Jharkhand Court February 2006 Judgments
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Arvind Kumar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-22-2006
Reported in: [2006(4)JCR594(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The petitioner applied for appointment to the post of Primary Trained Teacher, in pursuance of an Advertisement, published by Jharkhand Public Service Commission in the year 2002. He was allowed to appear in the written test with Roll No. 010211200693.2. According to the petitioner, though he appeared in the written test, held on 27th May, 2003 and was declared successful, the respondents have not issued letter of appointment in his favour, though several others, whose names have been recommended, have already been appointed.3. The petitioner was allowed time to file supplementary affidavit, stating therein, as to whether he had passed the Teachers Training Examination from an Institute, recognized by National Council of Teachers Education or by a University/Board. In the supplementary affidavit, while the petitioner has enclosed a copy of the College Leaving Certificate and mark-sheet, has stated that he has passed Teachers Training Examination, held in th...
Braj Kishore Prasad Sinha Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-21-2006
Reported in: [2006(2)JCR113(Jhr)]
ORDER1. The appellant, who was in the services of the State, while posted as Junior Statistical Supervisor in District Statistic Office, Purnea, regarding five charges a departmental proceeding was initiated against him and on the basis of the report, submitted by the enquiry officer, he was removed from service vide order No. 475 dated 24th April, 1976. The appeal, preferred against the said order, having been rejected, the petitioner moved before the Patna High Court in C.W.J.C. No. 4290 of 1981, wherein the order of removal was set aside by a Division Bench of Patna High Court on 23rd March, 1984. Liberty was given to the enquiry officer to obtain specimen signatures of one Dharnidhar Jha and the petitioner and to get the opinion of handwriting expert before giving a final finding. The appellant was, thereafter, re-appointed and continued in service.2. According to the counsel for the appellant, the respondents also decided to drop the proceeding vide Memo No. 2127, dated 9th Septem...
Shambhu Nandan Kumar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-21-2006
Reported in: AIR2006Jhar72; [2006(2)JCR205(Jhr)]
R.K. Merathia, J.1. Heard the Parties.2. Petitioner has prayed for quashing order dated 28.4.2005 (Annexure-9) issued by the Commissioner, Santhal Pargana Division, Dumka (Respondent No. 4) and the letter dated 10.5.2005 issued by the Special Officer, Pakur Municipality, Pakur (Respondent No. 3), whereunder and whereby the settlement for collection of truck toll taxes for the year 2005-2006 made in favour of the petitioner was cancelled and it was settled in favour of respondent No. 5.3. According to the petitioner, for collection of the said toll, Rs. 2,4,60,900.00 was kept as reserve price. Bids were held on 11.3. 2005, 17.3.2005, 23.3.2005 and 28.3.2005, but they were cancelled as no body offered the reserve price. Then again bid was held on 2.4.2005, in which petitioner's highest offer of Rs. 12,11,000.00 was accepted by the respondent Nos. 2 and 3, in view of the aforesaid situation. Petitioner deposited Rs. 6,05,500.00, i.e., 50% of the bid amount as asked. An agreement was enter...
Smt. Bindhya Basini Mishra Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-21-2006
Reported in: [2006(2)JCR242(Jhr)]
ORDER1. This writ application has been preferred by the widow of late B.N. Mishra, who was Superintending Engineer under the respondent State. While, in service, he was kidnapped from his office by the extremists on 16th August, 1997 and having been killed, his dead body was recovered on 17th August, 1997.2. The writ petition has been preferred by the petitioner for a direction on the respondents to pay her Rs. 1,00,00,000/-(one crore) as compensation and any other relief, to which she is found entitled.3. From the counter affidavit, it appears that the husband of the petitioner was one of the members of the District Engineering Service Association (hereinater to be referred as 'Association'). The matter was taken up with the State Government, in pursuance of a decision, as taken place on 19th August, 1997 and it was decided by the State and communicated vide letter No. 402 dated 20th August, 1997 that the family of late B.N. Mishra will get ex gratia payment of Rs. 10,00,000 (ten lacs...
State of Jharkhand and anr. Vs. Smt. Alice Purti and ors.
Court: Jharkhand
Decided on: Feb-21-2006
Reported in: [2007(1)JCR488(Jhr)]
ORDER1. A writ petition CWJC No. 2162 of 1999 (R) was preferred In respondent, Smt. Alice Purty lor payment of leave encashment and other dues. It was allowed by the learned single Judge vide judgment dated 20th August, 2002. The present appeal has been preferred by the appellant-State of Jharkhand against the aforesaid judgment after delay of 557 days, which was condoned being satisfied with the ground shown in the petition (IA No. 1300/04).2. In the meantime, the appellant-State of Jharkhand filed Civil Review No. 81 of 2002 for reviewing the aforesaid judgment dated 20th August, 2002 passed in C.W.J.C. No. 2162 of 1999 (R). which was also dismissed by a detailed judgment dated 19th March. 2004. L.P.A. No. 295 of 2004 was preferred against the judgment passed in review. A Division Bench of this Court by its order dated 6th January. 2006 dismissed the appeal.3. In fact, the Letters Patent Appeal against the order passed in review was preferred earlier and much later present Letters Pa...
