Jharkhand Court September 2005 Judgments
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Vikromatic Steels Pvt. Ltd. Vs. the Jharkhand State Electricity Board ...
Court: Jharkhand
Decided on: Sep-19-2005
Reported in: [2006(1)JCR57(Jhr)]
M.Y. Eqbal, J.1. Heard the parties.2. Petitioner has prayed for quashing of the Bill dated 7.6.2000 served on the petitioner whereby the demand of Rs. 16,22,788/- being the cost of construction of a separate 33 KV line has been included in the bill of the petitioner.3. In 1996 the petitioner applied for H.T. Electrical connection for 1300 K.V.A. respondent Board sanctioned the supply of electricity and estimated cost of Rs. 1,30,693/-was charged which was deposited by the petitioner but on protest. High Tension line of the petitioner was energized taut subsequently a fresh estimate of Rs. 13,98,573/-was sent to the petitioner with a direction to make payment of the said amount being the cost for construction of a separate 33KV Feeder. Petitioner vehemently challenged the said demand on the ground that neither the Act nor the Rule permits for recovery of such amount which the Board incurred in the construction of separate feeder.4. In the counter affidavit filed by the respondent-Board,...
The Management of Bokaro Steel Plant Vs. the Presiding Officer and anr ...
Court: Jharkhand
Decided on: Sep-19-2005
Reported in: 2006(1)BLJR80; [2006(1)JCR182(Jhr)]
S.J. Mukhopadhaya, A.C.J.1. This writ petition was preferred by the Management of Bokaro Steel Plant, Bokaro, against the award dated 17th March, 2001, pronounced by the Presiding Officer, Labour Court, Bokaro Steel City Bokaro, on 16th August, 2001 in Reference Case No. 4 of 1995. By the said award, the reference was answered in favour of the workman-2nd respondent.2. It appears that the Government of Bihar vide Notification No. 4/D2-14034/95 L and E dated 11th August, 1995, in exercise of power conferred under Clause (C) of Section 10(1) of the Industrial Disputes Act, 1947 referred the following dispute to the Labour Court, Bokaro :Whether to take work of Store Keeper from Shri Tarkeshwar Mahto, Staff No. 690067, Junior Assistant Town Administration Department Bokaro Steel Plant by the Management and not to give designation and pay scale of the said post is justified? If not, to what relief he is entitled and from which date?3. By the impugned award, the reference having been answer...
Babu Mian and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Sep-19-2005
Reported in: 2006CriLJ915; [2006(1)JCR185(Jhr)]
ORDERR.K. Merathia, J.1. Heard.2. This case has been transferred from Patna, Nobody appeared on behalf of the appellants. However, Ms. Shaila Minz, assisted the Court on behalf of the appellants as arnicas cariae.3. This appeal is directed against the judgment of conviction and sentence dated 8.7,1994, passed by Shri Shyama Prasad Singh, Sessions Judge, Deoghar in Sessions Trial No. 120 of 1992 convicting the appellants under Section 225, IPC and sentencing them to undergo rigorous imprisonment for one year each. By the same judgment one Munna Mian @ Bablu Mian was convicted for the charges under Section 376/511, IPC and was sentenced to undergo RI for five years. However, we are concerned in this case with the appellants who have been convicted under Section 225, IPC.4. The prosecution case in short is that on 22.6.1990, at village-Khairabad, PS, Madhupur, District-Deoghar, the said Munna Mian attempted to commit rape on the informant Suraj Marii Soren (PW 4) at about 5.30 p.m., when ...
Hemlal Mahtha and ors. Vs. State of Bihar
Court: Jharkhand
Decided on: Sep-19-2005
Reported in: [2006(1)JCR202(Jhr)]
Amareshwar Sahay, J.1. In this application, the petitioners have prayed for quashing of the order dated 3.9.1998, whereby the prayer for discharge of the petitioners was refused by the Court below.2. The facts, in short, giving rise to this application are that a First Information Report being Peterwar P.S. Case No. 123 of 1988 was registered under Sections 465, 463, 471, 467 and 120-B. IPC against the petitioner and others after the Additional Chief Judicial Magistrate sent the complaint petition filed by the complainant, Saroj Kumar Pandey to the police for Instituting a case.3. It was alleged in the complaint that the complainant and five others jointly pur chased Plot Nos. 49 and 50 measuring 3.20 acres of land in village Kurumba. P.S. Chandrapura under Khata No. 306/292 through a registered sale deed on 24.6,1975 from Smt. Ram Pati Devi on a valuable consideration of money. It was further alleged that the accused Nos. 1 to 5 named in the complaint petition wanted to purchase the s...
Satyanarayan Mahto Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-16-2005
Reported in: [2006(1)JCR50(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This application has been preferred by the petitioner against the order contained in Letter No. 4786, dated 20th September 2004 issued by District Superintendent of Education, Ranchi. By the said order the authority rejected the claim of the petitioner for salary for the period from January 2002 onwards and held that salary for the period of unauthorized absence will not be paid on the principle of 'No work no pay'.2. According to petitioner he was transferred in December 2002 to Ulilahar Middle School, Tamar Block, District Ranch! where he submitted his joining but the Headmaster refused to accept the joining. Thereafter his joining having not been accepted and he having not been paid salary since January 2002 moved before this Court in WP (S) No. 5132 of 2003 for acceptance of his joining and payment of salary. This Court by its order dated 5th February 2004 held as follows :-It has been categorically stated in para 6 of the writ petition that when th...
