Jharkhand Court July 2006 Judgments
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Ranchi Medical Research and Development Foundation Private Limited and ...
Court: Jharkhand
Decided on: Jul-11-2006
Reported in: [2006(4)JCR221(Jhr)]
R.K. Merathia, J.1. Heard the parties.2. Petitioners have challenged the order dated 4.11.1997, (Annexure-18) withdrawing exemption certificates; the order dated 18.12.1997, (Annexure-20), directing the petitioners to pay customs duty to the tune of Rs. 1,74,12.357/- for importing medical equipments detailed as per list; and also the orders of seizure/detention of equipments passed under Section 111(1) of the Customs Act, 1952 (the Act for short) dated 23.1.1998 (Annexure-23).3. Mr. Anil Kumar Sinha, learned senior counsel appearing for the petitioners, submitted that even if the matter is covered by the judgments of Supreme Court, the duty cannot be recovered from the petitioners as the demand was made beyond the period prescribed under Sub-section (1) of Section 28 of the Act. He further submitted that in view of Article 137 of the Limitation Act, also no demand could be raised after three years. He further submitted that the respondents are stopped from recovering the custom duty fr...
Raghunath Ram © Raghubir Ram Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-11-2006
Reported in: [2006(4)JCR439(Jhr)]
S.J. Mukhopadhaya, A.C.J.1. This application has been preferred by the petitioner against the order dated 12th January, 2001 passed in Land Ceiling Appeal No. 10.18/1993-94, whereby and whereunder, the Addl. Collector, Giridih, white allowed the appeal in favour of the 5th respondent (Rukwa Devi), set aside the original order dated 2nd August, 1993 as was passed by the Land Reforms Deputy Collector, Giridih in Land Ceiling Casa No. 2/93.2. The present case relates to pre-emption. The 5th respondent (Rukwa Devi), being preemptor, filed an application under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act. The petitioner is stated to be the purchaser. The application for pre-emption under Section 16(3) Of the Act was preferred in respect of land measuring 0.13 Acres out of plot No. 150 of khata No. 21, situated at village Kadmatol, P.S. Bengabad, District-Giridih. Claiming herself to be the adjoining raiyat, (5th respondent) claimed h...
Arjun Kumhar Vs. Tata Iron and Steel Company,
Court: Jharkhand
Decided on: Jul-11-2006
Reported in: [2006(4)JCR325(Jhr)]
Narendra Nath Tiwari, J.1. This second appeal by the plaintiff is against the judgment and decree of reversal.2. The plaintiff filed the suit praying decree for declaration that the defendant No. 1 who is the second son-in-law is entitled to get service as his dependent. The petitioner's case is that he was an employee in the Digwadih Colliery in TISCO and had put in 28 years of service. He took voluntary retirement in the year 1976. The plaintiff has only two daughters and has no son. The elder son-in-law, Subodh Kumbhkar, is an employee of B.C.C.L. and second daughter is married to Hiru Kumbhkar. The second son-in-law Hiru Kumbhkar is unemployed. In the service rule one dependent of a person, who takes voluntary retirement, is entitled for employment in the Company. When the plaintiff took voluntary retirement in 1976, his two daughters were minor and he had no other dependent. In the year 1988 the plaintiff approached the defendant and requested them to provide employment to his eld...
Babu Ram Mrumu and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jul-11-2006
Reported in: [2006(4)JCR179(Jhr)]
D.K. Sinha, J.1. The present Cr. Revision has been preferred by the petitioners herein against the judgment passed in Cr. Appeal No. 64/94 by the Additional Sessions Judge, F.T.C., Dumka whereby and whereunder the judgment and order of sentence passed by Shri N.K. Gupta, Judicial Magistrate, 1st Class, Dumka in G.R. case No. 46/1990 corresponding to T.R. No. 513/04 dated 18.5.1994 was upheld. The petitioners were held guilty by the trial Court and were sentenced to undergo rigorous imprisonment for two years under Section 452, IPC each and imprisonment for 3 months for their conviction under Section 323, IPC to run concurrently.2. The prosecution story in brief is that the informant while was sleeping in the night on 15.1.1990 he heard the noise of breaking his door and no sooner did he arrive at the door, as many as five named accused including the petitioners entered in the house, variously armed, to which the informant resisted. Disclosing the motive to the informant they declared t...
Krishandeo Sah Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jul-11-2006
Reported in: [2006(4)JCR166(Jhr)]
D.K. Sinha, J.1. The petitioner has preferred this petition under Section 482, CrPC for quashing the entire criminal proceedings including the order dated 24.8.2004 whereby, and where under the S.D.J.M. Porahat at Chaibasa has taken cognizance of the offence under Section 26(1)(d)(f)(g) of Indian Forest Act, 1927 read with Bihar Amendment Act, 1989 in connection with C/3 Case No. 12/2001 presently pending in the Court of Shri Vishal Srivastava, J.M. 1st Class, Chaibasa.2. The prosecution story in brief is that on 18.2.2001 Truck No BRV 9596 with another Truck No. BRS 2521 and one Dumper bearing registration No. BR-18-A 7271 were intercepted by the Forest Guard at Railway siding, Sonua Railway Station while the said vehicles were un-loading the stone metals on the reasonable suspicion that the stone metals were carried without authority from the Forest Area. On demand no valid paper was produced by the drivers of the said vehicles about the possession and transportation of the stone met...
