Jharkhand Court January 2007 Judgments
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The Divisional Manager, National Insurance Co. Ltd. Vs. Smt. Nan Bai a ...
Court: Jharkhand
Decided on: Jan-18-2007
Reported in: II(2007)ACC46; 2008ACJ2451; 2007(2)BLJR1361
M.Y. Eqbal, J.1. This appeal by the appellant-Insurance Company is directed against the judgment and award dated 16.9.2003 passed by the Motor Vehicles Claims Tribunal, Dhanbad in Title (M.V.) Suit No. 61 of 2002 whereby he has awarded a sum of Rs. 5,37,088/- for the death of the deceased in a motor vehicles accident.2. The brief facts of the case are that on 26.12.2001, the deceased Mahadeo was going on his cycle to attend his job. While he reached kandara More, a truck bearing Registration No. BR-17A-9199 came in a very high speed and in a rash and negligent manner, dashed the deceased who succumbed to the injuries. The claimant's further case is that the deceased, aged 35 years, was working in Lohapatti colliery as Mining Loader and was getting a salary of Rs. 7137/- per. month.3. The Tribunal came to a finding that the home-taking salary of the deceased was Rs. 5632/- and after deducting 1/3rd out of the same, monthly dependency comes to Rs. 4196/-. Considering the age of the decea...
Jawaharlal Sharma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-18-2007
Reported in: [2007(2)JCR97(Jhr)]
ORDER1. The prayer in this petition is for a direction to the respondents to take urgent steps to protect the lives and health of the general public of Jamshedpur who are unprotected due to growing incidents of biting of pedestrians and two wheelers drivers by street dogs roaming about freely in the streets and by lanes of Jamshedpur and further for a direction to the Government to provide immediate medical aid to the victims of dog biting ensuring availability of life saving drugs and vaccines in Government hospitals and health centres and also to act promptly to control dog biting by enforcing the provisions of Section 349 of Bihar Municipal Act, 1922.2. A counter affidavit has been filed on behalf of the Deputy Commissioner, East Singhbhum, Jamshedpur. In the counter affidavit it is stated that according to the direction contained in letter No. 804, dated 8.7.2005 the local administration Jamshedpur has taken adequate steps to control the menace of dog biting in and around the towns...
The Indian Steel and Wire Products Ltd. Through Its Assistant General ...
Court: Jharkhand
Decided on: Jan-18-2007
Reported in: [2008(1)JCR267a(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ application the petitioner has prayed for quashing the demand notice dated 22.5.2006 (Annexure- 9) issued by the Employees State Insurance Corporation for recovery of its contribution for the period from June, 2005 to March, 2006. 2. It has been stated that the petitioner has applied for exemption under the provisions of Section 87 of the Employees State Insurance Corporation Act on the ground that the petitioner-Company is providing better medical and other ancillary benefits to its employees which is far in excess and better than that offered by the employees of the State Insurance Corporation. It has been submitted that in the similar situation earlier exemption has been given to M/s. Tata Iron & Steel Company Limited and this Company has now been taken over by the TATA. It was stated that during the pendency of the said petition for exemption before the State Government, the respondents-Employee, State Insurance Corporation has issued the said im...
Hariom Prasad Vs. State of Jharkhand and Shiv Kumar Sharma
Court: Jharkhand
Decided on: Jan-17-2007
Reported in: [2007(3)JCR16(Jhr)]
ORDERD.P. Singh, J.1. Both the appeals, arising out of same judgment, were heard together and are being disposed of by this common judgment.2. Both the appeals are directed against the judgment of conviction and order of sentence dated 11.12.2000 and 23.12.2000 passed by the learned First Additional Sessions Judge, Jamshedpur in Sessions Trial No. 115/98, whereby and whereunder the learned Sessions Judge held all the appellants guilty under Sections 302/34 IPC and 27 of the Arms Act and sentenced them to serve RI for life under Sections 302/34 IPC and appellants Ajay Barua and Hariom Prasad are further sentenced to serve RI for three years under Section 27 of the Arms Act. However sentences were directed to run concurrently.3. The factual matrix leading to these appeals are that the deceased Dr. Capitan Shankar Lal Sharma has got some dispute with Jairam Yadav @ Yuadunandan Singh regarding some properties situated in Jamshedpur town. The prosecution case further is that the deceased ha...
Rajiv Kumar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-17-2007
Reported in: [2007(2)JCR324(Jhr)]
ORDERN.N. Tiwari, J. 1. In this writ petition, the petitioner has prayed for a direction on the respondents to allow him to fill up the Application Form and to appear in the examination for the post of Additional Public Prosecutor (APP for short) pursuant to the Advertisement No. 3/04-05 to be held by Jharkhand Public Service Commission (JPSC for short), Ranchi.2. It has been stated that the petitioner has been working as an Assistant in the Civil Court, Godda and has applied for appearing in the examination for the post of A.P.P. His application for APP was forwarded by the District & Sessions Judge, Godda on 37.5.2005. It has been stated that one of the conditions was that the candidate ought to have completed at least one year practice as an Advocate before 31.1.2005 and his upper age limit on 31.5.2005 should not exceed 35 years age. It has been submitted that the petitioner fulfills the other requisites criteria but he has crossed the upper age limit. It has been submitted that si...
