Jharkhand Court February 2005 Judgments
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Samir Kumar Sinha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-22-2005
Reported in: 2005(2)BLJR876; [2005(3)JCR489(Jhr)]
ORDERHari Shankar Prasad, J.1. This writ application under Article 227 of the Constitution of India has been filed for issuing a direction upon the respondent No. 3 under Section 319 of Cr PC to face the trial along with all other accused persons and also to summon the Secretary of Belabagan Puja Samiti, respondent No. 4 under Section 311, Cr PC which is necessary for the ends of justice.2. Facts leading to the filing of this writ application are that the petitioner gave a fardbeyan before the police, on the basis of which Deoghar PS Case No. 239/97 under Sections 302/34, IPC was registered and the IO, after investigation, submitted charge-sheet against the accused persons. After registration of the case, police took up investigation by submitting charge-sheet against the persons, on the basis of which cognizance was taken and later on order of commitment was passed and the case was transferred to the Court of Sessions from where the case was registered and then case was transferred to...
Mohan Singh (Deceased), Through Lrs. Vs. State of Bihar, Through S.L.A ...
Court: Jharkhand
Decided on: Feb-22-2005
Reported in: [2005(2)JCR584(Jhr)]
Hari Shankar Prasad, J.1. This appeal at the instance of the appellants is directed against the judgment dated 14.11.1995 and award dated 25.11.1995 passed in LA Ref. Case No. 18 of 1992 whereby and where under the learned Land Acquisition Judge dismissed the reference.2. Pursuant to the notification under Section 4 of the Land Acquisition Act, the Land Acquisition Officer, Subarnarekha Project, Chandil referred the Award Nos. 473 and 474 to the Land Acquisition Judge-cum- Subordinate Judge-I, Seraikella and Award Nos. 473 and 474 had been prepared in the name of Mohan Singh. The Award No. 473 is in respect of the house bearing plot No. 369, Khata No. 50 compensation amount has been fixed at Rs. 24,653.19 paise and Award No. 474 is in respect of house bearing plot No. 369, Khata No. 50 of village Anda. The compensation amount has been fixed at Rs. 14,512.40 paise, whereas the plaintiff has claimed Rs. 1,25,000/- and Rs. 75,000/-respectively for both the awards.3. The case of the plaint...
Malti Devi Vs. Shanti Devi and ors.
Court: Jharkhand
Decided on: Feb-22-2005
Reported in: AIR2005Jhar103
ORDERNarendra Nath Tiwari, J.1. This civil revision application is against the order dated 12-2-2004 passed by the Additional Judicial Commissioner, Ranchi in Misc. Case No. 2 of 2002 whereby the Court below has allowed the said miscellaneous case and restored the Title Appeal No. 30 of 1993 to its original file. Notice was issued to the opposite parties. Mr. R. R. Tiwari appeared on behalf of the opposite parties.2. Heard both the parties.3. From perusal of the order dated 12-2-2004, it is evident that the appellant was not present on the day, the impugned Order was passed. Only the respondents were present. They had objected to the petition filed by the appellant in the said Misc. Case No. 2 of 2002. In spite of the same the learned Court below took up the matter and even without hearing the parties, passed the impugned order allowing the miscellaneous case filed by the appellants in the Lower Appellate Court.4. Although the Court has discretion to allow the application for restorati...
Ruplal Mahto Vs. Smt. Pyasi Devi and anr.
Court: Jharkhand
Decided on: Feb-18-2005
Reported in: 2005(2)BLJR963; II(2005)DMC138; [2005(2)JCR254(Jhr)]
Hari Shankar Prasad, J.1. This appeal, at the instance of the appellant, is directed against the judgment and decree dated 16.6.1993 passed in Title (Matrimonial) Suit No. 51/90, whereby and whereunder the learned 4th Additional District Judge, Dhanbad dismissed the suit.2. The plaintiff-husband brought a suit stating, inter alia, that the marriage was solemnized between plaintiff and defendant Smt. Pyasi Devi according to Hindu rites and customs in 1980 and after marriage parties lived together as husband and wife at village Ratu Tand within Dhanbad district and after 1988 the defendant-wife was living in adultery with defendant No. 2 Sahdeo Mahto. The dependent No. 2 is her brother-in-law and he used to come to the house of the plaintiff in his absence. The plaintiff was general Mazdoor under Bharat Cocking Coal Limited and his old mother was living in the house. When the plaintiff saw his wife in adultery with defendant No. 2, then he told to divorce her, but his wife threatened him...
Pawan Biscuits Corporation Pvt. Ltd. Vs. Jharkhand State Electricity B ...
Court: Jharkhand
Decided on: Feb-18-2005
Reported in: [2005(2)JCR122(Jhr)]
ORDERM.Y. Eqbal, J. 1. In this writ petition the petitioner has prayed for issuance of appropriate writ directing the respondents to immediately and forthwith restore the electrical connection of the petitioner which has been illegally disconnected on 10.1.2005 and further for quashing the bills for the month of November, 2004 so far as it relates to the arrears which is alleged to be Rs. 97,19,088/-.2. The petitioner is a High Tension Consumer having contract demand of 190 KVA. Petitioner's case is that for the years 1985-86 to 1991-92 it made payment of all the bills though claims were filed under Clause 13 of the HT Agreement. From the years 1992-93 to 2003-04 the petitioner challenged the A.M.G. bills before this Court in several writ petitions which were disposed of directing the General Manager -cum-Chief Engineer to decide the claims under Clause 13 of the HT Agreement. It is stated that payments, in terms of the orders time to time passed by this Court, have been made but the B...
