Jharkhand Court June 2006 Judgments
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Cambridge School Parents Association and ors. Vs. Central Board of Sec ...
Court: Jharkhand
Decided on: Jun-15-2006
Reported in: [2006(4)JCR155(Jhr)]
S.J. Mukhopadhaya, Acting C.J.1. This writ petition was preferred by the petitioner Cambridge School Parents Association/ Ranchi & five students of Cambridge School, Tatisilway, Ranchi, for a direction on the respondents to immediately and forthwith issue admit cards/hall tickets of 159 Class Xth students and 121 Class XIIth students of Cambridge School Tatisilway, Ranchi, examinations of which were to be conducted by the Central Board of Secondary Education, New Delhi (hereinafter to be referred as 'C.B.S.E.') and were to start from 1st March, 2006. Further prayer was made to allow those students to appear at the forthcoming Xth and XIIth Examinations.2. Taking into consideration the nature of the case, urgency and career of the students, this Court vide interim order dated 27th February, 2006 directed the respondents to allow provisionally the students of Class Xth and Class XIIth of Cambridge School, Tatisilway, Ranchi (hereinafter to be referred as 'the School') to appear at the fo...
Ravi Kant Prasad and Priya Ranjan Prasad Vs. State of Jharkhand and an ...
Court: Jharkhand
Decided on: Jun-15-2006
Reported in: III(2007)BC236
R.R. Prasad, J.1. This petition under Section 482 of the Code of Criminal Procedure has been filed on behalf of the petitioners for quashing the order dated 3.6.2000, passed by Sri M.M. Choudhary, Judicial Magistrate, 1st Class, Chas, Bokaro (presently pending in the court of Smt. Sima Sinha, Judicial Magistrate, 1st Class, Bokaro) in Complaint Case No. 95 of 2000 (T.R.No. 1123 of 2000) whereby learned court below took cognizance of the offences under Sections 420 and 323 of the Indian Penal Code and also under Section 138 of the Negotiable Instrument Act.2. The fact of the case giving rise this petition is that the complainant Krishna Prasad lodged a complaint case stating therein that he had purchased 2000 shares worth Rs. 50,240/- of Unit Trust of India. Subsequently he approached one Anjani Kumar Shrivastava and Priya Ranjan Prasad Shrivastava (petitioner No. 2) who have engaged themselves for purchasing and selling shares and sold 2000 shares to them and in lieu of that, Anjani Ku...
Sagun Udyog Pvt. Ltd. Vs. Heavy Engineering Corporation Ltd. and ors.
Court: Jharkhand
Decided on: Jun-15-2006
Reported in: [2006(3)JCR401(Jhr)]
S.J. Mukhopadhaya, Acting C.J.1. This writ petition has been preferred by the petitioner commanding upon the respondents to show cause as to why they be not allowed to auction sell the non-ferrous metal wastes to any party, particularly when the 4th respondents has been allowed the sale order in violation of Rules 19 and 20 of the Hazardous Wastes (Management & Handling) Rules, 1989 (hereinafter to be referred as 'H.W. Rules, 1989). Further prayer has been made for a direction on the Heavy Engineering Corporation Ltd., Ranchi (M/s H.E.C. Ltd.') to produce before this Court the entire files, relating to tender process of Tender No. FFP/Disp./N.F.Chips TENDER/JULY-05/ dt. 26.07.2005 and to quash their decision or the order, awarding contract.2. According to the petitioner, the aforesaid tender was published by Heavy Engineering Corporation Ltd. on 26th July, 2005 for the purposes of disposal/auction sale of its non-ferrous metal wastes, lying at its Foundry Forge Plant, Heavy Tools Plant...
Chittaranjan Ghosh Vs. Bhimen Das Tirthani
Court: Jharkhand
Decided on: Jun-15-2006
Reported in: [2006(4)JCR455(Jhr)]
ORDERN.N. Tiwari, J.1. This civil revision has been preferred by the tenant-petitioner against the judgment and decree dated 29th August, 2005 passed by learned Subordinate Judge 1st, Pakur in Title (Eviction) Suit No. 36 of 2003 whereby the landlord-plaintiffs suit has been decreed against the defendant-tenant with the direction to vacate the suit premises within two months from the date of the decree.2. The case of the plaintiff was that he is the owner of the suit premises and the defendant-tenant was inducted as a monthly tenant in outer room which has been fully described in schedule 'B' to the plaint, on execution of an agreement. Earlier the tenancy was for the fixed period, but the defendant was allowed to remain in the suit premises till 30th June, 2003; thereafter, he was served with a notice asking him to vacate the suit premises as the plaintiff required the suit premises for his own use and occupation. It has been stated that the plaintiff requires the premises to start a ...
Shishir Kumar Chakravarty and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-14-2006
Reported in: [2006(3)JCR415(Jhr)]
S.J. Mukhopadhaya, Acting C.J.1. This application has been preferred by the petitioners for a direction on the respondents to issue rent receipt in their favour. According to them, the land, in question, pertaining to Plot No. 1264 under Khata No. 59 inMauza- Lalpur, District- Ranchi, belongs to them. The premises, which consisted of a 'Khaparposh' house and boundary, was recorded in the name of their father, late Gyanendra Nath Chakravarty, in the Municipal Survey records of rights. After death of their father, the petitioners applied for mutation of their names and, accordingly, vide order dated 15th March, 1978 the land, in question, was recorded in their names.2. In pursuance of Mutation Case No. 1349 of 1977-78, name of first petitioner, Shishir Kumar Chakravarty was mutated in Register-II in respect of 14 Kattha and 3 Chhatak of land and correction slip was issued accordingly. Thereafter, he paid rent regularly up to the year, 1995-96 and was granted rent receipts.3. Similarly, i...
