Jharkhand Court August 2005 Judgments
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Nirmal Kumar Khandelwal and ors. Vs. Suresh Kumar Mehta and ors.
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: 2005(3)BLJR1846; [2005(4)JCR29(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard Mr. Srijit Choudhury, learned counsel appearing for the petitioner.2. By the impugned order, Court below allowed the amendment petition filed by the plaintiff-respondent. In the amendment petition, plaintiff wanted to correct the relief portion of the plaint by adding a further relief of declaration of title of plaintiff, before the relief 'for a decree of eviction'. Learned Court below has allowed the aforesaid amendment on the ground that it was pleaded in the plaint that the defendant is a trespasser.3. Learned counsel appearing for the petitioner relied upon a decision of the Supreme Court in the case of Rajendra Tiwary v. Basudeo Prasad and Anr., 2001 (2) JLJR 890 and also a decision of the Patna High Court in the case of Most Sumitra Devi & others v. Yogendra Choudhary and Ors., 2000 (1) PLJR 495.4. The ratio decided by the Supreme Court is that unless relationship of landlord and tenant is established, the decree for eviction from the suit property ca...
Suphal Hansda Vs. High Court of Jharkhand Through Registrar General an ...
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: [2005(3)JCR531(Jhr)]
Altamas Kabir, C.J.1. In this writ application, the writ petitioner, who was a judicial officer and was last posted as Subordinate Judge, Civil Court, Palamau at Daltonganj, has prayed for expunction of the Annual Confidential Remarks recorded against him on 6th March, 1999 by the then District and Sessions Judge, East Champran, Motihari, for the period 1998-99. In fact, the writ petitioner had made a representation on 20th April, 1999 for expunction of the said adverse Annual remarks, but the same was rejected by the Patna High Court. The writ petitioner has filed the instant writ application not only against such rejection, but also for expunction of the adverse remarks for the period 1998-99 and to allow him to continue in service till he attained the age of 60 years.2. Appearing for the writ petitioner, Mr. M.K. Roy, learned counsel, submitted that notwithstanding the prayer made in the writ petition regarding extension of the services of the writ petitioner from 58 years to 60 yea...
A. Arjehanul Gouri Vs. Jharkhand High Court Through the Registrar Gene ...
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: [2005(3)JCR526(Jhr)]
Altamas Kabir, CJ.1. This writ application involves the invocation of Rule 74(b)(ii) of the Jharkhand Service Code in respect of the petitioner's service as a judicial officer and the matter has been referred by the learned Single Judge to the Division Bench for hearing and disposal, along with several other cases of similar nature.2. The petitioner was selected and appointed as a Judicial Magistrate with the approval of the Patna High Court and on 2nd April 1975, he joined the service as Munsif In Khagaria and was also confirmed in service as Judicial Magistrate/Munsif Magistrate by the Patna High Court. In the year 1989, he was granted promotion and posted at Sahebganj and subsequently, he was transferred and posted as Sub-Judge-1-cum-Addl. Chief Judicial Magistrate. Katihar in the year 1992. Thereafter, he was transferred to Shekhpura in the district of Monghyr with Sessions power. According to the petitioner, he had always enjoyed a very good reputation as a judicial officer which ...
Court on Its Own Motion Vs. State of Jharkhand and State of Bihar
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: [2005(3)JCR523(Jhr)]
ORDER1. During the visit of the Chief Justice to Deoghar on 30th April, 2005, he had occasion to visit Naari Niketan, where he came across the case of a young girl named Rupa Kumari, who complained that she had been detained in the Remand Home for several years and had not been produced before the Court during that said period. On the basis of her complaint, records of her Case No. 469/C of 1998 were called for and it was found that she had been apprehended on 26th July, 1998 from a platform of Patna Railway Junction for her failure to purchase a platform ticket. Having been found guilty by the Railway Magistrate, she was directed to pay a fine of Rs. 300/- and in default of payment, to undergo imprisonment of a period of nine days. Since, she was unable to pay the fine, she was taken to Naari Niketan and detained there ever since. The last order passed by the Railway Magistrate in her case was on 1st September, 1998 directing the Superintendent of Remand Home to hand her over to her p...
Ramashish Prasad Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: [2005(4)JCR87(Jhr)]
Altamas Kabir, C.J.1. The petitioner was appointed as Munsif and was posted as Judicial Magistrate, Arrah, in the year 1976. In due course of his service, the petitioner was confirmed in the post of Munsif with effect from 3rd July, 1985 and was assigned the work of Judge In-charge Nazarat and administrative department of Hajipur. While posted at Seraikella, he was selected for appointment to the post of Deputy Registrar in the Central Administrative Tribunal (CAT) at its principal bench in Delhi by order dated 14th December, 1992. He was sent on deputation to the Patna Bench of the CAT and after completion of his deputation, the petitioner was transferred and posted at Chapra as Judicial Magistrate, 1st Class.2. While the petitioner was posted at Chapra, one Prabhu Nath Singh entered into the petitioner's residence in the Judicial Officer's Colony at about 10.15 a.m. on 7th July, 1995 from where he was arrested by the Police. On the next date, a new item was also published in this reg...
