Jharkhand Court May 2005 Judgments
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Snehlata Kumari and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-16-2005
Reported in: AIR2006Jhar56; [2005(3)JCR342(Jhr)]
ORDERS.J. Mukhopadhaya. J.1. This writ petition has been preferred by the petitioners for direction on the respondents to consider their cases for appointment as Primary Teachers under the State of Jharkhand.2. According to the petitioners, they are eligible for appointment to the posts of Primary Teacher and though they have competed in the written test for appointment to the posts of Primary Teacher held by Jharkhand Public Service Commission, Ranchi (hereinafter to be referred as J.P.S.C.), they have not been provided with the letters of appointment whereas the persons, below them in the merit list, have been appointed.3. The case of the petitioners is that they, having passed Diploma in Social Education (Mental Retardation) are eligible for appointment to the posts of Primary Teacher in pursuance of an advertisement, published by the J.P.S.C. in the month of August, 2002, they applied for appointment as Primary Teachers in Nationalized Primary Schools. They were allowed to appear a...
Jaggu Mal @ Jagu Mal Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: May-16-2005
Reported in: [2005(4)JCR142(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the parties.2. The petitioner is aggrieved by the order dated 11.11.2004 passed by the Consumer Grievances Redressal Forum, Jharkhand State Electricity Board, Ranchi in Case No. 13 of 2004. He. further prays for a direction upon the respondents not to charge interest by way of D.P.S. on the amount of delayed payment surcharge and the interest charged on the current bills.3. The petitioner earlier moved this Court in C.W.J.C. No. 3819 of 2001 which was disposed of on 21.8.2001 passing the following orders :-'The petitioner has challenged the bill relating to fuel surcharge raised vide Annexure-2, dated 20.1.2001. It is alleged that the petitioner wanted to deposit a sum of Rs. 47,142/- by cheque against the bill but the respondents are not accepting the same.From the letter dated 20.1.2001 (Annexure-2), it appears that the respondents have raised a bill for Rs. 3,49,321/- towards fuel surcharge alongwith current charge. According to petitioner, the respondent...
Debashree Construction (India) Pvt. Ltd. Vs. State of Jharkhand and or ...
Court: Jharkhand
Decided on: May-13-2005
Reported in: IV(2005)BC238; [2005(2)JCR461(Jhr)]
M.Y. Eqbal, J.1. Heard Mr. Navneet Pd. Singh, learned counsel appearing for the petitioner and learned Advocate General.2. Petitioner seeks a direction upon the respondents not to allot the contract work in terms of Tender Notice dated 18.2.2005 to respondent No. 5 as he is not eligible to participate in the said tender.3. Respondents issued tender for the work of IROP in between Kilometer 21 to 41 of National Highway No. 75. Pursuant to the said Tender Notice, petitioner and respondent No. 5 submitted their tender. It is alleged that in spite of non-fulfillment of all the conditions of Tender Notice the Chief Engineer decided to give the work in favour of respondent No. 5.4. Mr. Navneet Pd. Singh, Learned counsel appearing for the petitioner submitted that Clause 6 of Tender Notice specifically put a condition that a contractor has to give an information as to where his Hot-Mix Plant is located and what is its capacity and further condition was that as to whether his Hot-Mix Plant is ...
Ashwani Kumar Beotra Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-13-2005
Reported in: [2005(2)JCR452(Jhr)]
ORDERM.Y. Eqbal, J.1. The petitioner, who is a permanent member of Dhanbad Club (in short 'the Club'), has challenged the authority of the Deputy Commissioner and has prayed for quashing the orders dated 27.1.2005 and 31.1.2005 issued by the Deputy Commissioner, Dhanbad whereby the petitioner has been suspended from the membership of the Club and an inquiry has been ordered against the petitioner. The petitioner has further prayed for issuance of a direction upon respondent No. 2, the Deputy Commissioner, Dhanbad not to disturb the validly elected Committee from discharging its function.2. The petitioner is a permanent member and the Secretary of the Club, which was established in 1991 and was revived in 1999. The Club is registered under the Companies Act and under Articles of Association the Deputy Commissioner would always be the ex-officio President of the Club. The petitioner was holding the post of Honorary Secretary of the Club. Petitioner's case is that on 25.1.2005 the Income-...
Lakshmi Narayan Kasera Vs. Dhirendra Kumar JaIn and ors.
Court: Jharkhand
Decided on: May-13-2005
Reported in: [2005(4)JCR46(Jhr)]
ORDERN.N. Tiwari, J.1. In this application, the appellant has prayed for an order of stay of the proceeding of Execution Case No. 5 of 2004 pending in the Court of Munsif at Hazaribagh. It has been stated that the respondents have filed the said Execution Case No. 5 of 2004 praying for execution of the impugned decree and for delivery of possession of the suit premises in their favour. A petition was filed before the executing Court praying for stay of the execution of the decree till disposal of this appeal, but the Executing Court by its order dated 8.3.2005 rejected the petition and directed the respondents to take steps for process of delivery of possession. The appellant apprehends that the Executing Court will issue writ delivery of possession if the further proceeding of the execution case is not stayed by this Court. It has been stated that the appellant is the tenant of the suit premises for last more than 30 years where he has been running a shop for earning livelihood. If th...
Binay Prakash Huf Through Karta Binay Prakash Vs. Ranchi Municipal Cor ...
