Jharkhand Court October 2005 Judgments
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Smt. Sheela Kanaujia and ors. Vs. Manohar Kumar Agarwalla and anr.
Court: Jharkhand
Decided on: Oct-19-2005
Reported in: I(2006)ACC576; 2006ACJ1554; 2006(1)BLJR82; [2006(1)JCR84(Jhr)]
ORDER1. Heard the learned Counsel for the parties in the limitation matter.2. Having regard to the causes shown in the limitation petition, the delay in filing the appeal is hereby condoned.3. I.A. No. 2116/2003 is thus disposed of.M.A. No. 283 of 20034. We have also heard the parties in the main petition also.5. This instant appeal is directed against the judgment and award dated 24.02.2003 passed by the Second Additional District Judge-cum-Motor Vehicle Accident Claim Tribunal, Dhanbad in Title (M.V.) Suit No. 3/1999, whereby a sum of Rs. 6,96,915/- has been awarded by way of compensation together with interest to the claimants on account of death of the deceased.6. Subsequent to the award, the Tribunal entertained an application under Sections 151 and 152 of the CPC and modified the award by reducing the amount from Rs. 6,96,915/- to Rs. 4,68,312/-.7. The deceased was an Engineer posted as District Engineer, Zila Parishad, Dumka. He was aged about 58-1/2 years on the fateful day whe...
Kedar Singh Vs. the Central Coalfields Ltd. and ors.
Court: Jharkhand
Decided on: Oct-19-2005
Reported in: [2006(108)FLR784]; [2006(1)JCR95(Jhr)]
ORDERM.Y. Eqbal, J.1. The petitioner is challenging the order as contained in the Office Memo dated 29.3.2005 issued by the authority of the respondent-Central Coalfields Limited, whereby petitioner was informed that he shall be superannuated on 31.10.2005 on the basis of his date of birth entered in the service record i.e. 7.10.1945.2. The petitioner was initially appointed as Constable in Bengal Engineering Group, a unit of Indian Army. His date of birth alleged to have been recorded as 7.10.1947. On completion of 15 years, the petitioner was retired. It is alleged that in the discharge report/certificate, his date of birth was wrongly recorded as 7.10.1945 instead of 7.10.1947. In the year 1982, the petitioner was again appointed as Security Guard against the quota of Ex-Army-men in the respondent C.C.L. wherein his date of birth was recorded as 7.10.1945. The petitioner applied for necessary correction, but no communication was made to him about the correction made in the service b...
Anju Devi (Smt.) Vs. Bharat Coking Coal Limited and ors.
Court: Jharkhand
Decided on: Oct-18-2005
Reported in: [2005(4)JCR316(Jhr)]
ORDERM.Y. Eqbal, J.1. This is another instance of highhandedness on the part of the authorities of the respondents who are rejecting the genuine and bona fide claim of the widow of the workman, who died in harness while doing work in the underground mines. The object of compassionate appointment is to give immediate relief to the widow/dependent of the poor employee in class IV post. How the authorities of the respondents while giving such appointment asked the widow to fulfill the conditions relating to her height? In similar circumstances this Court passed the following orders in W.P.S. No. 2403 of 2005 :'Heard the parties.Petitioner is aggrieved by the order dated 18/19.3.2005 whereby her claim for compassionate appointment has been rejected.Petitioner's husband while in service of respondent died in harness on 14.8.2003. Petitioner applied for compassionate appointment immediately after the death of her husband on 19.12.2003. After six months petitioner was asked to appear before t...
Asiatic Oxygen Limited and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-18-2005
Reported in: [2006(1)JCR55(Jhr)]
ORDER1. This writ application was preferred by the petitioners for directions on the respondents to enter into necessary agreement under Section 65 of the Bihar Re-organization Act, 2000, with regard to the division of the assets and liabilities of the Bihar State Industrial Development Corporation so that the shares of the Bihar Air Products Limited presently held by the Bihar State Industrial Development Corporation were transferred to the State of Jharkhand. Further prayer was made to direct the State of Bihar as well as the Bihar State Industrial Development Corporation to forthwith revoke, cancel and withdraw the nomination of the persons appointed by them as Director of the Bihar Air Products Limited. Some other prayers connected with the first prayer were also made.2. When the matter was earlier taken up on 6th January, 2005 the parties were directed to reply as to why the Central Government be not directed firstly to decide the issues as division of assets and liabilities under...
Anjani Kumar Srivastava Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-18-2005
Reported in: [2006(1)JCR47(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the parties.2. Petitioner seeks direction upon the respondents particularly State of Jharkhand for release of arrears of salary on the basis of the order dated 24.6.2003 passed in W.P. (S) No. 6693 of 2002 and also the order dated 16.10.2004 passed by the Chancellor of the University.3. Petitioner was working as Inspector of the College and was posted in Sidhu Kanhu Murmu University, Dumka. In 1992 he was promoted as University Professor in the subject of Botany which was confirmed in 1999. Till date, pay scale was not given to the petitioner. The matter came to this Court in W.P. (S) No. 6693 of 2002 and this Court while disposing of the writ petition directed the petitioner to file representation before the Chancellor, who shall take a decision in accordance with law. The Chancellor of the University while disposing of the same on 16.10.2004 considered the representation of the petitioner and held that pay scale of the petitioner should be protected and he...
