Jharkhand Court June 2004 Judgments
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State of Bihar Vs. Bharath Mahto and ors.
Court: Jharkhand
Decided on: Jun-22-2004
Reported in: 2004(3)BLJR2103; [2004(4)JCR386(Jhr)]
Hari Shankar Prasad, J.1. This appeal arises out of a judgment dated 16,10,1993 and award dated 8.12.1993 passed by learned Subordinate Judge-1 cum Land Acquisition Judge, Palamau at Dalthonganj in Land Acquisition Case No. 33/86 allowing reference and enhancing the quantum of compensation.2. It appears that pursuant to the notification published in Zila Gazette on 15.2.1983 under Section 4 of the Land Acquisition Act, the lands of village. Lohanda, P.S. Patan, District Palamau for extension of Rajhara colliery were acquired and after issuance of declaration compensation was assessed and award was prepared. The claimant disputed the valuation of the lands fixed by the Collector and sought reference of the dispute under Section 18 of the Land Acquisition Act.3. The case of the plaintiff-claimant is that description of the land is fully detailed at the foot of the petition. The land is situated by the side of pucka PWD road and is at a distance of one kilometer from Pandwa market and 12 ...
The State of Bihar Vs. Ramcharitar Mahto
Court: Jharkhand
Decided on: Jun-22-2004
Reported in: 2004(2)BLJR1486; [2004(4)JCR389(Jhr)]
Hari Shankar Prasad, J. 1. This appeal under Section 54 of the Land Acquisition Act, arises out of judgment dated 16.10.93 and award dated 8.12.93 passed by Sub-Judge Ist-cum-Land Acquisition Judge, Daltonganj, Palamau allowing the reference and enhancing the quantum of compensation.2. It appears that pursuant to the notification published in the Zila Gazette under Section 4 of the Land Acquisition Act, the land of Ramcharitar Mahto bearing Thana No. 199, Khata No. 107, Plot No. 4/21 P/B having an area of 0.37 acres of land of village Lohanda, P.S. Paton, District Palamau was acquired for extension of Rajhara colliery in village Lohanda. After issuance of declaration, compensation was assessed and award was prepared. The claimant disputed the valuation of the lands fixed by the GolJector and sought reference on dispute under Section 18 of the Land Acquisition Act.3. The case of the claimant is that the land situates in an area, where there is a pakka PWD National High Way passing throu...
Kiriti Dutta Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jun-22-2004
Reported in: [2004(4)JCR390(Jhr)]
Amareshwar Sahay, J.1. The petitioner was appointed as a Computer Operator in the Office of the District Family Planning Officer, Santhal Pargana, Dumka vide Annexure-1. dated 27.2.1974. By issue ofAnnexure-3 dated 5.12.1974, the services of the petitioner was terminated at the instance of the Directorate (Health), Bihar. Patna. It is said that subsequently the Government took a decision to absorb all the retrenched employees of the Family Planning and Welfare Department and consequently thereafter a letter was issued to the petitioner (Annexure-4) dated 9.12.1977, whereby the petitioner was directed to appear with all relevant documents for consideration of his appointment. Vide An-ncxure-5, dated 4.2.1978 issued by the Office of the Chief Malaria Officer, Bihar, Patna, the petitioner was appointed as Superior Field Worker. Since the petitioner was not given the previous pay-scale which he was receiving prior to his retrenchment he represented to the Chief Malaria Officer, Bihar, Patn...
Lok Nath Yadav and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-22-2004
Reported in: [2004(4)JCR400(Jhr)]
ORDERAmareshwar Sahay, J. 1. The petitioners have earlier moved this Court in CWJC No. 2481 of 1991 for the same relief. By order dated 8.2.1993. a Division Bench of this Court disposed of the said writ application filed by the petitioner directing the petitioner to file an application before the Collector of the district within a period of two weeks from the date of the order and the Collector was directed to consider the matter under Section 9 (2) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 within four weeks thereafter. It is evident that the petitioner was directed to file an application within two weeks from the date of the order but he filed such an application after about 7 years i,e, after an inordinate delay. The Deputy Commissioner, Sahebganj rejected the application of the petitioner without considering the same on merit on the ground that the said application was filed after 7 years. The said order as contained in Annexure-3...
Makhan Lal HarnaraIn and ors. Vs. Karamchand Thaper and Bros. Pvt. Ltd ...
Court: Jharkhand
Decided on: Jun-22-2004
Reported in: AIR2004Jhar143; [2004(4)JCR626(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the plaintiffs appellant has been preferred against the impugned judgment and decree dated 21-6-1989 and 5-7-1989 respectively passed in Money Suit No. 175 of 1974/52 of 1988 by Sri Udaykant Thakur, 4th Subordinate Judge, Dhanbad whereby and whereunder the suit of the plaintiffs-appellant was dismissed.2. The plaintiffs-appellant had filed the said money suit for realisation of Rs. 2,69,570.63 paise along with pendente lite and future interest @12% per annum against the defendants -respondent on the basis of the Hundies detailed in Schedule A of the plaint.3. The case of the plaintiffs-appellant (hereinafter referred to as the 'plaintiffs'), in brief is that the plaintiffs are a partnership firm registered under the Indian Partnership Act and also registered under the provisions of Section 4 of the Bihar Moneylenders Act, 1938 and they carry on business as bankers, general merchants and commission agents. It is alleged that defenda...
