Jharkhand Court April 2006 Judgments
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Shambhu Prasad Sinha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-19-2006
Reported in: [2006(4)JCR425(Jhr)]
ORDER1. The petitioner, who was an Extra Clerk, was later on, appointed as Temporary Clerk on 22nd May, 1981 and ultimately superannuated from the services of the State on 31st January, 2003.2. The present writ petition has been filed by him for a direction on the respondents to count the period, rendered by him as Extra Clerk, for the purposes of retiral benefits as also other benefits. He has placed reliance on a decision, rendered by a single Judge of this Court in the case of Kauleshwar Prasad v. State of Jharkhand and Ors. reported in 2004 (2) JCR 124 (Jhar).3. It has been brought to our notice that against the aforesaid judgment, passed in the case of Kauleshwar Prasad (supra), the State of Jharkhand has preferred an appeal being LPA No. 488 of 2004, which was heard and disposed of along with another analogous case (LPA No. 512 of 2004) by judgment dated 5th April, 2006, wherein, the Division Bench having gone through the different guideline, issued by the State Government, held ...
Amitabh Kumar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-18-2006
Reported in: [2006(3)JCR186(Jhr)]
M.Y. Eqbal, J.1. In this writ petition the petitioner has prayed for quashing the notification dated 22.8.2005 issued by the Deputy Secretary, Arts, Culture and Sports Department, Government of Jharkhand whereby respondent No. 4 has been appointed on deputation on the post of Deputy Director, Archaeology department of Arts, Culture and Sports, Government of Jharkhand for a period of one year and further for a direction upon respondent Nos. 1 to 3 to consider the case of the petitioner for promotion on the said post. 2. The case of the petitioner, in short, is that he is a member of scheduled caste and is M.A. in Ancient Indian History and Archaeology. In 1988 he was appointed on the post of Senior Technical Assistant on regular basis and in 1997 he was promoted to the post of Excavation and Exploration Officer (Archaeology) by the State Government and was posted at Patna. Presently the petitioner is posted on the post of Excavation and Exploration Officer, Archaeology, Ranchi. Petition...
Managing Director, I.C.i.C.i. Bank Ltd. Vs. the State of Jharkhand and ...
Court: Jharkhand
Decided on: Apr-18-2006
Reported in: 2006CriLJ3927
D.K. Sinha, J.1. The petitioner, Managing Director, I.C.I.C.I. Bank Ltd. having its Office at I.C.I.C.I. Bank Towers, Bandra, Kurla Complex, Bandra East, Mumbai 400051, by designation preferred this petition under Section 482 Cr.P.C. for quashing of the entire criminal proceeding against him in connection with C/1 Case No. 153 of 2004 including the order dated 31.03.2004 and subsequent order dated 15.6.2004 passed by Miss Kamal Hazarika, Judicial Magistrate, Jamshedpur whereby and whereunder the cognizance of the offence under Section 406 I.P.C. was taken against three persons including the petitioner. 2. Briefly stated the O.P.No. 2 Deobrat Prasad had presented a written complaint before the C.J.M., Jamshedpur alleging that he had purchased two trailors in the month of February, 2002 at a time by taking the loan from the I.C.I.C.I. Bank with the registration of the Trailor being No. (1) H.R.-38-H/8012 and (2) NL-01-A/7075. The complainant was paying the instalment of loan regularly ti...
Tula Devi and ors. Vs. the State of Jharkhand and anr.
Court: Jharkhand
Decided on: Apr-18-2006
Reported in: [2006(3)JCR222(Jhr)]
D.K. Sinha, J. 1. The petitioners 8 in number have preferred this petition under Section 482 Cr.P.C. for quashing of entire criminal proceeding arising out of Complaint Case No. 1156/2003 including the impugned order dated 5.2.04 passed by Shri R.K. Mishra, Judicial Magistrate, 1st Class, Dhanbad. 2. A Vakalatnama has been filed on behalf of the O.P.No. 2, Sakuntala Devi suo motu. 3. The brief fact of the case is that O.P.No. 2 Sakuntala Devi filed a Complaint Petition No. 1156/03 as against the petitioners and two others alleging inter alia that in the morning of 8.9.2003 petitioners came to her house armed with sticks and started abusing the complainant and in spite of her protest made they entered into her house and assaulted her. It is further alleged that the petitioners used to call and address her as a Daain for the last two years and it was further threatened that a Daain would not be allowed to live there. On the petition filed earlier by the Complainant O.P.No. 2 a proceeding...
Calcutta Industrial Supply Corporation Vs. Central Coalfields Ltd.
Court: Jharkhand
Decided on: Apr-18-2006
Reported in: [2006(3)JCR7(Jhr)]
ORDERM.Y. Eqbal, J.1. In this application under Section 11(6) of the Arbitration and Conciliation Act, 1996, the petitioner has prayed for appointment of Arbitral Tribunal in terms of Clause 95 of the General terms and conditions of the agreement. 2. The petitioner's case is that pursuant to the tender notice issued by the General Manager (Transport), Central Coalfields Limited dated 28/29.4.2003 for loading and transportation of coal from KDH OC Quarry bed stock of N.K. Area to Feeder Breaker, the petitioner submitted his tender which was accepted by the respondent-CCL and a Letter of Intent was issued vide letter dated 31.5.2003/3rd June, 2003. The work was started at KDH Project N.K. Area with effect from 9th June, 2003. The petitioner commenced the work and the Project Officer vide Officer letter dated 16.7.2003 informed about the approval of 80% provisional payment and subsequently payments were made. It is stated that the works were completed. However, the quantum of work offered...
