Jharkhand Court July 2006 Judgments
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Uma Shankar Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-14-2006
Reported in: 2007(2)CTLJ109(Jhar); [2006(4)JCR507(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ petition the petitioner has prayed for quashing the work orders dated 11.2.2006 by which the contract was awarded to the private respondents.2. It appears that notice inviting tenders was issued for the purpose of awarding work for construction of roads. The petitioner, along with others, submitted tender. Grievance of the petitioner is that although he is the senior-most tendered among the bidders, the respondents, ignoring the policy, did not give preference to the petitioner and allotted the contract to the private respondents.3. In the counter affidavit filed on behalf of respondent No. 4, Chief Engineer, Rural Engineering Organization, it is stated, inter alia, that the contract was awarded after proper examination and due consideration of all the bidders. So far the petitioner is concerned, it is stated that the petitioner who was allotted two works for construction of roads, has not completed the said works till date and that the said two works...
Cyril Dung Dung Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-14-2006
Reported in: [2006(4)JCR539(Jhr)]
Permod Kohli, J.1. Petitioner is aggrieved by a communication dated-28.05.2001, issued by the Accountant General (A&E;)-II, Bihar & Jharkhand, Patna fixing his pension in the pay-scale of Rs. 4500-7,000/- and also the letter dated 08.011.2001, whereby amount of Rs. 41,966/- has been deducted from his retiral benefits. Accordingly a direction is sought for quashing the recovery memo as also the communication for fixation of the pension in the lower pay scale and consequential direction for payment of the pensionary benefits in the pay-scale of Rs. 5,000-8,000/-.2. Briefly stated sequence of events whereunder petitioner now a retired Government servant earned these promotions and pay-scales is as under:Petitioner joined as Lower Division Clerk on his appointment on 7th of September, 1965. He was promoted as Upper division clerk on 11.09.1976 w.e.f. 01.04.1971 and further promoted as Head Clerk on 08.05.1976 and posted at R.E.O. works division, Dhanbad. He came to be placed in the selecti...
Ramautar Seth and ors. Vs. State of Bihar (Now Jharkhand) and anr.
Court: Jharkhand
Decided on: Jul-14-2006
Reported in: [2006(4)JCR383(Jhr)]
R.K. Merathia, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 26.3.1999 and 19.4.1999 respectively, passed by Shri Birender Singh, 1st Additional Judicial Commissioner, Khunti, in Sessions Trial No. 708 of 1994, convicting the appellants under Sections 302/34 and 120-B of the Indian Penal Code and sentencing them to undergo imprisonment for life.2. It appears from the previous order that Mr. K.S. Nanda, learned Counsel appearing for the appellants had stated that appellant No. 1, Ramautar Seth took back the papers saying that he will engage different counsels and thus he is not appearing for him. In these circumstances, appellant No. 1 was noticed and on his request to appoint amicus curiae, Mr. A.K. Das, Advocate, was appointed.3. By order dated 9.8.1999, the informant was added as party respondent in this appeal and pursuant to such notice he has appeared through Mr. H.K. Mahto.4. The prosecution case, in short, is that on 16.3.1994 at 9 p...
Terres Ekka Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-14-2006
Reported in: [2006(4)JCR640(Jhr)]
Permod Kohli, J.1. Petitioner joined as Constable on 10.11.1984 at Chaibasa. While being posted at Bahragora, he proceeded to the Police Line for collecting his salary on 4.9.1996. It is alleged that alter collecting the salary he went to his family to hand over the salary to his wife and he suddenly suffered from jaundice which prevented him from joining his duty. He, however, joined his duty on 5.10.1996. Departmental proceeding was initiated against him and vide order No. 1035 dated 28.3.2000 and he was asked to show-cause within 15 days, why he should not be discharged from service. Petitioner submitted his reply stating his illness as the reason for absence from duty. Petitioner was served with the notice vide Memo No. 318. dated 12.5.2000 informing him that departmental proceedings have been initiated against him and his first explanation is insufficient. He was asked to submit his explanation before 25.5.2000, failing which it shall be presumed that he has nothing to say in the ...
Smt. Bimla Devi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-14-2006
Reported in: [2007(3)JCR532(Jhr)]
ORDERNarendra Nath Tiwari, J.1. The petitioner, in this writ application, has prayed for a direction on the respondents to accept and adjust the payment made by her for the month of November and December, 2002 towards her licence fee. The petitioner claimed to have deposited an amount of Rs. 1,74,313/- by Cheque No. 976568, dated 14.1.2003 drawn on State Bank of India, Sahebganj Branch, which was duly credited into the State Account, as per the Bank's Certificate. An amount of Rs. 11,000/- is to be also adjusted against the value of stock given at the request of Excise Sub- Inspector. A total amount of Rs. 1,84,140/- has been deposited towards the licence fee for two months. The petitioner has further prayed for a direction on the respondents for allowing her to sell the left over stock of the spiced/country/foreign liquor of the said two months. The petitioner has also prayed for quashing the Memo No. 220, dated 10.5.2004 (Annexure-12), passed by the Superintendent of Excise, Sahebgan...