Munna Pandey and anr. Vs. State of Bihar
Court: Jharkhand
Decided on: Feb-20-2006
Reported in: [2006(2)JCR120(Jhr)]
ORDER1. Appellants, two in number, were tried before the 1st Addl. Sessions Judge, Dumka in Sessions Case No. 31 of 1986/16-A of 1989. The 1st appellant, Munna Pandey was charged under Sections 302/307 of the Indian Penal Code, on the allegation that he caused injuries to deceased Umesh Prasad Sah and also attempted to murder PW 5, Umesh Prasad Gupta during the course of same transaction. The 2nd appellant Bhim Mandal was charged under Section 302/34, IPC as well as 324, IPC on the allegation that he shared the common intention of the other in causing death of the deceased by inflicting injuries to Bahadur Turi, PW 9 when he went to rescue the deceased Umesh Prasad Sah. Learned trial Judge finding the 1st appellant guilty under Section 302/34, IPC sentenced him to rigorous imprisonment for life and also found him guilty under Section 307, IPC for which he was sentenced to five years RI. The 2nd appellant, on being found guilty as charged was sentenced to rigorous imprisonment for life ...
Central Coalfields Ltd. Vs. Jageshwar Mahto and ors.
Court: Jharkhand
Decided on: Feb-20-2006
Reported in: [2006(109)FLR1123]; [2006(2)JCR207(Jhr)]
ORDER1. The father of respondent-writ petitioner, late Jugal Mahto, who was in the service of appellant-Central Coalfields Limited (hereinafter referred to as C.C.L.), died in harness on 14th September, 1999. The respondent-writ petitioner being the dependent, applied for compassionate appointment after ten months from the date of death of his father, though six months period was prescribed for filing such application. In this background, the appellant rejected his claim for compassionate appointment. Learned Single Judge having noticed another decision of the learned Single Judge of this Court in the case of Roopna Manjhi v. Central Coalfields Ltd. and Ors. reported in 2003 (1) JCR 324 (Jhr), allowed the writ petition had directed the appellant to consider the case of respondent-writ petitioner for compassionate appointment.2. Counsel for the appellant brought to the notice of the Court a decision of this Court in Lal Mani Devi v. Central Coalfields Limited W.P. (S) No. 4461 of 2004, ...
Shambhulal Agrawal Vs. Pannalal Ramnarayan and ors.
Court: Jharkhand
Decided on: Feb-17-2006
Reported in: [2006(2)JCR417(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard Mr. P.K. Prasad, learned counsel appearing for the petitioner.2. This application under Article 227 of the Constitution of India is directed against the order dated 5.8.2005 passed by the Subordinate Judge-I, Hazaribagh in Execution Case No. 1 of 2004, whereby she has rejected the objection filed by the petitioner- judgment debtor under Order XLVII, CPC. The petitioner challenged the award of the arbitrator as being illegal and inexecutable as the same being a nullity.3. Mr. P.K. Prasad, learned counsel, submitted that the very proceeding for appointment of the arbitrator initiated by the other side was illegal and void and, therefore, the award is a nullity. Learned counsel has strongly relied on the decision of the Supreme Court reported in : AIR2005SC214 , Dharma Prathisthanam v.Maddhok Construction Pvt. Ltd.4. From perusal of the impugned order, it appears that the respondent invoked arbitration clause and appointed arbitrator. The arbitrator, so appoint...
Gopal Prasad and anr. Vs. Lakshmi Prasad and anr.
Court: Jharkhand
Decided on: Feb-16-2006
Reported in: AIR2006Jhar52; [2006(2)JCR56(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties.The petitioners are defendants No. 1 and 2 in the suit. They have prayed for quashing the order dated 23.6.2005 passed by the Subordinate Judge, Hazaribagh in Title Suit No. 76 of 1996 by which the learned Court below rejected the petitioners' application dated 13.2.2004 praying for amendment in the written statement.2. The learned trial Court after hearing the parties has rejected the prayer for amendment of the written statement by the order impugned on the ground that the amendment sought for is not consistent with the plea taken in the original written statement and the right of the other parties should not get defeated by way of amendment and that the amendment would cause injury to the plaintiff and defendant No. 3.3. Mr. P.K. Prasad, learned counsel appearing for the petitioners submitted that since the properties were purchased several years ago by their father, therefore, they were not fully aware of the family affairs of Shankar Sao ...
Binod Kumar Khetan Vs. the Hindustan Copper Limited and ors.
Court: Jharkhand
Decided on: Feb-16-2006
Reported in: [2006(109)FLR343]; [2006(1)JCR426(Jhr)]
ORDERM.Y. Eqbal, J. 1. In this writ application, the petitioner has prayed for quashing the other dated 25.8.2005, whereby he has been relieved from the service of the respondents-Company under the Voluntary Retirement Scheme.2. Petitioner's case is that in the year 2002 respondents- Hindustan Copper Limited introduced Voluntary Retirement Scheme 2002 with effect from 1.3.2002 for a period of 15 days i.e. till 15.3.2002. Petitioner opted for the voluntary retirement but the same was rejected by the respondents. Petitioner again opted for voluntary retirement under the Voluntary Retirement Scheme re-introduced by the respondent- Company in January 2003, but no decision was taken by the Respondent-authority. Petitioner, therefore, withdrew his option by sending letter-dated 23.2.2003. It is contended that respondents were to willing to accept the option given by the petitioner and kept the matter pending for the entire 2003-04 and never responded to the letter of the petitioner dated 23....
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