Jharkhand Court June 2004 Judgments
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Jageshwar Gope and ors. Vs. Jumini Devi and ors.
Court: Jharkhand
Decided on: Jun-22-2004
Reported in: [2004(3)JCR581(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the defendant-appellant has been preferred against the impugned judgment and decree dated 18.10.2002 and 29.10.2002 respectively passed in Title Appeal No. 28 of 2000 by Shri Binod Kumar Lal, Additional District Judge, Fast Track Court No. 4, Hazaribagh whereby and whereunder the judgment and decree of the trial Court passed in Title (Partition) Suit No. 79 of 1995 were set aside and appeal was allowed and the case was remitted to the trial Court for a fresh decision.2. The plaintiff-respondent had filed the said suit for declaration of the registered deed of gift dated 15.4.1988 executed by the original defendant No. 1 in favour of his wife defendant No. 2 as null and void and collusive as the original defendant No. 1 was not competent to execute the deed of gift and the said deed of gift is not binding on the plaintiff and also for partition of the suit property detailed in Schedule-A of the plaint for carving out his half share ...
Smt. Pramila Mukherjee Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-22-2004
Reported in: [2004(3)JCR379(Jhr)]
ORDERAmareshwar Sahay, J.1. The petitioner retired as Head Mistress from Bindubashini Middle School, Sahebaganj on 31.8.1999. Her claim is that she was given Junior Selection Grade w.e.f. 1.4.1981, and she retired in the same very scale. According to her after completion of three years from the date she was given Junior Selection Grade scale, i.e. w.e.f. 1.4.1981, she was entitled to get Sr. Selection Grade promotion scale w.e.f. 1.4.1984, as per the Government Notification dated 18.12.1984, contained in Annexure-2.,2. The petitioner further states that she alongwith others filed a writ application before the Patna High Court being C.W.J. C. No. 5564/1985, claiming Junior Selection Grade and Senior Selection Grade scale. The said writ application was disposed of on 14.1.1986, in view of the fact that the respondent State authorities admitted the claim with regard to promotion to Junior Selection Grade and Senior Selection Grade. The order of the High Court has been annexed as Annexure-...
Bhola Prasad Singh and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-22-2004
Reported in: [2004(3)JCR395(Jhr)]
Amareshwar Sahay, J.1. The present writ petitioners alongwith 15 other filed CWJC No. 13043 of 1993 before the Patna High Court, claiming regularisation in the Health Department of Government of Bihar. The said writ petition was dismissed by order dated 23.9.2004. All the 20 writ petitioners including the present 5 petitioners of this writ application preferred SLP before the Supreme Court, which after grant of leave was converted into civil appeal No. 8336 of 1997. The Supreme Court disposed of the said appeal with certain directions. The judgment of the Supreme Court is reported in, 1998 (1) PLJR (SC) 17, Arun Kr. Rout and Ors. v. The State of Bihar and Ors. Form perusal of the judgment of the Supreme Court as aforesaid, it appears that the Apex Court has noted the following facts of the case. The facts noted in the judgment are reproduced hereinbelow :--'The writ petition filed by the appellants, 20 in number, claiming regularisation in the Health Department of the Government of Bih...
ishwari Singh @ Ishwari Prasad Singh Vs. Shyam Sundar Prasad and ors.
Court: Jharkhand
Decided on: Jun-22-2004
Reported in: [2004(3)JCR539(Jhr)]
Vishnudeo Narayan, J. 1. This appeal at the instance of defendant- appellant is directed against the impugned judgment and decree dated 22.4.1989 and 4.5.1989 passed in title appeal No. 17 of 1986 by Shri Yugal Kishore Prasad, 6th Additional District Judge, Palamau at Daltonganj whereby and whereunder the title appeal No. 17 of 1986 was dismissed and title appeal No. 23 of 1986 was allowed and the judgment passed in title suit No. 10 of 1975 was affirmed regarding the eviction of the defendant-appellant of the ground of bona fide requirement of the suit premises and further finding of the trial Court that the defendant-appellant is not a defaulter was set aside and the defendant-appellant was held to be a defaulter and the suit of the plaintiff-respondent was decreed in full.2. The original plaintiff Dhilani Malahin had filed title suit No. 10 of 1975 for the eviction of the defendant-appellant from the suit premises standing over a portion of Plot No. 709, Khas Mahal, holding No. 1065...
Smt. Veena Verma (Bhushan) and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-22-2004
Reported in: [2004(3)JCR375(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. The petitioners had moved this Court earlier in CWJC No. 2646 of 1999 (R) with a prayer for direction upon the respondents to approve the regular appointment of the petitioners. This Court by order dated 31.5.2001, Annexure-6 directed the respondent No. 2 to take a final decision in terms of the prayer made by Secretary of the Managing Committee as early as possible preferably within three weeks from the date of receipt/production of copy of this order and communicate the same to the Secretary of the School forthwith.3. After getting order by the Court the petitioners made representation before the respondent No. 2 with- a copy of the order dated 31.5.2001, to take final decision as per direction of the Court as contained in Annexure-7.4. By office order dated 7.7.2001, contained in Annexure-11, the recommendation for approval of appointment of the petitioners has been rejected by respondent No. 3 on the ground that the petitioners were ...
Gaya Mahto Vs. Lila Devi and ors.
