Jharkhand Court December 2005 Judgments
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Hotel Yamuna Villa, a Partner Ship Firm, Through Its Partner Sri Subod ...
Court: Jharkhand
Decided on: Dec-29-2005
Reported in: [2006(108)FLR988]; [2006(1)JCR268(Jhr)]; (2006)IILLJ965Jhar
R.K. Merathia, J.1. The only question involved in this case is as to whether Rang Mahal Restaurant (hereinafter referred to as Restaurant) was a department or branch of the petitioner-Hotel Yamuna Villa, (hereinafter referred to as Hotel).2. Petitioner filed a writ petition earlier being CWJC No. 1420 of 1994 (R) challenging the order dated 16.3.1994, passed by respondent No. 2 holding that the establishment of the petitioner Hotel Yamuna Villa was governed by the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act), as the Rang Mahal Restaurant was a department/branch of the Hotel. By order dated 23.11.1994 passed in the writ petition, the matter was remanded for a fresh consideration.3. By the impugned order dated 19.6.1995 (Annexure 12) again it was held that the hotel and the restaurant were part of one establishment and taking into consideration the total number of employees engaged by the Hotel and the Restaurant the Hotel was gove...
Awadesh Kumar Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-23-2005
Reported in: [2006(1)JCR309(Jhr)]
M.Y. Eqbal, J.1. The petitioner has prayed for quashing to order dated 3.5.2003 passed by respondent No. 4, the Superintendent of Police, J.A.P.-7-Hazaribagh whereby the petitioner has been dismissed from service with effect from 1.5.2003.2. The petitioner, who is a constable was charge-sheeted and a departmental proceeding was initiated against him for his unauthorized absence from duty. It is contended by the petitioner that he was absent for 102 days as against his earned leave of 122 days which was at his credit and so, at best, he should have been granted medical leave in case of absence instead of passing an order of dismissal from service.3. In the counter affidavit filed by the respondents, it is stated that the petitioner is a habitual absconder from duty and he has been awarded three major punishments earlier also for unauthorizedly absconding from duty for periods as long as 186 days and the petitioner against absconded from duty on 18.4.2002 and returned after a lapse of 10...
Ganesh Mahto Vs. Central Coalfields Ltd. Through Acting Chairman-cum-m ...
Court: Jharkhand
Decided on: Dec-23-2005
Reported in: [2006(2)JCR88(Jhr)]
ORDERR.K. Merathia, J.1. The petitioner has filed this contempt petition for non-compliance of the order dated 13.2.2004 passed in W.P. (S) No. 824 of 2004 on the ground that the respondents have not re-considered the application of the petitioner and did not take any decision, in accordance with law. It is also submitted that a show cause has been filed by the Senior Law Officer and not by the opposite parties.2. Mr. Mehta, learned counsel appearing on behalf of the opposite parties submitted that without going into the merit of the claim of the petitioner with regard to compassionate appointment, the writ petition was allowed and the impugned order, rejecting his claim on the basis of limitation was quashed.3. He further submitted that the widow of the deceased-employee Mala Ram Mahto is alive and as per the scheme, as she is beyond 45 years of age, the Management decided to offer her the monetary compensation, which is overhand above the cleath-cum-retiral benefits, payable to the d...
Ashok Kumar Dangi and ors., Vs. State of Jharkhand and ors. Overruled
Court: Jharkhand
Decided on: Dec-23-2005
Reported in: [2006(2)JCR139(Jhr)]
Narendra Nath Tiwari, J.1. A hazy situation regarding the vacancies for the Physical Education Trained Teachers has given rise to these cases. All the appellants/ writ petitioners are having the qualifications of physical education trained and they have claimed for their appointment to the post of teachers in the primary schools. Their instant grievance is that although they possess the qualification and eligibility for appointment of Assistant Teachers for appointment in the primary schools of the State of Jharkhand yet their appointments are being illegally curtailed. According to the advertisement published in the local newspaper dated 22.4.2003, the required minimum qualification for appointment of teachers in the primary-schools of the State of Jharkhand is matric pass or equivalent examination having two years teachers' training Le. B.Ed./Dip. in Ed./Dip. in Teach/C.P.Ed./Dip. P. Ed., which they possess but their chances of appointments have been considerably minimized by substit...
Prayag Singh and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Dec-23-2005
Reported in: [2006(1)JCR323(Jhr)]
R.K. Merathia, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 9.2.1996 and 12.9.1996 respectively, passed by Shri Bhagat Singh, learned Sessions Judge, Palamau at Daltonganj in Sessions Trial No. 5 of 1993, convicting the appellants under Section 325/34 IPC and sentencing them to undergo R.I. imprisonment for four years.2. The prosecution case, in short, is as follows : On 4.7.1990 at 4 p.m., a written report was lodged by one Mr. S.K. Dalmia, (PW 1-the Managing Director, Bihar Caustic & Chemicals Ltd., P.O., Rehla, Garhwa Road, Palamau), alleging that on receiving telephonic message from Shri S.K. Jhajharia, (P.W.2-the Chief Electrical Engineer of the factory), to the effect that the workers of the Plant have resorted to tool-down strike, he reached at H.C. 1. plant at 6.15 A.M. P.W. 2 was there, Prayag Singh (appellant No. 1, a worker of this plant), was standing outside. PW 1, enquired from him as to why he was not working, to which he re...
