Jharkhand Court May 2006 Judgments
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Sarbani Bose Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-18-2006
Reported in: [2007(1)JCR323(Jhr)]
ORDERS.J. Mukhopadhaya, J. 1. This writ petition has been preferred by the petitioner against the order, contained in Memo No. 2292 dated 9th July, 2005, issued by the District Superintendent of Education, Singhbhum West, Chaibasa, whereby and whereunder, the provisional approval of appointment of the petitioner, as was given by the State, has been cancelled.Further prayer has been made by the petitioner to declare that the provisions of National Council for Teachers Education Act, 1993 (hereinafter to be referred as the 'N.C.T.E. Act'), which came into effect since 1st July, 1995 is prospective and shall have no effect or abrogation to the accrued right of obtaining decree or diploma.2. As the case can be disposed of on short points, it is not necessary to discuss all the facts, except the relevant one.The petitioner is a Teacher of Ram Gopal Sen Primary Balika Vidyalaya, Chaibasa (hereinafter to be referred as the 'school'), an aided private school. Prior to her appointment, she comp...
Bachandeo Kumar Vs. Bharat Coking Coal Limited and ors.
Court: Jharkhand
Decided on: May-18-2006
Reported in: [2006(3)JCR380(Jhr)]
Permod Kohli, J.1. The mother of the petitioner, namely, late Munarki Kamin, was working as Coal Stacker in Fularitand colliery under Area No. 1 of M/s B.C.C.L. Dhanbad with effect from 17.10.1971. She died on 18.7.1996 in harness due to illness. The petitioner applied on 7.8.1997, i.e. after a period of one year from the date of the death of his mother, to the respondents for appointment on a future date when he attains majority. The claim of the petitioner was not accepted and was communicated to him vide letter dated 29/30.5.1998. The petitioner again received a letter dated 15.5.1999 from the office of Dy. Personnel Manager, Barora Area, informing him that immediate employment to one of the dependant can be provided if the age of the dependant is 15 years, but as the petitioner has mentioned his age as 14 years in his application and at the time of death of his mother his age was 11 years as such his request for employment cannot be considered. The petitioner claims to have made an...
The State of Jharkhand and ors. Vs. Bharat Petroleum Corporation Ltd. ...
Court: Jharkhand
Decided on: May-18-2006
Reported in: AIR2007Jhar20; [2007(1)JCR345(Jhr)]
Permod Kohli, J.1. This Letters Patent Appeal arises out of the judgment dated 15th of February, 2006, passed by a learned Single Judge in W.P. (C) No. 4667 of 2005, whereby the writ petition, filed by the Respondent No. 1 herein, has been allowed and the said respondent is permitted to establish Petrol Pump over the land subject matter of dispute in this writ petition. The State of Jharkhand, the appellant before us, has challenged the legality and propriety of the impugned judgment, inter alia, on the following grounds:(i) That the learned Single Judge has failed to appreciate that the principal lease is going to expire in the year 2009 and still permitted the writ petitioner to establish the Petrol Pump on the basis of a memorandum of understanding, whereunder the Respondent No. 1, writ petitioner was allowed to hold the leased land for a period of thirty years i.e. beyond the period of original lease.(ii) That the learned Single Judge has allowed the occupation of leased property w...
Yusuf Ansari Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-18-2006
Reported in: [2006(4)JCR294(Jhr)]
1. The appellant claimed right of pre-emption on the ground that he is the adjoining raiyat but his claim was rejected by the original authority, revisional authority and also by the Member Board of Revenue by recording finding of fact. A specific finding was given by a Board of Revenue that the appellant is not the adjoining raiyat though, according to the appellant, he is the adjoining raiyat in the eastern side.2. So far as the right of pre-emption is concerned, the matter fell for consideration before constitution Bench of the Supreme Court in Bhau Ram v. Baij Nath reported in : AIR1962SC1476 . In the said case, the Supreme Court held as follows:xxxx xxxx xxxx xxx...But the Constitution now prohibits discrimination against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them under Article 15 and guarantees a right to every citizen to acquire, hold and dispose of property, subject only to restrictions which may be reasonable and in the interests o...
Lalita Devi, Vs. Sheo Shankar Prasad Alias Jugeshwar Sahu,
Court: Jharkhand
Decided on: May-18-2006
Reported in: [2006(4)JCR290(Jhr)]
Narendra Nath Tiwari, J.1. In this civil revision under Section 14(8) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the said Act') the petitioners have assailed the judgment and decree dated 18.02.2006 whereby the Court below has passed a decree for eviction of the defendants-petitioners on the ground of expiry of the lease of a fixed period.2. The case of the plaintiffs is that the suit premises was let out to the defendant by virtue of a registered agreement dated 29.07.1989 for a fixed period of 10 years commencing from 01.08.1989 and ending on 31.07.1999, on a monthly rent of Rs. 500/-. The defendants-tenants requested the plaintiff for renewal of the lease, for a further period of ten years, but the landlord-plaintiff refused to renew the lease and instead, filed the suit being Eviction Suit No. 10 of 1999. The tenants-petitioners contested on the ground, interalia, that the notice was sent to the plaintiff by the defendants but th...
