Jharkhand Court June 2006 Judgments
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Serophina Besra Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-21-2006
Reported in: [2006(3)JCR376(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ application the petitioner has prayed for issuance of appropriate writ for quashing the termination order dated 18.8.2005 issued by District Superintendent of Education, Godda whereby the services of the petitioner have been terminated and she was directed to deposit the payments received by her.2. Petitioner's case is that pursuant to the advertisement issued by the respondents for appointment on the post of Teacher in the Primary School, she submitted her application in the Office of Jharkhand Public Service Commission (in short JPSC) alongwith all the testimonials. The said testimonials also included the Provisional Certificate issued by Ursuline Primary Teachers' Training College, Lohardaga showing that she has passed teachers' training examination. Petitioner's case is that she was declared successful in the competitive examination held by the Jharkhand Public Service Commission and after due verification of all the original certificates includin...
Lakeshwari Builders Pvt. Ltd. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-21-2006
Reported in: [2006(3)JCR353(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 an Arbitrator to adjudicate the dispute exists between the petitioner and the respondents with regard to payment of difference of cost of material2. The facts of the case lie in a narrow compass:The respondent-Road Construction Department invited tender for the work of widening and strengthening of Kandra-Khuti Ichagarh Road. The value of work was Rs. 6,31,56,890/-. The petitioner being the lowest bidder was allotted work and agreement was executed on 23.5.2002. As per direction of respondent No. 4 Executive Engineer, R.C.D. Road Division Jamshedpur, the petitioner commenced the work for completing the same within the specified time. According to the petitioner, in terms of Clause 23 of the Contract any dispute or differences arises between the parties shall have to be referred to Superintending Engineer of the Circle for decision. Peti...
Subhash Kumar Vs. State of Jharkhand Through the Secretary, Department ...
Court: Jharkhand
Decided on: Jun-21-2006
Reported in: [2007(1)JCR127(Jhr)]
M.Y. Eqbal, J.1. The petitioner seeks a direction upon the respondents to consider to promote him to the post of Incharge, Sub Divisional Welfare Officer from the date juniors to him have been given promotion. According to the petitioner, he joined the service in 1989 as Block Development Officer and now he is posted as Block Welfare Officer, Lapung, Ranchi. It is stated that ignoring the case of the petitioner, oilier officers including respondent No. 5 have been promoted to the post of Sub Divisional Welfare Officer.2. A counter-affidavit has been filed by the State wherein it is stated that the matter of promotion of the petitioner and respondent No. 5 to the post of Sub Divisional Welfare Officer is under consideration and now in process. There are temporary arrangements where some of the officers including respondent No. 5 have been posted as Sub Divisional Welfare Officers. It is further stated that in fact, there is no vacant post of Sub Divisional Welfare Officer in Ranchi Dist...
Rabindra Prasad Sah and anr. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-21-2006
Reported in: [2007(1)JCR565(Jhr)]
ORDERR.R. Prasad, J.1. Heard learned Counsel appearing for the petitioners, learned Counsel appearing for the State and learned Counsel appearing for the opposite party No. 2.2. This application filed under Section 482 Cr.P.C. is for quashing the entire criminal proceeding of C.P. Case No. 831 of 2001 pending in the Court of Judicial Magistrate, 1st Class, Dhanbad including the order dated 4.12.2002 passed by Shri R.K. Singh, Judicial Magistrate, 1st Class, Dhanbad, whereby cognizance of the offences under Sections 468, 471, 420 and 506 of the Indian Penal Code, has been taken against the petitioners.3. The case of the complainant as has been given in the complaint petition is that the complainant was holding an SB A/c bearing No. 6706/42 in the United Commercial Bank, Moonidih Branch, Dhanbad and apart from that his wife is also having current account and the complainant had also a fixed deposit for Rs. 20,000/- with the aforesaid-Bank'and it happens so that on 23.4.2001 the complaina...
Dulal Chakraborty Vs. the State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-20-2006
Reported in: II(2007)BC166
D.K. Sinha, J.1. The petitioner, Dulal Chakraborty, has preferred this petition under Section 482 of the Code of Criminal Procedure for quashing the order passed by the Judicial Magistrate, Ranchi in Complaint Case No. 972 of 2004 on 1.3.2005 whereby and whereunder the cognizance of the offence was taken under Section 138 of the Negotiable Instrument Act, 1981 (Hereinafter to be referred as the 'Act') against the petitioner and he was put on trial.2. The brief fact of the case is that the petitioner as well as the opposite party No. 2, Chaitali Dutta, entered into an agreement to start a business for supply of Chemicals Equipments and Appliances on the terms and conditions settled between them and pursuant to that partnership deed was executed to carry on the business at Royal Choice Collections Shop No. 3, Laxmi Market, Lalpur, Ranchi. It was agreed between the parties that the first party/ opposite party No. 2 would deposit a sum of Rs. 1.50 lakhs whereas second party/petitioner will...
