Jharkhand Court September 2004 Judgments
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Surendra Prasad Singh Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-20-2004
Reported in: 2005CriLJ64; [2004(4)JCR336(Jhr)]
ORDER1. Heard the learned counsel for the appellant and the learned APR.2. This appeal has been preferred by Surendra Prasad Singh. admittedly the owner, of the truck bearing Registration No. BEC 344, for the release of the said truck.3. The facts giving rise to this appeal is that at the relevant time the truck was under the control of accused Dumar Chand Mahto, who was the driver of the said truck and said Dumar Chand Mahto under pressure had to part with the said truck to the terrorist and the said truck was used by them as a carrier for carrying the terrorists to and fro to the place of occurrence. In course of investigation, the said truck was seized and as per seizure list (Annexure-3), seizure was made in front of the house of co-accused Jamir Mian at village-Potdag Barka Bandh, Police Statlon-Nimia where it was stationed.4. The learned trial Court rejected the prayer for the release of the said truck In favour of the appellant.5. It is relevant to mention at the veiy outset tha...
Classic Automobiles and anr. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Sep-20-2004
Reported in: [2004(4)JCR335(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard learned Counsel for the parties.2. The petitioner has challenged the order taking cognizance dated 1.9.2003 in P.C.R. No. 347/2003 whereby the learned Magistrate has taken cognizance of the offence under Section 420, IPC and 138 of the Negotiable Instrument Act.3. From the impugned order it appears that the learned Magistrate on the basis of the allegation made in the complaint petition statement of the complainant of solemn affirmation as well as the statement of the witnesses examined during enquiry under Section 202, Cr PC has found prima facie case against the petitioner and hereby has taken cognizance under the aforesaid sections.4. The learned Counsel for the petitioner has brought to the notice of the Court by filing several annexure with this application and submitted that no case for the offence alleged is made out against the petitioner and, therefore, the order taking cognizance is bad in law.5. In my view the facts which has been brought by...
Employer in Relation to the Management of F.C.i. Through Its District ...
Court: Jharkhand
Decided on: Sep-20-2004
Reported in: [2005(104)FLR505]; [2004(4)JCR643(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. S.. Bakshi, learned counsel for the petitioner and Mrs. M.M. Pal, learned counsel of the respondent No. 2.2. The petitioner (M/s. Food Corporation of India), has challenged the validity or otherwise of the award passed on 8.8.1997 in Reference Case No. 24 of 1992 by the Central Government Industrial Tribunal No. 1, Dhanbad whereby and whereunder the Presiding Officer of the said Tribunal answered the reference against the Management and in favour of the workman by holding that :'The action of the Management of Food Corporation of India, Ranchi, in not regularizing the services of the workman, Shri Suberen Sarkar and denying wages etc. equal to regular Class-IV employees with effect from 13.5.1982 is not justified. The Management is directed to regularize the service of the workman as Class-IV Watchman /Sweeper (as per documentary proof of educational qualification produced) from January, 1988 and to pay full back wages with all other benefits admissible t...
Ramendra Nath Sarkar Vs. Bihar State Electricity Board and ors.
Court: Jharkhand
Decided on: Sep-20-2004
Reported in: [2004(4)JCR496(Jhr)]
ORDERM.Y. Eqbal, J.1. The petitioner retired from the service on 31.12.2003. He has filed this writ petition for a declaration declaring the petitioner to be in continuance in service from 31.5.66 and accordingly for calculation ofretiral benefits. The admitted facts are that the petitioner was appointed on 31.5.66 in the post of Assistant Controllcr. After continuing in service for a number of years he tendered his resignation 30.3.1972 and thereafter he was relieve from the service w.e.f. 6.4.1972. However the petitioner was again appointed in the year 1973 by the respondent Board and he submitted his joining on l5.1.1973. The case of the petitioner is that the period in between the date of his resignation and date of this joining should be taken as continuity in service. The petitioner has not annexed copy of the letter of appointment by which he was given appointment in. 1973. However learned counsel appearing for the petitioner produced before me the service record in support of h...
Ugra Narayan Jaiswal and ors. Vs. Ram Chandra Pandit and anr.
Court: Jharkhand
Decided on: Sep-20-2004
Reported in: [2004(4)JCR506(Jhr)]
Hari Shankar Prasad, J.1. This appeal at the instance of the appellant is directed against the judgment dated 7.7.1997 passed in Title Appeal No. 2/5 of 1993/97 whereby and whereunder, the learned 2nd Additional District Judge, Godda set aside the order dated 15.4.1993 passed by the Sub-ordinate Judge, Godda in Title Suit No. 31 of 1991 and remanded the matter back to the trial Court.2. Facts briefly stated are that plaintiffs, who are respondents here, filed a Title Suit No. 31 of 1991 for declaration of title and confirmation of possession and/or in the alternative recovery of possession and for permanent injunction. Further prayer was made that orders passed by the Deputy Commissioner in RMA No. 12/81-82 on 23.12.1981 and by Commissioner in R. Misc. Appeal No. 225/84-85 on 29.4.1985 be declared as void, illegal and without jurisdiction. Further case of the plaintiff is that the disputed land originally belongs to Karulal Choudhary who died in the year 1930 leaving behind his Son Bah...