The Tata Iron and Steel Company Ltd. Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Jul-13-2006
Reported in: [2006(4)JCR195(Jhr)]
S.J. Mukhopadhaya, Acting C.J.1. This writ petition has been preferred by the petitioner- The Tata -Iron & Steel Company Limited (M/s. TISCO-hereinafter to be referred as the 'Company') for the following reliefs:a. For declaration that rails and other materials such as sleepers, points and crossings used in the laying of rail tracks in the petitioner's Steel Works at Jamshedpur to be used for moving of raw materials as well as finished products inside the said factory, including to and from the Blast Furnace and the Converter, wherein dutiable iron and steel products (final products) are manufactured, are 'inputs' within the meaning of Rule 2(g) of the Cenvat Credit Rules, 2002 and thus eligible to Cenvat Credit in respect of the duties of central excise paid thereon;b. An appropriate writ or a writ in the nature of certiorari for quashing and/or setting aside the communication dated 17th December, 2003 of the 3rd Respondent and the decision of the 2nd Respondent, contained therein, wh...
Chandrama Devi and Umakant Tiwari Vs. Smt. Puna Devi
Court: Jharkhand
Decided on: Jul-13-2006
Reported in: [2006(4)JCR175(Jhr)]
Narendra Nath Tiwari, J. 1. This is the defendants' appeal against the judgment and decree of affirmance passed by learned Additional District Judge, Jamshedpur in Title Appeal No. 41 of 1999 affirming and upholding the judgment and decree of learned Trial Court.2. The plaintiff had filed Title Suit No. 54 of 1991 in the Court of Subordinate Judge, Jashedpur praying decree for declaration that the plaintiff is the absolute owner of the suit property and that the defendants have got no manner of right, title and interest thereof. The plaintiffs also sought declaration of right, title and possession.3. The plaintiffs case in short is that the suit property was originally recorded in the name of Binod Bhagat and his co-sharer in survey records finally published in 1964. There was partition amongst the co-sharers. After the death of Binod Bhagat, his only son Ganesh Bhagat inherited the suit properly. Ganesh Bhagat entered into an agreement for sale dated 30th January, 1984 with the plaint...
Manohar Tiwary Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-13-2006
Reported in: [2007(1)JCR133(Jhr)]
Permod Kohli, J.1. Petitioner seeks a direction in the nature of mandamus to issue appointment letter to him against the vacant and appropriate post on the analogy of similarly situated persons. It is alleged that petitioner was appointed vide letter No. 1 dated 13th March, 1985 as Family Welfare Worker in Primary Health Centre, Kasimar, District-Giridih. Vide Memo. No. 3241 dated 01.12.1986 he was appointed to the post of Family Welfare Worker in the Pay-Scale of Rs. 535-765/-. It is further stated that he has performed the duties regularly and continuously as per the letter No. 464 dated 02 nd of October, 1989, of the Medical Officer-In-charge of Kasimar Hospital. Petitioner, however, disengaged from service vide memo No. 2516 dated 16th of August, 1988. A writ petition being C.W.J.C. No. 1065 of 1992 was preferred by the petitioner before the High Court, which was disposed of vide order dated 30 th of March, 1992 with the following directions:This application is disposed of with a d...
Krishna Kant Das and ors. Vs. Bihar State Electricity Board and ors.
Court: Jharkhand
Decided on: Jul-13-2006
Reported in: [2006(4)JCR177(Jhr)]
Amareshwar Sahay, J.1. The present petitioners being the Assistant Operators have prayed for quashing of the office order dated 17.1.1995 contained in Annexure-4, issued by respondent No. 5, General Manager, Patratu Thermal Power Station, (hereinafter called as P.T.P.S. for the sake of convenience) of the Bihar State Electricity Board, (hereinafter called as B.S.E.B.), by which it was decided to cancel/withdraw the benefit of upgraded scale of pay extended to the petitioners w.e.f. 1.1.1989.2. The case of the petitioners is that they were appointed as Assistant Operators by issue of Annexure-1 dated 30.12.1983 by the competent authority and since then they were working as such.It is stated that pursuant to the standing order No. 684 dated 1.9.1988 and Resolution No. 264 dated 28.2.1986 of B.S.E.B., 38 posts of Assistant Operators in the Scale of 665-16-777-20-967 were upgraded in the scale of 725-18-905-20-1005-22-1115 for the removal of stagnation with effect from 1.1.1985 and, thereb...
T.R.F. Limited Vs. Commissioner of Income Tax
Court: Jharkhand
Decided on: Jul-12-2006
Reported in: (2007)213CTR(Jharkhand)557; [2008]298ITR78(Jharkhand); [2006(4)JCR21(Jhr)]
ORDERM.Y. Eqbal, J.1. At the instance of the Assessee, on an application filed under Section 256(2) of the Income Tax Act, 1961 the Income Tax Appellate Tribunal, Patna Bench, Patna, has referred the following question to this Court for decision relating to assessment year, 1984-85:(i) Whether the Tribunal is correct in law in holding that on computer, investment allowance and additional depreciation are not allowed?(ii) Whether, on the facts and in the circumstances of the appellant's case, the Tribunal is justified in law in holding that the computer installed and used in the factory premises of the appellant is not entitled to investment allowance and additional depreciation.?(iii) Whether, on the facts and in the circumstances of the appellant's case, the Tribunal is justified in law in holding that the computer installed in the factory premises is not a part of the manufacturing machinery since it itself does not manufacture or produce any article or thing dealt by the Assessee?2....
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