Jharkhand Court August 2006 Judgments
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Sadika Begum and ors. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-24-2006
Reported in: 2007(1)BLJR395; [2007(1)JCR45(Jhr)]
Permod Kohli J.1. All these petitions, involve common questions of law and are being, disposed of by this common order.2. W.P. (S) No.722 of 2004. In this case, petitioner was appointed on compassionate grounds vide order No. 588 dated 07.05.2002 being the wife of Brajajul Islam pursuant to the recommendations of the Compassionate Appointment Committee in the meeting held on 28th of February, 2002 along with two others. This was followed by another order issued by the Civil Surgeon-cum-Chief Medical Officer, Pakur under Memo. No. 722 dated 30th of May, 2002. It is alleged that petitioner joined in the month of June, 2002 and since then he is performing her duties. Petitioner is aggrieved of the order No. 1441 dated 08th of September, 2003, whereby salary of as many as 32 persons has been stopped on the ground of their appointments being fake and illegal by the Civil Surgeon-cum-Chief Medical officer, Pakur under the directions of the Deputy Commissioner, Pakur, conveyed vide letter No....
AzimuddIn Shekh Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-24-2006
Reported in: [2007(1)JCR421(Jhr)]
Amareshwar Sahay, J.1. This appeal arises against the judgment of conviction and order of sentence dated 17.1.2004, in Sessions Case No. 124 of 2001, whereby the learned trial Court convicted the appellant for the offence under Section 36 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period 10 (ten) years and also to pay a fine of Rs. 1,000/- (one thousand) and in default of payment of fine to undergo rigorous imprisonment for a period of 6 (six) months.2. The prosecution case in short is that on 19.3.2000 at about 9.00 p.m., the accused/appellant came to the house of the informant, namely, Sayda Khatoon and asked her to accompany him, so that they can marry each other. The informant, Sayda Khatoon and the accused/appellant were having love affair since before and in that course the appellant had promised to her that he would marry her. On being asked by the accused/appellant, the informant, Sayda Khatoon, went out of her house and went to Kela Bagan...
Dwijendra Pratap Singh and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-24-2006
Reported in: [2007(3)JCR175(Jhr)]
ORDER1. Having heard counsel for the parties and being satisfied with the grounds shown therein, the delay of 18 days in preferring this appeal is condoned. The LA. No. 230/06 stands disposed of.L.RA. No. 36/06The appellants applied for appointment to the post of Primary Trained Teachers in the State of Jharkhand. They appeared in the written test conducted by the Jharkhand State Public Service Commission (hereinafter referred to as JPSC) but were not declared successful. In the writ petition, the appellants prayed for direction on the respondents to consider their cases for appointment to the post of Primary Trained Teachers on the ground that they have been discriminated as their cases have been rejected on the ground they are not the residents of the State of Jharkhand.2. Though we accept the submission as made on behalf of the appellants that no person can be discriminated on the ground of place of residence, but in the present appeal, no writ can be issued on the respondents, ther...
Om Flour Mills (P) Limited Vs. Bihar State Financial Corporation and o ...
Court: Jharkhand
Decided on: Aug-23-2006
Reported in: [2006(4)JCR532(Jhr)]
D.K. Sinha, J.1. The appellant M/s Om Flour Mills (P) Ltd. a company under the Companies Act 1956 preferred this appeal for issuance of writ in the nature of certiorari for quashing the order dated 4.3.2002(Annexure-7) passed by Respondent No. 1 pursuant to the order passed in the cases of the appellant being C.W.J.C. NO. 71 of 1991(R) and also W.P.(C) NO. 1512 of 2002. The prayer of the appellant for issuance of writ of certiorari for quashing of the order of Respondent No. 1 dated 4.3.2002 was rejected by the learned Single Judge in W.P.(C) No. 2009 of 2002 on 22.3.2002.2. The appellant had earlier preferred a W.P.(C) No. 1512 of 2002 for issuance of a writ in the nature of certiorari for quashing the order dated 4.3.2002 and while the said writ petition was about to be dismissed, the learned Single Judge after noticing the decision of the Supreme Court of India in Haryana Financial Corporation and Anr. v. Jagdamba Oil Mills and Anr. reported in 2002 (1) Supreme Court 404, the appell...
Braj Kishore Singh Vs. the State of Jharkhand Through the Secretary-cu ...
Court: Jharkhand
Decided on: Aug-23-2006
Reported in: [2007(1)JCR90(Jhr)]
D.K. Sinha, J.1. The present appeal has been directed against the judgment dated 24.12.2004 passed by the learned Single Judge in W.P.(s) No. 4730 of 2004 whereby and whereunder the writ petition of the appellant was dismissed and the transfer order impugned of the appellant was held as good.2. The appellant had preferred the writ petition before the learned Single Judge for quashing the office order vide memo No. 918 dated 3.8.2004 issued by the Respondent-Executive Engineer, whereby the appellant was ordered to be relieved from the post of Accounts Clerk, Road Division, Jamshedpur and was directed to join at newly established road circle, Daltonganj. The said transfer was made pursuant to the direction vide office order No. 33 dated 23.6.2004 issued by the Respondent-Chief Engineer on the vacant post of the Accounts Clerk in road circle at Daltonganj. It is evident that the Respondent-Under Secretary, vide his letter No. 1998 dated 18.6.2004 had directed the Respondent-Chief Engineer...
Asim Kumar Sahani Vs. Bharat Coking Coal Limited and ors.