Nritya Nand Sinha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: [2005(3)JCR529(Jhr)]
ORDERAltamas Kabir, C.J.1. The grievance of the writ petitioner in the instance writ application is that he has been denied the benefit of extension of service from 58 years 60 years in the Jharkhand Judicial Service Cadre. The petitioner joined the Bihar Judicial service on 9th June, 1975 and his services were subsequently confirmed in the post of the Munsif. Subsequently, he was promoted to the post of Subordinate Judge was posted as Assistant Sessions Judge-cum-Addl. Chief Judicial Magistrate-cum-Sub Judge-1 and was posted at Patna before being posted as Special Judicial Magistrate, CBI at Dhanbad in the year 1985. According to the writ petitioner, although he was always considered to be an officer of high integrity and had performed his judicial duties with excellence, he was informed by the Registrar General, Jharkhand High Court by letter dated 20th July, 2001 that the Jharkhand High Court had decided not to grant him the benefit of extension of his services from 58 years to 60 y...
Ram Pravesh Sharma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: [2005(4)JCR90(Jhr)]
Altamas Kabir, C.J.1. This writ petition is one of several matters, which have been referred to the Division Bench for hearing and disposal, inasmuch as, it involves a question regarding invocation of Rule 74(b)(ii) of the Jharkhand Service Code in terms of which the writ petitioner has been compulsorily retired from service.2. The writ petitioner, who was initially appointed as a temporary Munsif, joined his duties at Bhagalpur on 9th April, 1975 in the erstwhile State of Bihar. Thereafter, he was posted as Judicial Magistrate, First Class, Sikrahana at Motihari, where certain adverse remarks were recorded against him and he was asked by the District and Sessions Judge, East Champaran, Motihari, to submit his explanation in respect thereof. According to the petitioner, the said adverse remarks were waived and he was promoted to the junior selection grade post from 9th April, 1985 in the cadre of Munsif. Subsequently, he was also appointed as Sub-divisional Judicial Magistrate and post...
Yogendra Prasad Bhagat Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: [2005(4)JCR267(Jhr)]
Altamas Kabir, C.J.1. This is one of those cases referred by the learned Single Judge to the Division Bench for hearing and disposal, since the question regarding the invocation of Rule 74(b)(ii) of the Jharkhand Service Code, is involved.2. The petitioner was appointed as a Munsif in the Bihar Judicial Service in the year 1975 and joined at Siwan on 7th June, 1975. Thereafter, the petitioner was posted as Judicial Magistrate at Patna and was also promoted to the post of Sub-Judge at Patna. From Patna, the petitioner was posted as Sub-Judge at Naugachia from where he was transferred to Nawada and posted as the Additional Chief Judicial Magistrate-cum-Special Judge-1 and was posted with the power of Assistant Sessions Judge.3. While at Nawada, the petitioner was suspended and a departmental proceeding was initiated against him. Having been found guilty in the said proceeding, the petitioner was reverted to the post of Munsif and posted at Koderma in the judgeship of Hazaribagh. From Kod...
Brajesh Narayan Sharan Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: [2005(107)FLR212]; [2005(3)JCR519(Jhr)]
Altamas Kabir, C.J.1. On 14th September, 1976, the petitioner was appointed as a Judicial Magistrate and subsequently, he was promoted to the higher post of Subordinate Judge in the month of June, 1989. On 8th May, 2001, he joined as Chief Judicial Magistrate, Lohardaga, where he was served with a letter dated 17th July, 2001 written by the Deputy Secretary, Personnel and Administrative Reforms and Rajbhasa, Government of Jharkhand, Ranchi, informing him that he had been compulsorily retire from service in exercise of powers under Section 74(b)(ii) of the Jharkhand Service Code.2. Aggrieved by the said order, the petitioner has filed the instant writ application, which has been referred to the Division Bench for hearing and disposal along with several other matters of like nature.3. Appearing in support of the writ application, Mr. V. Shivnath, firstly contended that the impugned order has passed by the State Government mechanically and without application of mind, merely on the recomm...
Anthony Hansda Vs. High Court of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: [2005(4)JCR94(Jhr)]
Altamas Kabir, C.J.1. This is one of a series of cases referred to by the learned single Judge to the Division Bench for hearing and disposal having regard to the fact that the question regarding invocation of Rule 74(b)(ii) of the Jharkhand Service Code is involved.2. In the year 1975, the petitioner was appointed as a Judicial Magistrate under the erstwhile State of Bihar and was duly confirmed in service by the respondents No. 3 to 5. During his tenure of service, he was transferred from one place to another and was granted promotion as Sub-Judge on 30th October 1996. It is the case of the petitioner that while posted at Jamui as Munsif he incurred the wrath and displeasure of his colleagues which resulted in various letters being written to the Patna High Court with a view to adversely affect the petitioner's service career. In fact, such displeasure was also recorded by the Inspecting Judge of the Patna High Court in the writ petitioner's Annual Confidential Report for the year 19...
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