Jharkhand Court November 2007 Judgments
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Citizen Forum Through Its Convener, Nawal Kishore Singh Vs. the State ...
Court: Jharkhand
Decided on: Nov-06-2007
Reported in: [2008(1)JCR393(Jhr)]
M. Karpaga Vinayagam, C.J.1. Citizen Forum, Jharkhand, Ranchi has filed this Public Interest Litigation seeking for various reliefs, which are as follows:(i) The respondents, the authorities of the State Government shall be restrained from making construction of Haj House in front of Kadru Masjid on the Government land;(ii) The Notification No. 1786 dated 12.06.2006 by which the land in question is allotted for construction of Haj House for the benefit of the particular religion shall be quashed;(iii) Direction shall be issued to the respondents to construct building for the use of Argora Police Station and the residential apartment for the police officials;(iv) Direction shall be issued to the respondents to develop Argora Railway Station and remove encroachment surround Railway Station.2. According to the petitioner, the Citizen Forum, Jharkhand, Ranchi, represented by its Convener Nawal Kishore Singh is an organization dedicated for the benefit of common men and all citizens of Indi...
Employers in Relation to the Management of Bhagabandh Colliery of P.B. ...
Court: Jharkhand
Decided on: Nov-06-2007
Reported in: [2008(1)JCR135(Jhr)]
M. Karpaga Vinayagam, C.J.1. The Bharat Coking Coal Limited, the employer has filed this writ petition seeking for quashing the award of the Central Government Industrial Tribunal, dated 7.12.1993 passed in favour of the workmen, who are members of the Union, the respondent No. 2, by directing the management to regularize the workmen in Category I after holding that their job is permanent in nature.2. The short facts, are as follows:(i) The Rashtriya Colliery Mazdoor Union, the 2nd respondent herein, on behalf of the workmen, the members of the Union, sent a letter dated 6.9.1980 raising an industrial dispute before the Regional Labour Commissioner, Dhanbad raising the question of unjustified denial to regularize the workmen Upendra Kumar and 26 others sweeping, cleaning Mazdoors, who are working in the Company for number of years.(ii) On the basis of the letter, after inquiry, the issue was referred by the Central Government to the Tribunal with the following issue:Whether Shri Upendr...
Jagat Bandhu Mahapatra Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Nov-06-2007
Reported in: [2008(2)JCR399(Jhr)]
Narendra Nath Tiwari, J. 1. In this writ petition, the petitioner has challenged the order of his transfer from the post of Director General-cum-Inspector General of Police, Jharkhand to Director General-cum-Commandant General of Home Guards and Fire Service, Jharkhand, issued by Notification, being Memo No. 8/M-2-110/2007-2969/Ranchi dated 3rd August, 2007 (Annexure-3).2. The petitioner is a senior I.P.S. Officer. He was made Director General-cum-Inspector General of Police, Jharkhand in the month of September, 2006. According to the petitioner, his transfer is premature, arbitrary and violative of Article 14 and 16 of the Constitution of India and is unsustainable for the following reasons:(i) Once being appointed as Director General-cum-inspector General of Police, Jharkhand, he is entitled to remain as such for a fixed tenure of two years irrespective of date of superannuation, as per the direction of the Hon'ble Supreme Court in Prakash Singh and Ors. v. Union of India and Ors. : ...
Tileshwar Sahu Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Nov-06-2007
Reported in: [2009(1)JCR242(Jhr)]
Narendra Nath Tiwari, J.1. In this writ petition the petitioner has prayed for quashing the notification contained in Memo No. 1437 dated 16.3.07 (Annexure-11) issued by the respondent No. 3 whereby the petitioner has been sought to be removed from the post of the Chairman, Jharkhand State Pollution Control Board (hereinafter referred to as the Board) with immediate effect.2. The grievance of the petitioner is that he has been removed from the post of the Chairman, Jharkhand State Pollution Control Board before expiry of the term of his post contrary to the legal provisions. The said order is also violative of the principles of natural justice as he was not given proper opportunity of hearing before issuing the impugned order.3. It has been stated that the petitioner was initially appointed as a working Chairman of the Jharkhand State Pollution Control Board, Ranchi by Notification No. 297 dated 11.5.05. While the petitioner was holding the said post, the Board was reconstituted in ter...
Nepal Baitha, Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Nov-06-2007
Reported in: [2008(2)JCR234(Jhr)]
1. All the three Letters Patent Appeals arise out of same impugned Judgment of the learned Single Judge, passed in three writ petitions and therefore, they were heard together and are being disposed of by this common Judgment because the questions raised in all the three Letters Patent Appeal are the same.2 What it appears that in the year 1960, vast area of lands were acquired under the Land Acquisition Act for M/s. Heavy Engineering Corporation. In that acquisition of land, it is said that the lands belonging to the ancestors of the appellants were also acquired.3. According to the case of the appellants, a survey was conducted in the year 1993 by the District Land Acquisition Officer, Ranchi of the lands acquired for the M/s. Heavy Engineering Corporation and it was found that 2555.71 Decimals of land was lying unutilised. The appellants further say that in the year 1979, the Government of Bihar took a policy decision by issue of Letter No. 123/DLA/Policy1/78. dated 12.01.1979, as c...
