismissed the suit.2. The fact of the case he in narrow compass. Appellant who is plaintiff in Matrimonial Title Suit No. 67 of 1989 filed a Matrimonial Title Suit No. 67 of 1989 against the respondent wife for a decree of divorce under Section 13 of the Hindu Marriage Act, on the ground of desertion, adultery and cruelty alleging therein that he was married with the respondent No. 1-wife in the year 1963 according to the Hindu rites at the residence of respondent in village Nayangaon. P.S. Porbatta, Dis-trict-Khagaria. Thereafter out of the wedlock, a son, namely, Chulbullu was born to them in the year 1966. Immediately after a month or two of solemnization of the marriage...
Sunitra Mitra and ors. Vs. Chairman, C.B.S.E. and ors.
Court: Jharkhand
Decided on: May-10-2004
Reported in: AIR2004Jhar114; [2004(3)JCR121(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard Mrs. Ritu Kumar, learned counsel appearing for the petitioners, Mr. M.S. Mittal, learned counsel appearing on behalf of the C.B.S.E. and Mr. A.K. Mehta learned counsel appearing on behalf of the Principal of the Indian School of Learning Saraidhela, Dhanbad.2. The petitioners who happened to be standard DC students of studying in the Indian School of Learning, Saraidhela, Dhanbad, has filed the instant writ petition challenging the order as contained in the letter dated 23.7.2003, whereby the registration forms of the petitioners for All India Secondary Examination, 2005 have been returned to C.B.S.E. on the ground that be mistake registration forms were sent to the school from the office of the Board.3. Further writ of mandamus has been sought directing the respondents to start processing the forms to be given to the petitioners for their appearance in the examination.4. The relevant facts which need consideration are that the school namely, Indian School o...
Mosomat Sundar MahtawaIn Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: May-10-2004
Reported in: 2004(3)BLJR2038; [2004(3)JCR112(Jhr)]
Vikramaditya Prasad, J.1. This writ application has been filed for quashing Annexure-8, which is a gazette notification No. 19 dated 1.1.1979 along with the notification No. 198 (Ceiling) of Land Reforms Department dated 18.11.1978 whereby and whereunder the lands were acquired under Section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, hereinafter referred to as the Act, and Annexure-11, which is the order of the Additional Collector dated 12.6.1985, refusing to interfere with the notification aforesaid, rejecting the prayer of the petitioner to make corrections therein and also Annexure-14 which is the order dated 25.8.1993 passed by the Deputy Commissioner in case No. 51(R) 28/89-90 whereby and whereunder a petition under Section 45(B) of the Act filed by the writ petitioner was rejected declaring the purchase of the land in dispute to simply a paper transaction and consequently issuing a direction for distribution of that land to th...
Smt. Bhagwan Debya @ Bhagwan Dai Vs. Zila Parishad Dhanbad
Court: Jharkhand
Decided on: May-07-2004
Reported in: [2004(3)JCR213(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the plaintiff-appellant stands directed against the impugned judgment and decree of reversal dated 20.7.1989, and 2.8.1989, respectively passed in Title Appeal No. 61 of 1979 by Shri Anil Kumar Sinha, 3rd Additional District Judge, Dhanbad whereby and whereunder the judgment dated 31.3.1978, passed in Title Suit No. 164 of 1976, by 1st Munsif, Dhanbad was set aside and the suit of the plaintiff was dismissed.2. The plaintiff-appellant has filed the said title suit for a declaration that the suit land described in Schedule B of the plaint is the part of Plot No. 369/511 which exclusively belongs to the plaintiff-appellant and the defendant-respondent has no right to demolish any portion of the building situate thereon and also for a permanent injunction restraining the defendant-respondent from interfering with the possession of the plaintiff-appellant over the structure situate thereon. The land in dispute in this case is 1 feet x ...
Manoharlal Sharma Vs. Bharat Coking Coal Ltd. Through Its Chairman-cum ...
Court: Jharkhand
Decided on: May-07-2004
Reported in: [2004(3)JCR209(Jhr)]
ORDER1. Heard the parties.2. The petitioner moved this Court earlier in CWJC No. 1933 of 2000(R), which was disposed of on 7.7.2000. The said order has been annexed as Annexure-7/2 to the present writ application. From perusal of the aforesaid order, it appears that at that stage the grievance of the petitioner was that although he took Voluntary Retirement but the entire benefits under the Voluntary Retirement Scheme was not paid to him. This Court disposed of the said writ application with a direction to the petitioner to the a fresh representation before the respondent No. 2 giving detail about his benefits to which he was legally entitled to and on filing of such a representation, the respondent No. 2 was directed to consider the same and to release all the benefits legally payable to the petitioner within four weeks.3. It appears that thereafter payments were made to the petitioner but the petitioner has filed the present writ application with a prayer to re-employ the petitioner ...
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