Jharkhand Court September 2005 Judgments
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Anup Kumar Dan Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-26-2005
Reported in: [2006(1)JCR363(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. The writ petition has been preferred by the petitioner for his appointment on compassionate ground. According to the petitioner, his mother, late Smt. Usha Kujur, was in the services of the State and died in harness on 26th August. 2004 wile working as Assistant Teacher in Dayaram Jain Primary School, Dahi Gora, Ghatsila. After her death, he applied for compassionate appointment and his case was considered by District Compassionate Appointment Committee, which in its meeting held on 27th November, 2004 recommended name of the petitioner along with others for appointment against Class-III post. The proceeding of the Committee was communicated by the Deputy Commissioner, Singhbhum East, Jamshedpur.2. The grievance of the petitioner is that though his name has been recommended by the District Compassionate Appointment Committee, the District Superintendent of Education, Singhbhum East, Jamshedpur has not yet issued the letter of appointment.3. Learned Coun...
Dr. Vijoy Kumar Srivastava Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-26-2005
Reported in: [2006(2)JCR229(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. The petitioner was in the services of the Ranchi University. As per Section 67 of the Jharkhand State Universities Act, 2000 (originally Bihar State Universities Act, 1976), he was to superannuate on 30th June, 2005 on completion of 60 years of age. On proposal by the State Government to enhance the age of superannuation from 60 to 62 years, the mater was placed before the Cabinet and the Cabinet approved the proposal on 14th December, 2004. Thereafter, Gazette Notification was issue on 25th July, 2005 vide Annexure 7, suitably amending Section 67 of the Jharkhand State University Act, 2000 and the age of superannuation was increased from 60 to 62 years. 2. The writ petition was preferred by the petitioner for direction on the respondents to implement the decision of the Cabinet of Government of Jharkhand, as held in its meeting dated 14th December, 2004. According to the respondents, now the said decision having already been implemented, the writ petit...
Sheojee Pandey Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Sep-23-2005
Reported in: [2005(4)JCR365(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This case was taken up on 25th August, 2005 when the following order was passed :-'The petitioner has challenged the order dated 13th June, 2005 issued by the Accounts Officer, Transmission Circle, Ranchi.The grievance of the petitioner is that the amount as shown to have been deposited by Cheque dated 11th June, 2005, has been deposited in some other account and not in the account of the petitioner. Further grievance of the petitioner is that though Motor Cycle loan has already been deposited by him but again certain amount has been recovered with interest.Learned counsel for the petitioner further submitted that the respondents after retirement of petitioner cannot recover any amount on the ground of not passing Hindi Noting & Drafting Examination. Objection has also been raised with regard to penal rent on the ground that the retiral benefits were not paid in time.Counsel for the Jharkhand State Electricity Board prays for and is allowed three weeks time...
Satish Kumar Singh Vs. Central Coalfields Ltd.
Court: Jharkhand
Decided on: Sep-23-2005
Reported in: [2006(1)JCR416a(Jhr)]
ORDERM.Y. Eqbal, J. 1. The petitioner has prayed for quashing the order as contained in letter dated 19.11.2004 issued by the General ManagCCL, Ranchi whereby the claim of the petitioner for appointment has been refused.2. It appears that in 1985 the land of the petitioner's father was acquired under 'Land Looser Scheme'. The petitioner's father applied for appointment in 1994, but because of his over age his appointment was cancelled. In 1995, as advised by the respondents, the petitioner applied for appointment under 'Land Looser Scheme' which has been refused by the impugned order.3. It is not the case of the petitioner that against the acquisition of the land compensation has not been paid to his father. Besides payment of compensation the petitioner claims employment. It is now well settled that besides payment of compensation the land owner cannot, as a matter of right, claim employment. It is for the authority, for whose benefit land has been acquired, to take the decision for g...
Ratan Mandal Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-21-2005
Reported in: 2005(3)BLJR2360; 2006CriLJ781; [2006(1)JCR149(Jhr)]
ORDERAmareshwar Sahay, J.1. This application has been filed for quashing of the order dated 29.11.2004 passed by the Sessions Judge, Sahebganj, dismissing the revision application filed by the petitioner on the ground that refusing to release an accused on bail under Section 167(2), Cr PC was not a final order rather was an interlocutory order therefore, the revision filed by the petitioner was not maintainable.2. The facts in short are that the informant Nimai Ghosh lodged a first information report on 26.6.2004 alleging inter alia that on 17.6.2004, his minor sister Mamuni Ghosh aged about 13 years was enticed away by the petitioner and others in order to marry her and she was taken towards Farakka in a car. The informant came to know about the said fact from his wife when he returned home. He further alleged that he made hectic search for his sister but she could not be traced out.On the basis of this information the FIR was registered under Section 366-A/34 of the Indian Penal Code...
