Jharkhand Court August 2005 Judgments
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Ranjeet Roy Choudhary @ Ranjeet Kumar Choudhary and Azad Anwar Vs. Sta ...
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: 2006CriLJ769; [2005(4)JCR300(Jhr)]
Amareshwar Sahay, J.1. Since nobody appeared on behalf of the appellant in Criminal Appeal No. 156 of 1994 (P) namely Azad Anwar and therefore, this Court requested Mr. D.K. Bharati, learned counsel who is appearing for Ranjeet Roy Choudhary @ Ranjeet Kumar Choudhary, the appellant in Criminal Appeal No. 176 of 1994 (P), to appear and advance his arguments on behalf of the appellant Azad Anwar in Criminal Appeal No. 156 of 1994 (P) also and accordingly, both the appeals were heard together. Since both appeals arises against the same impugned judgment and as such both the appeals are being disposed of by this common judgment.2. Both the appeals arise against the judgment and order dated 18.5.1994, passed by the Sessions Judge, Deoghar in Sessions Case No. 1 of 1994, whereby, the learned Sessions Judge convicted both the appellants under Section 366 of the Indian Penal Code and sentenced them to undergo R.I. for a period of five years each.3. The charge against both the appellants were f...
Bank of India Vs. Tata Iron and Steel Company Ltd. and ors. and Bihar ...
Court: Jharkhand
Decided on: Aug-10-2005
Reported in: II(2006)BC183; [2005(4)JCR346(Jhr)]
Altamas Kabir, C.J.1. These appeals arise out of a common judgment and order passed by a learned Single Judge while disposing of the two writ applications filed by the Tata Iron & Steel Company Limited (Tisco) and the Bihar State Industrial Development Corporation Limited (BSIDC), being CWJC No. 3510 of 2000 (P) and CWJC No. 8842 of 2000 (P).2. The first of the two writ petitions was filed by TISCO against the order dated 1/2/2000 passed by the Presiding Officer, Debts Recovery Tribunal, Patna, in OA No. 2 of 1997, whereby the petition filed by the Bank of India, Chirkunda Branch, Dhanbad under Section 19(4) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 was allowed ex parte with costs and interest pendente lite and future at the rate of 12 per cent per annum until full and final realization of the amounts. A direction was given to issue certificate under Section 19(7) of the aforesaid Act and to forward the same to the Recovery Officer, Debts Recovery Tribu...
Ajay Kumar Thakur and anr. Vs. State of Jharkhand Through Secretary, D ...
Court: Jharkhand
Decided on: Aug-09-2005
Reported in: [2005(4)JCR39(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioners for direction on the Respondents to consider their case and to appoint them to the post of primary trained teachers in the district of Bokaro.2. The brief fact of the case is that the 4th Respondent invited applications for appointment to the post of Primary Trained Teachers by publishing advertisement in the newspaper dated 28th August, 2002. The last date for submission of applications was fixed as 30th September, 2002.3. According to the first petitioner, who holds the qualification of M.Sc. (Chemistry), had completed his B.Ed, study from Patna Training College, Patna. His final examination having started since 16the September, 2002, he also applied for appointment to the post advertised post. The result of the B.Ed, examination was published in the month of December, 2002.4. On the other hand, according to the second petitioner, he is M.A. (Labour and Social Welfare) and had also completed his B.Ed, st...
Tata Workers' Union Its through President Sri R.B.B. Singh Vs. State o ...
Court: Jharkhand
Decided on: Aug-09-2005
Reported in: [2005(4)JCR278(Jhr)]; (2006)ILLJ1045Jhar
S.J. Mukhopadhaya, J.1. This writ application has been preferred by the petitioner against the Notice, contained in Order No. 199, dated 4th February, 2005, issued by the 2nd respondent, Registrar of Trade Union under Section 10(b) of the Trade Unions Act, 1926 (hereinafter referred to as '1926 Act'), whereby and where under the petitioner was asked as to why its registration be not cancelled. The petitioner has also challenged the order dated 6th May, 2005 passed by the said 2nd respondent, whereby and where under in exercise of power under Section 10(b) of the 1926 Act, the petitioner's registration has been cancelled.2. The learned Advocate General, who appeared on behalf of respondents, opposed the writ petition and raised preliminary objection, there being alternative remedy of appeal available to the petitioner. This issue shall be discussed at appropriate stage.3. Learned counsel for the petitioner submitted that the petitioner's Trade Union is about 70 years old. It is guided b...
Hamid Shaikh Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-09-2005
Reported in: 2005(3)BLJR1863; [2005(4)JCR149(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This application has been preferred by the petitioner for issuance of an appropriate writ/orders/direction in the nature of mandamus, commanding upon the respondents to issue letter of appointment to the post of Primary Trained Teacher in favour of the petitioner, he having been declared successful in the Primary Trained Teachers Recruitment Examination, 2002-2003, conducted by the Jharkhand Public Service Commission (JPSC for short). Further prayer has been made to direct the 6th respondent B.N. Mandal University, Mad-hepura (University for short) to issue requisite pass/degree certificate for B.Ed. course, he having come out successful in B.Ed. Examination, held by the University, result of which was published on 22nd September, 1997.2. According to the petitioner, he was admitted in one Millia Fakhurddin Ali Ahmad B.Ed. Teachers Training College, Rambagh, Purnea for the Sessions 1995-96. The aforesaid B.Ed. Teachers Training College is an affiliated coll...
