Jharkhand Court September 2004 Judgments
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Smt. Pokhani Devi and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Sep-03-2004
Reported in: I(2005)DMC521; [2004(4)JCR492b(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard Mr. Sanjay Prasad, learned counsel for the petitioners and Mr. R.S. Mazumdar. learned counsel for the opposite parties.2. This revision application is directed against the order dated 20.2.2003 passed by Principal Judge, Family Court, Dhanbad in M.P. Case No. 83 of 2002 whereby he has dismissed the application filed by the petitioners claiming maintenance under Section 125 of the Code of Criminal Procedure.3. The facts of the case is that petitioner No. 1 was married with opposite parly No. 2 about 35 years back and .were blessed with two sons and two daughters. In 1997 the opposite Party No. 2 married second wife and left the house. Petitioner No. 1 alleged that two daughters although married have been living with her and could not sent to their sasural. The opposite party appeared and filed show-cause denying all the allegations and stated that petitioners have been residing in his house and they are looking after all the agricultural land and appropriatin...
Dr. Krishna Kumar Sharma and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-03-2004
Reported in: 2004(3)BLJR1893; [2004(4)JCR568(Jhr)]
ORDERM.Y. Eqbal, J.1. This revision application is directed against the order dated 6.8.2003 passed by Sessions Judge, Dhanbad in Criminal Revision No. 78 of 2003 whereby he has set aside the order dated 6.1.2003 passed by the Judicial Magistrate. Ist class, Dhanbad by reason of which all the petitioners were discharged from the offence levelled against them under Sections 406/408/420/120B of the IPC.2. The facts of the case lie in a narrow compass.3. The informant namely, Manohar Ram the them Additional District Magistrate (Law and Order, President, B.S.S. MaHila College, Dhanbad) submitted FIR to the police of Dhanbad alleging certain financial irregularities of the college namely, Bharatiya Sewak Samaj Mahila Mahavidyalaya, Dhanbad. On receipt of complaint the Managing Committee of the college which includes Deputy Commissioner, Dhanbad vide memo dated 26.8.1995 intimated the informant for making inquiry in respect of the said financial irregularities of the College. Pursuant to the...
S.N. Patel @ Sapal Nariman Patel and ors. Vs. Minoo Nariman Patel and ...
Court: Jharkhand
Decided on: Sep-02-2004
Reported in: [2004(4)JCR168(Jhr)]
Narendra Nath Tiwari, J.1. This appeal has been preferred against the judgment and decree dated 22.5.2001 passed by the 3rd Additional District Judge, Jamshedpur in Title Appeal No. 9191/36/97 setting aside the judgment and decree dated 3.7.1991 passed by the Subordinate Judge 3rd, Jamshedpur in Title Suit No. 14/1987. The defendants are the appellants. The plaintiffs filed the said suit praying relief, inter alia, for a decree of declaration that the plaintiffs are the absolute owner having right, title and interest in respect of Schedule 'B' premises and that the defendants have no right or interest in respect of the same and also for delivery of possession of the Schedule 'A' property in favour of the plaintiffs.2. The case of the plaintiff was that the double storied building standing on a piece of land measuring 0.219 acres more or less situated in bank areas bearing TISCO's Holding No. B now Holding No. 2 described in Schedule 'A' of the plaint within the Jamshedpur town original...
Dr. Murli Manohar Sengupta Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-02-2004
Reported in: [2004(4)JCR167(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties.2. Petitioner has prayed for quashing that part of Notification No. 101 (4) dated 26.2.2004 (Annexure-6), whereby respondent No. 5 has been posted as District Tuberculosis Officer, (DTO for short), Lohardaga and petitioner has been ordered to work as Medical Officer in the centre. The main grounds of challenge are that petitioner was transferred on the said post of DTO, Lohardaga only four months ago i.e. on 11.10.2003 (Annexure-2) and secondly he has been made to work as Medical Officer, District Tuberculosis Centre, Lohardaga under respondent No. 5, who is junior to the petitioner.3. Learned counsel for the petitioner submitted that on 8.4.2002, respondent No. 5, who was Medical Officer cum Civil Surgeon, Lohardaga was given additional charge of the District Tuberculosis Centre, Lohardaga. On 11.10.2003, petitioner was posted as DTO, Lohardaga but just after four months petitioner was again made Medical Officer, District Tuberculosis Centre,...
Ban Bihari Mahto and ors. Vs. State of Bihar Through Its Special Land ...
Court: Jharkhand
Decided on: Sep-02-2004
Reported in: [2004(4)JCR475(Jhr)]
Hari Shankar Prasad, J.1. This appeal at, the instance of the appellants is directed against the judgment dated 15.7.1995 and the Award dated 4.8.1995 whereby and whereunder the learned Subordinate Judge-1, at Seraikella dismissed the reference made by the Special Land Acquisition Officer. Subarnarekha Dam Project. Chandil under Section 18 of Land Acquisition Act, on the ground that valuation of the land in question in respect of Award No. 520 is just and proper.2. Pursuant to the notification under Section 4 of the Land Acquisition Act published in the District Gazette on 1.1.1987, the land measuring 9.77 acres area of plot No. 912 appertaining to Khata No. 164 of village Dayapur was acquired. Valuation of the tank was assessed at Rs. 27,591,72 paise and appellant accepted the amount of award with protest assessed under Section 11 of the Land Acquisition Act. On protest, the matter was referred under Section 18 of the Land Acquisition Act and thereafter L.A. Case No. 56 of 1991 was fi...