Anandi Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-17-2007
Reported in: [2007(3)JCR15(Jhr)]
Narendra Nath Tiwari, J.1. In this writ petition, the petitioner confines his prayer only to the assailing the quantum of punishment. According to the petitioner, he along with one Brahma Nand Singh was proceeded against on the charge of mis-behaviour of lady Sub-Inspector. Show-cause was filed by them, enquiry was held and in the enquiry, the petitioner as well as said Brahma Nand Singh were found guilty of the mis-behaviour.The grievance of the petitioner is that while Brahma Nand Singh has been awarded punishment of only two black marks whereas the petitioner has been awarded punishment of dismissal.2. Mr M. Khan, learned Counsel for the petitioner submitted that the petitioner has been subjected to discrimination and inequality and that he has been given severe punishment without any special reason being recorded by the disciplinary authority. It has been submitted that the petitioner assailed the order of the disciplinary authority before the D.I.G. Police, Singhbhum Kolhan, Chaib...
Krishna Kant Mishra Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-17-2007
Reported in: [2007(4)JCR67(Jhr)]
ORDERR.K. Merathia, J.1. Petitioner's only grievance is that the respondent No. 2 by the impugned order dated 30.8.2005 (Annexure 2) has rejected petitioner's claim that his services between 4.7.1961 to 22.12.1967 should be taken into account for purpose of calculation of pension and gratuity.2. According to the 'petitioner he worked as an Assistant Teacher in the State Subsidised High School, Bishunpur (Gumla) during the said period. After resigning from the said school he joined Gauri Dutt Mandelia High School, Ratu Road, Ranchi on 5.2.1968 and on attaining the age of superannuation he retired on 31.7.1995 though there was a break in service for about 44. days, but in view of the circular No. 581 dated 15.1.1982 issued by the Finance Department of Bihar Government (Annexure 10), the break in service due to resignation is not to be taken into consideration as per Clause 7 of the said circular. After the matter was remanded by this Court on earlier occasion, the respondent No. 2 has re...
Gopal Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-17-2007
Reported in: [2008(1)JCR377(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ application, the petitioner has prayed for a direction on Superintendent of Police, Hazaribagh to pass necessary order by recalling District Order No. 2825 dated 22nd December, 2006, in view of the order passed by the Deputy Inspector General of Police, North Chhotanagpur Range, Hazaribagh. 2. It has been submitted that by District Order No. 2825/2006, issued vide Memo No. 8440 dated 22nd December, 2006, the petitioner was transferred and posted within a period of one month. The said order was subject to the approval of the Deputy Inspector General of Police, North Chhotanagpur Range, Hazaribagh, but by Letter No. 1805 dated 26th December, 2006, the Deputy Inspector General of Police, North Chhotanagpur Range, Hazaribagh, refused to approve the said order.3. The grievance of the petitioner is that in spite of the said refusal of approval by the D.I.G., no follow up order has been issued by the Superintendent of Police, Hazaribagh, recalling his earli...
Ram Adhyar Pandey and Ram Briksh Prasad Vs. the Steel Authority of Ind ...
Court: Jharkhand
Decided on: Jan-15-2007
Reported in: 2007(1)BLJR829; [2007(1)JCR596(Jhr)]
ORDERM.Y. Eqbal, J.1. This appeal under Clause 10 of Letters Patent is directed against the judgment dated 6.05.2003 passed in W.P.(S) No. 3293 of 2001 whereby the learned Single Judge dismissed the writ petition filed by the writ petitioners appellants.2. The appellants-writ petitioners filed the aforementioned writ petition for quashing the order dated 11.6.1999 passed by the Managing Director, Bokaro Steel Plant rejecting the representation of the appellants wherein they claimed promotion to the post of Executive Grade from the date juniors to them in service i.e. respondent Nos. 3 to 7 were promoted.3. The learned Single Judge, after considering the entire facts of the case, came to the conclusion that the claim of the writ petitioners (appellants) that juniors to them have been promoted to higher post and were given accelerated promotion, is misconceived and there has been no discrimination whatsoever.4. The facts of the case lie in a narrow compass: Appellants' case is that they ...
Bal Sakha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-15-2007
Reported in: [2007(2)JCR104(Jhr)]
ORDER1. It is reported that Chanchala Kumari though is aged about above 18 years, still it is seen that the Board has not passed any release order. Now the State counsel is directed to intimate the Board about the nature of the order passed by this Court on 3.1.2007 and Board will immediately release Chanchala Kumari and hand over the girl to her parents or her near relatives.2. With regard to the aspect for extending time for locking up the inmate from 5.30 p.m., it is submitted by learned Counsel for the State through the counter-affidavit filed by the Principal Secretary, Deptt. of Social Welfare, Women and Child Development, Government of Jharkhand, Ranchi that in pursuance of the directions of the Court, time of closing of Remand Home has been changed and premises now will be closed only at 7'0 Clock in the evening in place of 5.30 p.m. from November to January. It is also stated in the affidavit that from February to October the time for closing the grills will be at 8'0 Clock in...
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