Akhtar Ansari Vs. State of Jharkhand
Court: Jharkhand
Decided on: Dec-23-2005
Reported in: [2006(1)JCR322(Jhr)]
ORDERN. Dhinakar, C.J.1. The petitioner was tried along with three others. He was charged for the offence under Sections 25(1B)(a)/35 and 26/35 of the Arms Act.2. The allegation against him is that he was found in possession of a pistol, when the search party searched the house of Samim Ansari at about 5.30 p.m. on 5.5.1998. The said pistol was recovered, sent to the expert for examination and after receiving the opinion of the expert, the petitioner was charged. The trial Court found the petitioner guilty, sentenced him to undergo rigorous imprisonment for two years each under Section 25(1-B)(a) and 26 read with Section 35 of the Arms Act. He was also directed to pay of fine of Rs. 500/-and in default, to undergo rigorous imprisonment for one month. The appellate Court confirmed the conviction and sentence. The present revision is against the said conviction and sentence.3. The learned Counsel, appearing for the petitioner, submits that he is arguing on the quantum of sentence and not...
Tribhuwan Prasad Sinha Vs. State of Jharkhand
Court: Jharkhand
Decided on: Dec-23-2005
Reported in: [2006(109)FLR519]; [2006(1)JCR404(Jhr)]
S.J. Mukhopadhaya, J.1. This appeal has been preferred by the appellant against the order dated 27th June, 2003, passed by the learned Single Judge in WP (S) No. 2980 of 2003, whereby and whereunder, the learned Single Judge dismissed the appeal, affirming the order, contained in Memo No. 238 dated 22nd March, 2003, passed by the respondent Director, Employment and Training, Doranda, Ranchi. By the said order, prayer of the appellant to fix his pension at the rate of Rs. 4707/- per month with effect from 1st February, 1998 was rejected.2. Before noticing the relevant facts, it may be mentioned that the appellant, having not satisfied with the fixation of pension, had earlier moved before this Court, whereupon the learned Single Judge remitted his case for determination. Thereafter, the 3rd respondent Director, Employment & Training, rejected his claim by the impugned order, contained in Memo No. 238 dated 22nd March, 2003.3. The main question, which fell for consideration before the au...
Sunder Pandit Vs. Jharkhand State Electricity Board Through Its Chairm ...
Court: Jharkhand
Decided on: Dec-23-2005
Reported in: [2006(109)FLR216]; [2006(1)JCR354(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The appellant was in the services of the Bihar State Electricity Board, Patna, now Jharkhand State Electricity Board, Ranchi (hereinafter to be referred as 'JSEB'). His age was assessed by the Medical Board between 55-57 years (56 years) as on 3rd November, 1999 vide report dated 3rd November, 1999. It was informed to the appellant by letter dated 1st April, 2000. On the basis of the said assessment of age, the appellant was ordered to superannuate. The letter dated 1st April, 2000, communicating the said assessment of the appellant's age, was challenged by the appellant in the writ application. But the learned Single Judge refused to interfere with the same, on the ground that the appellant appeared before the Medical Board without any objection and did not challenged the order of assessment of his age for about three years.2. Learned Counsel for the appellant submitted that the order, assessing the age of the appellant was communicated to him vide letter ...
Soma Puf Metal Private Ltd. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-23-2005
Reported in: [2006(1)JCR356(Jhr)]
ORDER1. Heard Mr. Biren Poddar, learned Counsel for the petitioner and Mr. K.K. Jhunjhunwala, learned standing counsel No. III.2. In this writ petition the petitioner seeks direction upon the Joint Commissioner of Commercial Taxes (Admn.), Jamshedpur Division, Jamdhsedpur (respondent No. 3) to issue the Eligibility Certificate for deferment of the sales-tax on sale of finished goods under Notification No. 480 dated 22.12.1995 for a period of eight years from the date of commercial production of the petitioner's unit and further for a direction restraining the respondents from collecting the sales-tax from the petitioner. By filing amendment petition, petitioner further sought relief for quashing the order dated 2.11.2004 passed by the respondent authority rejecting the application of the petitioner for deferment of sales tax.3. The facts of the case lie in a narrow compass :Petitioner is a private limited company and it came into existence during the year 1999 and alleged to have been ...
Nago Bagouth and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Dec-23-2005
Reported in: [2006(3)JCR134(Jhr)]
ORDERN. Dhinakar, C.J.1. The petitioners were tried before the Judicial Magistrate, 1st Class, Godda, under Sections 147/148/323/326/149 and 447 of the Indian Penal Code, in GR No. 960 of 1996. The trial Court found them guilty and convicted all the petitioners as charged and sentenced each of them to suffer rigorous imprisonment for a period of 1 year under Section 148, one year under Section 148, 1 year under Section 323, three years under Sections 324 and 326/149, IPC and three months rigorous imprisonment under Section 448 of the Indian Penal Code.2. The appellate Court on appeal set aside the sentence of imprisonment imposed upon the petitioner Nos. 3 to 8 by directing the said petitioners to execute bonds for a sum of rupees five thousand each with one surety for a period of two years in terms of the Section 4 of the Probation of Offenders Act.3. As regards above named petitioner No. 1, (Nago) the appellate Court acquitted him of the offence under Section 323, but found him guilt...
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