Shambhu Paswan Vs. Central Mine Planning and Design Institute Ltd. Thr ...
Court: Jharkhand
Decided on: Jun-21-2004
Reported in: [2004(3)JCR390(Jhr)]; (2004)IIILLJ243Jhar
M.Y. Eqbal, J.1. Heard Mr. P.K. Sinha, learned senior counsel appearing for the petitioner and Mr. K.B. Sinha, learned senior counsel appearing for the respondents.2. The petitioner has prayed for quashing the transfer order dated 22.01.2004, whereby he has been transferred from the Safety Division, CMPDI, Ranchi to RI-II, Dhanbad.3. Petitioner's case is that he was appointed as Junior Executive Trainee in 1975 and after his promotion he is working on the post of Deputy Chief Engineer in the Safety Division of Central Mine Planning and Design Institute Limited (in short CMPDI). It is stated that one Shri (Dr.) Bindu Charan Rohi Das a Senior Officer of CMPDI and official in-charge of SC/ST employees of the CMPDI has to look after the interest of SC/ST employees officially besides his routine work. While in service the petitioner always ventilated his grievance before the higher officer for giving effect to the order for his promotion from 1994 instead of 1998. It is stated that for the ...
Uranium Corporation of India Ltd. Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Jun-21-2004
Reported in: [2004(3)JCR393(Jhr)]
Amareshwar Sahay, J.1. Heard the parties.2. The petitioner, Uranium Corporation of India Ltd., has challenged the notice of demand (Annexure-3) issued under the signature of Regional Provident Fund Commissioner, Jamshedpur, by which the concerned respondent held that the establishment of the petitioner, Uranium Corporation of India Ltd. was engaged in 'Non-ferros Metal and Alloy Industry in the form of ingots' which is included in Schedule 1 in Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and thereby called upon the petitioner to remit/deposit the Employees' Provident Fund Amount and Employees' Deposit Linked Insurance dues for the period from 16.10.1967 to 31.12.1996 and Family Pension Fund Contributions from January, 1997.3. The learned counsel for the petitioner states that the Uranium Corporation of India Limited, i.e. the petitioner though is a mineral industry, but is not producing any Non-ferros Metal or Alloy in the form of ingots and, therefore, it is not ...
Awanish Kumar Sinha and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-21-2004
Reported in: [2004(3)JCR383(Jhr)]
M.Y. Eqbal, J.1. Heard Mr. R.P. Gupta, learned counsel appearing for the petitioners and Mr. Saurav Arun, learned counsel appearing for the respondents.2. In this writ petition, the petitioners seek a writ of mandamus commanding upon the respondents to issue appointment letters for the respective posts for which all the petitioners have been declared successful as per the result published by the respondents.3. It appears that an advertisement was published by the respondents under the signature of Deputy Commissioner-cum-President of District Tuberculosis Control Society, Chaibasa, Singhbhum West in the newspaper on 26.10.2003 for appointment on the post of Data Entry Operator, Laboratory Technician, Senior Treatment Supervisor. It is contended by the petitioners that they appeared for their interview on different dates and the final result was declared on 17.11.2003, and petitioners were selected against different posts.4. Petitioners' case is that before publication of result a meeti...
Himanchal Construction Co. Pvt. Ltd. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-21-2004
Reported in: I(2005)BC139; [2004(3)JCR391(Jhr)]
M.Y. Eqbal, J.1. In the instant writ petition, the petitioner seeks a mandamus commanding upon the respondents to issue the work order in his favour for construction of 10 Kms Road from Ketunga to Badheda via Madhupur under Nimdih Block, pursuant to tender No. 3/2003-04, issued by the Rural Engineering Organization Works Division, Saraikela-Kharsawan.2. A short term tender notice No. 3/2003-04 was issued under the signature of the Executive Engineer, REO, Works Division, Saraikela-Kharsawan inviting tender for construction of 10 Kms Road from Ketunga to Badheda via Madhupur under Nimdih Block. The petitioner being eligible in all respect said to have submitted his tender on 12.1.2004. It is contended that, the Government of Jharkhand through Finance Department took a decision on 24.1.2002 that the individual bidders will not deposit the Earnest Money/Security Deposit by way of Bank Guarantee. The facility of Bank Guarantee will be available to a Company/Firm.3. Petitioner's case is tha...
B.K. Singh Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jun-21-2004
Reported in: [2004(3)JCR349(Jhr)]
ORDERM.Y. Eqbal, J.1. Petitioner seeks mandamus directing the respondents to pay arrears of salary for the period January, 1967 to January, 1996 and also the retiral dues.2. Petitioner's case is that he was appointed as a routine clerk in the Department of Industries on 8.10.1958. In 1959 he was posted at Patna Secretariat. In 1961 he was again appointed as an Industrial Extension Supervisor in the same department, namely, Department of Industries, Government of Bihar. In 1969 the services of the petitioner was terminated by the order issued by the Food Commissioner, Patna which was communicated to the petitioner at Dhanbad where he was posted. Petitioner challenged the said order of termination by filing suit being Title Suit No. 57/4 of 1971/72. In the said suit besides declaration that the termination was illegal the petitioner also claimed consequential relief. The suit was eventually decreed in terms of judgment, dated 25.06.1973 by the 1st Additional Subordinate Judge, Dhanbad. B...
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