Santosh Kumar Nayak Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-14-2006
Reported in: [2006(3)JCR439(Jhr)]
Permod Kohli, J.1. Petitioner is the son of late Bhagwan Nayak, who served as a Forester in Kolhan Division of the Forest Department of the erstwhile State of Bihar. Bhagwan Nayak died on 07.06.1970. Petitioner has approached this Court seeking a direction for the payment of family pension retiral benefits of his deceased-father. It is alleged that even the mother of the petitioner, namely, Sabitri Devi was not paid any family pension. She also died on 29th of June, 2002 without getting any family pension/retiral benefits. According to the averments made in the writ petition, deceased died while in service. A representation was made followed by a legal notice served on 20th of October (sic)2. In the reply held it is stated that the deceased joined the Government service in the year 1945 and continued to service May, 1960. He was granted Medical leave from 04.04.1960 and thereafter did not join his service. Respondents have placed reliance upon Rule 76 of the Bihar Service Code which in...
Kamal Kishore Mandal and ors. Vs. Gangadhar Mandal and ors.
Court: Jharkhand
Decided on: Jun-14-2006
Reported in: [2006(4)JCR97(Jhr)]
Narendra Nath Tiwari, J.1. In this writ application the petitioners have prayed for quashing the order dated 10.05.2005 whereby learned Court below has refused to accept the written statement filed by the defendants-petitioners on the ground that the same was filed beyond the period prescribed by the amended provision of the Code of Civil Procedure as also for quashing the order dated 23.02.2006 whereby learned Court below has refused to recall the earlier order dated 10.05.2005.2. It has been stated by the defendants-petitioners that they had appeared on 09.09.2004 and filed a petition on the same day praying for a direction on the plaintiff to supply a legible copy of the plaint. The petition was entertained and the plaintiffs were directed to file a legible and visible copy of the plaint. It has been submitted that the copy of the plaint was supplied on 23.11.2004 and on the petition of the defendants, time was granted for filing written statement. The petitioners, thereafter, filed...
Central Coalfields Limited Through Its General Manager Administration ...
Court: Jharkhand
Decided on: Jun-14-2006
Reported in: IV(2007)BC17; [2006(4)JCR310(Jhr)]
Narendra Nath Tiwari, J.1. The petitioner has preferred this revision against the order dated 18.06.2005 passed by learned Sub Judge I, Hazaribagh in Money Suit No. 3 of 2004, whereby the petitioner's application for reference of dispute for arbitration filed under, purported provision of Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act') has been rejected. According to the petitioner, there was an agreement between the parties with regard to transportation of sand from Damodar river to Sonda Colliery for the period 12.02.1994 to 11.02.1995. The agreement came to an end on 11.02.1995, but the General Manager, Central Coalfields Limited; Barkakana requested the plaintiff-opposite party to continue the transportation of sand till new tender is finalised. It has been stated that on the said request and on the agreed term that the rate will be revised with effect from 12.02.1995, the petitioner undertook the transportation work from 12.02.19...
Jharkhand State Electricity Board Through Its Chairman Vs. Dhibu Mahto ...
Court: Jharkhand
Decided on: Jun-14-2006
Reported in: [2006(4)JCR580(Jhr)]
ORDER1. This writ petition has been preferred by Jharkhand State Electricity Board (hereinafter referred to as 'Board') against the judgment dated 25th August, 2004 passed by the learned single Judge in W.P. (S) No. 3261 of 2004.2. By the said judgment, the learned single Judge while setting aside the order contained in letter dated 21st June, 2004 held that the respondent-writ petitioner, Dhibu Mahto, is entitled to continue in service upto the age of 60 years i.e. upto October. 2009 on the basis of age (28 years) as recorded in his service book.3. The facts, which have not been disputed by the parties and evident from the record, are as follows:The respondent, Dhibu Mahto, was appointed in the services of the then Bihar State Electricity Board on 18th October. 1977 as Unskilled Khalashl His age was recorded as 28 years i.e. 28 years when he joined the service on 18th October. 1977. As per Service Rules, he is to continue with the service of the Board till 60 years, the age of superan...
Md. Maqbul Mian and ors. Vs. Sibu Ram Munda and ors.
Court: Jharkhand
Decided on: Jun-14-2006
Reported in: [2007(1)JCR190(Jhr)]
Nrendra Nath Tiwari, J.1. Heard the parties.2. In this application the applicants-appellants have prayed for substitution of the heirs and legal representatives of the deceased respondent Nos. 3 and 4 by setting aside the abatement and condoning the delay in filing the substitution petition. It has been stated that appellants came to know about the death of the said respondents when the same was informed by a petition dated 9.8.2005 filed by the defendants-respondents. It has been stated that thereafter a letter was immediately sent by the counsel informing the same to the petitioners who collected the necessary information and managed fund and immediately rushed to this Court and filed this application on 12.9.2005. It has been submitted that there is no wilful delay or laches on the part of the appellants and they were prevented from taking steps for substitution as they had no knowledge about the death on the said respondents earlier and as soon as they came to know about the same, ...
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