Jharkhand Court April 2005 Judgments
Jharkhand Kerosene Dealers' Association Vs. the State of Jharkhand and ...
Court: Jharkhand
Decided on: Apr-29-2005
Reported in: 2005(2)BLJR1492; [2005(3)JCR151(Jhr)]
1. These two appeals are directed against a common judgment dated 16th April, 2004, passed by the learned Single Judge on two writ applications, which had been filed by the two appellants before us. The appellant in L.P.A. No. 417/2004 is the Jharkhand Kerosene Dealers' Association, whereas in the other appeal, being L.P.A. No. 416/2004, the appellant is the. All India Kerosene Oil Dealers' Federation. In both the writ applications, the subject-matter of challenge was the order dated 22nd December, 2003, passed by the State Government in respect of commission to be paid to Kerosene Oil Wholesale Dealers in the different districts within the State.In order to appreciate the order, which was passed, one will have to consider the factual background which has been set out by the learned Single Judge in his impugned order.2. It will appear that the Government of India in its Petroleum and Chemicals Ministry had appointed a Committee to examine and report in the matter of determination of th...
Tag this Judgment!Deoraj Bartiya Vs. Central Coal Field Limited Through Its Chairman/Man ...
Court: Jharkhand
Decided on: Apr-29-2005
Reported in: [2005(3)JCR33(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ application the petitioner has prayed for quashing the order dated 8/10.9.03 (Annexure-9) passed by the respondent No. 3 whereby in defiance of the order of this Court and circumventing the effect of the direction of the Division Bench of this Court as contained in Annexure 8, the order of petitioner's termination has been maintained contrary to the directives of this Court.2. The petitioner's case is that he was appointed in the year 1974. In the year 1977 a notice was issued by the Management that large scale of impersonation have come to the knowledge of the Management and, therefore, a committee was constituted to ascertain the bona fide of the individual workmen including the petitioner. Subsequently, a number of workmen including the petitioner were discontinued from the services by order dated 28.2.81. The grievance of the petitioner was that he was neither given any opportunity to defend himself nor the enquiry report was ever served on him b...
Tag this Judgment!Giriraj Prasad Agrawal and ors. Vs. Parwati Devi and ors. and
Court: Jharkhand
Decided on: Apr-29-2005
Reported in: III(2005)ACC559; 2005ACJ1626; 2005(2)BLJR1446; [2005(2)JCR523(Jhr)]
M.Y. Eqbal, J.1. These two appeals have been referred to Full Bench for testing the correctness of two decisions of this Court, one by Division Bench in the case of Bholla Nath Yadav v. Hemwati and Ors., 2003 (1) JCR 105 (Jhr) : 2002 (2) JLJR 411 and the other by a learned single Judge in Oriental Insurance Company Ltd. v. Jashmani Kongari, 2001 (1) JLJR 178.2. Facts which have given rise to the present controversy may be stated :--The deceased along with other persons were traveling by Bus on the relevant date of accident. The deceased was sitting on the roof of the Bus. When the Bus reached near Jaruadih More, several mango trees were spread towards road and the deceased who was on the roof of the Bus. Sustained grievous head injury. The deceased was taken to hospital and subsequently he died. In another case, the deceased was traveling on the roof of the Bus. Because of rash and negligent driving, the deceased fell down form the bus and succumbed to injuries.3. The respondent-Insura...
Tag this Judgment!Dyanand Mahto Vs. Central Coalfield Ltd. and ors.
Court: Jharkhand
Decided on: Apr-29-2005
Reported in: [2005(3)JCR325(Jhr)]
ORDERM.Y. Eqbal, J. 1. By filing writ petition on 13.4.2005, petitioner is challenging the order contained in letter dated 15.12.2003 whereby claim of the petitioner for compassionate appointment has been disallowed and direction was issued for payment of monetary compensation.2. Petitioner's father late Charku Mahto was regular employee of Central Coal Field Limited and posted as Clerk Grade II G.M. Office, Kuju area. He died in harness on 1.1.1996. The widow thereafter filed an application in 1996 intimating the death of her husband and applied for her employment in place of her husband but the Management refused to give employment and instead of that ordered for payment of monetary compensation. Petitioner's case is that she did not receive any compensation. In 1997 she applied for employment for her son, who attained the age of 18 years. The said claim of the petitioner was rejected and was communicated by Personnel Manager (MP) to the Staff Officer (P) of Kuju Area of Central Coal...
Tag this Judgment!Subhash Kumar Singh Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-29-2005
Reported in: 2005(2)BLJR1522
R.K. Merathia, J. 1. This appeal is directed against the judgment dated 27.4.2002 passed by learned Vlllth Additional Judicial Commissioner cum Special Judge (Vigilance), Ranchi, convicting the appellant under Sections 7/13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentencing him to undergo rigorous imprisonment for two years each under Section 7/13(1)(d) read with Section 13(2) of the said Act. The sentence was ordered to run concurrently.2. Appellant was posted as Assistant Engineer in the Electricity Board, Ranchi at the relevant time. Ram Prakash Rai-Complainant (PW 8), lodged a written complaint to the Superintendent of Police (Vigilance) on 22.12.1988 alleging as follows :-That he was an educated unemployed person and he decided to start a work of steel fabrication cum printing press at Jagdeo Nagar, Ranchi and for this, he enquired from 'Bara Babu' of the Electricity Board-S.N.P. Singh, who told him that he will have to incur expenses of about R...
Tag this Judgment!Bhola Mahto Vs. Nirpath Mahto and ors.
