Jharkhand Court August 2005 Judgments
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Hem Lal Kewat and anr. Vs. Jagar Nath Kewat and ors.
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: 2005(3)BLJR1860; [2005(4)JCR153(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This application has been preferred by the petitioners under Article 227 of the Constitution of India. They have challenged the order 8th February, 2005 passed by learned Munsif, Hazaribagh in Title Suit No. 1 of 2004, Jagar Nath Nath Kewat and Anr. v. Hemlal Kewat and Ors., whereby and whereunder, the Court below has refused to accept the written statement preferred by defendants petitioners.2. Mr. Nehru Mahto, learned counsel appearing for the plaintiffs-opposite parties submitted that the defendants-petitioner filed written statement much beyond the prescribed period. It was filed after about 133 days from the dated of their appearance.3. Learned counsel for the defendants-petitioners submitted that they have shown cause of filing the written statement after some delay as on of them was suffering from ailment.4. Having heard the counsel for the parties and taking into consideration the grounds shown by the defendants-petitioners and the fact that the sui...
Manoj Kumar Vs. Smt. Meera Agarwal and anr.
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: I(2006)DMC140; [2005(4)JCR340(Jhr)]
Altamas Kabir, C.J.1. In this Letters Patent Appeal directed against the order dated 22nd June, 2004 passed by a learned Single Judge of this Court in F A No. 105 of 2003 filed on behalf of the appellant under Section 28 of the Hindu Marriage Act, a question has arisen as to whether the instant appeal is maintainable or not having regard to the amended provisions of Section 100-A of the Code of Civil Procedure.2. The appellant herein filed Matrimonial Case No. 13 of 1994 in the Court of the District Judge, Palamau at Daltonganj under Section 13 of the Hindu Marriage Act for dissolution of marriage and for other reliefs against the respondent No. 1 on the ground of desertion and cruelty. The respondent No. 1 appeared and contested the suit and made several counter allegations against the appellant in her written statement contending that in view of the said allegations, it was impossible for her to live with the appellant as his wife. She also claimed interest pendente lite and permanen...
Naresh Rajak Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: [2005(4)JCR344(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This case was taken up on 23rd September, 2004 when the following order was passed :This application has been preferred by the petitioner for commanding upon the respondents to grant him promotion to the post of Surveillance Inspector with effect from 2nd August, 1989.It appears that the petitioner was earlier promoted as Surveillance Inspector and later on reverted vide order dated 18th September, 2000. It was challenged by the petitioner in C.W.J.C. No. 1278 of 2000. The said case was disposed of by this Court vide order dated 14th February , 2001, wherein the following order was passed :'In view of the fact that the petitioner enjoyed the higher post for about 12 years and on reversion, the said post fall vacant, I direct the respondents to fill up the post of Surveillance Inspector, on regular basis, which is stated to be filled up by promotion from amongst Surveillance Workers. They will consider the case of the petitioner along with other eligible per...
Harihar Prasad Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: 2005(3)BLJR2009; [2005(4)JCR98(Jhr)]
Altamas Kabir, C.J.1. This writ petition has been referred to the Division Bench for hearing and disposal since it involves a question regarding invocation of Rule 74(b)(ii) of the Jharkhand Service Code by the State Government on the recommendation of the Jharkhand High Court recommending compulsory retirement of the writ petitioner.2. The petitioner was appointed as Munsif in the Bihar Judicial Service in the year 1975 and was confirmed in the said post with effect from 24th June, 1977. He was promoted to the post of Sub-Judge on 15th May, 1992 when he was posted at Hazaribagh as Sub-divisional Judicial Magistrate. In June, 1992, the petitioner was transferred to Bhagalpur in the same capacity during which tenure he had occasion to entertain a suit, being Title Suit No. 214 of 1995, filed by the Secretary, Passenger's Association for preventing movement of mechanized country boats in the river Ganges. According to the writ petitioner, he allowed an application for injunction filed by...
Manish Hari Nandan and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: [2005(4)JCR207(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This application has been preferred by the petitioners for direction on the respondents to publish their results of final I.T.I, examination.2. According to the petitioners, they were admitted in I.T.I., Gorhwa. The 1st and 4th petitioners, namely, Manish Hari Nandan and Sanjay Kumar were admitted for the session 2001-03 in the Motor Mechanic Vehicle faculty on 6th May, 2002 where as the 2nd and 3rd petitioners, namely, Rajnish Ranjan and Chintesh Kumar were admitted for the session 2001-03 for the faculty 'Fitter' on 6th May, 2002.3. The grievance of the petitioners is that though they had completed their classes for the session 2001-03 and appeared in the examination held in July, 2003 at Industrial Training Institute of Palamau, but their results have not been published though the results of other students have been published in August, 2004.4. The 3rd respondent, Director, labour Employment and Training Department, Government of Jharkhand, Ranchi has ap...