Saheb Kumar Vs. State of Jharkhand Through Director General of Police ...
Court: Jharkhand
Decided on: Aug-09-2005
Reported in: [2005(4)JCR281(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioner against the order of appointment of 4th respondent, namely, Ranjan Sao to the post of cook. Further prayer has been made to direct the respondents to appoint the petitioner as cook against the post reserved for Scheduled Caste Category.2. The brief fact of the case is that the respondent Commandant, Jharkhand Armed Police-6, Jamshedpur (hereinafter referred to as the J.A.P. 6, Jamshedpur) issued one advertisement No. 1/2004 published in the newspaper on 18th October, 2004 calling for applications for appointment against Class-IV post of cook (Rasoiya); Water Puller (Jalwahak); Sweeper (Jharukas); and Barber (Nayee) as were vacant under J.A.P. 6 Jamshedpur and J.A.P. 2, Tatisilwai, Ranchi. The candidates were asked to submit their applications by 27th October, 2004.So far as post of cook is concerned, four posts were notified and shown vacant under J.A.P. 6, Jamshedpur which were divided amongst the followin...
Kamdeo Mahto Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Aug-09-2005
Reported in: [2005(4)JCR288(Jhr)]
R.K. Merathia, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 27.5.1994 passed by the Sessions Judge, Hazaribagh in Sessions Trial No. 49 of 1992, whereby the learned Sessions Judge convicted the appellant under Sections 304-B and 498-A of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years under Section 304-B of the Indian Penal Code and three years under Section 498-A of the Indian Penal Code. However, both the sentences have been ordered to run concurrently.2. The prosecution case in brief is that the deceased Smt. Padum Devi was married with the appellant in the year 1986 and, at the time of marriage, dowry was given. After the marriage, a Scooter was demanded by the accused-persons but, in lieu thereof, a Hero Moped was given. After one year of the marriage, the appellant started demanding service from the informant, in lieu of the land of the informant, which was taken by the Central Coalfields Limite...
Hari Kishun Yadav Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-09-2005
Reported in: [2005(4)JCR352(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioner against Order No. 162/2000, Godda dated 28th December, 2000 passed by the learned District and Sessions Judge, Godda, in Departmental Proceeding No. 1 of 2000, whereby and whereunder, the petitioner has been dismissed from service.2. Grievance of the petitioner is that the impugned order of dismissal has been passed on the basis of enquiry report, which is not based on proper appreciation of evidence.3. Brief fact of the case is that the petitioner was appointed as a Class IVth employee (Peon) in the Civil Court, Godda, vide letter No. 663, dated 28th September, 1989. While in service, he was put under suspension by Order No. 29/1994, dated 5th March, 1994 issued by the District and Sessions Judge, Godda on the allegation of producing forged certificate in proof of his age. Thereafter, charge-sheet was served on him on 18th March, 1994 but without any departmental proceeding, he was dismissed from service v...
Ayub Ansari Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Aug-09-2005
Reported in: [2006(1)JCR67(Jhr)]
R.K. Merathia, J.1. Nobody appeared for the appellant. However, Mr. Pramod Kumar Choudhary, assisted the Court on behalf of the appellant as Amicus Curiae and Mr. A.B. Mahato on behalf of the State.2. This Appeal arises out of the judgment dated 21.5.1991 passed in Special Case No. 21 of 1986 convicting the appellant under Section 7 of the Essential Commodities Act and awarding him the sentence of rigorous imprisonment of two years.3. The prosecution case in short is that the appellant was a dealer under Public Distribution System having a licence No. 562 of 1985 and had his fair price shop at Village Koeridih P.S. Narayanpur. On 16.4.1986, the Circle Officer alongwith the then Supply Inspector, Narayanpur Block inspected the said fair price shop of the appellant and found that the stock of wheat was nil in the Stock Register. From the local enquiry they found that no wheat was supplied out of the quota of the month of March, 1986 but the same was shown supplied for the said period aga...
Md. Mustaque Ahmed and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-08-2005
Reported in: [2005(4)JCR390(Jhr)]
ORDER1. This appeal is directed against the judgment and order dated 16th May, 2005 passed by the learned Single Judge on the writ application filed by the appellants herein, being WPS 6669 of 2004, See 2005 (3) JCR 31 (Jhr) dismissing the same as being without any merit.2. As would appear from the materials on record, the petitioners are Ummidwar peons empanelled since 1991 and are eligible for appointment against Class IV posts, in terms of the policy of the State Government. According to the appellants, in order to make such appointments, the Deputy Commissioner, Hazaribagh, issued notice for holding written competitive test for appointment against the said posts. As was recorded by the learned Single Judge, the only question which arose, is whether the respondents could hold such a written competitive test for appointment against Class IV posts of Peon. Relying on an earlier decision of this Court in the case of Gangadhar Bhandari v. Government of Jharkhand and Ors., WP (S) No. 495...
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