Jharkhand Court July 2005 Judgments
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Maya Devi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-21-2005
Reported in: [2005(3)JCR511(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ application, the petitioner, who is the widow of deceased Forest Guard-Mahesh Chandra Mahto, prays for a direction to the respondents to appoint her on Class IV post on compassionate ground as her husband died in harness on 28.3.1998.2. According to the petitioner, after the death of her husband, she filed application for appointment on compassionate ground with all requisite documents such as Death Certificate, Succession Certificate, Photographs etc. as far back as on 11.6.1998. After a long pendency of the application, the petitioner had preferred a writ application before the Patna High Court, as then was, being C.W.J.C. No. 3665 of 1999(R). By order dated 20.7.2000 passed therein the respondents were directed to consider the petitioner's prayer for appointment on compassionate ground. The grievance of the petitioner is that in-spite of the submission of the application with all requisite documents and inspite of the said order passed in the writ...
Shaktipada Chakraborty Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-21-2005
Reported in: 2005CriLJ324; [2005(4)JCR117(Jhr)]
ORDERAltamas Kabir, C.J.1. This application has been filed for quashing of the cognizance taken by the learned Chief Judicial Magistrate, Bokaro in connection with Chandankiyari P.S. Case No. 95/2003 (corresponding to G.R. No. 927/2003) under Sections 370, 372, 373, 376/34 of the Indian Penal Code.2. The prosecution case, in short, as revealed from the First Information Report lodged by one Nepal Bauri, the father of the OP No. 3, is that along with his co-neighbours Yadav Singh and Raju Bouri came to Amlabad Out Post alleging that on the last day of Durga Puja in the year 2003 the co-villagers of the informant namely, Sripati Thakur and Ajit Thakur lured away the OP No. 3, Malti Kumari, the minor daughter of O.P. No. 2 and took her away from her house by assuring the informant that she will be properly employed. Thereafter, the said villagers went to Sudamdih and kept the daughter of the informant confined in the house of the petitioner herein for performing household work. Subsequent...
Kiran Suman Baxla and Twenty ors. Vs. Mrs. Kanan Bala Tirkey and ors.
Court: Jharkhand
Decided on: Jul-21-2005
Reported in: [2005(3)JCR382(Jhr)]
ORDER1. This appeal is directed against the judgment and order dated 24th February, 2004, passed by the learned Single Judge in W.P. (S) No. 511/2004, whereby the writ application was allowed and the advertisement dated 29th December, 2002, which was Annexure-4 to the writ application, as also the examination conducted on the basis thereof on 17th January, 2003, was quashed. Inasmuch as, the present appellants were not parties to the writ application, leave was granted to them by order dated 17th March, 2005, to prefer the instant appeal.2. The subject-matter of the writ application was the aforesaid advertisement dated 29th December, 2002 and a subsequent advertisement dated 20th December, 2003. In the writ application, a direction was sought upon the respondents not to make any appointment to the post of Assistant in the Jharkhand Vidhan Sabha Secretariat, Ranchi, in keeping with the advertisement issued by the In-charge Secretary of the Jharkhand Vidhan Sabha, Ranchi, on 29th Decemb...
Basudev Rabidas Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Jul-21-2005
Reported in: [2005(4)JCR248(Jhr)]
ORDERM.Y. Eqbal, J.1. Petitioner's daughter, namely, Kumari Trinetra, was admitted in Class IXth in Jawahar Navoday Vidyalaya, Gandey, Giridih (in short 'J.N.V.' School) through lateral entrance examination, 2004 conducted by Jawahar Navoday Vidalaya, Gandey, Giridih. She was allotted Roll No. 004. After she was admitted in Class IXth in the said school it was found that in 2003 petitioner's daughter also appeared in the test for being admitted in Class VIth but she was not selected. In the application form the petitioner had mentioned the date of birth of her daughter as 20.5.1993 whereas in the application form filled up in 2004 for admission in Class IXth her date of birth was mentioned as 20.2.1992. The school, therefore, issued letter dated 8/9.11.2004 asking the petitioner to produce suitable documents in support of date of birth of his daughter. Petitioner's case is that in spite of production of all documents in support of the date of birth of his daughter as 20.2.1992 and also...
Sayara Bano and anr. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jul-21-2005
Reported in: 2006CriLJ780; [2005(4)JCR419(Jhr)]
ORDERAmareshwar Sahay, J.1. This revision application arises against the order dated 15.7.2003 passed by the First Sessions Judge, Rajmahal in Session Trial No. 155 of 2002 whereby the learned First Additional Sessions Judge, has rejected the prayer of the petitioners to discharge them.2. In short the prosecution case as per the FIR is that in the night of the 16/17.1.1997 the informant Sudama Prasad Gupta and his wife were sleeping in a room and their daughters Muni Kumari aged about 15/16 years and Bindu Kumari aged about 13/14 years were sleeping in another room. In the morning Muni Kumari was found missing. The informant started searching his daughter Muni Kumari and then he come to know that she was induced away by Jamshed, a neighbor boy and his daughter was taken to Chandipur and thereafter, she was shifted to Sahibganj. On being enquired, the father of said Jamshed gave evasive reply. When his daughter was not traced out then he lodged FIR under Section 366-A, in which subseque...
