Jharkhand Court March 2005 Judgments
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Raja Ram Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-15-2005
Reported in: [2005(2)JCR591(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ application the petitioner has prayed for a direction to the respondents to make necessary entries in the Service Book of the petitioner in order to enable him to get the benefit of increment in his salary.2. The petitioner's further prayer is for a direction for granting him annual increments in salary since 11.4.19985, when the petitioner was appointed in Regular Establishment from Work Charge Establishment and to make payment of the arrears of difference of pay calculated after additions of all the increments payable to the petitioner.3. When this case was taken up on 22.7.2003 the State Counsel had prayed for six weeks time to file counter-affidavit. Thereafter on 14.2.2005 when this case was again taken up, the same prayer was repeated by the State-Counsel and this time the State-Counsel was granted three weeks time to obtain instructions and file counter-affidavit. In spite of the same, no counter-affidavit has been filed till date.4. When this...
Sahdeo Rai Vs. State of Jharkhand
Court: Jharkhand
Decided on: Mar-15-2005
Reported in: [2005(3)JCR492(Jhr)]
ORDERHari Shankar Prasad, J.1. This application under Article 226 of the Constitution of India, has been filed for quashing the order 24.9.2004 passed in Sessions Case No. 88 of 2004 whereby and whereunder the learned Additional Sessions Judge, Fast Track Court No. 11, Deoghar summoned the petitioner under Section 319, Cr PC.2. Prosecution case in brief is that the informant Kalawati Devi gave a written report in Palazori police station alleging therein that she has got her daughter Ful Kumari married with Sahdeo Rai, the petitioner about three years ago and on 30.11.2003 at about 10.00 a.m. she got information from one Mani Rai of village Barmasiya that her daughter Ful Kumari had called her, on getting this information at about 12.30 p.m. she along with her Bhaisur Paiter Rai and villager Tulo Rai went to village Barmasiya where she saw dead body of her daughter in burnt condition which was lying in her sasural.. On inquiry she came to know that her daughter's , husband Sahdeo Rai an...
Accountant General (a and E) Vs. Madhusudan Ram Sahu
Court: Jharkhand
Decided on: Mar-14-2005
Reported in: [2005(2)JCR349a(Jhr)]
1. This writ application is directed against the order dated 18th March, 2003 passed by the learned Tribunal in M.A. No. 35 of 2003 arising out of O.A. No. 193 of 2001.2. In its order dated 28th March, 2003, the learned Tribunal had observed that in two earlier matters the emphasis was that the quantum of punishment be reduced. The learned Tribunal observed further that it was expected of the respondents to have appreciated the said emphasis while trying to comply with the direction given in the two earlier Original Applications decided by the Tribunal. Accordingly, the learned Tribunal, in its order passed in the third O.S. remanded the matter back to the authorities with direction that they should reconsider the whole thing in the light of the orders passed by the Tribunal in O.A. No. 227/1996 and O.A. No. 41/2001(R), decided on 15th December, 2000 and 7th August, 2001 respectively, which have now become final between the parties, within a period of three months form the date of rece...
Employers in Relation to the Management of Sudamdih Coal Washery of Bc ...
Court: Jharkhand
Decided on: Mar-14-2005
Reported in: [2005(2)JCR351(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard Mr. A.K. Mehta, learned counsel for the petitioner.2. In the instant writ application the petitioner M/s. Bharat Coking Coal Limited seeks declaration that the Award dated 25.6.1992 passed by the Central Government Industrial Tribunal No. 1, Dhanbad in Reference No. 271/90 has become infructuous in view of the decision of the Supreme Court in the case of Steel Authority of India Ltd. and Ors. v. National Union Waterfront Workers and Ors., (2001) 7 SCC 1 and in the case of Nitin Kumar Nathalal Joshi and Ors. v. Oil and Natural Gas Corporation Ltd. and Ors., (2002) 3 SCC 433.The admitted facts are that in the year 1990 the Central Government, Ministry of Labour referred the following disputes for adjudication to the Central Industrial Tribunal :'Whether the demand of the Bihar Colliery Kamgar Union (CITU) that 297 workmen listed in annexure and enclosed herewith should be departmentalized under the management of Sudamdih Coal Washery of M/s BCCL? If so, to wha...
Nirmala Devi and ors. Vs. Sanjay Sharma and ors.
Court: Jharkhand
Decided on: Mar-14-2005
Reported in: [2005(2)JCR483(Jhr)]
ORDERN.N. Tiwari, J.1. This second appeal is against the judgment and decree of affirmance passed in Title Appeal No. 8 of 2003 by 1st Additional District Judg, Rajmahal whereby the Court below has dismissed the appellants' appeal and upheld the judgment and decree of the trial Court.2. The plaintiff filed Title Suit No. 26 of 1985 in the Court of Settlement Officer as per the Santhal Civils, which was transferred to the Assistant Settlement Officer. The Assistant Settlement Officer, in turn, had made a certificate and transferred the record of the said title suit to the Court of Sub-Judge-I, Sahibganj under the provision of Section 5-A of the Santhal Parganas Settlement Regulations, 1872. The suit was ultimately disposed of by learned Sub-Judge-I, Rajmahal, Sahibganj.3. In the said suit, the plaintiff had prayed for declaration of right, title and interest and confirmation of possession over the suit property and alternatively for recovery of possession and for mense profit. The plain...