Surendra Sao Vs. Sheo Shankar Prasad Alias Jugeshwar Sahu
Court: Jharkhand
Decided on: Jun-20-2006
Reported in: [2006(4)JCR306(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 petitioner has assailed the judgment and decree dated 18.02.2006 whereby the Court below has passed a decree for eviction of the defendant-petitioner on the ground of expiry of the lease of a fixed period.2. The case of the plaintiff is that the suit premises was let out to the defendant by virtue of a registered agreement dated 11.07.1989 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 defendant-tenant requested the plaintiff for renewal of the lease, for a further period often years, but the landlord-plaintiff refused to renew the lease and instead, filed the suit being Eviction Suit No. 11. of 1999. The tenant-petitioner contested the suit on the ground, interalia, that the notice was sent to the plaintiff by the defendant but the...
Pushpa Devi @ Pushpa Bara Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-20-2006
Reported in: [2007(1)JCR231(Jhr)]
Permod Kohli, J.1. Petitioner claims to be widow of late Bhukhla Oraon, who was serving as a Class IV employee and was posted in Civil Court, Gumla. Bukhla Oraon died in harness on 17th of June, 1999, petitioner claiming herself to be the widow and the sole legal heir, filed an application on 11th of July, 1999, before the District & Sessions Judge, Gumla seeking compassionate appointment. She also claimed pensionary/retiral benefits of the deceased employee. The District & Sessions Judge, Gumla sanctioned provisional pension in favour of the petitioner and paid the arrears from 18.06.1999 to November, 2001 and final pension was fixed at Rs. 1814/- per month from December, 2001 to August, 2003 which came to be revised to Rs. 1938/- per month from September, 2003 to October, 2003. On account of non-consideration of her claim for compassionate appointment, petitioner filed W.P. (S) No. 5062 of 2003 before this Court. This writ petition came to be disposed of vide order dated 14th of Octo...
Vivek Rai Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-20-2006
Reported in: 2007CriLJ680
ORDERD.K. Sinha, J.1. The petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure for quashing the impugned order dated 24-3-2006 passed by the learned Sessions Judge, Bokaro in Cr. Misc. Petition No. 24 of 2005 whereby and whereunder the prayer for bail of the petitioner was cancelled in connection with the Complaint Case No. 330 of 1999 pending in the Court of the S.D.J.M. Bokaro and with the prayer that the petition is permitted to remain on bail.2. The brief fact of the case is that the petitioner was married to the opposite party No. 2, Sunita Rai on 3-7-1998 at Bokaro Steel City and after marriage the opposite party No. 2/complainant went to her matrimonial home at Allahabad. After two days staying in her matrimonial home, her father-in-law on the plea that her father was solvent to pay and demanded Rs. 1.5 lakhs which was supported by both of her Nanad. It is alleged that a sum of Rs. 4,50,000/- was demanded as dowry before the marriage. Though...
Ajay Sinha Vs. the Branch Manager, United India Insurance Co. Ltd. and ...
Court: Jharkhand
Decided on: Jun-19-2006
Reported in: AIR2006Jhar113; [2006(3)JCR404(Jhr)]
S.J. Mukhopadhaya, A.C.J.1. In this appeal, the only question required to be determined is : Whether the Permanent Lok Adalat has jurisdiction to decide insurance claim of an insurer ?2. The appellant, an authorized distributor of Sony Product having its registered Office at Kilburn Colony-Hinoo, Town and District - Ranchi obtained a Burglary and House Breaking Policy from the Respondent - United India Insurance Company Ltd. (hereinafter referred to as the Insurance Company), effective for the period from 29th August, 2001 to 31 st August, 2002.On 18 th/19th August, 2002, at midnight, a burglary took place in the Godown of appellant. He lodged F.I.R. on 19th August, 2002 with Doranda Police Station, Ranchi Under Section 461/379 I.P.C. The appellant submitted a claim with the Insurance Company for a loss of Rs. 11, 14,577/-, but it was not entertained.The Police submitted final form, but it was opposed by the Insurance Company; the matter is pending before the Court below, A complaint C...
Union of India (Uoi) Through South Eastern Railway, Chakradharpur Divi ...
Court: Jharkhand
Decided on: Jun-19-2006
Reported in: [2006(3)JCR412(Jhr)]
S.J. Mukhopadhaya, A.C.J.1. Both the writ petitions arise out of a common judgment and order dated 25th of July, 2005, passed by the Central Administrative Tribunal (hereinafter referred to as the Tribunal), Patna Bench, Circuit Court, Ranchi, in O.A. No. 290 of 2003, whereby and where under, while part of the prayer as made by 'Ram Prasad Sahu and others' has been allowed, rest of their prayer has been rejected.2. As the cases can be disposed of on short point, it is not necessary to discuss all the facts, except the relevant one.The petitioners - Ram Prasad Sahu and others were engaged by the South Eastern Railway as Commission Vendors/Bearers and were selling foods to the railway passengers and others on behalf of the railways on commission basis. The Southern Eastern Railway were running the Catering Units in the Refreshment Room/Dining Halls; Food Stocks; Tiffin and Tea, Coffee Stals etc. through the Commission Vendors/Bearers. The Railway is also running Pantry Cars in some of it...
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