Ashok Madhav Karkhedkar Vs. State of Jharkhand
Court: Jharkhand
Decided on: Feb-18-2005
Reported in: 2005(1)BLJR693
S.J. Mukhopadhaya, A.C.J.1. This application has been preferred by the petitioner for a direction on the respondents to count the services of his father late M.P. Karkhedkar from 13th November, 1963 and thereby to provide all the consequential benefits to the petitioner.2. According to the petitioner, his father late M.P. Karkhedkar was initially appointed on 13th November, 1963 in Mahatma Gandhi Memorial Medical College, Jamshedpur, which was a private institute at that relevant point of time. Subsequently, the said institute along with the services of the petitioner's father was taken over by the State in the year, 1978 and thereafter, father of the petitioner superannuated from service on 30th September, 1985. After retirement, petitioner's father was provided with the retiral benefits but without counting the period of service, rendered by him in the private Medical College.3. Faced with such situation, late M.P. Karkhedkar moved before Ranchi Bench of Patna High Court vide C.W.J.C...
Nalini Kanta Gope Vs. State of Bihar
Court: Jharkhand
Decided on: Feb-17-2005
Reported in: [2005(2)JCR265(Jhr)]
Hari Shankar Prasad, J.1. Both the appeals are being disposed of by this common judgment as common questions of law and facts are involved in that matter.2. Both the appeals are directed against the judgment dated 13.1.1994 and award dated 5.2.1994 passed in Land Acquisition Case No. 74 (72) of 1989.3. First Appeal No. 11/94(R) has been filed for payment of compensation with respect to well as the compensation paid for well is very low and the learned Court below committed error in not relying the report of the Commissioner, who assessed the value of the well at Rs. 33,179.38 paise. It is said that the learned Court below should have considered the evidence led by the appellant in the original case, which will show that the appellant proved the cost of the well at Rs. 50,000/-.3. On the other hand, the learned Court below itself stated that the construction value of the well is Rs. 33,179.38 paise and the Land Acquisition Officer valued the same at Rs. 8151/- abruptly without any basis...
Lalmani Devi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-17-2005
Reported in: 2005(1)BLJR572; [2005(3)JCR473(Jhr)]
ORDERHari Shankar Prasad, J.1. Both the cases (Cr. Rev. No. 341/2003 and Cr. M.P. No. 1072/2003) are being disposed of by this common order because in both the cases, common question's of law and facts are involved.2. The Cr MP No. 1072 of 2003 has been filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 11.7.2003 passed by the learned Additional District Judge, Fast Track Court No. 1, Hazaribagh in Sessions Trial No. 150 of 2002 whereby and whereunder the learned Court below closed the evidence of the prosecution ignoring the facts that Cr, Revision No. 341 of 2003 is pending before the High Court, whereas Cr. Revision No. 341 of 2003 has been filed under Section 397 and 401 of the Code of Criminal Procedure for quashing the order dated 25.7.2002 passed in S.T. No. 150 of 2002 whereby and where under the learned 5th Additional Sessions Judge, Hazaribagh rejected the petition dated 19.7.2002 filed by the lawyer of the petitioner under Section 319 of t...
Md. Darul Islam Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Feb-17-2005
Reported in: [2005(2)JCR358(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. According to the petitioner, he was in the service of the Jharkhand State Electricity Board (hereinafter referred to as the 'Board' in short) and retired on 31th January, 2004 from the post of Typist at Electricity Supply Sub-division, Gooda. His grievance is that the respondents have not yet paid his retiral benefits.2. Counsel for the Board submitted that the petitioner is still occupying the Board's quarter and he has not vacated the same.3. Learned counsel for the petitioner submitted that he has been instructed that the petitioner is ready to vacate the quarter.4. Having heard the learned counsel for the parties and as the matter requires determination firstly by the respondents, the case is remitted with following directions :(i) The petitioner is directed to vacate the quarter by 31th March, 2005.(ii) He may file a separate representation before the General Manager-cum-Chief Engineer, Electric Supply Area, Dumka.(iii) The General Manager-cum-Chie...
Lakshmi Narayan Prajapati Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-17-2005
Reported in: [2005(2)JCR243(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This writ petition has been preferred by the petitioner against the order issued under Memo No. 56 (i), dated 31st May, 2003, whereby and whereunder, while the respondents fixed the leave salary of the petitioner of 240 days, also ordered to deduct a sum of Rs. 1,09,903/- which has been paid in excess.2. According to the petitioner, he was in the junior selection grade scale of Supply Inspector in the un-revised scale of Rs. 1800-3300/- which is also the scale of the post of Marketing Officer and was rightly provided with the replaced scale of Rs. 6500-10,500/-, w.e.f. 1st January 1996 and retired on 28th February, 2003. He having received the salary in the revised scale of Rs. 6500-10,500/-, the respondents should have fixed the retiral benefits on such basis and cannot recover any amount. The impugned order issued under Memo No. 56(i), dated 31st May, 2003 has been issued without any notice and hearing to the petitioner.3. The stand taken by the respo...
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