Shayama Nand Ram Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Sep-02-2004
Reported in: [2004(4)JCR483(Jhr)]
S.J. Mukhopadhaya, A.C.J.1. This writ application has been preferred by petitioner against the order No. 6 (B)/2004. dated 29th July, 2004 issued by the Central Government under sub-section (2) of Section 72 of the Bihar Re-organisation Act, 2000, whereby and whereunder. the petitioner along with some others have been allocated the State of Bihar.2. According to petitioner, he is to retire from the services of the State on 30.9.2004 i.e., in this month and he should not be asked to go back and join duty in the State of Bihar. If the petitioner joins the State ol' Bihar then, in such case, he may lace difficulty in drawing pension and other retrial benefits. But, such prayer cannot be accepted, there being no illegality in the order dated 29th July, 2004. If the petitioner intends to continue in the State ofJharkhand may represent the Central Government.This application is disposed of....
Moti Lal Hansda Vs. State of Bihar
Court: Jharkhand
Decided on: Sep-01-2004
Reported in: [2004(4)JCR171(Jhr)]
R.K. Merathia, J.1. Heard Mr. Ravi Prakash, AC for the appellant and Mr. S.K. Dutta, learned APP for the State.2. This appeal is directed against the judgment dated 27.4.2000 passed by learned 1st Additional Sessions Judge, Godda in Sessions Case No. 130/90, 194/98 convicting the appellant under Section 326, IPC and sentencing him to under go rigorous imprisonment for 2 years and to pay fine of Rs. 1000/- and in default of payment of the further rigorous imprisonment for 3 months.3. Before proceeding on the merits, learned counsel for the appellant submitted that the appellant was juvenile on the date of occurrence. Though the said question was raised before the trial Court during evidence and was supported by a reliable document, by order dated 6.9.1999, the trial Court rejected the said prayer to treat the appellant as juvenile mainly on the ground that he has crossed the age of juvenile during the course of proceeding and that at the time of hearing bail application he himself state...
Upendra Chouhan and anr. Vs. Central Coalfields Ltd. Through Its Chair ...
Court: Jharkhand
Decided on: Sep-01-2004
Reported in: [2004(4)JCR484(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This application has been preferred by petitioners against the order dated 11th October, 2000 issued by the Personal Manager. Dakra Colliery of M/s. Central Coallields Limited, whereby and whereunder, the application for compassionate appointment of the petitioners has been rejected. They have ^so challenged the order dated 11.6.2003 issued by the Personal Manager (Manpower) of M/s. Central Coalfields Ltd., whereby and whereunder, the application preferred by petitioner No, 2 for compassionate appointment has also been rejected.2. According to petitioners, one (late Rikhia Chouhan) was an employee of M/s. Central Coalfields Ltd. in its N.K. Area, Dakra. She died in harness on 2.5.1998. The petitioner No, 1 is the son-in-law and petitioner No, 2 is the daughter of said (late Rikhia Chouhan). The petitioner No. 1 initially applied for his appointment being the son-in-law of the deceased after about one year from the date of death of Rikhia Chouhar. It was...
Habibur Rehman Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-01-2004
Reported in: [2004(4)JCR684(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. According to petitioner, he was appointed as Assistant Urdu Translator by the then Bihar Public Serylce Commission. Subsequently, he was transferred from one place to another and after promotion he is working as Urdu Translator under the State in Sonahatu Block. Ranchi.2. The grievance of the petitioner is that during the period, while he was posted under Block' Development Officer, Sadar, Gumla and Block Development Officer, Ramgarh, P.O. Bhabhua, District-Kaimur, the provident fund amount which was deducted from his salary for the period from 1996 to 1998 and from 20.5.1998 to 27.5.2003 has not been transferred to his Account No. Roh/RDD/1272, as the service book is still lying with the respondent No. 3.3. Counsel appearing on behalf of State of Jharkhand and Bihar submit that the matter will be looked into.4. In the facts and circumstances, the case, is remitted with liberty to the petitioner to bring the matter to the notice of the Block Development...
Dwarika Bhuian Vs. Bharat Coking Coal Ltd. Through Its Chairman and or ...
Court: Jharkhand
Decided on: Sep-01-2004
Reported in: [2004(4)JCR685(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This application has been preferred by petitioner for compassionate appointment in place of his father in-law, late Sukar Bhuian, who was in the services of M/s. Bharat Coking Coal Limited and died in-harness on 3.1.1995.2. From clause 9:3:3 of NCWA-IU it appears that the dependant such as widow/widower, unmarried daughter, son and legally adopted son can apply for compassionate appointment on the death of an . employee of M/s. Bharat Coking Coal Ltd. In case of non- availability of such person, widow-daughter, widow daughter-in- law or son-in-law staying with the deceased may also apply for compassionate appointment, if the family is depending on such persons. It appears that the deceased had two sons. There is nothing on the record to show that on the date of death of the employee one or other son was alive or dead. Admittedly, the petitioner is the son-in-law of .the deceased but, there is nothing on the record to suggest that the family of the decea...
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