Jharkhand Court August 2006 Judgments
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S.S. Ahluwalia Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Aug-02-2006
Reported in: [2007(1)JCR265(Jhr)]
ORDERM.Y. Eqbal, J.1. The matter relates to payment of compensation to the riot-victims who have been killed in 1984 because of assassination of late Mrs. Indira Gandhi, the then Prime Minister of India.2. Today I will take the matter of one Baldev Singh who filed a writ petition being C.W.J.C. No. 1696 of 1999 (R) for payment of compensation. The case of Mr. Baldev Singh is that after the assassination of the then Prime Minister, riot took place and the wife of the petitioner, namely, Surinder Kaur alongwith minor son and daughter, namely, Baljeet Singh and Kulvinder Kaur, were brutally killed. The petitioner's father-in-law, mother-in-law and brother-in-law were also killed by the unruly mob. This Court by order dated 27.9.2001 issued notices to the respondents including the Deputy Commissioner, Bokaro Steel City, Bokaro, for filing counter affidavit. But no counter affidavit has been filed in that case till date. However, in the present case ie. W.P. (C) No. 3784 of 2005, a counter ...
Kamal Shankar Srivastava Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-01-2006
Reported in: [2006(4)JCR207(Jhr)]
ORDERM.Y. Eqbal, J. 1. The petitioner has prayed for quashing the order as contained in Memo No. 207/06-31 dated 30.6.2006, whereby respondent No. 5 - Shri Baldeo Choudhary, has been transferred and posted as District Transport Officer, Dhanbad in place of the petitioner without issuing an order of posting of the petitioner.2. The petitioner joined the Bihar Administrative Services and was allocated Bihar cadre. Petitioner's services were given to the Transport Division vide notification dated 7th February 2002 and petitioner was posted as District Transport Officer, Giridih. By another notification dated 30.12.2003, he was transferred to the post of District Transport Officer, Singhbhum West, Chaibasa. Again he was transferred and posted as District Transport Officer, Jamshedpur by notification dated 14.12.2004. within a short span of time, the petitioner was again transferred and posted as District Transport Officer, Dhanbad vide notification dated 11.6.2005. By the impugned notifica...
Rajeshwari Devi and ors. Vs. the Commissioner, South Chhotanagpur Divi ...
Court: Jharkhand
Decided on: Aug-01-2006
Reported in: [2006(4)JCR182(Jhr)]
Amareshwar Sahay, J. 1. The Judgment/order of the Commissioner, South Chhotanagpur Division, Ranchi dated 20.04.1999 in S.A.R. Revision No. 288 of 1987 contained in Annexure - 3 to the writ application is under challenge, whereby the learned Commissioner, in exercise of the powers under Section 217 of the Chhotanagpur Tenancy Act (in short C.N.T. Act) has allowed the revision filed by the respondents by setting aside the order dated 24.09,1986 of the Special Officer, Scheduled Area Regulation (Annexure - 1) and the appellate order dated 25.08.1987 (Annexure - 2).2. The land in question in the present case is Plot No. 608 of Khata No. 1 area 42 Decimals situated in village - Haradih, P.S. -Tamar, District - Ranchi. This land was recorded in the Survey Record of Rights as 'Zirat' land of ex-landlord Manki Sita Nath Singh. The ex-landlord settled the above lands with the fattier of the Respondent Nos. 4 to 7 i.e. with Late Sukhu Mahto on 22.08.1951 by a Hukumnama.3. The Petitioners herein...
Sanjay Kumar Sahu @ Sanjay Sahu Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-01-2006
Reported in: [2006(4)JCR279(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ application the petitioner has prayed for quashing the order as contained in memo No. 736 dated 23.12.05 issued by respondent No. 2 Deputy Commissioner, Gumla whereby the license granted to the petitioner under Bihar Trade Article (License Unification) Order, 1984 has been cancelled at the instance of the District Supply Committee.2. Petitioner's case lies in a narrow compass:Petitioner was granted retail license under the Unification Order, 1984 for running fair price shop. The said license was time to time renewed and the petitioner carried on business of fair price shop. By order dated 25.7.2005 license of the petitioner was suspended and show cause notice was issued by the Assistant District Supply Officer, Gumla vide memo dated 27.7.2005. Petitioner submitted his show cause. It is stated that on the complaint of some card holders, the Block Supply Officer enquired into the matter and it was reported that consumers are pressing hard for revocation...
Vikash Singh Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Aug-01-2006
Reported in: 2007CriLJ1052; [2006(4)JCR15(Jhr)]
ORDERM.Y. Eqbal, J.1. In this application under Section 439(2) of the Code of Criminal Procedure, 1973, the petitioner Vikash Singh, who is the informant, has prayed for cancellation of regular bail granted by this Court to O.P. No. 2. Nirbhay Singh, in B.A. No. 6324 of 2005 by order dated 1.12.2005.2. The case of the informant is that First information was lodged by the petitioner on 12.8.2005 before the police alleging, inter alia, that at the time of construction of road by the informant, the accused persons along with 60 other persons armed with fire-arms and deadly weapons came over the place of occurrence and started assaulting and firing upon the people. The accused persons tried to enter in the house of the informant and started blind firing on which the cousin brother of the informant came with fire-arm in self-defence and made some air-firing. The police instituted a case against Dilip Singh, Nirbhay Singh, Dinesh Singh and unknown person under Sections 147, 148, 149, 337, 45...
JaIn Movie Palace Through Its Manager Ajit Kumar Vishwakarma Vs. the S ...
