Jharkhand Court July 2006 Judgments
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The New India Assurance Company Ltd. Vs. Ganga Devi and ors.
Court: Jharkhand
Decided on: Jul-19-2006
Reported in: IV(2006)ACC161; 2006ACJ2857; AIR2007Jhar40
M.Y. Eqbal, J.1. This revision application under Section 115 of the Code of Civil Procedure has been filed by the petitioner by New India Assurance Company Limited challenging the judgment and award dated 20.8.2004 passed by 12th Additional District Judge-cum-Motor Accident Claims Tribunal Judge, Dhanbad in Title (MV) Suit No. 5 of 1997 whereby he has awarded compensation in favour of the claimant on the application filed by the claimants under the Motor Vehicles Act.2. The matter was heard by learned Single Judge and notices were issued for deciding maintainability of the revision application against filed by the appellant-insurer the judgment and award passed by the Tribunal.3. After notice the matter was placed before the learned Single Judge and parties were heard. Learned Counsel appearing for the petitioner relied upon the decision of the Single Bench of this Court in the case of 'The New India Assurance Co. Ltd. v. Ramchandra Sao and Ors.' (2005) 1 JCR-163 and submitted that the...
Bihar State Mineral Development Corporation Ltd. Vs. State of Bihar (N ...
Court: Jharkhand
Decided on: Jul-19-2006
Reported in: [2006(4)JCR217(Jhr)]
ORDERRamesh Kumar Merathia, J.1. This writ petition has been filed against the order dated 9.3.1987 passed by respondent No. 4 in B.B.C. Case No. 40 of 1986 (Annexure 1) determining fair rent of the premises in question at the rate of Rs. 2.75 paise per sq. ft. totaling Rs. 10,681/- per month and also for quashing the order dated 29.10.1988 passed by respondent No. 3 in House Rent Appeal No. 21 R 15 of 1987-88 (Annexure 2) dismissing the petitioner's appeal and also for quashing the order dated 16.1.1997 passed by respondent No. 2 in H.R.C. Revision No. 1 of 1989 (Annexure 3) confirming the said order.2. Respondent No. 5 filed a petition under Section 5 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (for short 'the Act') for fixation of fair rent. The House Rent Controller (respondent No. 4) after considering the entire matter and after hearing the parties, fixed Rs. 2.75 paise per square feet (Rs. 10,681/- per month for a total area of 3884 square feet), payable f...
Durga Ram Verma Vs. the State of Bihar and ors.
Court: Jharkhand
Decided on: Jul-19-2006
Reported in: 2007(1)BLJR170; [2006(4)JCR261(Jhr)]
Amareshwar Sahay, J.1. In course of arguments, learned Counsel for the petitioner confined his prayer for direction to the respondent for payment of pension to the petitioner only. He submits that the petitioner was appointed as a Clerk in Pratibhamayee Balika Uchha Vidyalaya, Tharpakhna, Ranchi in the year 1977. The said School was declared subsequently as a Minority School but ultimately, the said school was closed down in December, 1989 by the Managing Committee of the School.2. The petitioner, on the basis of some Circular of the State Government, filed a representation as contained in Annexure-10 and put his application to the Director, Secondary Education, Government of Bihar, Patna praying therein to allow him pension since after closure down of the School, he was removed from the service. It is stated that the said representation was not considered and no order was passed by the concerned authority.3. In this view of the matter, this application is being disposed of by directin...
Dr. Taleshwar Prasad Mahto Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-19-2006
Reported in: [2007(1)JCR131(Jhr)]
Permod Kohli, J.1. Petitioner is an Assistant Teacher in the substantive rank and was posted, as such in the Government Boys High School, Hazaribag on 19th of August, 1983. The Principal of the School Jai Govind retired in the year 1999. In absence of the appointment of any regular Principal, petitioner being the senior most Teacher of the School was made in-charge Principal, vide memo No. 626 dated 09th of June, 1999 and he took over the charge on the following date i.e. on 10th of June, 1999 and since then he continued to discharge the duties of the Principal. He was also conferred the power of Drawing and Disbursing Officer by the Government of Bihar, Patna vide Memo No. 215 dated 30th of March, 2000. While the petitioner was acting as In-charge Principal of the School, the State Government issued Notification No. 1620 dated 18th of June, 2005, whereby several officers of the Human Resources Development Department are transferred. Respondent No. 4, who is an Officer of the Jharkhand...
N.R. Construction Private Limited Vs. Ram Badan Singh and ors.
Court: Jharkhand
Decided on: Jul-19-2006
Reported in: [2006(4)JCR262(Jhr)]
Narendra Nath Tiwari, J.1. This civil revision is against the order dated 28.06.2006 passed by the Subordinate Judge I, Bokaro in Execution Case No. 2 of 2001 whereby the court below has rejected the petitioner's prayer for adjustment of the cross award under the provision of Order XXI Rules 18 and 19 of the Code of Civil Procedure2. The petitioner's case is that in between the parties there was an award dated 19.04.1997 and certain sum was awarded to the petitioner against the opposite party. Subsequently, there was an award dated 25.11.2000 in which some amount was payable by the petitioner to the opposite parties. The proceeding for execution of both the awards arc pending in the Court below and in that circumstance, the petitioner is entitled for adjustment of the rights and liabilities of the said award.3. A counter affidavit has been filed by the opposite parties stating interalia, that the award dated 19.04.1997 was an interim award which merged into the final award dated 25.1 1...