Madhu Sudan Mittal Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: May-18-2006
Reported in: [2006(4)JCR579(Jhr)]
ORDER1. It has been brought to the notice of the Court that supply of electricity is deteriorating in the State of Jharkhand particularly in the State capital, Ranchi.2. Learned counsel for the Jharkhand State Electricity Board (hereinafter to be referred J.S.E.B.) is not in a position to explain the matter and wanted to blame the Legal section of J.S.E.B.3. We do not understand how the Legal section of J.S.E.B. has to do anything with the supply of the electricity. If the work with regard to supply of electricity is to be done by the employees and Engineers of the J.S.E.B. the instruction is to be obtained from them. How the counsel for the J.S.E.B. can put the burden on Legal section of the J.S.E.B.4. Secretary, J.S.E.B., Ranchi, is directed to appear in Court tomorrow (19th May 2006) and explain as to why appropriate order be not passed and direction be not issued against J.S.E.B. and its officers in particular.5. Counsel for the J.S.E.B. will inform the Secretary J.S.E.B. of his ap...
Dr. S.N. Maity Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: May-18-2006
Reported in: [2006(4)JCR657(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioner against the order dated 8th September, 2005 passed by Central Administrative Tribunal (hereinafter referred lo as the Tribunal), Circuit Bench at Ranchi in O.A. No. 215 of 2005. whereby and where under, application preferred by petitioner was dismissed.The parent department of the petitioner is Central Mining Research Institute, Dhanbad (Council of Scientific and Industrial Research-hereinafter referred to CSIR. He was deputed on 29th July, 2003 as Controller General of Patents. Designs and Trade Marks. Alter about one year, by impugned Order F No. 8/52/2001-PP & C) dated 31st August, 2004, he was repatriated to his parent department. The said Order was challenged by the petitioner in O.A. No. 215 of 2005, which was dismissed by the Tribunal by impugned Judgment and Order dated 8th September, 2005.2. The main plea taken by the respondents is that the petitioner has no right to continue on deputation and he ...
Deputy Inspector General Central Industrial Security Force Cisf Unit, ...
Court: Jharkhand
Decided on: May-18-2006
Reported in: [2007(1)JCR328(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The Civil Review Application under Article 226 of the Constitution of India' has been preferred by the petitioner, Deputy Inspector General, Central Industrial Security Force, CISF 'Unit, HEC, Ranchi (hereinafter to be referred as DIG, CISF, Ranchi) for review of the order dated 4th October, 2002 passed in CWJC No. 968 of 1999 (R), whereby and whereunder the learned single Judge while held part of the order of punishment as without jurisdiction, upheld the punishment relating to reduction in rank to a lower time scale.On the other hand, the petition for contempt has been preferred by Mahesh Sharma for initiating a proceeding for contempt against the opposite parties for willful and deliberate violation of the order aforesaid.2. As both the cases can be disposed of on short points, it is not necessary to discuss all the facts except the relevant one. The writ petitioner - 1st respondent (Mahesh Sharma) was posted as Head Constable in Central Industrial Secur...
Rajesh Kumar Alfred Marandi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-18-2006
Reported in: [2007(114)FLR760]; [2007(3)JCR141(Jhr)]
ORDERPermod Kohli, J.1. Heard.2. The petitioner is the son of late Jasai Marandi who was serving as Dresser in the Primary Health Centre, Ramgarh Dumka and died in harness on 21.6.1996. The petitioner being the only son of the deceased late Jasai Marandi applied for compassionate appointment on 12.6.1998 before the respondent No. 5. After the death of Marandi, one lady namely, Mary Chore claiming to be his wife applied for grant of succession certificate. Petitioner and his mother filed an objection petition stating therein that Miru Nirojini Murmu is the only widow of late Jasai Marandi being legally wedded wife of the deceased father of the petitioner. It is admitted case of the parties that some settlement came to be arrived at between the mother of the petitioner and Mary Chore and retiral benefits were distributed amongst them. In addition to that the settlement contained a stipulation allowing the petitioner to claim the compassionate appointment. Petitioner, accordingly, applied...
Kripa Nand Jha Vs. Bharat Coking Coal Limited and ors.
Court: Jharkhand
Decided on: May-17-2006
Reported in: [2006(3)JCR24(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ application the petitioner has prayed for issuance of a direction upon the respondents for payment of arrears of salary for the period from 18.7.2000 to 26.12.2000. 2. Petitioner's case is that he is a permanent employee of respondent-Bharat Coking Coal Limited(in short BCCL) and while posted at Enna Colliery, Kustore Area, BCCL he applied for his transfer to Sendra Banijora Colliery, Sijua Area in the same capacity which was duly approved by the respondents on 23.3.2000. Consequently, the transfer order was issued transferring the petitioner to Sijua Area vide Office Order dated 23.6.2000. 3. Petitioner's further case is that he was relieved with effect from 18.7.2000 and submitted his joining on the same day i.e. on 18.7.2000 alongwith the relevant documents. It is stated that inspite of his joining he was not given place of posting as a result of which he used to go to the office everyday but was not assigned any job. Petitioner, thereafter, filed ...
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