Jharkhand Court February 2005 Judgments
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Sikshasamity, a Bengali Linguistic Minority Organization and ors. Vs. ...
Court: Jharkhand
Decided on: Feb-03-2005
Reported in: [2005(2)JCR12(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this application the petitioners have prayed for quashing the order dated 26.3.2004 passed by the Munsif, Jamshedpur in Title Suit No. 9/2000 whereby the petitioners have been debarred from filing the written statement.2. From perusal of the order it appears that the petitioners had appeared in the suit on 21.2.2000 and since thereafter dates were given for filing the written statement but for years written statement was not filed. By order dated 26.3.2004 the Court below ultimately passed the order debarring the defendants from filing the written statement. The petitioners thereafter filed an application for recalling the said order dated 26.3.2004. The Court below again considered the petition and found that more than sufficient opportunity was given to the defendants but they did not file the written statement and intentionally delayed the proceeding of the suit. The Court thus refused to recall the order dated 26.3.2004.3. Mr. Indrajit Sinha, lear...
Basudeo Prasad Agarwalla and Ajay Kumar Agarwalla and ors. Vs. State o ...
Court: Jharkhand
Decided on: Feb-03-2005
Reported in: 2005(1)BLJR691; [2005(2)JCR113(Jhr)]
Hari Shankar Prasad, J.1. Both the appeals are directed against the judgment dated 26.8.1995 and award dated 14.9.1995 passed in Land Acquisition Case Nos. 151 and 152 of 1992 and since common question of law and facts are involved in both the appeals, hence they are being disposed of by this common order.2. In pursuance of notification under Section 4 of the Land Acquisition Act, which was published in the District Gazette, 34 decimals of lands appertaining to khata No. 1271 comprised in survey khata No. 122 and 2 decimals of land appertaining to plot No. 1335 comprised in khata No. 78 of village Kala Kusma within Jharia P.S., District Dhanbad were acquired by the State Government and award was prepared under Section 11 of the Land Acquisition Act, being Award No. 13 for a sum of Rs. 934.36 paise in the name of applicants of L.A. Ref. Case No. 151/92 and award No. 1 for Rs. 41.20 paise in the name of applicant of L.A. Ref. Case No. 152/92. The applicant of both the reference cases pro...
K.K. Sharan and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Feb-03-2005
Reported in: [2005(3)JCR481(Jhr)]
ORDERH.S. Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal case against the petitioners being Bermo P.S. Case No. 134/96, dated 16.10.1996 under Sections 447/304-A/337/338/286/288, IPC and also the subsequent charge-sheet No. 122/98, dated 11.12.1998 under Sections 447/304-A/337/286, IPC including the cognizance order dated 2.1.1999.2. The case of the prosecution in brief in that on the fardbeyan of the opposite party No. 2, a case being Bermo P.S. Case No. 134/96 was registered under the aforesaid sections and it is further stated that on 16.10.1996 at 8.50 a.m. the informant received an information on telephone that in prohibited area of CCL open cast, while digging mitti (earth), some rocks fell on mitti and some persons have died and some persons are injured. On receiving this piece of information, after making entry in daily diary No. 396/96 the informant proceeded for verification along with SI, T.P....
Ram Kumar Singh Choudhary and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-02-2005
Reported in: 2005(2)BLJR1054; [2005(2)JCR105(Jhr)]
Narendra Nath Tiwari, J. 1. In all these writ applications a common prayer has been made for quashing the Notification bearing No. 1142 (B) dated 31.7.2004 issued by the Member, Board of Revenue (respondent No. 2) whereby the annual license fee for bars and restaurants to different categories and locations within the State has been enhanced and on that basis additional subsequent demands have been made from the petitioners, who hold license(s) for the financial year 2004-05, for their respective bar(s), restaurant(s), shop(s) and have already deposited their prescribed annual license fee in advance in one lump sum on 31.3.2004. In W.P. (C) No. 4521/2004 the license fee of the petitioners has been enhanced from Rs. 60,000/- to Rs. 4,00,000/- and they have been asked to deposit the balance enhanced amount at one go in advance within one week by the Assistant Commissioner, Excise, Dhanbad. In W.P.(C) No. 4717/2004 the petitioner's license fee has been enhanced from Rs. 60,000/- to Rs. 2,0...