BipIn Kumar Tiwary Vs. Union of India (Uoi)
Court: Jharkhand
Decided on: Jul-21-2005
Reported in: [2005(4)JCR464(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. In this case petitioner challenged the Tender Inviting Notice (hereinafter to be referred as 'N.I.T.') No. Commrt/80/STD Booths/Tender/02 issued by the D.R.M, S.E. Railway, Chakradharpur, published in the newspaper 'Hindustan' on 30th July, 2003 whereby quotation was called for setting up/installation of PCO, STD, ISD, FAX, Internet Booths at different platforms of Tatanagar Railway Station.2. According to petitioner, he is physically disabled person more than 75% so the was allowed to operate one of the STD, ISD, PCO, FAX, Internet Booth at platform No. 1, at Tatanagar Railway Station. It was allotted vide letter dated 29th June, 1998 after publication of N.I.T. in the newspaper 'Hindustan.' He is stated to be paying licence fee since 29th June, 1998. Terms of licence having been expired on 28th January, 2001, he prayed for extension of the same, but it having not been extended and on the other hand, fresh N.I.T. having been issued, he preferred this writ ...
Jai Kumar Mahto and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jul-20-2005
Reported in: [2005(4)JCR112(Jhr)]
Amareshwar Sahay, J.1. This appeal is directed against the judgment dated 5/8/1991 passed by the Additional Sessions Judge-1, Deoghar in Sessions Trial No. 5/88/14/88 whereby all the appellants have been convicted for the offences under Sections 307/149 IPC and have been sentenced to undergo R.I. for a period of 5 years. In addition to this appellant Nos. 1, 3 and 5 have further been found guilty for the offences under Sections 148 and 323 IPC and have been sentenced to undergo RI for a period of 2 years and the rest all nine appellants have further been convicted for the offences under Sections 147/323, IPC and have been sentenced to undergo RI for a period of 1 year each. The sentences were ordered to run concurrently.2. The prosecution case in brief is that on 25/8/1984 at about 1 p.m. the informant was weeding out grass in his field bearing plot No. 393 situated in village Dudhania PS Mohanpur, District Deoghar. At about 2.30 p.m. accused Jia Mahto and Jai Kumar Mahto went to him a...
Prahlad Prasad Singh Vs. J.S.E.B. and ors.
Court: Jharkhand
Decided on: Jul-20-2005
Reported in: AIR2006Jhar54; [2005(4)JCR71(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ petition has been preferred by petitioner with the following prayer :-(a) to call for the records of the certificate case No. 93/04-05 pending in the Court of the Certificate Officer, Electric Supply Area, Ranchi-2 including the distress warrant issued against the petitioner vide order dated 25.09.2004 passed in the said case and quash the same;(b) to quash the Certiacate of Public Demand (Annexure-2) and consequent certificate proceedings issued/pending against the petitioner certificate case No. 93/04-05 pending in the Court of the Certificate Officer, Electric Supply Area, Ranchi-2 declaring the same as without jurisdiction, bad in law, illegal and violative of the principles of the natural justice and petitioner's fundamental rights;(c) to hold and to declare that the action of the Certificate Officer in not furnishing copies of the entire order sheet and notice, if any, issued to the petitioner in the said case is arbitrary, unreasonable, ill...
Prof. (Dr) Jawed Ahmad and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-20-2005
Reported in: [2005(4)JCR175a(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioners against the order contained in letter No. 307 dated 24th February, 2004, issued under the signature of the Deputy Secretary, Human Resources Development Department, Government of Jharkhand. By the said order, the respondent-State has directed the authorities to fix the pay of principals of different University-Colleges in the UGC pay scale of Principal, provisionally.2. According to petitioner, they were appointed as Lecturer of different colleges on the recommendation of Bihar State Universities Commission ('Commission' for short). 1st petitioner was appointed on 24th July, 1972; 2nd petitioner on 17th April, 1972 and the 3rd petitioner on 9th June, 1972. Subsequently, taking into consideration their service records, performance and experience, their cases were recommended by the Commission and they were promoted to the rank of Reader from different dates. The 1st petitioner was promoted as Reader w.e.f. ...
Prof. Chandra Bhushan Jha Vs. Ranchi University and ors.
Court: Jharkhand
Decided on: Jul-20-2005
Reported in: [2005(107)FLR1184]; [2005(4)JCR253(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This petition has been preferred by petitioner for direction on the respondents to pay him the following retiral benefits and other dues :(i) The leave encashment amount being salary of 230 days in the new UGC scale as has been granted vide order dated 23.8.2002, (Annexure-5).(ii) The arrear pay and allowances of the period April, 1989 to November, 2000 amounting to Rs. 20935/-(Rupees twenty thousand nine hundred thirty five) only, as shown vide chart at Annexure-6.(iii) The interest amount for the period 1989 to 1992 against the amount of Rs. 44,909/- (Rupees fourty four thousand nine hundred nine) only which was credited by the respondent No. 1, after long delay vide Annexure-7.(iv) Difference of salary in the new UGC pay scale, effective from the date 1.1.1996 (vide Annexure-8) till his date of retirement.(v) Difference of pension calculating in the new UGC pay scale.2. According to petitioner, he was in the services of the Ranchi University (hereinafter...
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