Rajnath Ram Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: [2005(4)JCR266(Jhr)]
Altamas Kabir, C.J.1. The petitioner joined the State Judicial Service as a Munsif at Buxar in the year 1975 and in due course, his services were confirmed with effect from 2nd February, 1980. He was duly promoted to the post of Sub-Divisional Judicial Magistrate, Chatra, in the year 1980 and subsequently he was transferred as the Sub-Divisional Judicial Magistrate at Pupari at Sitamarhi on 21st May, 1993. While posted at Sitamarhi as Subdivisional Judicial Magistrate, Pupari, he was served with an adverse Annual Confidential Remark relating to the year 1992 93 while he was posted at Chatra. According to the petitioner, on his representation, the said remarks were expunged by this Court. Subsequently, while the petitioner was posted at Sitamarhi, he was serviced with a notice dated 18th March, 1996 asking clarification from him regarding a provisional bail granted by the petitioner on 19th January, 1994, which was subsequently confirmed on 5th March, 1994. The petitioner filed his clar...
Shambhu Prasad Sah Vs. High Court of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: [2005(4)JCR268(Jhr)]
Altamas Kabir, C.J.1. This writ application, along with several other similar writ applications, has been referred to the Division Bench by a learned Single Judge, for hearing and disposal since it involved a question regarding invocation of Rule 74(b)(ii) of the Jharkhand Service Code by the State Government to compulsorily retire the writ petitioner on the recommendation of the Jharkhand High Court.2. The writ petitioner had been initially appointed as a temporary Munsif under the erstwhile Government of Bihar and was confirmed in the rank of the Munsif with effect from 1st April, 1985. He was thereafter empowered to act as Sub-Judge-I-cum-Addl. Chief Judicial Magistrate/ Assistant Sessions Judge in Godda in the month of May, 1990 and according to the writ petitioner during his tenure at Godda, he was involved in certain disputes with the learned District Judge for which he sought his transfer from Godda. It appears that such prayer was rejected by the Patna High Court and ultimately...
Prasan Kumar Nayak and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: [2005(4)JCR343(Jhr)]
M.Y. Eqbal, J.1. In this writ petition, petitioners have challenged the order dated 19.12.2002 issued by respondent No. 3 Managing Director, Bihar State Forest Development Corporation Limited, Patna, Bihar whereby five increments of the petitioners have been withheld and also affecting their future increments. Petitioners are posted as Range Officer in the different districts in Jharkhand State Forest Development Corporation. It appears that some questions were raised on the floor of the Assembly regarding non-observance of reservation policy in the matter of engagement of Munshi by the Range Officer for collection of tendu leaves during the year 1991-92. Petitioners were called upon to submit their explanation/show-cause regarding the non observance of reservation policy in the matter of engagement of Munshi for collection of tendu leaves during the year 1991-92. Petitioners submitted their explanation stating that no illegality was committed in making appointment of Munshi for collec...
Amal Kumar Ghosh Vs. Ramdas and Sons and ors.
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: [2005(4)JCR321(Jhr)]
Altamas Kabir, C.J.1. This matter has been referred to the Division Bench by the learned Single Judge by an order dated 16th December, 2004 in view of the conflicting judgments in the case of Md. Khaliquz Zaman v. Shri H.C. Joshi, reported in 1999 (1) PLJR 362 and in the case of Hardeo Prasad v. Depot Manager, Biscomaun, Hilsa and Ors., reported in 1997 (2) BLJR 1400.2. The instant application raises a short, but interesting point of law as to whether an order passed by the Rent Controller under Sections 5 and 6 of the Bihar (Buildings, Lease, Rent and Eviction) Control Act, 1982 determining the fair rent of a premises can be executed as a decree without taking recourse to a money suit? The other question which also arises as a consequence is whether the order passed by the Rent Controller can be treated to be a decree so as to be capable of execution by a Civil Court under Section 23 of the aforesaid Act.3. The petitioner's case is that the respondents herein filed HRC Case No. 52 of ...
Saikun Bibi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: [2005(4)JCR354(Jhr)]
Altamas Kabir, C.J. and R.K. Merathia, J.1. This appeal is directed against the judgment and order of the learned Single Judge dated 13th May, 2005, dismissing the appellant's writ application being W.P. (C) No. 2233 of 2005, rejecting the appellant's challenge, to the order passed in favour of the respondents under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land), Act, 1961 (hereinafter to be referred to as 'the aforesaid Act').2. There is no dispute that the plot involved in Survey Plot No. 1665 appertaining to Khata No. 41 Measuring 60 decimals situated at Village jhopra in the district of Bokaro and that the same was previously recorded in the name of Shri Ram Pati Das (Sarkar) and Shankar Das. It is also not disputed that Ram Pati Das sold 30 decimals of land located in the plot to respondents No. 2 and 3 (respondents No. 4 and 5 herein) by a registered sale deed dated 5th February, 1988 and that, subsequently, Ram Pati Das and Sha...
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