Court: Jharkhand
Decided on: Apr-28-2005
Reported in: [2005(3)JCR340(Jhr)]
ORDERN.N. Tiwari, J.1. In this application the petitioner has prayed for condonation of delay in filing the C.M.P. No. 387 of 2004. It has been stated that the Advocate's Clerk Incharge had undergone a surgical operation in the medical clinic of Dr. Mukti Saran and after discharge from the clinic he was advised complete bed rest and that he could not come to the Court from 5.8.2004 to 28.8.2004 and in the said circumstances he could not comply with the peremptory order dated 5.8.2004 by which the petitioner was directed to take steps for notice to respondent Nos. 5 and 6. It has been stated that subsequently by information issued by the office of the Court the appellant came to know that the appeal was dismissed for non-compliance of the order and, thereafter, without any delay filed the said C.M.P. paying for restoration of the appeal.2. Mr. S.K. Murti, learned counsel appearing on behalf of the opposite party contesting the said petition stated inter alia that the appellant was negli...
Tag this Judgment!B.I.F.R. vs. H.E.C. Ltd.
Court: Jharkhand
Decided on: Apr-28-2005
Reported in: 2005(53)BLJR2158; [2005(3)JCR345(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. Progress Report for rehabilitation of M/s. Heavy Engineering Corporation Limited :From the supplementary affidavit filed on behalf of State of Jharkhand in W.P.(C) No. 4513 of 2004. It appears that a meeting of Officers was held on 7th April, 2005 at Ranchi to discuss the step to be taken for revival of the Company, M/s. Heavy Engineering Corporation (hereafter referred to as M/s. HEC). Apart from Chief Secretary, State of Jharkhand and other officials. Secretary, Ministry of Heavy Industries, Government of India, other Officials of Union of India and Chairman-cum-Managing Director of the Company (M/s. HEC) took part in the said meeting and decided as follows :'1. Government of Jharkhand may consider purchase of buildings which it is already occupying, and other buildings that can be made available to it by HEC to house its officers, residences and other premises. The Government of Jharkhand may also consider purchase/transfer of land that can be made avail...
Tag this Judgment!Sudhir Mandal Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-28-2005
Reported in: 2005(2)BLJR1438; [2005(3)JCR214(Jhr)]
Amareshwar Sahay, J.1. This appeal arises against the judgment dated 5th July, 1990 passed by the Additional Sessions Judge II, Deoghar whereby the appellant was convicted under Sections 342 and 376 of the Indian Penal Code and was sentenced to undergo RI for a period of 6 months under Section 342, IPC and RI for a period of 10 years under Section 376 of the Indian Penal Code,2. The prosecution case, in brief, is that wife of the first informant, namely, Anand Rana was cooking food inside her house on 3.5.1989 at about 8 p.m. At that time she sent her daughter, Rita Kumari aged about 7 years to fetch water from a nearby well. Rita Kumari reached at the well and at that time the appellant, Sudhir Mandal caught hold of her, brought her to his room and thereafter closed the room from inside and he gagged the mouth of Rita Kumari and then committed rape on her, due to which the girl started bleeding and thereafter the appellant is said to have fled away. The prosecutrix put on her underwea...
Tag this Judgment!Binay Kumar Pore Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Apr-28-2005
Reported in: 2005(3)BLJR1738; [2005(4)JCR121(Jhr)]
ORDERS.J. Mukhopadhaya, J. 1. Heard learned counsel for the petitioner, Jharkhand State Electricity Board, Ranchi (hereinafter to be referred as 'J.S.E.B.') and Bihar State Electricity Board, Patna (hereinafter to be referred as 'B.S.E.B.') and perused the show cause filed by the Chairman, Jharkhand State Electricity Board.2. Mr. Rajendra Krishna, learned counsel appearing for the JSEB, produced a copy of letter No. 2027, dated 27th April, 2005 issued by the Secretary, JSEB, Ranchi and handed over an account payee cheque dated 26th April, 2005 issued in the name of Binay Kumar Pore for a sum of Rs. 2,69,392.62 paise and handed it over to Mr. Prabhash Kumar, learned counsel for the petitioner for onward transmission. It is stated that the aforesaid amount has been paid towards revised gratuity (Rs. 1,99,877.38 paise) and commutation of pension (Rs. 69,515.24 paise). It is further informed that there is no further amount, payable by the JSEB to the petitioner.3. Mr. Prabhash Kumar, learn...
Tag this Judgment!Anokhey Mishra and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-28-2005
Reported in: 2005(2)BLJR1617; 2005CriLJ4231
ORDERHari Shankar Prasad, J. 1. Heard learned counsel for the parties.2. This application under Section 407 of the Code of Criminal Procedure has been filed for transfer of Sessions Trial No. 368/2003 from the Court of Additional Sessions Judge, FTC-II, Bermo at Tenughat under Bokaro Sessions Division to any other Court of Sessions in the Sessions Division of Giridih.3. Facts leading to filing of this application are that on 18.6.2003 one Dhaneshwar Mishra filed a complaint case being Complaint Case No. 119/2003 in the Court of Additional Chief Judicial Magistrate, Bermo alleging, inter alia, therein that he married his daughter Punita Devi with Sheo Nandan Mishra on 15.5.2002 in a temple and she was treated by her in-laws nicely for about 4-5 months but thereafter she was being ill-treated and harassed mentally and physically. She was asked to bring a colour TV. from her parent and the complainant had provided a TV. in the month of January, 2003. It is further alleged that thereafter ...
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