Purushottam Singh Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Feb-02-2005
Reported in: [2005(2)JCR100a(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ petition, the petitioner has prayed for quashing the order dated 9.8.2001 passed by the Central Administrative Tribunal, Patna in O.A. No. 533 of 2000 and for declaration that the order passed by the Postal Directorate, communicated by the Senior Superintendent of Post. Offices, Singhbhum Division, Jamshedpur (respondent No. 5) is non-speaking, passed without any application of mind. Petitioner has further prayed for a direction to the respondents to shift the date of his regular appointment from 14.5.1987 to 7.4.1984 with due fixation of seniority and fixation of pay.2. The case of the petitioner is that, by a notification issued by the respondent No. 3 dated 11.3.1983, a number of vacancies for the post of Postal Assistants and Sorting Assistants were advertised and was published in a local daily 'UDITVANI' in its edition dated 11.3.1983. In response thereto the petitioner filed his application for consideration of his appointment. After t...
Uma Pada Choudhry and anr. Vs. Panchanand Choudhary and ors.
Court: Jharkhand
Decided on: Feb-02-2005
Reported in: [2005(3)JCR67(Jhr)]
Narendra Nath Tiwari, J.1. While admitting this appeal, this Court had framed the following substantial questions of law :'(i) Whether in the facts and circumstance of the case the State of Bihar was a necessary party in view of the facts that the State did not itself claim any right, title and interest in the suit property?(ii) Whether, in any event, the plaintiffs relief relating to the declaration of title and confirmation of possession would have been considered even in absence of order of the Circle Officer?'2. Notice was issued to the respondents, but in spite of service of notice, nobody appeared and therefore this appeal has been taken up for hearing in absence of the respondents.3. The Courts below concurrently held that the plaintiffs-appellants' suit is bad for non-joinder of necessary party and no relief can be granted in absence of the said party.4. The appellants were the plaintiffs. They filed Title Suit No. 55/80 in the trial Court praying relief for declaration of titl...
Shambhu Singh and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Feb-02-2005
Reported in: [2005(3)JCR470(Jhr)]
ORDERHari Shankar Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 28-2-2004 passed by Judicial Magistrate, Hazaribagh in Complaint Case No. 646/2003, Corresponding to T.R. No. 1009/2004.2. Facts leading to the filing of this application are that on the date of occurrence i.e. on 29-6-2003 at about 9 AM opposite party No. 2 complainant was in his house along with his wife and children and at that moment the wife of the complainant was getting ready to go to the market and at that time all the accused persons, who are petitioners here, variously armed, entered into the house of the complainant and started assaulting the wife of the complainant and snatched away a golden chain worth of Rs. 8.000/- and cash of Rs. 500/-from the wife of the complainant. On this piece of allegation a complaint case was filed on 14-7-2003. Complainant was examined on SA on 16-8-2003 and enquiry was held under Section 202, Cr. PC. an...
Dropadi Devi Vs. Jharkhand State Electricity Board Through Its Secreta ...
Court: Jharkhand
Decided on: Feb-02-2005
Reported in: [2005(4)JCR264(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties.2. Petitioner has prayed for a direction upon the respondents to make payment of the entire retiral benefits of her deceased husband, namely, Yugal Thakur, with interest.3. Learned counsel appearing for the Jharkhand State Electricity Board and Bihar State Electricity Board submitted that the entire retiral dues have been paid.4. Learned counsel for the petitioner submitted that petitioner retired in 1999 and payment of GPF amount was sanctioned in 2001 but actual payment was made on 22.1.2004. He further submitted that it is not clear whether statutory interest accrued on GPF amount till the date of payment has been paid or not.5. Learned counsel for the JSEB submitted that after creation of Jharkhand, there has been some delay in payment of retiral dues to the petitioner and therefore, Board may not be directed to pay interest on retiral dues. However, petitioner is entitled to statutory interest on GPF amount till the date of payment.6. In ...
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