Court: Jharkhand
Decided on: Aug-23-2006
Reported in: [2007(1)JCR18(Jhr)]
S.J. Mukhopadhaya, Acting C.J.1. This appeal under Clause-10 of the letters patent has been preferred by the appellant (Advocate) against the Order dated 26th April, 2006 passed by the learned Single Judge in C.M.P. No. 287 of 2005 - Bharat Coking Coal Limited v. Krishnapada Kumbhkar, whereby and where under, while the Registrar General of this Court was asked to lodged F.I.R. against the writ petitioner, Krishnapada Kumbhkar for enclosing alleged forged and fabricated document with the writ petition, made certain observations against the Advocate of the petitioner, the appellant herein, and the Advocate has been warned to be very careful in future.One of the questions, raised by the Office, is whether the instant appeal under Clause-10 of letters patent against the Order dated 26th April, 2006 passed in CM.P. No. 287 of 2005 is maintainable. The other question, as raised in this case, is whether an Advocate can be warned by the High Court for the fault of his client in producing alleg...
Central Coalfields Ltd. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-23-2006
Reported in: (2007)6VST614(Jharkh)
S.J. Mukhopadhaya, Acting C.J.1. As common questions of law are involved in all these writ petitions and two sets of prayer have been made therein, they have been heard together and are being disposed of by this common judgment.2. While many of the petitioners have sought for a declaration that the 'Bihar Taxes on Entry of Goods into Local Areas for Consumption, Use or Sale thereof Act, 1993' (Bihar Act 16 of 1993-hereinafter to be referred as 'Bihar Entry Tax Act, 1993') ultra vires Articles 301 and 304 of the Constitution of India, in some of the cases further prayer has been made to declare 'Jharkhand Tax on Entry of Goods into Local Areas for Consumption, Use or Sale thereof (Amendment) Ordinance, 2001' [Jharkhand Ordinance No. 02 of 2002- hereinafter to be referred as 'Jharkhand Entry Tax (Amendment) Ordinance, 2001'] as violative of Articles 301 and 304 of the Constitution of India.3. In W.P.(T) Nos. 2937 of 2003, 3457 of 2004, 4128 of 2005 & 4199 of 2005 further declaration has ...
Central Coal Fields Ltd. Etc. Etc. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-23-2006
Reported in: [2007(1)JCR94(Jhr)]
S.J. Mukhopadhaya, A.C.J.1. As common questions of law are involved in all these writ petitions and two sets of prayer have been made therein, they have been heard together and are being disposed of by this common judgment.2. While many of the petitioners have sought for a declaration that the 'Bihar Taxes on entry of Goods into Local Areas for Consumption, Use or Sale thereof Act, 1993' (Bihar Act 16 of 1993-hereinafter to be referred as 'Bihar Entry Tax Act. 1993') ultra vires Articles 301 and 304 of the Constitution of India, in some of the cases further prayer has been made to declare 'Jharkhand Tax on Entry of Goods into Local Areas for Consumption, Use or Sale thereof (Amendment) Ordinance, 2001' [Jharkhand Ordinance No. 02 of 2002 hereinafter to be referred as Jharkhand Entry Tax (Amendment) Ordinance. 2001'] as violative of Articles 301 and 304 of the Constitution of India.3. In W.P. (T) Nos. 2937 of 2003, 3457 of 2004, 4128 of 2005 & 4199.. of 2005 further declaration has been...
Rajeshwar Korwa and anr. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-23-2006
Reported in: [2007(1)JCR469(Jhr)]
ORDERAmareshwar Sahay, J.1. This appeal arises against the judgment of conviction and sentence dated 21.1.2004 and 22.1.2004 respectively passed by the Additional Sessions Judge, Fast Track Court, Latehar in Sessions Case No. 213 of 2001 whereby and whereunder, the appellants have been convicted for the offence under Section 304-Part-l/34 of the Indian Panal Code and sentenced them to under Rigorous imprisonments for a period of ten years each and to pay fine of Rs. 1,000/- (Rupees one thousand) each.2. The prosecution case in short is that on 6.12.2000 at about 10.00 a.m., the informant Bahadur Korwa (deceased) accompanied with these two appellants was coming back from Bazarhaat and when all the three reached Jampart at about 8.00 p.m., these two appellants started abusing the informant and when he objected to it, the appellant Jugeshwar Korwa assaulted him with the back portion of tangi, on his head due to which he received bleeding injuries. The other appellant Rajeshwar Korwa also ...
Bihar State Financial Corporation Vs. Recovery Officer, Debt Recovery ...
Court: Jharkhand
Decided on: Aug-22-2006
Reported in: II(2007)BC400; [2007(1)JCR10(Jhr)]
ORDERM.Y. Eqbal, J.1. In these writ applications since common question of maintainability of the writ petitions have been raised, the same has been heard and disposed of by this common order.2. In WPC No. 2031 of 2006, the petitioner Bihar State Financial Corporation has challenged the order dated 14.2.2005 passed by Recovery Officer, Debt Recovery Tribunal, Ranchi whereby the objection filed by the petitioner against the order of attachment has been rejected and it was directed that the property attached shall be auction sold for the recovery of the dues of the respondent- Canara Bank.3. In WPC No. 3183 of 2005, the petitioner Bihar, State Financial Corporation has challenged the order dated 5.4.2005 passed by Recovery Officer, Debt Recovery Tribunal, Ranchi whereby the objection petition filed by the Corporation against the attachment order on the ground that the said property has been purchased by the private respondent after financing by the petitioner-Corporation has been rejected...
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