Power Engineers Service Association Vs. Jharkhand State Electricity Bo ...
Court: Jharkhand
Decided on: Sep-16-2005
Reported in: [2005(4)JCR366(Jhr)]
ORDER1. This writ petition was preferred by petitioner, Power Engineers Service Association against the Employment Notice No. 5/05 published in the newspaper 'HINDUSTAN' On 13th May, 2005, whereby and whereunder, applications were invited from retired employees for filling up the posts of engineer and other posts.2. Earlier, it was brought to the notice of the Court that a large number of retired employees have been engaged without following the procedure for appointment in spite of specific order passed by a Bench of this Court in WP (S) No. 3746 of 2001. Taking into consideration the facts and circumstances, the following order was passed by this Court on 20th July, 2005 :'From the writ petition it appears that the petitioner has earlier moved before this Court vide WP (S) No. 3746 of 2001 with a prayer for issuance of a writ of mandamus, restraining the respondents from appointing the retired persons and also from taking the services of Engineers from other Organizations, on deputat...
Md. Mustafa @ Mustafa and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Sep-16-2005
Reported in: 2006(3)BLJR2363; 2006CriLJ786; [2006(2)JCR174(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the learned Counsel for the parties.2. The grievance of the petitioners in this application is that the Court below without appreciating the fact and law involved in the case and without applying his judicial mind, in a mechanical manner, rejected the prayer for discharge of the petitioners by dismissing the petition, filed by the petitioners.3. The relevant facts of the case are as under:-The O.P. No. 2 Farida Khatoon filed a complaint before the Chief Judicial Magistrate, Jamshedpur against her husband and her in laws for the alleged commission of the offence under Sections 498A and 406 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act. 4. The complainant was examined on solemn affirmation and the learned Sub-Divisional Judicial Magistrate, Jamshedpur held enquiry under Section 202 CrPC and, thereafter, took cognizance of the offence alleged and issued processes against the accused persons on 28-7-2001.5. Thereafter, it appe...
Neganum Suppliers Pvt. Ltd. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-16-2005
Reported in: [2006(1)JCR53(Jhr)]
M.Y. Eqbal, J.1. In this writ, application the only question that falls for consideration is as to whether affixing the Hologram on the bottles of foreign liquor by retail trader violates the provisions of Excise Act and the rules made thereunder.2. Petitioner M/s. Neganum Suppliers Pvt. Limited (N.S.P.L.) is engaged in the business of retail sale of India made foreign liquor under a license issued by the Assistant Commissioner of Excise, Bokaro. The Commissioner of Excise, Jharkhand, Ranchi issued order dated 1.6.2005 to all Assistant Commissioner/Superintendent of Excise directing stoppage of affixture of hologram on the bottles of India made foreign liquor and to take appropriate action against such user. In compliance of the aforesaid order respondent No. 4 Inspector of Excise, Bokaro inspected the premises of the petitioner and found that in all the bottles of India made foreign liquor hologram was affixed. Accordingly, the said respondent ordered stoppage of sale of India made fo...
Maina Devi and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-15-2005
Reported in: [2005(4)JCR214(Jhr)]
ORDERM.Y. Eqbal, J.1. The petitioners claiming themselves to be the daughters of late Badhni Ghatwarin, have challenged the order dated 11.2.2005 passed by the Land Acquisition Judge, Bokaro in L.A. Execution Case No. 9/90 whereby the learned Judge refused to allow the petitioners to continue the execution proceeding by substituting their names in place of the deceased, Budhni Ghatwarin for the recovery of the compensation amount.2. It appears that the raiyati land belonging to late Budhni Ghatwarin was acquired for construction of Bokaro Steel Plant and a award was passed. Late Budhni Ghatwarin being dissatisfied with the amount of compensation, got the matter referred to Land Acquisition Judge under Section 18 of the Land Acquisition Act for enhancement of compensation. The amount of compensation was enhanced by the Land Acquisition Judge in L.A. Case No. 12/96. The deceased, Budhni Ghatwarin levied Execution Case No. 9/90 for the recovery of the compensation amount. It is stated by ...
Sukhdeo Oraon and ors. and Lal Bahadur Mishra and ors. Vs. State of Jh ...
Court: Jharkhand
Decided on: Sep-15-2005
Reported in: [2005(4)JCR469(Jhr)]
M.Y. Eqbal, J.1. In these wit petitions, petitioners have prayed for issuance of an appropriate writ, order or direction commanding upon the respondents, particularly respondent Nos. 2 to 4 to post them on the post of Deputy Superintendent of Police within the State of Jharkhand consequent upon their having been allocated Jharkhand Cadre vide order dated 10.3.2005 and to pay their salary since March, 2005.2. The facts of the case lie in a narrow compass :Petitioners were initially appointed in the rank of Sub-Inspectors and subsequently they were promoted to the post of Deputy Superintendent of Police on various dates. Petitioners were posted against various posts and started discharging their duties since June, 2004. Consequent to Bihar Reorganization Act, 2000, they were allotted Jharkhand Cadre vide order dated 10.3.2005 and were directed to join at Ranchi. Petitioners duly submitted their joining at Ranchi in the State of Jharkhand which was accepted by the Director General of Poli...
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