Civil Paswan Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-20-2004
Reported in: [2005(105)FLR952]; [2005(2)JCR245(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This application has been preferred by the petitioner for direction on the respondents to correct the date of birth as per Matriculation (Secondary) Certificate.2. According to the petitioner, his date of birth has been wrongly recorded in the Service Book, which is not in accordance with the date of birth as recorded in the Matriculation (Secondary) Certificate.3. According to him, he having passed the Matriculation (Secondary) Examination prior to his appointment, in the year 1968, his date of birth should have been recorded on the basis of date of birth as recorded in the said Certificate.4. In this connection, he has placed reliance of the decision of the Patna High Court in the case of Radhe Shyam Singh v. State of Bihar, reported in 2001 (1) PLJR 451.5. From the judgment aforesaid, it appears that the State of Bihar issued guidelines in the year 1976 calling for applications from the Constable who passed Matriculation examination so as to correct ...
Siban Kandulna @ Siban Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Sep-20-2004
Reported in: [2005(2)JCR73(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. According to petitioner, her husband was in the services of the Bihar State Electricity Board and died in harness on 29.7.1998 as Chow-kidar, Electric Supply Division, Simdega. Her grievance is that the authorities have not yet paid the death-cum-retiral benefits to which she is entitled i.e. pension after its finalisation, arrears of revision of pension, D.C.R. gratuity, leave encashment, group saving scheme amount, difference of pension and other legal dues.2. From the enclosures attached by the petitioner it appears that one or other authority has sanctioned certain amount towards Group saving scheme, D.C.R. gratuity, leave encashment etc. vide letters, dated 28.8.2002. 25.1.2003 and 22.7.2004.3. Counsel appearing on behalf of Jharkhand State Electricity Board submitted that the matter will be looked into.4. In the facts and circumstances, the case is remitted with liberty to the petitioner to approach the General Manager-cum-Chief Engineer, Jharkhan...
National thermal Power Company Ltd. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-20-2004
Reported in: [2005(1)JCR258(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. Let notice be issued to respondent Nos. 8, 9 and 10 as to why the case be not admitted and if possible, disposed of at the stage of admission. Requisites under registered post with A.D. shall be tiled in the Court within a week failing which the application as against the concerned respondents shall stand rejected without further reference to a Bench.2. Counsel for the State is also allowed four weeks time to file counter affidavit.3. Place the case for admission before an appropriate Bench on 1.11.2004 within twenty cases.4. During the pendency of the writ petition the members of the respondent No. 8 or any other person is restrained from holding any demonstration, dharna, picketing etc. within the premises of the petitioner, National Thermal Power Corporation Limited.5. The Superintendent of Police, Godda, Jharkhand is also directed to give police protection to the petitioner to ensure that the coal is supplied to the petitioner, National Thermal Powe...
The State of Bihar Vs. Suraj Nath Teli and ors.
Court: Jharkhand
Decided on: Sep-18-2004
Reported in: 2004(3)BLJR1669
Gurusharan Sharma, J.1. F.A. Nos. 84 to 121 of 1990 (R) arise out of a common judgment dated 30.1.1990 and F.A. No. 516 of 1993 (R) arises out of judgment dated 30.1.1993, all in respect of one and same land acquisition proceeding and common questions re involved therein, hence, all these appeals have been heard together and are disposed of by a common judgment.2. Lands bearing various plot numbers, appertaining to Khata Nos. 3, 14, 23, 24, 26, 30, 36, 40, 47, 50, 56, 58, 64, 66, 70, 71, 72, 78, 79, 83, 88, 90, 98, 100, 101, 103, 104, 109, 132, 135, 140, 143, 156, 161, 163 and 164 of villages Bujrug Jamira and Pochra, within Ramgarh Police Station of Hazaribagh District were acquired for expansion of Ramgarh Cantonment. The aforesaid two villages were within the Ramgarh Cantonment Board area,3. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter to be referred to as 'the Act') was published in Hazaribagh District Gazette on 16.12.1983. Declaration under Section ...
Oriental Insurance Company Ltd. Vs. Smt. Sanju Devi and ors.
Court: Jharkhand
Decided on: Sep-17-2004
Reported in: II(2005)ACC531; 2004(3)BLJR1903; [2004(4)JCR312(Jhr)]
M.Y. Eqbal, J.1. These two appeals at the instance of the appellant Oriental Insurance Company are directed against the judgment and award dated 31.8.2004 passed by 4th Additional Judicial Commissioner-cum-Motor Vehicle Accident Claims Tribunal in Compensation Case Nos. 7 of 1984 and 9 of 1984 awarding compensation to the tune of Rs- 1.50.000/- and Rs. 25.000/- for the death of father and son who were traveling in the trekker.2. The claimants are the widow and sons of the deceased Satyendra Prasad Singh. The brief facts of the case is that on 12.10.1983 the claimant Smt. Sanju Devi was travelling with her husband and two sons in a trekker bearing registration No. BPN No. 8412 from Ranchi to Lohardaga. The trekker was over crowded and being driven rashly and negligently. It was alleged that when the trekker reached never village Kamre on Ranch! Lohardaga road. it collided with BSRTC Bus No. BHV-8224 belonging to Bihar State Road Transport Corporation, which was also being driven rashly ...
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