Biswajit @ PrabIn Pandey and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Apr-18-2006
Reported in: [2006(3)JCR149(Jhr)]
M.Y. Eqbal, J.1. Heard the parties.2. In this case filed under Section 482 Cr.P.C. the petitioner has prayed for quashing the entire criminal proceeding of Complaint case No. 566 of 2005 including the order dated 21.5.2005 passed by Judicial Magistrate-Ist Class, Dhanbad whereby he has taken cognizance of the offence under Section 498A of Indian Penal Code against the petitioners.3. The complainant-opposite party No. 2 filed the aforementioned complaint case against the petitioners in the Court of Chief Judicial Magistrate, Dhanbad. The Complainant's case is that she was married with the petitioner No. 1 at Rajrappa on 9.7.1999 according to Hindu rites and customs. At the time of marriage, complainant's father paid cash of Rs. 41,000/-, golden ornaments, silver ornaments, household articles and clothes. It is alleged that after marriage the complainant went to her matrimonial home at village Ghonga, P.S. and district Purulia and started living peaceful conjugal life. Just after two day...
Rati Ram Manjhi and ors. Vs. Steel Authority of India Ltd. and ors.
Court: Jharkhand
Decided on: Apr-18-2006
Reported in: [2006(3)JCR201(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioners for a direction on the respondents to consider their cases for appointment in the light of Land Losers Scheme (Scheme for rehabilitation of displaced persons), their ancestral land (s) having been acquired in favour of the Bokaro Steel Plant, Bokaro. In support of such prayer, petitioners have relied on a Division Bench's decision of this Court dated 7th April 1998, rendered in the case of Steel Authority of India Ltd. v. Ganesh Mandal and Ors. LPA No. 161 of 1996 (R).2. On the other hand, counsel for the respondents have relied on one of the paragraphs of a judgment, rendered by this Court in the case of Steel Authority of India Ltd., Bokaro Steel Plant, Bokaro v. Jamuna Prasad Mahto and Ors. reported in , wherein, the respondents have brought to the notice of the Division Bench the fact that against 6000 posts for land losers (displaced persons), already 15000 appointments have been made. However, i...
Naresh Marik Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-18-2006
Reported in: II(2006)DMC696; [2006(3)JCR242(Jhr)]
ORDERD.K. Sinha, J. 1. The petitioner Naresh Marik has preferred this petition under Section 482 of the Code of Criminal Procedure with a prayer for setting aside the impugned order dated 23.6.2004 passed by Sri Amitabh Kumar, Principal Judge, Family Court, Dumka in Cr. Misc. No 25 of 2001 and 176 of 2003.2. The brief fact of the case is that on the petition of opposite party Nos. 2 and 3, a proceeding under Section 125 of the Code of Criminal Procedure was initiated against the present petitioner and after examination of witnesses on behalf of the parties, the Principal Judge, Family Court ordered the present petitioner Naresh Martk to pay maintenance of Rs. 500/- to the opposite party No. 2 and further maintenance of Rs. 500/- to the opposite party No. 3 per month from the date of passing of that order, payable by 15th day of every month by sending money order on total to the tune of Rs. 1000/- on the address of the opposite parties aforesaid where they used to reside and the cost of...
Samastipur Kshetriya GramIn Bank thro' Its Chairman Vs. Union of India ...
Court: Jharkhand
Decided on: Apr-17-2006
Reported in: (2006)IILLJ557Jhar
R.K. Merathia, J.1. Petitioner has prayed for quashing the award dated September 28, 1994 passed in Refence Case No. 129 of 1992 by the Presiding Officer, Central Industrial Tribunal No. 1, Dhanbad, holding that withdrawal of additional increment to the employees of Samastipur Kshetriya Gramin Bank (hereinafter referred to as 'the petitioner Bank') was not justified.2. Mr. Satish Bakshi, appearing for the petitioner, submitted that the award has been passed on two grounds. The first ground is that an additional annual increment was allowed to the employees of all the branches of sponsor Bank-State Bank of India in which computerisation was done or was to be done and, therefore, the employees and the petitioner Bank were entitled to parity with those employees of sponsor Bank-State Bank of India, who were working in the branches where there was no computerisation. He submitted that the second ground is that there was a violation of Section 9-A of the Industrial Disputes Act (hereinafter...
Jageshwar Modi and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-13-2006
Reported in: [2006(3)JCR220(Jhr)]
D.P. Singh, J.1. The appellants have been found guilty for the offence under Section 7 of the Essential Commodities Act for violation of the Bihar Trade Articles (Licenses Unification) Order, 1984 and sentenced to serve rigorous imprisonment for six months as well as to pay a fine of Rs. 1000/- each and in default thereof, to further undergo rigorous imprisonment for one month passed in Barhi Police Station Case No. 213 of 1992, G.R. No. 2428 of 1992, by Special Judge (E.C. Act), Hazaribagh.2. The brief facts leading to their conviction are that in the evening of 4th November, 1992, the informant was on patrolling duty, when he received information that one vehicle bearing No. BPM-1792 was carrying nine bags of sugar for black marketing to Telaiya. The informant accordingly informed his superiors and chased the vehicle going from Barhi Chowk to Telaiya in police jeep. It is further stated that the police intercepted the said jeep being driven by appellant Sirazuddin, loaded with nine b...
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