Genuine Bottlers Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-07-2005
Reported in: [2006(1)JCR9(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ petition petitioner seeks direction upon the respondents to immediately and forthwith issue the letter of confirmation to the Excise Commissioner, Uttar Pradesh and further not to extend terms of the previous contract, which was expired on 31st March, 2005.2. It appears that pursuant to the tender notice dated 21.7.2005 issued by the Excise Department for grant of exclusive privilege for sale of whole-sale supply of country liquor various tenderers participated and finally the tender of the petitioner was accepted. The said decision of the respondents was challenged by the unsuccessful bidders including Lakshmi Narayan Ram Swaroop and Co. by filing W.P. (C) No. 2893/05 and other cases. In that case in course of argument it was brought to the notice of this Court that the unsuccessful tenderers whose earlier tender already expired are unnecessarily filing cases and getting stay orders so that even after the expiry of their tender they should continue s...
Kailash Ram Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-07-2005
Reported in: [2006(108)FLR478]; [2005(4)JCR199(Jhr)]
S.J. Mukhopadhaya, A.C.J.1. As both the writ petitions have been preferred by common petitioner; one for payment of salary as also other dues and the other against an order of recovery; they have been heard together and are being disposed of by this common judgment.2. WP (S) No. 2658 of 2001 has been preferred by the petitioner for a direction on the respondents to fix his salary in the then pay scale of Rs. 2200-4000/- with effect from 17th May, 1989 i.e., the date on which he was promoted to the post of Assistant Conservator of Forests, and to pay him the difference of salary till 31st July, 1994 i.e., the date on which he superannuated from the services of the State. Further prayer has been made to pay him the arrears of salary against the post of Range Officer of Forests with effect from 1st January, 1996 up to 17th May, 1989, after proper fixation in the pay scale of Range Officer of Forests.3. During pendency of the writ petition, the respondent-State of Bihar issued Resolution N...
Ursuline Women's Teachers Training College and Ors. Vs. State of Jhark ...
Court: Jharkhand
Decided on: Oct-06-2005
Reported in: 2005(3)BLJR2353; [2005(4)JCR194(Jhr)]
M.Y. Eqbal, J.1. The petitioners are all Teacher Training Institutions established and administered by the Christian Minority Community. All the petitioners Institutions were recognized by the State Government for Teachers Training prior to coming into force of National Council of Teacher Education Act. All the petitioners-Institutions are recognized by the National Council of Teacher Education. In 2004 the Commissioner-cum- Secretary, Primary, Secondary and Higher Education, Jharkhand, Ranchi issued the impugned letter No. 1382, dated 20.5.2004 laying down criteria for admission of students to all training institutions.2. Petitioners' case is that criteria fixed in the said letter is different from the minimum qualifications and selection criteria laid down under National Council for Teacher Education Act and the rules made thereunder. Similarly by Memo No. 5800, dated 10.10.2002 the Secretary to Government, Employment Administrative Reforms and Official Language Department issued the...
Smt. Deepa Devi Vs. Dhiraj Kumar Singh
Court: Jharkhand
Decided on: Oct-06-2005
Reported in: AIR2006Jhar29; I(2006)DMC55; [2005(4)JCR191(Jhr)]
M.Y. Eqbal, J.1. In this application under Section 151(1) of the Code of Civil Procedure the petitioner has challenged the order dated 14.2.2005 passed by the District Judge, Seraikella in Misc. Case No. 2 of 2005 whereby he has dismissed the Misc. case filed by the petitioner for setting aside the decree passed in Matrimonial Suit No. 5 of 2001.2. The opposite party, who is husband of the petitioner, filed an application under Section 13-B of the Hindu Marriage Act for dissolution of the marriage by a decree of divorce by mutual consent. The said application was registered as Matrimonial Case No. 5 of 2001. It appears that the relationship of the petitioner and the opposite party, who were married in 1999, became worst and they started living separately: Out of the said wedlock, a son was born in 2000. After hearing the parties, the learned District Judge passed an order on 6.9.2001 for dissolution of the marriage and the decree was prepared. The petitioner, who is the wife, however f...
Rabindra Nath Basu Vs. State Bank of India, MaIn Branch and anr.
Court: Jharkhand
Decided on: Oct-06-2005
Reported in: II(2006)BC470; [2005(4)JCR484(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ petition the petitioner has prayed for quashing the order dated. 19.8.2004 passed by the Debt Recovery Tribunal, Ranchi in Recovery Proceeding No. 135 of 2002 by which immovable property of the petitioner has been sought to be attached for realization of the dues of the respondent-State Bank of India and further for quashing the judgment dated 15.1.2002 passed by the Debt Recovery Tribunal in P.T. Case No. 22/99.2. The respondent-Bank filed Title Suit No. 38 of 1988 in the Court of Subordinate Judge, Palamau at Daltonganj for recovery of about Rs. Twelve lacs which was taken by the petitioner by way of term loan and cash credit facility. The said suit was eventually transferred to the Debt Recovery Tribunal pursuant to enforcement of Recovery of Debt Due To Banks and Financial Institutions Act, 1993. The Debt Recovery Tribunal passed ex-parte judgment and the same was put in execution. In execution of the decree, the impugned order of attachment has b...
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