Court: Jharkhand
Decided on: Jun-22-2004
Reported in: 2004(2)BLJR1536; [2004(3)JCR624(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the defendant-appellant has been preferred against the impugned judgment and decree dated 23.9.2002 and 25.11.2002 respectively passed in Title Appeal No. 24 of 1994, 24 of 2001 by Shri Ashok Kumar Chand, 6th Additional District Judge, Hazaribagh whereby and whereunder the judgment and decree of the trial Court passed in Title Suit No. 76 of 1999 were set aside and the appeal was allowed and the case was remitted to the trial Court fora fresh decision.2. The plaintiff-respondent had filed the said title suit for declaration of his title in respect of 1-2/3 decimals of land out of Plot No. 415 appertaining to Khata No. 53 situate in Village- Okni, PS-Sadar, District-Hazaribagh and also for a declaration that the sale deed dated 28.5.1982 in favour of defendant No. 1 executed by Defendant Nos. 2 to 5 in respect of entire five decimals of land of Plot No. 415 aforesaid is null and void besides issuance of permanent injunction restrain...
Md. UddIn @ MohammadIn and ors. Vs. Asibun Nissa and ors.
Court: Jharkhand
Decided on: Jun-22-2004
Reported in: AIR2005Jhar1; [2004(3)JCR553(Jhr)]
Vishnudeo Narayan, J. 1. This appeal at the instance of the plaintiffs appellant stands directed against the impugned judgment and decree dated 10.07.1989 and 20.07.1989 respectively passed in Title, Appeal No. 42 of 1986 by Shri Uma Shankar, Ist Additional District Judge, Hazaribagh whereby and whereunder appeal was allowed and the judgment and decree passed in Title Suit No. 89 of 1982 by Munsif, Hazaribagh was set aside and the suit of the plaintiff was dismissed.2. The plaintiffs-appellant have filed Title Suit No. 89 of 1982 for the declaration of their title and confirmation of possession and in the alternative for recovery of possession in respect of Schedule A and Schedule B property of the plaint. Schedule A of the plaint is in respect of Plot No. 1029 appertaining to Khata No. 66 having an area of 4 decimals and Schedule B is in respect of Plot No. 1028 appertaining to Khata No. 66 having an area of 13 decimals.3. The case of the plaintiffs-appellant (hereinafter referred to ...
Bhutka Rabidas Vs. Saraswati Devi
Court: Jharkhand
Decided on: Jun-22-2004
Reported in: [2004(3)JCR615(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the plaintiff-appellant has been preferred against the impugned judgment of reversal and decree dated 9.1.1990 and 17.1.1990 respectively passed in Title Appeal No. 41 of 1988 by Shri Sheo Kumar Prasad Verma, 7th Additional District Judge, Dhanbad whereby and whereunder the judgment and decree of the trial Court passed in Title Suit No. 155 of 1980, 21 of 1987 was set aside and the suit of the plaintiff-appellant has been dismissed.2. The original plaintiff had filed the said suit for declaration that the sale deed dated 13.6.1979 is a fraudulent document and it has never been executed by him and the same has not affected his title in any portion of the house premises described in the schedule of the plaint. The original plaintiff Budh Ram died during the pendency of the suit and his son stands substituted in his place.3. The case of the original plaintiff in brief, is that his mother Dukhni Dasi has acquired by virtue of the regis...
Sarfudeen Miyan Vs. Quadir Mian and anr.
Court: Jharkhand
Decided on: Jun-22-2004
Reported in: [2004(3)JCR657(Jhr)]
Vishnudeo Narayan, J. 1. This appeal at the instance of the defendant-appellant has been preferred against the impugned judgment dated 8.5.2002 passed in Title Appeal No. 61 of 1996 by Shri R.G. Singh Nagesh, Ist Additional District Judge, Latehar whereby and whereunder the judgment and decree of the trial Court passed in Title Suit No. 2 of 1994 were set aside and the appeal was allowed and the ease was remitted to the trial Court for a fresh decision a further issues having been framed and allowing the party to adduce evidence on that issue only and after hearing the parties to decide the suit a fresh and also to appoint a Survey Knowing Pleader Commissioner for the measurement of Suit Plot No. 505.2. The plaintiffs-respondent have filed the said title suit for declaration that the plaintiffs are the raiyats of the land mentioned in Schedule-B of the plaint from which no other defendants have any concern and upon the said declaration and also of partition of the suit land exclusively...
Manki Mali and anr. Vs. Radhika Devi and ors.
Court: Jharkhand
Decided on: Jun-22-2004
Reported in: [2004(3)JCR662(Jhr)]
Vishnudeo Narayan, J. 1. This appeal as the instance of the defendant-appellant has been directed against the impugned judgment of reversal and decree dated 21.9.1988 and 30.11.1988 respectively passed in Title Appeal No. 56 of 1970 by Shri Bharat Prasad Sharma, 4th Additional District and Sessions Judge, Hazaribagh whereby and whereunder the judgment and decree dated 25.6.1970 and 3.7.1970 passed in Title Suit No. 798 of 1965/47 of 1967 by Additional Munsif, Hazaribagh was set aside and the appeal was allowed the suit of the plaintiff was decreed.2. The plaintiff-respondent had filed the said Title Suit for declaration of his title and confirmation of possession over the suit property detailed in Schedule B of the plaint and in the alternative for recovery of possession. A relief for permanent injunction restraining defendant Nos. 1 to 7 from disturbing the possession of the plaintiff in respect of Schedule B land was also sought.3. This suit has a very chequered history. Initially th...
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