Jharkhand Court January 2005 Judgments
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Purshottam Dubey and ors. Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Jan-19-2005
Reported in: 2005(2)BLJR909; I(2005)DMC549; [2005(3)JCR456(Jhr)]
Hari Shankar Prasad, J.1. This instant application under Section 482, Cr.P.C. has been filed for quashing the Order dated 21.12.1998 passed in C/1 Case No. 586/1996, whereby and whereunder the learned Court below has been pleased to Order for framing charge against the petitioners under Sections 3 and 4 of the Dowry Prohibition Act.2. The case of the petitioners is that complainant-opposite party filed a case to the effect that he was in search of a suitable bridegroom for his eldest daughter Kiran Pandey then he got information that petitioner Purshottan Dubey, is also interested to perform marriage of his son and there was a negotiation between both the sides and in course of negotiation the petitioner said to the complainant-opposite party that there would be no demand of dowry. Thereafter the opposite party was telephonically informed to come to the residence of the petitioner and he went there and he was asked to pay sum of Rs. 1.50 lacs to meet the expenses of Barati, transportat...
State Bank of India Vs. Braj Kishore Prasad and ors.
Court: Jharkhand
Decided on: Jan-18-2005
Reported in: II(2005)BC571; [2005(1)JCR521(Jhr)]
Hari Shankar Prasad, J.1. This appeal at the instance of the appellant State Bank of India is directed against the judgment dated 23rd March, 1995 and decree dated 29th March, 1995 passed in Money Suit No. 16 of 1984 whereby and where under the learned sub-Judge-II, Chaibasa decreed the suit but reduced the rate of interest from 13.5% per annum to 10% per annum.2. Case of the plaintiff-appellant in brief is that defendant- respondent No. 2 applied for cash credit facility before the plaintiff-appellant which is a banking company up to the sum of Rs. 95,000/- on 6.12.1979 and defendant No. 2 executed several documents and surety in favour of the plaintiff-bank. The defendant-respondent Nos. 1, 3 and 4 stood as guarantor of the defendant-respondent No. 2 and defendant-respondent No. 2 availed the said case credit facility from the plaintiff bank after executing Demands Promissory Note and the Promissory Note were delivered to the plaintiff-bank by defendant-respondent Nos. 1, 3 and 4 on ...
Ram Kumar Singh Vs. Smt. Moti Jhari Devi and ors.
Court: Jharkhand
Decided on: Jan-18-2005
Reported in: [2005(1)JCR484(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ application, the petitioner has prayed for quashing the order dated 3.6.2004 passed by the learned Subordinate Judge, II, Deoghar in Title Suit No. 200 of 1997, whereby the Subordinate Judge has rejected the petition dated 19.2.2004, seeking leave to accept the documents i.e. the certified copy of the mutation order dated 11.12.1990 passed in Mutation Case No. 46 of 1989-90 and also the certified copy of the assessment report for the year 1998-99 of Holding No. 345, Ward No. II in evidence.2. Notice having been issued to the respondents, Mr. Amar Kumar Sinha, learned counsel, appeared on their behalf and contested the petitioner's petition and also filed counter affidavit.3. The main ground for ejecting the petitioner's application is that he had not properly prayed for leave for, accepting the documents in evidence and also that the suit is on the verge of disposal and if such prayer is allowed, the same may cause delay in disposal.4. After...
Lakshmi Marandi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-17-2005
Reported in: [2005(1)JCR430(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the parties.2. Petitioner who is widow of late Rupu Marandi has filed this writ application alleging inter alia that although her husband worked as Karamachari from 1945 and retired in 1985 and thereafter died in 1999 but till date provident fund amount has not been paid.3. On the last date i.e., 9.12.2004 this Court directed to learned GP-III to file affidavit and also see that GPF amount together with statutory interest is paid to the widow/petitioner.4. In the counter-affidavit, it is stated that during service period petitioner's husband was transferred from one place to other and then retired from Taljhari Anchal in 1985. It is stated that it was the duty of the deceased husband of the petitioner to collect the statement of GPF from the concerned offices and to submit it to the Circle Officer, Taljhari. The delay in payment of GPF is not due to the lachies of the respondents but it is due to the latches of the deceased husband. It is also stated in the ...
Bihar State Financial Corporation and Atma Ram Agarwal Vs. Chotanagpur ...
Court: Jharkhand
Decided on: Jan-14-2005
Reported in: 2005(2)BLJR948; [2005(2)JCR184(Jhr)]
Hari Shankar Prasad, J.1. Since both the appeals arise out of the same judgment dated 30.11.1992 (decree signed on 19.12.1992) passed in Money Suit No. 9/6 of 1984/1989 both the appeals are heard together and are being disposed of by this common judgment.2. The case of the plaintiff in brief is that it applied for grant of loan to the tune of Rs. 3.87 lacs before the Bihar State Financial Corporation, Patna (defendant No. 1) for the purpose of establishing factory at Industrial Area Kokar, Ranchi on 5.11.1976. The defendant sanctioned a sum of Rs. 3.36 lacs as loan vide letter No. 7026 dated 7.7.1977 and the plaintiff, through its partners executed mortgage deed of the property mentioned in Schedules A.B. and C to the said deed that is the lease hold right over the land measuring 0.56 acres at village Kokar being Plot No. 913P under Khata No. 124 and Plot No. 914P under Khata No. 42 on portion of industrial plot No. 9 as specified in Schedule B and all the plants and machineries purcha...