Court: Jharkhand
Decided on: May-12-2005
Reported in: 2005(2)BLJR1614; [2005(3)JCR249(Jhr)]
ORDER1. This appeal is directed against the judgment and order dated 10th March, 2004 passed by the learned single Judge in the writ petition filed by the appellant, being W.P. (C) No. 4163 of 2003, dismissing the same on the ground that the question involved in the writ application could only be decided by the Civil Court of competent Jurisdiction.2. As will appear from the order under appeal, two Municipal Survey Plot Nos. 1735 and 1736 were alleged to have been acquired by the appellant writ petitioner by virtue of a deed of sale dated 17th May, 2002. Admittedly, the vendors of the said land claimed title thereto on the strength of a hukumnama, which is said to have been executed in favour of their predecessor-in-interest. Admittedly, a dispute arose with regard to Plot No. 1736 which went up to the Hon'ble Supreme Court and the right, title and interest of the vendors of the writ petitioner-appellant was declared in respect of the said plot. However, there was no adjudication as fa...
Court on Its Motion Vs. State of Jharkhand Through Chief Secretary and ...
Court: Jharkhand
Decided on: May-12-2005
Reported in: [2006(2)JCR170(Jhr)]
Hari Shankar Prasad, J.1. Both cases [W.P. (Cr) No. 200 of 2003 and Cr. M.P. No. 4510 of 2001] arise out of the same matter and are being disposed of by the common order.2. Cr. M.P. No. 4510 of 2001 has been filed under Section 482 of the Code of Criminal Procedure, for quashing the entire criminal prosecution including the order dated 24.7.2000 passed in Complaint Case No. 116 of 1999 whereby and whereunder the learned Judicial Magistrate, 1st Class, Hazaribagh has taken cognizance under Sections 323/504 of the Indian Penal Code against the petitioner,3. Facts leading to filing of the application are that O.P. No. 2 lodged and FIR with Ichak P.S. being Ichak P.S. case No. 35 of 1999 which was registered on 18.3.1999 under Sections 323, 324, 307, 500 and 504 of the Indian Penal Code. The police after investigation submitted final form false No. 102/99 dated 30.6.1999 and also submitted prosecution report under Sections 182/211 of the Indian Penal Code on the same date against the infor...
Employers in Relation to the Management of Tisco Ltd. Vs. Concerned Wo ...
Court: Jharkhand
Decided on: May-12-2005
Reported in: [2008(1)JCR244(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ petition the petitioner-Management of M/s. TISCO Ltd. has challenged the award dated 11.6.2004 passed by the Central Government Industrial Tribunal No. 2, Dhartnad in Reference Case No. 206/98 whereby he has answered the reference in favour of the concerned workman.2. The Government of India, Ministry of Labour, in exercise of power conferred on them under Section 10(1)(d) of the Industrial Disputes Act, 1947, referred the following dispute to the Tribunal for adjudication vide order dated 30.9.1998:Whether the action of the management of Bhelatand Colliery of M/,s. Tisco in not providing employment to the dependant Smt. Madhuri Devi, wife of late Mahadeo Sao, Ex-stone cutter (Although the management of M/s. Tisco has already offered temporary employment for a period of 18 months to Smt. Madhuri Devi as per their letter BYLD/p/09/3012 dated 28/30.12.1993 during the period of sickness and suffering from cancer of her deceased husband Mahadeo Sao and de...
Arjun Mahra and anr. Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-11-2005
Reported in: 2005(2)BLJR1364; 2005CriLJ3676; [2005(3)JCR222(Jhr)]
Amareshwar Sahay, J.1. These two appellants were found guilty for committing the offence under Sections 304, Part 11/34 of the Indian Penal Code and were sentenced to undergo RI for a period of ten years by the 2nd Additional Sessions Judge, Deoghar by judgment dated 26th August, 1991.2. The prosecution case, in brief, is that on 27.9.1985 at about 8 a.m. the She Goats of the appellants were grazing the paddy crop in the field of the deceased, Moti Mahra, and therefore were driven out. In the evening, the deceased Moti Mahra went in the village in order to collect the co-villagers for lodging complaint against the accused persons to the effect that they often allow their She Goats to graze his paddy fields. While the deceased was returning towards his house, it is said that the appellants surrounded him and started assaulting him in the lane near the house of the deceased, Moti Mahra. The occurrence is said to have witnesses by Mohan Mahra, Baldeo Mahra and others, it is said that the ...
Smt. Dipti Mookerjee and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-11-2005
Reported in: 2005(2)BLJR1420; [2005(3)JCR261(Jhr)]
ORDERAmareshwar Sahay, J.1. With the consent of both the parties this application is being finally disposed of at the stage of admission itself.2. In the present writ application the petitioners have made two fold prayers.Firstly, to quash Annexure-3 dated 06/11/2004, passed by the Deputy Commissioner, Ranchi, whereby the order was passed to lodged First Information Report against Alok Kumar Choudhary, Om Prakash Chawnika and Kumud Kumar Jha for commission of the alleged offences under Sections 423, 420 and 120-B of the Indian Penal Code. It was further directed to issue notice to Thakur Prasad Hansda to show cause as to why the departmental proceeding be not initiated against him.Secondly, that the respondents be restrained from interfering with the right, title interest and possession of the petitioners, or the persons claiming through them over the land in question.3. The background of the case of the petitioners is that these two writ petitioners herein were among the five writ pet...
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