Jharkhand Court September 2004 Judgments
Ghasi Ram Munda @ Alinder Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-30-2004
Reported in: [2004(4)JCR704(Jhr)]
ORDERVishnudeo Narain, J.1. Heard the learned counsel for the petitioner.2. This revision at the instance of the petitioner stands directed against the impugned judgment dated 8.1.2004 passed in Criminal Appeal No. 164 of 2003 by Shri Prakash Chandra Agrawal, Additional Judicial Commissioner, Fast Track Court No. 3, Ranchi whereby and whereunder the order dated 19.11.2003 passed in G.R. Case No. 3195 of 2002 refusing the prayer for bail of the petitioner was affirmed.3. It appears that the said petitioner is being prosecuted for the offence Under Sections 147, 148. 323, 384, 435 and 427 of the Indian Penal Code and Under Section 27 of the Arms Act besides Under Section 17 of the C.L.A. Act in Silli Police Station Case No. 43 of 2002 corresponding to G.R. No. 3195 of 2002 along with other co-accused persons and in the said occurrence the Jeep belonging, to the construction company was burnt when the demand of the levy amount was not fulfilled as demanded by the banned terrorists organiz...
Tag this Judgment!State of Bihar Through Deputy Commissioner Vs. Mostt. Yasoda Kuar and ...
Court: Jharkhand
Decided on: Sep-30-2004
Reported in: 2005(1)BLJR602; [2005(1)JCR250(Jhr)]
Hari Shankar Prasad, J.1. All the seventeen appeals filed at the instance of defendants-appellant are directed against the judgment dated 31.3.1993 and award dated 21.4.1993 passed in reference case Nos. 151/1991, 152/1991, 153/1991, 154/1991, 155/1991, 156/1991, 157/1991, 158/1991, 159/1991, 160/1991, 161/1991, 162/1991, 163/1991, 164/1991, 165/ 1991, 166/1991 and 167/1991 whereby and where under the Special Judge-cum-Land Acquisition Judge, Giridih enhanced the amount of compensation.2. Pursuant to the notification under Section 4 of the Land Acquisition Act, published in the District Gazette on 1.3.1989 the land measuring 98 decimals bearing plot No. 1129 under Khata No. 30 of village Daldal, PS Dhanwar, District Giridih was acquired for construction of Panchkhero Dam in the year 1988-89 and compensation was assessed under Section 11 of the Land Acquisition Act and amount of Rs. 16,905/- was paid to the applicants as compensation but they received the amount on protest. When Collect...
Tag this Judgment!Rakesh JaIn Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Sep-30-2004
Reported in: 2005(2)ALD(Cri)22; II(2005)BC520; 2004(3)BLJR1921; 2005CriLJ2124; [2004(4)JCR548(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard Mr. Indrajeet Sinha, learned counsel appearing for the petitioner and the learned counsel for Opposite Parties.2. The Opposite Party No. 2 Mr. Rakesh Ranjan Srivastava, Managing Director of M/s. Computer Media (India) Consultants (P.) Ltd. filed a complaint case before the Chief Judicial Magistrate, Dhanbad, against the petitioner Rakesh Jain, praying therein to take cognizance of the offence under Section 138 of the Negotiable Instrument Act and Sections 406/420 of the Indian Penal Code as the accused (petitioner) committed the aforesaid offence on the basis of the fact stated in the Complaint Petition.3. The learned Chief Judicial Magistrate directed the Police to Institute First Information Report under the Provisions of 156(3) of the Code of Criminal Procedure. Accordingly, Bank More, Dhanbad Police Station registered a First Information Report against the petitioner under Sections 406 and 420 of the Indian Penal Code and under Section 138 of the N...
Tag this Judgment!The State of Bihar Vs. Govind Prasad
Court: Jharkhand
Decided on: Sep-30-2004
Reported in: 2005(1)BLJR813
Hari Shankar Prasad, J.1. This appeal, by the State of Bihar now Jharkhand, is directed against the judgment dated 1.6.1993 and award dated 21.7.1993, corrected vide order dated 4.2.1994 passed in Land Acquisition Case No. 15/82, whereby and whereunder the learned Subordinate Judge No. 1-cum Land Acquisition Judge, Palamau allowed the reference and enhanced the compensation.2. Pursuant to the notification under Section 4 of the Land Acquisition Act published in District Gazette, lands appertaining to plot Nos. 55, 67 and 730 under khata Nos. 60 and 1 measuring area of 0.36 acre, 0.05 acre and 0.94 acre respectively of village Sons, P.S. Lesliganj, District-Palamau were acquired for Sons Madhayam Sinchai Project from the possession of the applicant. Further case of the applicant is that the lands were owned and possessed by the applicant vide Notification No. 2/94 dated 9.5.1979 and possession of the land was taken over by the Land Acquisition Officer anti-compensation was prepared and ...
Tag this Judgment!State of Bihar Vs. Salim Khalifa
Court: Jharkhand
Decided on: Sep-30-2004
Reported in: [2005(2)JCR69(Jhr)]
Hari Shankar Prasad, J.1. This appeal is directed against the judgment dated 23.9.1994 and award dated 5.10.1994 passed in Land Acquisition Case No. 11/ 1993, whereby and whereunder the learned Subordinate Judge I, cum Land Acquisition Judge, Palamau at Daltongaj allowed the reference and enhanced the compensation.2. Pursuant to the notification under Section 4 of the Land Acquisition Act published in the District Gazette. 0.78 acre of land, fully described in the foot of the plaint, has been acquired by the State of Bihar, which was owned and possessed by the applicant and due to acquisition the applicant has been dispossessed. The land has been acquired for construction of Malay Water Scheme. After acquisition, the Land Acquisition Officer assessed the valuation and decided the compensation to be paid to the applicant a Rs. 23,758.05 which the applicant claimed that it is inadequate and amount of compensation is very low. The land of the applicant has been acquired by the State of Bi...