D.A.V. Public School Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-14-2005
Reported in: [2005(2)JCR256(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. The writ petition was preferred by the petitioner, the DAV Public School, Pakur (hereinafter referred to as the School) against the order dated 14th September, 2001 passed by the second respondent whereby and whereunder the said respondent rejected the application preferred by the petitioner under Section 9 of the Bihar and Orissa (Public Demands) Recovery Act and held that the petitioner is liable to pay rent to the 3rd respondent and the same is recoverable through a certificate proceeding. Further, prayer was made to quash the notice dated 26th December 2001 issued by the 2nd respondent whereby the petitioner was asked to pay a sum of Rs. 3,76,444/- on account of rent payable to the 3rd respondent.2. Earlier when the case was taken up, this Court offered the parties as to whether they wanted to resolve the issue if the rent is fixed at Re. 1/- per sq. ft. per month for 6557 sq. ft. area i.e. whether the petitioner will pay Rs. 6557/- per month as ren...
Baidyanath Thakur Vs. Ranchi University and ors.
Court: Jharkhand
Decided on: Jan-13-2005
Reported in: 2005(1)BLJR242; [2005(1)JCR414(Jhr)]
S.J. Mukhopadhaya, A.C.J.1. The writ petition has been preferred by the petitioner against the order contained in Memo No. VBU/Esstt/R/434/801/03 dated 24th May, 2003, issued by the order of the Vice Chancellor, Vinoba Bhave University, Hazaribagh (hereinafter referred to as the University), whereby and where under, the petitioner has been transferred from Bokaro Steel City College, Bokaro to P.K. Roy Memorial College, Dhanbad, on administrative ground, with immediate effect.2. The main plea taken by the petitioner to assail the impugned order is that the cadre of constituent colleges being separate, the petitioner cannot be transferred from one constituent college to another constituent college.3. The counsel for the petitioner relied on a Single Bench decision of Patna High Court in the case of Shri Manan Singh v. B.N Mandal University, reported in 2000(4) PLJR 127, wherein the Court held that there is no joint cadre of non-teaching (class- III & IV) employees of constituent colleges...
Pankaj Kumar Singh and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-13-2005
Reported in: AIR2005Jhar88; [2005(1)JCR407(Jhr)]
M.Y. Eqbal, J.1. Heard the parties.2. Petitioners have prayed for quashing the letter dated 6.5.2004, issued by the Chief Engineer, Rural Engineering Organisation, Ranchi whereby work order for the construction of road has been allotted to respondent No. 6.3. Pursuant to short Tender Notice No. 01/04, issued by the Executive Engineer, REO, Work Circle Ranchi, petitioners along with others submitted their respective tenders. After completion of the process of the said tender, a comparative statement of the work was prepared. The Executive Engineer recommended the case of the petitioners and respondent No. 6 for allotment of work. The Superintending Engineer also sent recommendation for allotment of work to the petitioners and respondent No. 6 but the Chief Engineer approved the tender only in favour of respondent No. 6. Learned counsel appearing for the petitioners assailed the impugned allotment made by the Chief Engineer in favour of respondent No. 6 only as being illegal, arbitrary a...
Kali Vishwakarma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-13-2005
Reported in: 2005(1)BLJR206; 2005CriLJ4233; [2005(1)JCR420(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. In this Cr. Mis. Petition, the petitioner Kali Vishwakarma has prayed for quashing the order dated 5th December, 2003, passed in Sessions Trial No. 313 of 1996, arising out of Dhanbad P.S. Case No. 369 of 1996, registered under Sections 376/307/448/34 of the Indian Penal Code, whereby the learned Additional Sessions Judge-XIII, Dhanbad, has rejected the application, filed by the petitioner under Section 311 of the Code of Criminal Procedure for recalling the witnesses for further cross-examination.2. The prosecution case, as per the First Information Report, in brief, is that the petitioner having tresspassed the house of the prosecutrix asked her to flee away with him, to which she (the prosecutrix) refused. It is further alleged that the petitioner, on refusal by the prosecutrix, committed rape on her and again asked her to flee away along with him, to which she refused. Thereafter, the petitioner took out a match-box from his pocket and threw a burni...
Ranchi University Grade-iv Staff Association and anr. Vs. State of Jha ...
Court: Jharkhand
Decided on: Jan-13-2005
Reported in: 2005(1)BLJR248; [2005(105)FLR244]; [2005(1)JCR479(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This appeal has been preferred by the appellants-Ranchi University Grade-IV Staff Association (in short 'the Association') and another against the order dated 17th March, 2004, passed in W.P. (S) No. 1508 of 2004, whereby and whereunder the learned Single Judge has upheld the direction, issued by the Secretary, Human Resources Development (Higher Education) Department, Government of Jharkhand, Ranchi vide Letter No. 5/B1-40/2002 Edn. 268 dated, 19th February, 2004 to retire the teaching/non-teaching employees of the Universities /constituent Colleges within the State of Jharkhand, on completion of 42 years of service.2. The questions, required to be determined in the present appeal, are :(i) Whether an employee of the University/constituent College can be allowed to retire prior to the age of superannuation on the ground that he has completed 42 years of service? and(ii) Whether the direction, issued by the Secretary, Human Resources Development (Higher...
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