Mangra Dhobi and anr. Vs. Khedua Baraik and ors.
Court: Jharkhand
Decided on: Mar-11-2005
Reported in: AIR2006Jhar16; [2005(2)JCR491(Jhr)]
N.N. Tiwari, J.1. This Second Appeal is against judgment and decree of reversal, filed by the Plaintiff-Respondent-Appellant.2. The Plaintiff filed Title Suit No. 15/ 86 in the Court of Munsif, Gumla praying relief, inter alia, for cancellation of the sale deed No. 2032/79 dated 10.11.1979 and declaration of their right, title and interest with respect to the property which was the subject matter of the said sale deed and which was fully described in Schedule B of the plaint. The Plaintiff had also sought for confirmation of possession and alternatively for recovery of possession of the said Schedule B property.3. The Plaintiffs case was that the land of Plot Nos. 702, 929, 1336, 1338 and 1430 appertaining to Khata No. 48 of village Bhargaon P.S. Sessai within the District of Gumla were recorded in the name of Dashrath Dhobi son of Bahuran Dhobi. Dashrath Dhobi died leaving behind two sons Chander Dhobi and Shalik Dhobi. Said Chander Dhobi was married to a lady of village Murmu but she...
Dharma Devi and ors. Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Mar-11-2005
Reported in: [2005(2)JCR350(Jhr)]
S.J. Mukhopadhaya, J.1. This application has been preferred by the petitioners against the orders contained in Memo No. 7312, dated 30th October, 1992 (Annexure-4) and the Memo No. 7399, dated 2nd November, 1992 (Annexure-7), both issued by the Deputy Commissioner, Deoghar. By the first order, the Deputy Commissioner, Deoghar directed the Circle Officer, Deoghar to comply with the order by 31st October, 1992 regarding eviction of the petitioners and for that, if necessary, the Superintendent of Police, Deoghar, will be deploying a police officer along with police force. Similar order has also been passed vide the subsequent order contained in Memo No. 7399, dated 2nd November, 1992, whereby it was also ordered to depute an Execution Magistrate, Deoghar for eviction of the petitioners from the land in question.2. For determination of the issue, it is not necessary to discuss all the facts, except the relevant one.The dispute relates to a land measuring 1,43 acres of Mouza Todra Dih No. ...
Kashinath Mahto Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Mar-11-2005
Reported in: [2005(3)JCR494(Jhr)]
Hari Shankar Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceedings including order dated 15.5.1998 passed in Silli P.S. Case No. 23/98, G.R. No. 831/98, whereby and whereunder learned C.J.M., Ranchi took cognizance against the petitioner under Section 406 and 420 of the Indian Penal Code.2. Facts leading to filing of the application are that the complainant opposite party No. 2 filed a complaint case alleging, inter alia, therein that accused persons including the petitioner entered into an agreement for sale of 0.08 decimals of their land appearing to Khata No. 57 Plot No. 201 in village Chhota Muri, P.S. Silli, District-Ranchi on 30.11.1996. There was an agreement between the parties that complainant shall get the above land registered in his name after paying consideration amount of Rs. 32,000/- to the accused persons and as per agreement the complainant opposite party No. 2 was supposed to pay t...
Board for Industrial and Financial Reconstruction Vs. Heavy Engineerin ...
Court: Jharkhand
Decided on: Mar-11-2005
Reported in: 2005(3)BLJR1736; [2005(4)JCR118(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. Heard the counsel for the Heavy Engineering Corporation Limited, Union of India, Jharkhand State Electricity Board and the counsel appearing on behalf of other respondents.2. As the Court has taken up the matter for revival of the Heavy Engineering Corporation Limited (HEC) in connection with CP 5 of 2004, positive sign has been shown by the Central Government and the State of Jharkhand in the matter of revival of the mother Industry and certain improvements have been made and as the Court has also taken up the issue as to how M/s. HEC can pay back the outstanding dues and current charges of the Jharkhand State Electricity Board, this Court prohibits the Jharkhand State Electricity Board and its officers from taking any coercive steps against M/s. HEC without prior permission of the Court. The order contained in Memo No. 143, dated 24.2.2005 issued by the Electrical Superintending Engineer, Ranchi shall remain stayed. However, it will be open to the Jharkha...
Gazi Md. Masud Alam and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Mar-10-2005
Reported in: II(2005)DMC88; [2005(2)JCR353(Jhr)]
ORDERHari Shankar Prasad, J.1. This application under Article 226 of the Constitution of India has been filed for quashing the FIR dated 9.1.2004 (Annexure-1).2. Facts giving rise to the filing of this application are that the respondent No. 2 Nasreen Rehana sent a written letter to the officer-in-charge of Madhupur Police Station alleging interalia therein that she was married with Gazi Md. Masud Alam on 25.12.1993 according to the Muslim rites and custom. On the occasion of marriage, her father had given Rs. 50,000/- in cash jewellery worth 22 tolas, one palang, one sofa and other materials and with these things she went to her sasural. It is further alleged that for some days she lived very peacefully at her sasural. During this period, her husband took all her jewellery and sold them in the market and soon thereafter the greedy face of her sasural people came to her knowledge. It is further alleged that her husband, mother-in-law, devar Arif Chand and Asif Chand, nanad and nandoi R...
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