Tata Steel Ltd. Vs. Bendict Toppo
Court: Jharkhand
Decided on: Jul-11-2006
Reported in: [2006(4)JCR506(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard learned Counsel for the petitioner.2. The petitioner is challenging the order dated 14.6.2005 passed by the Presiding Officer, Labour Court, Jamshedpur in B.S.E. case No. 18/95 whereby the Labour Court directed reinstatement of the respondent-workman with backwages.3. The respondent-workman was in the service of the petitioner as Assistant Manager, subsequently promoted to the post of Area Manager and then Senior Community Development Officer. Finally the workman was promoted to the post of Welfare Manager in Tribal Welfare Cell.4. It appears that the respondent-workman was departmentally proceeded on the allegation that the money allotted for organizing hockey tournament was converted by him in purchasing some color flags which he kept in his custody.5. The Labour Court appreciated the entire evidence and found that the witnesses simply stated that out of the money amounting to Rs. 2000/- which was allotted for organizing hockey tournament was diverted in p...
Sanjay Kumar Vs. State of Jharkhand Through the Superintendent of Poli ...
Court: Jharkhand
Decided on: Jul-11-2006
Reported in: [2006(4)JCR171(Jhr)]
D.K. Sinha, J.1. The petitioner herein has preferred this petition under Section 482, CrPC for quashing the charge framed against him on 27.6.2003 in R.C. Case No. 66(A)/96 by Shri P.R. Das, Special Judge-IV, CBI, AHD Cases, Ranchi under Sections 420, 467, 468 and 471 read with 465, IPC.2. The First Information Report was lodged by the CBI on 5.7.1996 with respect to the famous 'Fodder Scam' wherein, the father of the petitioner Dr. Gauri Shankar Prasad was made named accused (An-nexure-1) in relation to excess withdrawal and expenditure in the Animal Husbandry Department during the period 1977 to 1996.3. Learned Counsel submitted that the name of the petitioner was conspicuously absent in the First Information Report and there was no whisper about his complicity in the alleged 'Fodder Scam'. However, after investigation the CBI submitted charge-sheet on 26.1.2000 and his name was figured at Sl. No. 48 therein with the allegation at page 28 that he had actively assisted the firm 'Mediv...
Baldeo Mandal Vs. the State of Bihar and ors.
Court: Jharkhand
Decided on: Jul-11-2006
Reported in: 2007(1)BLJR174; [2006(4)JCR390(Jhr)]
Amareshwar Sahay, J.1. In this application the prayer has been made by the petitoner to quash the order dated 17/04/1989 passed by the Commissioner, Santhal Parganas Division, Dumka in Revenue Misc. Revision No. 246/1987-88, whereby the learned Commissioner set aside the order of settlement of Plot No. 51 area 2 Bighas 4 Kathas and 19 dhurs of mouza Korikatinaia P.S.- Jama in the District of Dumka made in favour of the writ petitioner and up held the settlement of the said land made in favour of the private Respondents.2. From perusal of the impugned order, i.e. Annexure-1, passed by the Commissioner, it appears that he has held that the settlement made in favour of the writ petitioner was against the provisions of Section 28 of the Santhal Parganas Tenancy Act, 1949. Section 28 of Santhal Parganas Tenancy Act, 1949 reads as under:28. Principles to be followed in settling waste land or vacant holdings- In making settlement of waste land or vacant holdings regard shall be had to the fol...
Ashok Kumar GoraIn Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-11-2006
Reported in: 2007(1)BLJR370; [2007(1)JCR261(Jhr)]
Permod Kohli, J.1. Validity of the advertisement notification issued by the Jharkhand Public Service Commission, published in 'Dainik Jagaran', a vernacular daily in the issue dated 17th of December, 2004, has been challenged in so far it prescribes the eligibility condition for the post of Teachers. Vide aforesaid advertisement notice, applications have been invited for the posts of Teachers in the Human Resource Development Department for 2507 available vacancies in various subjects specified in Clause 1 of the Notification. Clause III of the aforesaid Notification prescribe qualifications and eligibility criteria. In terms of the aforesaid clause, an applicant should be a Graduate from any of the State or Central Institute in the subjects of Arts, Science and Commerce with 2nd Class and minimum of 50 per cent marks in the concerned subject. Minimum percentage for scheduled castes and scheduled tribes has been prescribed as 45 per cent. Candidate should also be trained with B.Ed. Deg...
Ram Balak Dusadh Vs. Bokaro Steel Ltd. and anr.
Court: Jharkhand
Decided on: Jul-11-2006
Reported in: [2006(4)JCR248(Jhr)]
Permod Kohli, J.1. Petitioner was appointed as over Top Man on 14th of August, 1973 and he joined his service on 23rd of October. 1973 in the pay scale of Rs. 230-284/-. On 31st of March, 1987 petitioner was caught by the CISF Personnel while trying to take out mobil oil approximately 2.50 liters from the plant concealed in his scooter. He was charge-sheeted by the Management on being suspended by letter dated 30th of April, 1987 and Enquiry Committee was constituted vide letter dated 3rd of June, 1987 to enquire into the charges. The Enquiry Committee reported that the charge was established against the petitioner and, accordingly, petitioner came to be dismissed from service vide order No. 114 dated 14th of September, 1987. An industrial dispute was raised, which was referred to the Labour Court. Bokaro, being Case No. 6 of 1990. The Labour Court, Bokaro vide its award dated 5th of April, 2004 upheld the order of dismissal. Petitioner has challenged the award of the Labour Court in t...
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