Jharkhand Court August 2006 Judgments
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Shib Nath Mahto Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Aug-07-2006
Reported in: [2006(4)JCR576(Jhr)]
R.K. Merathia, J.1. Petitioner has challenged the order dated 15.12.1997 (An-nexure-8) passed by respondent No. 2 in Ranchi Settlement Appeal No. 377 of 1988.2. Respondent No. 5 filed objection under Section 83 of the Chhotanagpur Tenancy Act, 1908 (for short 'the Act') being Objection No. 132 of 1986 for correction of record of rights. On 21.5.1986 respondent No. 4 found the objection of respondent to be correct on the basis of possession. The petitioner filed a revision before respondent No. 3 which was registered as Case No. 12/Bundu/1987. In his order dated 50.9.1988 respondent No. 3 found that ten decimal of land was recorded less in the name of respondent No. 5 but in the concluding portion, he ordered that the disputed Plot No. 982 be deleted from Khata No. 67/ka of 'Prativadi' (respondent No. 5) and name of petitioner etc. be recorded. Apparently this concluding portion was contrary to the findings recorded by respondent No. 3 in favour of respondent No. 5. In the circumstances...
Shekhar Bhushan Nag Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Aug-07-2006
Reported in: AIR2007Jhar18; [2006(4)JCR430(Jhr)]
Amareshwar Sahay, J.1 In the instant writ application the prayer of the petitioners is for a direction to the respondents to permit the petitioner to grant fitness certificate for the vehicle to whom renewal of certificate of registration is granted under Rule 52 of the Central Motor Vehicle Rules, 1989 and also for a direction to the respondents to allow him to issue pollution certificate to the motor vehicle.2. The facts in short are that the petitioner has been granted letter of Authority being No. 2/90 for establishing an authorized testing station under Rule 63(1) and (5) of the Central Motor Vehicle Rules, 1989 to run his testing station at Jamshedpur. Accordingly, the petitioner established and running an authorized testing station at Jamshedpur.3. According to the petitioner in view of Section 56 of the Motor Vehicle Act, 1988, a certificate of fitness is required for a transport vehicle for plying it on the road and the certificate of fitness can be issued by the prescribed au...
Nagarjuna Construction Company Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-05-2006
Reported in: 2007(2)CTLJ25(Jhar); [2006(4)JCR577(Jhr)]
S.J. Mukhopadhaya, Acting C.J.1. The petitioner, having disqualified the 1st stage from taking part in the tender process, has challenged the entire process of selection.2. It appears that a Notice Inviting Tender was issued by the respondent-State of Jharkhand in October, 2005 for construction of Section-VII of six lane-Ranchi, Ring Road (Katihar 11th NH-75 to Karma 114th Km NH-33) including Bridges, Culverts, Flyovers and Elevated Cross Roads etc. Apart from experience, the following particular construction experience was made one of the pre-condition:3.3 Experience and Turnover3.3.1 Experience(a) The applicant shall provide documentary evidence of having been actively engaged in the civil works construction business during the last five years in the role of prime contractor or partner in joint venture of subcontractor. (b) Particular construction experience:The Applicant shall provide evidence that it has successfully completed or substantially completed within the last seven years ...
Surendra Jha Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-05-2006
Reported in: [2006(4)JCR330(Jhr)]
Permod Kohli, J.1. Quashment of the Communication dated January, 6, 2003, issued by the Secretary, Managing Committee of St. Xaviers School, Doranda, Ranchi conveying the decision of the Managing Committee to retain the retirement age of teachers at 58 years is sought, in this writ application. Further daections are sought to prohibit the implementation of the decision of retirement at the age of 58 years and also to fix the retirement age of the petitioner and employees of the St. Xaviers School at 60 years in tune with the prevailing law for the Government servants in the State of Jharkhand.2. Petitioner is a teacher in the St. Xaviers School, Doranda, The School is being managed and run by the Society through its Governing body. It is in unaided private school affiliated with the Council for the Indian School Certificate Examinations (I.C.S.E.). The School is also a member of All Bihar Christian School Association (in short 'ALBICSA'). It is averred in the writ petition that service...
Bhim Sen Sulanki and ors. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-05-2006
Reported in: [2006(4)JCR190(Jhr)]
Permod Kohli, J.1. All those petitions involve common questions of law and are being disposed of by this common judgment.2. Petitioners herein are in-charge Supervisors and Panchayat Sevaks, posted in various Panchayats/Blocks in Singhbhum West, Chaibasa. They are aggrieved of the letter dated 04th of February, 2004 issued by respondent no. 5, ordering recovery from the petitioners on account of alleged loss caused to the Slate exchequer due to dereliction of duty by them. Validity of the order is challenged, inter alia, on the grounds:-(i) Order suffers from non-observance of principles of natural justice. (ii) Order has been passed in most arbitrary and mala fide manner. (iii). Petitioners being officials at the lower rung of the organization/department had/have no role in disbursement of the payments for the works, in question, and cannot be made liable for any recovery. 3. The facts leadings to the filing of the present petitions are briefly noticed, hereinafter.4. In a District ...
Employers in Relation to the Management of Kusunda Area of M.S. Bharat ...