Sri Suresh Chandra Gaur Vs. Union of India (Uoi),
Court: Jharkhand
Decided on: Jul-19-2006
Reported in: 2007(1)BLJR171; [2006(4)JCR249(Jhr)]
Amareshwar Sahay, J.1. In the present Writ Application, the petitioner has challenged the order as contained in Annexure-3 whereby, in exercise of the powers under Section 9(A) of the Industrial Disputes Act, the Central Government has refused to refer the dispute for adjudication on the ground that the Union filed a case regarding reduction of wages to the workman after lapse of so many years and that the demand of the Union was vague and frivolous and therefore, no Industrial Dispute subsisted for adjudication.2. Learned Counsel for the petitioner relying in the cases of Telco Convoy Drivers' Mazdoor Sangh and Anr. v. State of Bihar and Ors. reported in 1989 SC 1565 and Sapan Kumar Pandit v. U.P. State Electricity Board and Ors. reported in : (2001)IILLJ788SC has submitted that the Central Government had no jurisdiction at all to enter into the merit of the claim of the Union while refusing to refer the dispute for adjudication. It was further submitted that on the ground of delay al...
Bipta Sahu and ors. Vs. Commissioner, South Chhotanagpur Division and ...
Court: Jharkhand
Decided on: Jul-19-2006
Reported in: [2006(4)JCR288(Jhr)]
Amareshwar Sahay, J.1. In this application, the petitioners have challenged the Order dated 7.7.1997 contained in Annexure-5 passed by the Commissioner, South Chhotanagpur Division, Ranchi whereby the learned Commissioner, while exercising revisional powers under the Chhotangapur Tenancy Act, allowed the revision petition filed by the respondent No. 4 and set aside the order of the Special officer, S.A.R. dated 2.11.1976 rejecting the application for restoration filed under Section 71-A of the Chhotanagpur Tenancy Act by the respondent No. 4 and also the appellant order dated 2.9.1985 by the Additional Collector dismissing the appeal of the respondent No. 4 filed against the order of the Special Officer. S.A.R.2. From the impugned order, it appears that the learned Commissioner, South Chhotanagpur Division, Ranchi has held that admittedly according to the petitioner herein, the surrender of the land was made in between the years 1949 to 1954 through registered deeds but no permission o...
Smt. Moti Devi Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jul-19-2006
Reported in: [2007(1)JCR270(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. The husband of the petitioner, late B.M. Choudhary, who was Head of Department (Economics) in A.B.M. College, Jameshedpur, died in harness on 3rd February, 1997. The outstanding dues not having been paid to the widow, she has preferred the instant writ petition. In Annexure 7 to the writ petition while following amounts are shown to have been paid, certain other amounts have been shown 'not paid':Dues paid to Mrs. Moti Devi wife of late B.M. Chaoudhary, Deptt. of Eco. A.B.M. College, Jameshedpur-3.(1) Arrears of pension Rs. 28,118.00 from Feb. '97 to Nov. '97 in April '98.(2) Provisional pension continued from Dec. '97 and received from April '98.(3) Group Insurance Rs. 86,820.00 paid in Feb. '98.(4) Deposit portion of P.F. with D.D.A. Rs. 30,328.00 paid in Sept '98.(5) Gratuity provisionally Rs. 69,404.00 paid in March '99.Dues not paid with amount till today dated 5.10.01 Dues-1. Full P.F. with interest Rs. 18,570.002. Leave encashment not paid (72 da...
Lakhan Lal Pandey Vs. State of Bihar,
Court: Jharkhand
Decided on: Jul-18-2006
Reported in: [2006(4)JCR461(Jhr)]
Amareshwar Sahay, J.1. In this application the petitioner has prayed for issuance of direction to the respondents to promote the petitioner to Grade-3 post from retrospective effect, i.e. from the date his juniors were promoted to the said post.2. The petitioner being appointed as a Chaukidar was working as such in the Department of Animal Husbandry of the State Government. The post of Chaukidar is a Grade-IV post. The case of the petitioner is that pursuant to the office memo No. 397 dated 03/05/1990, issued by the Government of Bihar, a list of Grade-IV employees working in the Animal Husbandry Department was prepared, who were having the qualification of matriculation or above for the purpose of promoting them to the post of Grade-III. In the said list the name of the petitioner stand at Sl. No. 35. The copy of the list has been annexed as Annexure-3 to the writ application.3. The grievance of the petitioner is that some of the persons namely Shankar Pandey, whose name was appearing...
Binod Prasad Vs. Project Auto and Company, Hec and Presiding Officer, ...
Court: Jharkhand
Decided on: Jul-18-2006
Reported in: [2006(4)JCR229(Jhr)]
Amareshwar Sahay, J. 1. From the impugned order (Annexure-9) it appears that the Presiding Officer, Labour Court, Ranchi disposed of six cases under the Bihar Shops and Establishment Act, filed by the different employees of M/S Project Auto & Company, the respondent herein, and thereby, dismissed all the six cases, which were instituted on the basis of the complaint made by those employees under Section 26(2) of Bihar Shops and Establishment Act where the prayer was made for their reinstatement with back wages.2. The complaint filed by the present petitioner Binod Prasad under Section 26(2) of Bihar Shops and Establishment Act was registered as B.S. Case No. 1/1996 and the same has also been dismissed by the impugned order, which has been challenged in the present writ application. Therefore, in the present case this Court is concerned with the case of the petitioner Binod Prasad only.3. From the impugned order it appears that the learned Presiding Officer, Labour Court formulated the ...
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