Jharkhand Court March 2006 Judgments
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Employers in Relation to the Management of Kargali Colliery of C.C.L. ...
Court: Jharkhand
Decided on: Mar-21-2006
Reported in: [2006(2)JCR241(Jhr)]
S.J. Mukhopadhaya, J.1. One Francis Xavier Xess (since deceased) was originally working as General Mazdoor Category-l in the Central Workshop, Barkakana of M/S. Central Coalfields Ltd. (CCL for short). He fell ill and requested for appointment of his sister, Miss Augustina Xess, so that she may look after him. On his request, the Workman Miss Augistina Xess was appointed in the year 1991. After some time, the charge was levelled by the Management against her that she obtained employment by committing fraud.2. In the departmental proceeding, it was held that the Workman Miss Augistina Xess secured employment by committing fraud and for that she was removed from service w.e.f. 25th February, 1993. The Government of India, Ministry of Labour, in exercise of power conferred upon them under Section 10(1)(d) of the I.D. Act, 1947, referred the following dispute to the Tribunal for adjudication, vide order dated 22nd April, 1998.Whefher the action of the management of Kargali colliery. P.O. B...
Ram Niranjan Agrawal and ors. Vs. the Presiding Officer, Debts Recover ...
Court: Jharkhand
Decided on: Mar-21-2006
Reported in: AIR2006Jhar84; III(2007)BC664; [2006(3)JCR351(Jhr)]
S.J. Mukhopadhaya, J.1. The joint petition (I.A. No. 654 of 2006) for substitution has been preferred on behalf of (1) Ram Niranjan Agrawal; (2) Vinod Kumar Agrawal; (3) Lal Chandra Agrawal; (4) Santosh Kumar Agrawal; (5) Ashok Kumar Agrawal; (6) Shyam Sundar Agrawal and (7) Sunil Kumar Agrawal. It is stated that they are the heirs and legal representatives of the original petitioner, Prahlad Rai Munka, who died during the pendency of the writ petition on 27th April, 2005 leaving them behind. Prayer has been made to delete the name of original petitioner and in his place, to substitute the names of heirs and legal representatives. 2. Learned Counsel for the respondents have no objection in regard to the substitution of the heirs and legal representatives of the original petitioner but raised objection with regard to maintainability of the writ petition and prayed to dismiss the case on some other grounds. 3. Having heard the counsel for the parties, it is ordered to delete the name of ...
Pawan Biscuit Co. Pvt. Ltd. Vs. Bihar State Electricity Board and anr.
Court: Jharkhand
Decided on: Mar-21-2006
Reported in: AIR2006Jhar69; [2006(2)JCR213(Jhr)]
R.K. Merathia, J.1. Petitioner prays for quashing the order dated 18.2.1997 passed by the General Manager-cum-Chief Engineer (respondent No. 2) disposing of his claim under Clause 13 of the H.T. Agreement for the years 1993-94, 1994-95 and 1995-96, and also the bills raised pursuant to the said order.2. Mr. Mittal, appearing for the petitioner relies on the judgment of M/s Pawan Biscuit Co. Pvt. Ltd. (with analogous cases) v. Bihar State Electricity Board and Ors. 2004 (1) JCR 499 (Jhr) : 2004 (1) JLJR 596. Relying on paragraph 10 of the said judgment, he submitted that petitioner is entitled to proportionate remission for interruptions below 30 minutes also. Further relying on paragraph 19 of the said judgment, he submitted that the formula adopted by the General Manager is wrong. The petitioner was entitled to remission proportionate to Board's inability to supply electrical energy and the consumers' ability or inability to consumer energy is irrelevant and immaterial for the purpose...
Abdul Rahim and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-21-2006
Reported in: [2006(2)JCR233(Jhr)]
1. The appellants, therein number, were arrayed as A-l, A-2 and A-3 and three other accused, who were arrayed as A-4 to A-6, were acquitted by the trial Judge. 2. The appellants and the other acquitted accused will be referred as A-1 to A-6 in the judgment for the sake of convenience. 3. Accused A-1 to A-6 were charged for an offence under Section 302 read with Section 149 IPC on the allegation that they were members of unlawful assembly and that in furtherance of the common object of the said unlawful assembly, they slapped and fisted Pahalu Mina and the said Pahalu Mina thereafter died. The trial Judge, while acquitting A-4 to A-6, found the accused A-1 to A-3 (appellants) guilty under Section 302 IPC, for which each of them was sentenced to imprisonment for life. The said conviction and sentence are being challenged in this appeal. 4. Idrish Mian, PW 12, is the nephew of the deceased and Dukhi Mian, Pahalu Mian (deceased) and Sahib Mian are the brothers. The grandfather of Idrish Mi...
Saiful Sheikh Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-21-2006
Reported in: [2006(2)JCR236(Jhr)]
1. The accused appeals.2. Saiful Sheikh, the appellant in this appeal was found guilty for an offence under Section 302 IPC and was sentenced to imprisonment for life on the allegation that he murdered the deceased, Atul Sheikh, on the early hours of 25.3.1984. The present appeal is against the said conviction and sentence.3. The case of the prosecution can be briefly summarized as follows:PW 7 Sabiuddin is the paternal uncle of the deceased. There was a land dispute pending between PW 7 and his brother, who is the appellant in this appeal. On 25.3.1984, the deceased Atul Sheikh left the house for his field. While he was at the field, the appellant went there and cut the deceased on his neck with hasua. It was witnessed by PW 5 Ilyas Sheikh. Thereafter PW 5 ran away from the place on seeing the attack on the deceased. PW 7 later went to the field only to find his nephew lying dead with injuries. He informed the Village Muk-hiya who advised him to go to the police station and give a com...
