Jharkhand Court September 2004 Judgments
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Kali Charan Rabidas and ors. Vs. State of Jharkhand Through the Direct ...
Court: Jharkhand
Decided on: Sep-29-2004
Reported in: [2005(1)JCR319(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. M.B. Lal, learned counsel for the petitioner Mr. Prabhat Kumar Sinha, J.C. to the learned S.C. III and with their consent this writ petition is being disposed-off at this stage.2. The petitioner in this case basically pray for an order for consideration of their case for promotion to the post of a Head Master in accordance with law. This Court does not find the said prayer to be unreasonable.3. It appears that these petitioners had earlier moved this Court vide W.P. (S) No. 4800 of 2001 which was disposed-off on 27.9.2001 after holding that there was nothing on record at that stage to suggest immediate cause of action and therefore, an observation was made to the effect that if the respondents fill-up the posts of Head Masters by promotion and if the petitioners come within the zone of consideration and if they are eligible, then the respondents may consider their cases for promotion to the post of Head Master. This order is Annexures 7 appended to the wr...
Pashupati Nath Priyadarshi Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-28-2004
Reported in: [2004(4)JCR296(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ application the petitioner seeks appropriate direction upon the respondents to admit him in the first year of M.B.B.S. Course in any of the Medical College of the Government of Jharkhand in the Session commencing from 2004-2005 and not to reject his claim for admission on the ground of his permanent address shown as outside of the State of Jharkhand.2. Petitioner's case is that he appeared in the Jharkhand Comomed Entrance Kxamination conducted by the Board and in the preliminary examination he has succeeded. Thereafter, he appeared in the Main Examination which was held on 4.7.2004 which also he succeeded and in the category of Scheduled Caste he ranked second in the merit list. Petitioner was called for counseling on 3.9.2004 before the Counseling Board and submitted all the documents including caste certificate issued by the Sub-divisional Officer, Sadar Bhagalpur and also cast certificate issued by the Deputy Commissioner, Bokaro and Sub-divisiona...
Raj Kishore Singh Vs. Bihar State Road Transport Corporation and ors.
Court: Jharkhand
Decided on: Sep-28-2004
Reported in: [2004(4)JCR343(Jhr)]
ORDER1. Heard Mr. V. Shivnath, learned counsel appearing for the appellant and Mr. P.P.N. Roy. learned counsel appearing for the respondents.2. This appeal under clause 10 of the Letter Patent is directed against the judgment dated 21,4.2004 passed by the learned single Judge dismissing the writ petition being WP (S) No. 5925 of 2002.3. The petitioner, who was working as Conductor in the Bihar State Road Transport Corporation, was charge-sheeted on the allegation that during inspection of the bus by the Traffic Inspector, it was found that altogether 92 passenger were sitting in the bus and only 13 passengers were issued ticket and rest 70 passengers were without ticket. A passenger of the bus stated that bus fare had already been realized from them but no ticket was issued. On the basis of this charge, inquiry officer conducted inquiry and submitted report. On the basis of the inquiry report disciplinary authority after giving second show-cause notice, dismissed the petitioner from se...
Thakur Prasad Mahto Vs. State of Bihar
Court: Jharkhand
Decided on: Sep-28-2004
Reported in: [2004(4)JCR710(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. Chandrasekhar Prasad, learned counsel for the petitioner and Mr. H.K. Mehta, learned Government Advocate for the State respondents.2. The writ petitioner states that the private respondents were made accused in Jarmta Police Station Case No. 70 of 1995 under various sections of the Indian Penal Code including Sections 307/302/477/379 of the Penal Code. Pursuant to the institution of the aforementioned criminal case, these respondents were put under suspension, but for reasons best known to the authorities, the orders of suspension were withdrawn and they were allowed to move around freely. The learned counsel further submits, with reference to paragraph 13 of the writ petition, that one of the relatives of the petitioner was murdered and these respondents are moving around freely although representation filed by the petitioner Hide Annexure 3 has not yet been disposed-off. Mr. H.K. Mehta, learned Government Advocate points out, with reference to the count...
Amit Ghosal Vs. Steel Authority of India Ltd., Through Its Chairman an ...
Court: Jharkhand
Decided on: Sep-28-2004
Reported in: [2004(4)JCR677(Jhr)]
ORDERTapan Sen, J.1. Heard the parties.2. We are once again faced with a demand from yet another job seeker' who places his claim as a displaced person and desires that he should ' be placed in Category I in pursuance of judgments arising out of CWJC No. 2459 of 1995(R) and MJC. No. 139 of 1999(R).3. A Division Bench of this Court of which the undersigned was a party had the occasion to deal with similar matters in LPA No. 264 of 2004 arising out of W.P. (S) No. 1628 of 2003 read with Contempt Case (Civil) No. 362 of 2004. The relevant portions of the said judgment are paragraph 25 as well as the observations of Hon'ble the Chief Justice. These are relevant for purposes of this case also. They are accordingly, quoted below :'This Court takes judicial notice of the fact that the Bokaro Steel Plant was established for the growth of one of the Steel Industries of the nation. It was dedicated to the nation and it is a prestigious Steel Plant, was established in Public Sector. Land had to b...