Court: Jharkhand
Decided on: Aug-03-2006
Reported in: [2006(4)JCR288a(Jhr)]
R.K. Merathia, J.1. Petitioner-Management has prayed for quashing the award dated 16.4.1997, passed by the Central Government Industrial Tribunal No. 2, at Dhanbad in Reference Case No. 15 of 1995 (Annexure-6).2. The following dispute was referred for adjudication vide order dated 7.2.1995.Whether the action of the management of Gondudih Colliery under Area No. VI of Kusunda Area of M/s BCCL in superannuating Shri Barmeshwar Lall, Ex-Leave Clerk w.e.f. 1.7.1993 is justified? If not, to what relief Shri Lall is entitled?3. Mr. A.K. Mehta, learned Counsel appearing for the Management, submitted that column 4 of Form B Register is meant for mentioning the age and column 5 is for mentioning the details of certificate of training under the Mines Vocational Training Rules, 1966. In column 4, the age of workman was mentioned as '38' as declared by him, but in column 5 which was not meant for age or the date of birth-' 8.6.1936 as per Id. Register' was inserted by manipulation. In order to ver...
Liquor King and Mount Shivalik Brewaries Ltd. Vs. the State of Jharkha ...
Court: Jharkhand
Decided on: Aug-03-2006
Reported in: [2006(4)JCR343(Jhr)]
1. In these cases, as the common question of law is involved, they were heard together and are being disposed of by this common order.2. The appellants have challenged the respective orders passed by the learned Single Judge, whereby and whereunder the writ petitions preferred by them were rejected.3. The appellant, M/s Liquor King, Palamau (LPA No. 191 of 2006) has challenged the order contained in Memo No. 319 dated 26th April, 2005 issued by the respondents, whereby and whereunder the appellant was directed to deposit a further sum of Rs. 3,50,000/- being the difference of enhanced licence fee. Similar order contained in Memo No. 836 dated 29th April, 2005 issued by the respondents have been challenged by the appellant, M/s Mount Shivalik Breweries Ltd. (LPA No. 234 of 2006).4. The main plea taken by the appellants is that the subsequent notification No. 522 dated 12th April, 2005 issued by the respondents enhancing the licence fee from Rs. 1,50,000/- to Rs. 5,00,000/- is not applic...
Sheo Nandan Prasad (S.N. Prasad) Vs. Uco Bank and ors.
Court: Jharkhand
Decided on: Aug-03-2006
Reported in: [2006(4)JCR323(Jhr)]
Amareshwar Sahay, J.1. The petitioner was departmentally proceeded by the UCO Bank for the allegations that while he was posted as Assistant Manager (Cash) at Bermo Branch, received various amounts aggregating Rs. 28085/- from 45 locker hirers on different dates for depositing towards their locker rent, but he did not account for these sum in bank books and did not deposit these money in the bank. Instead in violation of bank's rules and procedures unauthorisedly, most irregularly and fraudulently retained the amount aggregating Rs. 28085/- with himself with an intent to cause wrongful gain to himself and wrongful loss to the bank and thereby failed to discharge his duties with utmost integrity, honesty and derived pecuniary benefit for himself.The second charge was that he in complete violation of Bank's and procedures most irregularly issued acknowledgment of receipt of cash to the locker hirers and also made corresponding fake entries in the locker rent received register, for the am...
Falguni @ Anirudh Pradhan and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Aug-03-2006
Reported in: 2007CriLJ451; [2006(4)JCR231(Jhr)]
D.P. Singh, J.1. Appellant Falguni Pradhan and his parents stand convicted for the offence under Section 498-A of the Indian Penal Code and each sentenced to serve rigorous imprisonment for one year while appellant Falguni Pradhan stands further convicted for the offence under Section 493 of the Indian Penal Code and sentenced to serve rigorous imprisonment for five years, by the 3rd Additional Sessions Judge, Chaibasa in Sessions Trail No. 37 of 1991.2. Brief facts leading to their conviction are that Tapaswani Pradhan and appellant Falguni Pradhan have got their houses in front of each other situated in Mauza Kochra, Police Station-Hat Gamariya. Further stated that appellant Falguni Mahto developed intimacy with Tapaswani Pradhan and on assurance of marrying her, they started cohabitation. It is further stated that on 5.7.1987, appellant Falguni Pradhan took her to Noamundi temple and performed the exchange of garlands putting vermilion on her head in presence of priest. Thereafter T...
Anil Prasad Vs. the Chairman, Bank of India and ors.
Court: Jharkhand
Decided on: Aug-03-2006
Reported in: [2007(1)JCR258(Jhr)]
Permod Kohli, J.1. Petitioner while serving as a Branch Manager at Dimna Chowk Branch, Jamshedpur of the Singhbhum Kshetriya Gramin Bank was involved in two criminal cases, one private complainant lodged a complaint case No. 106 of 2001 in the Court of Chief Judicial Magistrate, Jamshedpur. It is stated that under the orders of the Chief Judicial Magistrate, an F.I.R. was registered as TELCO P.S. Case No. 276 of 2001 dated 13th of November, 2001 under Sections 467, 468, 420 and 120B of the Indian Penal Code and 13(1) of the P.C. Act, 1998. Petitioner was enlarged on bail. Later a criminal chargesheet was filed in the Court of Central Bureau of Investigation. Simultaneously a chargesheet was served upon the petitioner asking him to file the reply. Enquiry Officer was appointed vide order No. H.O.I.R. 2003-04-173 dated 28th April, 2003 to enquire into the charges against the petitioner. A departmental enquiry was concluded on 13th of June, 2003 and enquiry report with findings prepared o...
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