Ram Pravesh Singh and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-21-2006
Reported in: [2006(2)JCR193(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the learned Counsel for the parties.2. Petitioners seek a direction upon the respondents to regularize their services against the existing sanctioned and vacant posts in Rural Engineering Organization (in short R.E.O.) in the light of the circular dated 18.6.1993 issued by the Personnel and Administrative Reforms Department.3. It is contended by the petitioners that petitioner Nos. 1 and 2 have been working on daily wages since 1983 (22 years) and petitioner No. 3 is working as such since 1984 (21 years) and they are in continuous service since the date of their joining.4. From perusal of the documents annexed with the writ petition it appears that since 1998 the authorities of the respondents have been recommending the, cases of these petitioners for regularization/absorption on the sanctioned vacant post on the ground that these petitioners have been working for the last 21-22 years.5. In the above backgrounds I dispose to this writ petition with a directi...
Mrs. Gitashree Khan and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-21-2006
Reported in: [2006(2)JCR243(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. According to the petitioners they were working as Assistant Teachers in Kshitish Deaf and Dumb School. Doranda, Ranchi and superannuated on 31st March, 2003, 28th February, 2003 and 31st January, 1999 respectively.2. Their grievance is that though the respondent have paid them the retiral benefits but the arrears of salary and interim Educational Allowance of certain period have not been paid to them.3. From the pleadings, it appears that 1st and 2nd petitioners have claimed the benefit for the period from November, 1998 to October, 2000 whereas the 3rd petitioner has claimed the benefit for the period from November 1998 to January, 1999.4. The 3rd respondent District Superintendent of Education, Ranchi, while admitted that the petitioners are entitled for certain benefits, has stated that they are not entitle for the interim Educational Allowance, as claimed by them. It is further stated that the bills, as submitted by the Headmaster, were not signed by th...
Kanahaiya Mahto Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-21-2006
Reported in: [2006(2)JCR239(Jhr)]
1. The accused appeals.2. The appellant was charged and tried for the offence punishable under Sections 302, 376 and 379 of the IPC. The allegation against him before the trial Court is that after he committed rape on Palo Devi, the sister of PW 1, Syamlal Karmali and after snatching away a silver chain she was murdered by assaulting her. The learned trail Judge, finding the appellant guilty as charged, while sentencing him to imprisonment for life under Section 302 IPC, directed him to suffer rigorous imprisonment for seven years under Section 376, IPC and one year under Section 379 IPC. The present appeal is against the said conviction and sentence.3. The facts are as follows:PW 1, Shyam Lal Karmali is the brother of the deceased, Palo Devi, On 10.4.1981, PW 1 and the deceased, Palo Devi left the village for the husband's house of Palo Devi which was at village Ichatu. While they were proceeding to village Ichatu and reached a lonely place at Didgi field near village Chotki Lari a pe...
Mohan Lal Bhagat Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-21-2006
Reported in: [2006(3)JCR124(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ petition, the petitioner has prayed for quashing the order as contained in letter dated 13.6.2005 issued by he Deputy Commissioner, Pakur wherein he decided to fill up the total 17 posts of Panchayat Sevak from direct recruitment and, further an order directing the respondents to till up 11 posts of Panchayat Sevak from amongst the Dalpaties.2. The petitioner's case is that he as worked as Dalpati since 1989 and in 1990 he successfully completed the training. In 2005, a seniority list of Dalpaties working in the district of Pakur was prepared in which the name of the petitioner figures at serial No. 25. The petitioner's further case is that in 2002, a decision was taken by the State Government to fill up 50% posts of Panchayat Sevak by way of direct recruitment and 50% from amongst the Dalpaties. However, in the meantime, new Recruitment Rule came into force and in pursuant to that, the Deputy Commissioner has written a letter to the Director, Panchay...
Sanjay Kumar Jha Vs. Shalini Jha
Court: Jharkhand
Decided on: Mar-21-2006
Reported in: [2006(3)JCR102(Jhr)]
ORDER1. The appellant (husband) has filed a petition under Section 12 of the Hindu Marriage Act, 1955 for declaration of nullity and annulment of the marriage with the respondent Shalini Jha (wife), which was registered as Matrimonial (Title) Suit No. 13 of 2000. By the impugned judgment and order dated 5th August, 2005 the learned Principal Judge, Family Court, Ranchi, dismissed the suit. The present appeal under Section 19 of the Family Courts Act, 1984 has been preferred by the appellant (husband) against the aforesaid judgment and order of dismissal dated 5th August, 2005.2. When the case was taken up, learned Counsel appearing on behalf of the respondent Shalini Jha (wife) brought to the notice of the Court the judgment and order dated 14th February, 2006 passed by the learned Principal Judge, Family Court, Ranchi, in Matrimonial (Title) Suit No. 21 of 2006. After dismissal of the suit for declaration of nullity and annulment of marriage, respondent Shalini Jha (wife) filed an app...
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