Court: Jharkhand
Decided on: Aug-01-2006
Reported in: [2006(4)JCR277(Jhr)]; (2007)ILLJ916Jhar
R.K. Merathia, J.1. The petitioner has prayed for quashing Letter No. 344 dated 31.12.1997 (Annexure 1) whereby respondent No. 2 directed the petitioner to get itself registered under the Factories Act; 1948 (hereinafter referred to as 'the Act') for violation of the provisions of Sections 6 and 7 of the Act and Rule 4 of the Bihar Factories Rules, 1950 (hereinafter to be referred to as 'the Rules') and also for quashing Letter No. 73 dated 16.3.1998 (Annexure 4) issued by respondent No. 2 rejecting the petitioner's show cause.2. According to the petitioner, generator has been installed in the Cinema Hall which is operated only in case of load shedding or power failure.3. It is submitted that the petitioner is not engaged in the business of generation of electricity by use of generator in such manner and, therefore, the petitioner cannot be asked to get itself registered under the Act. Mr. Sen, appearing for the petitioner, relied on a Bench decision of this Court in J.L. Mehta and Anr...
Tapan Kumar Vs. Bihar State Electricity Board and ors.
Court: Jharkhand
Decided on: Aug-01-2006
Reported in: [2006(4)JCR63(Jhr)]
Amreshwar Sahay, J.1. Originally this writ application was filed by the petitioner with a prayer to quash the memo of charges contained in letter dated 20.12.1997 (An-nexure-4), the enquiry report dated 7.6.1999 (Annexure 6) in which the Enquiry Officer held that one of the charge against the petitioner was proved and also to quash the letter dated 10.8.1999, i.e., the second show-cause notice issued by respondent No. 2 (Annexure 7) where by the petitioner has been asked to show-cause as to why he should not be punished on the basis of the enquiry report dated 7.6.1999 and for direction that he be promoted to the next higher scale by giving promotion on the basis of the Judgment passed by the Division Bench of this Court in CWJC No. 2518/1991 (R), contained in Annexure-3 to this writ application but since during pendency of this writ application an order of punishment of dismissal from service was passed by the Disciplinary Authority and, therefore, the petitioner has also challenged t...
Janardan Prasad Verma Vs. the Union Public Service Commission and ors.
Court: Jharkhand
Decided on: Aug-01-2006
Reported in: 2007(1)BLJR252; [2007(1)JCR64(Jhr)]
Permod Kohli, J.1. Petitioner was recruited to Bihar Administrative Service as Sub-Deputy Collector on 07th of May, 1973 and thereafter he earned various promotions from time to time in the senior selection grade and super selection Grade I on 20th of October, 2000. He became eligible for consideration for promotion to the Indian Administrative service in the year 1999. It is alleged that no meeting was held in the year 1999 or in the year 2000 for consideration of the State Administrative Service Cadre Officers for induction to Indian Administrative Service in the promotion quota made for the State of Bihar. It was in the month of May, 2001 the Selection Committee was constituted in terms of Regulation 5 of the Indian Administrative Service (Appointment by Promotion) Regulation, 1955. The cases of eligible candidates including the petitioner were considered. As many as 32 persons were recommended for appointment by promotion out of the 54 Officers from the State Service by the duly Co...
Suraj Mandal Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Aug-01-2006
Reported in: 2007(1)BLJR261
D.K. Sinha, J. 1. The petitioner has preferred this Cr. Revision against the order impugned dated 3.5.2006 passed by Shri S.K. Singh, 1st Additional Sessions Judge-cum-Special Judge, S.C. & ST. (Prevention of Atrocities) Act, Deoghar in Special Case No. 4/05 arising out of Sarwan P.S. Case No. 55/04 whereby and whereunder the discharge petition filed by the petitioner under Section 227 of the Criminal Procedure Code was dismissed for the alleged offence under Sections 147/148/149/323/307/379/353/341/448/427/504 I.P.C. as also under Section 3(X) of the S.C. & S.T. (Prevention of Atrocities) Act and Section 136(2) of Representation of People Act.2. The brief fact of the case as it stands narrated in the written report of the informant Avirath Chand Mandal presented before the Officer-in-Charge, Sarwan was that he was the Head Master in the Middle School, Pindrahat. During parliamentary election in the year 2004 he was deputed at the Booth No. 170 within Jarmundi Assembly Constituency at ...
Narayan Mahto @ Narayan Chandra Mahto Vs. the State of Jharkhand and o ...
Court: Jharkhand
Decided on: Aug-01-2006
Reported in: 2007(1)BLJR254
Amareshwar Sahay, J.1. Heard the parties.2. In the instant writ application, the petitioner has prayed for quashing of the entire criminal proceedings including the F.I.R. of Nala (Binda Pathar) P.S. Case No. 16/2005 registered under Sections 379 and 411 I.P.C. against the petitioner and two others as contained in Annexure-4 to this writ application. The said FIR was instituted on the basis of the fardbeyan of Aiyeen Mahto.In the F.I.R. it is alleged that in course of patrolling duty to prevent the illegal theft of stones, the informant reached the village Simalbari, Tola Hassi Pahari on 14/03/2005 and then he saw that towards the northern side of the land of Sita Ram Mahto there was Government parti land on which large number of stones and boulders were stacked and some persons were loading the same on a Tractor. Thereafter, he gave information to the police at this the police party reached at the place of occurrence and then those persons, who were loading the stones and boulders on ...
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