Tag this Judgment!Dr. (Mrs.) Maya Prasad Vs. Ranchi University and ors.
Court: Jharkhand
Decided on: Sep-29-2004
Reported in: [2004(4)JCR706(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This application has been preferred by petitioner for direction on respondents to consider her case for promotion to the post of University Professor with effect from 1.9.1989 in terms of the order passed by Supreme Court in the case of Patna University v. Awadh Kishore Prasad Yadav, reported in 1994 (2) BLJR 790.2. According to petitioner, she was appointed as a Lecturer in the department of Hindi in S.S.L.N.T. Manila Mahavidyalaya, Dhanbad where she joined on 1.8.1972. On completion of 13 years of continuance service she was given promotion to the next higher post of Reader in the year 1985. Subsequently, she was promoted to the post of University Professor along with other similarly situated persons vide order dated 1.9.1989 but, latter on, it was cancelled on the ground that the order of promotion was ad hoc/provisional in nature and no recommendation was made by the Screening Committee of the Ranchi University/University Service Commission. It appe...
Tag this Judgment!Sri Digvijay Narayan Singh Vs. Central Coalfields Ltd. Through Its Cha ...
Court: Jharkhand
Decided on: Sep-29-2004
Reported in: [2004(4)JCR707(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. Saurav Arun, learned counsel for the petitioner and Mr. P.K. Appu, learned counsel appearing for all the respondents and with their consent this writ petition is being disposed off.2. The petitioner is aggrieved by the petition dated 4.4.2002 (Annexure 4) by which his promotion, granted on 11.8.1997, to the post of Surveyor (Mines) (Grade 'A') was cancelled and he was reverted to his original post, i.e., Deputy Surveyor (Mines) (Grade 'B').3. Upon a perusal of the impugned order, as contained in Annexure 4, it is evident that the reasons for passing the aforementioned order are as follows :That the promotion from Grade 'B' to Grade 'A' was granted in violation of circular dated 9/17.1.1991, which, inter alia, laid down that such promotion can be given only at the Company level whereas the petitioner was promoted to the post of Surveyor (Mines) (Grade 'A') on the basis of a Departmental Promotion, Committee held in Kuju Area. It was in that context that th...
Tag this Judgment!Dheni Devi Vs. Central Coalfields Limited Through Its Chairman-cum-man ...
Court: Jharkhand
Decided on: Sep-29-2004
Reported in: [2004(4)JCR708(Jhr)]
ORDERTapen Sen, J.1. Heard the parties.2. The concept of compassionate appointment was a concept which was developed in the olden days when the country did not have so many public sector undertakings and when the labour force of this nation was not so large.3. When the labour force was low, the management/employers, during those days, did feel that on the death of the bread winner, the family should immediately be provided succcour and relief so that they do not suffer. Times have now changed.4. Courts are now llooded with petitions after petitions complaining glaring irregularities in matters relating to appointment stating that these appointments have been made without following a transparent procedure.5. This Court is of the opinion that there are only two known sources of recruitment. The first is by filling-up of vacancies in a transparent manner by calling for names through advertisements/ publications and/or from the local Employment Exchanges. The obvious object is that the pro...
Tag this Judgment!Sandeep Khedwal Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Sep-29-2004
Reported in: [2004(4)JCR345(Jhr)]
ORDERM.Y. Eqbal, J. 1. Reference may be made to the order dated 13.9.2004. which read as under :'In this case, petitioner has been denied supply of electricity on the ground that there is dues of Rs. 2,02,893/- against the owner of the property who has let out the premises to the petitioner. Learned counsel for the Board stated that because of nonpayment of the aforesaid dues, the line has been disconnected in 1997.Before deciding the matter. I direct the respondent-Board to file supplementary counter affidavit and State the action taken against the consumer for the recovery of the aforesaid dues. If any suit or proceeding has been instituted then respondent shall also disclose the number of the case and the name of the Court where the case is pending.Put-up this ease on 21.9.2004 within first, five cases. The Electrical Executive Engineer, Urban Electric Supply Division-1, Ranchi, shall file supplementary counter affidavit and shall be present in the Court on that date.'2. Pursuant to...
Tag this Judgment!State of Bihar Through the Deputy Commissioner Vs. Haricharan Mian and ...
Court: Jharkhand
Decided on: Sep-29-2004
Reported in: [2005(2)JCR257(Jhr)]
Hari Shankar Prasad, J.1. This appeal is directed against the judgment dated 29th March 1993 and award dated 19.4.1993, subsequently amended on 24.2.2004, passed in the Land Acquisition Case No. 2 of 1985 whereby and whereunder the Sub-Ordinate Judge-cum-Land Acquisition Judge, Giridih allowed the reference and enhanced the compensation.2. Pursuant to the notification under Section 4 of the Land Acquisition Act, 58 decimals of land bearing Khata No. 28, plot No. 1561 situated in village Ulber, PS Bagodar was acquired by the State Government for construction of Bagodar Branch Cannal and compensation of Rs. 5,885.61 paise was fixed and awarded in the name of the respondents.3. The case of the applicant-respondent is that the land under acquisition was first class bari land and petitioner used to grow four crops in a year i.e. potato, wheat, maize and vegetable. There was a pucca well in the land and there was sufficient means for irrigation. On the other hand, the Land Acquisition Office...
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