Poulush Pahan Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Sep-21-2005
Reported in: 2006CriLJ785; [2006(1)JCR146(Jhr)]
ORDERAmareshwar Sahay, J.1. The petitioner has challenged the order dated 2.8.2004, whereby the ACJM, Khunti in exercise of powers under Section 49 of Juvenile Justice (Care and Protection of Children) Act, 2000, hereinafter called as J.J. Act. 2000, determined the age of the petitioner to be more than 18 years and, thereby, held him to be not a Juvenile.2. A First Information Report being Murhu P.S. Case No. 10/2002 was registered under Section 314 of the IPC against the petitioner on the information lodged by one Budhu Munda.3. It was alleged in the FIR that the petitioner had love affairs with the married daughter of the informant in course of time she became pregnant which led to her ill ness. The petitioner is alleged to have given her some herbal medicine for abortion, which she took and due to which she died.4. The Police after investigation submitted charge sheet against the petitioner under Section 314 of the IPC and then the case was committed to the Court of Session and the ...
Bhairo Singh and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Sep-19-2005
Reported in: [2006(1)JCR66(Jhr)]
R.K. Merathia, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 17.2.1994, passed by Shri Alakh Kumar Dubey, 1st Additional Sessions Judge, Doghar in Sessions Case No. 77 of 1991 convicting the appellants under Section 395, IPC and sentencing him to undergo R.I., for ten years each.2. The prosecution case in short is that on 22.8.1974 between 9 and 10 p.m. at village Bara Khairwa, P.S. Jasidih, District Deoghar, the informant Arjun Prasad Rai along with his brother Sahdeo Rai was sitting in the courtyard in front of his house. It is alleged that appellants entered into the house of the informant with 'lathi', 'barchha', 'sambal', 'farsa. On the sight of the aforesaid persons, the informant and his brother, managed to go inside his house through window and bolted the door from inside. Some of the appellants entered into his shop and some broke the door and also threw bomb on the courtyard which caused injury on the leg, abdomen and hand of the ...
Sukhdeo Rai and anr. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Sep-19-2005
Reported in: 2006CriLJ913; [2006(1)JCR143(Jhr)]
R.K. Merathia, J.1. This case has been transferred from Patna. As no body appeared on behalf of the appellants, Miss. Sweety Topno assisted the Court on behalf of the appellants.2. This appeal arises out of the judgment dated 10.6.1994 passed by Shri Mahesh Prasad Tiwari, 1st. Additional Sessions Judge, Dumka convicting the appellants under Section 396 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for ten years.3. One Bishwajit Hembrom, the informant of the case (PW 9) lodged a first information report on 28.1.1992 at 5 a.m. that in the previous night, he, his wife Smt. Sanodi Kishu (PW 4) and his brother Manoj Kumar Hembrom (PW 15) were sleeping in their house and his grand mother (Manti Soren) was sleeping in the Kitchen. The doors of the house were closed with the help of a piece of wood 'Hurka'. At about 1 a.m. in the night, the informant and his wife woke up due to dashing on the door. Torch flashed in the room and in the torch light, he saw 4 to 6 ...
Nabiul Hassan and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-19-2005
Reported in: 2005(3)BLJR2339; [2006(1)JCR31(Jhr)]
M.Y. Eqbal, J.1. Heard the parties.2. The only question that falls for consideration in this writ application is to whether the Additional Collector of a district or any sub-division is vested with the power to act as Deputy Commissioner and to pass order under Section 71-A of the Chhotanagpur Tenancy Act.3. In the instant case, an application under Section 71-A of the C.N.T. Act was filed by the private respondent against the petitioner for restoration of land on the ground inter alia that petitioner came in possession of the said land by virtue of illegal transfer. The Additional Collector, Lohardaga passed order of restoration in favour of the said respondents.4. Mr. Amar Kumar Sinha, learned Counsel for the petitioner brought before me two notifications dated 20.9.1974 and 31.7.1982 by which the Land Reforms Deputy Collector has been vested with the power of Deputy Commissioner for the purpose of deciding the case under Section 71-A of the C.N.T. Act.5. Mr. S.N. Lal. learned Counse...
Chandramani Pandey and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-19-2005
Reported in: AIR2006Jhar49; [2006(1)JCR44(Jhr)]
M.Y. Eqbal, J.1. In this writ petition, petitioners have prayed for quashing the order dated 17.8.1991 passed by respondent No. 4 in Revision Case Nos. 261 to 264 of 1990 and the order dated 15.9.1998 passed by respondent No. 2, Commissioner, Palamau Division in Survey Appeal No. 131 to 134 of 1991.2. Petitioner's ease is that the land appertaining to old Khata No. 75, Plot No. 9 (new Khata No. 1, Plot No. 19) measuring 1.91 acres of village Lover Pandu, P.S. Bishrampur, Distt-Palamau stood recorded as raiyati land in the name of Pali Ram Pandy. Just after four years from last survey settlement operation Pali Ram Pandey died leaving behind two sons Sheo Ram Pandey and Guput Pandey. In the year 1941 both the above named sons transferred the aforementioned land in favour of one Bharal Shukla by virtue of registered sale deed elated 11.12.1941 and the purchaser came in possession of the same after mutating his name and started paying rant. Bharat Shukla in his turn transferred the said la...
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