Smt. Jhuma Gorai Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Sep-27-2004
Reported in: [2004(4)JCR711(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the learned counsel for the parties.2. This revision application is directed against the order dated 3.12.2002 passed by Principal Judge, Family Court, Jamshedpur in Miscellaneous Case No. 76/146 of 2000-01 whereby the application filed by the petitioner-wife Under Section 125, Cr PC has been allowed in part by awarding maintenance of Rs. 200/- for the minor daughter of the petitioner but maintenance claimed by the petitioner-wife has been refused.3. Petitioner filed an application before the Principal Judge, Family Court, Jamshedpur alleging, inter alia, that after the marriage with opposite party No. 2 she was tortured both mentally and physically although her father gave a sum of Rs. 45,000/- to opposite party No. 2 in cash on his demand, excluding one bicycle, one gold ring, two sets of utensils, cloths and other house-hold articles.4. Petitioner alleged that she was compelled to go back her parent house and since then she is residing in the house of her...
Arif Khan Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Sep-27-2004
Reported in: [2005(104)FLR263]; [2004(4)JCR679(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. The writ petition was preferred by one Umerah Khatoon, widow of late Md. Zaffir Khan for compassionate appointment of his son, Arif Khan, one of the sons of the deceased. During the pendency of the writ petition, she died and a petition for substitution has been filed by the son. Arif Khan vide I.A. No. 1900 of 2004.2. Having heard the counsel for the parties, the petition for substitution is allowed. Let Sri Arif Khan, son of late Md. Zaffir Khan be substituted as the petitioner in this writ petition.3. According to petitioner Arif Khan, his father late Md. Zaffir Khan was in the services of the respondent. Garden Reach Ship Builders and Engineers Ltd., Kolkata and died in-harness on 27th September, 1999 while functioning as charge man. His grievance is that in spite, of application filed by his mother and then him within time, he has not been appointed on compassionate ground. The respondents have rejected the case of writ petitioner, Smt. Umerah Khat...
JaIn Petrol Supply Company and ors. Vs. State of Jharkhand Through Its ...
Court: Jharkhand
Decided on: Sep-23-2004
Reported in: [2004(4)JCR291(Jhr)]
M.Y. Eqbal, J.1. In all the writ petitions since common questions of law and facts are involved, they have been heard together and disposed of by this common order.2. Petitioners have prayed for quashing the respective notices issued by the District Supply Officer, Hazaribagh directing them to refund the amount of wholesale dealers' commission realised by them from the retailers on the sale of kerosene oil and also for quashing the requisition sent by District Supply Officer, Hazaribagh to the District Certificate Officer. Hazaribagh for realising the amount and also for quashing the entire certificate proceeding issued by the District Certificate Officer, Hazaribagh in the respective certificate cases for the recovery of the amount from the petitioners. These notices have been annexed as Annexures-6, 8 and 10 respectively to the writ petitions.3. Petitioners are the wholesale dealers' of kerosene oil holding licences granted under the provisions of Bihar Trade Articles (Licences Unifi...
Munnalal JaIn Vs. Food Corporation of India
Court: Jharkhand
Decided on: Sep-23-2004
Reported in: III(2005)BC237; [2004(4)JCR344(Jhr)]
ORDERM.Y. Eqbal, J.1. In tills writ application the petitioner who is the Judgment debtor has challenged the order dated 31.7.2004 passed by the Subordinate Judge-1, Palamau at Daltonganj in Execution Case No. 17 of 1995 directing the petitioner to refund the decreed amount received by him together with interest @ 12% p.a.2. Learned counsel appearing for the petitioner submitted that. there is no provision in the Code of Civil Procedure which empowers the Court below to award interest on the decreetal amount, that too @ 12% p.a.3. It appears that the respondent Food Corporation of India filed a Money Suit No. 18/82 for a decree for recovery of the amount of loss sustained by the Corporation. Since the arbitration proceeding was pending, the suit was stayed an ultimately the arbitrator allowed the claim of petitioner to the extent of Rs. 74,460.22/- The award was made of the Court and a decree was passed by the Court below. The respondent preferred appeal being Miscellaneous Appeal No- ...
Piyari Mandal and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Sep-23-2004
Reported in: 2004(3)BLJR1900; I(2005)DMC783
R.K. Merathia, J.1. This appeal is directed against the judgment dated 25.1.1992 passed by Shri Kali Dayal Mishra, Additional Sessions Judge, Deoghar in Sessions Trial No. 9 of 1991, convicting the appellants under Section 304B, 498A and 201, IPC and sentencing them to undergo RI for 10 years under Section 304B. No separate sentence was passed under Section 498A, IPC. They were also sentenced to RI for one year under Section 201, IPC. Both the sentences were ordered to run concurrently.2. On 16.7.1990 at about 7.45 p.m., fardbeyan of the informant-Munsi Mandal (PW 11) was recorded by the Investigating Officer (PW 14). The informant stated that his daughter-Kaushalaya Devi (deceased) aged about 16 years was married with Kongress Mandal (appellant No. 6), son of Piyari Mandal (appellant No. 1) in the month of 'Vaishaikh' of the year 1988 according to the Hindu Rites. As per the village custom, she came back to her father's house. The second marriage (Gauna) was performed in 'Aghan' of th...
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