Employers in Relation to the Management of Dudga Coal Washery of Bhara ...
Court: Jharkhand
Decided on: Nov-06-2007
Reported in: [2008(116)FLR775]; [2008(1)JCR488(Jhr)]
D.G.R. Patnaik, J.1. The appellant being Employers in relation to the Management of Dudga Coal Washery of M/s Bharat Coking Coal Ltd, has preferred the instant appeal against the judgment dated 19th August 2002 passed by the learned single Judge in CWJC No. 2385 of 1993 (R), whereby the appellant's prayer for quashing the Award dated 26th February, 1993 passed by the Presiding Officer, Central Industrial Tribunal No. 2, Dhanbad in Reference Case No. 93 of 1991, was dismissed.2. The dispute between the appellant and the respondent No. 2 namely the Workmen represented by Dudga Coal Washeries Workers Union arose pursuant to the demand of the workers for their departmentalization and regularization in service under the Management of the BCCL. The dispute was referred for adjudication to the Central Industrial Tribunal No. 2, Dhanbad vide reference Case No. 93 of 1991 on the following terms.Whether the 21 persons indicated in the annexure who were employed through contractors are workmen of...
Trf Limited Vs. Commissioner of Central Excise and Service Tax and ors ...
Court: Jharkhand
Decided on: Nov-06-2007
Reported in: [2008(1)JCR504(Jhr)]
Amareshwar Sahay, J.1. Heard learned Counsel for the parties.2. In this writ application, the petitioner has sought to challenge the show-cause notice dated 3.11.2006, issued by the Commissioner of Central Excise and Service Tax, Jamshedpur whereby and whereunder, the petitioner has been asked to show-cause within 30 days as to why-(a) the duty amounting to Rs. 3,36,15,065.34 (Rupees Three Crores Thirty Six Lakhs Fifteen Thousand Sixty Five and Paise 34 only) be not demanded and recovered from the petitioner in terms of proviso to Section 11A of the Central Excise Act, 1944;(b) penalty be not imposed on him under the provisions of Section 11AC of the Central Excise Act, 1944 read with Rule 25 of the Central Excise Rules;(c) interest on delayed payment of duty in respect of amount of Rs. 3,36,15,065.34 be not demanded and recovered from him in terms of Section 11AB of the Central Excise Act, 1944.3. In the said notice to show-cause, it has been alleged that the petitioner-Company cleare...
indrasan Singh and ors. Vs. Yudhisthir Singh and ors.
Court: Jharkhand
Decided on: Nov-05-2007
Reported in: [2008(1)JCR189(Jhr)]
M.Y. Eqbal, J.1. This appeal under Clause 10 of the Letters Patent is directed by the appellant against the judgment dated 26.9.2001 passed in F.A.No. 22/1986(R) whereby learned Single Judge allowed the appeal and set aside the judgment and decree passed by the trial court.2. Plaintiff-respondents filed suit being Title Suit No. 64/1976 in the court of Sub-Judge, Garhwa for declaration that the deed of gift executed by one Kismati Devi on 2.9.76 in favour of defendant No. 1 is illegal and ineffective and the same did not confer title upon defendant No. 1.3. The facts of the case lie in a narrow compass:Kismati Devi was the wife of one Mathura Singh. She died leaving behind four daughters, namely, Brijbas Devi, Mukhraj Devi, Peyari Devi and Jaibas Devi. Her husband alongwith three daughters filed the aforesaid suit against fourth daughter, Brijbas Devi and her husband Rameshwar Prasad Singh for declaration that execution of deed of gift by Kismati Devi was not her conscious act and it w...
Vijeta Construction Limited Vs. Assistant Commissioner of Income Tax a ...
Court: Jharkhand
Decided on: Nov-05-2007
Reported in: [2009]310ITR348(Jharkhand); [2008(2)JCR185(Jhr)]
1. In this writ application the petitioner has challenged the notices dated 5.2.2007 and 16.4.2007 issued by the Assistant Commissioner of Income Tax, Circle 3, Ranchi purported to have been issued under Section 148 and Section 142(1) respectively of the Income Tax Act, 1961 calling upon the petitioner-assessee for filing return.2. Petitioner is a limited company carrying on business of construction of dam canal, railways, roads etc. In September 2003, petitioner-assessee filed return for the year 2003-04. Petitioner's case is that return so filed was processed under Section 143(1) of the Act and refund voucher of Rs. 20,48,390/- was issued to the petitioner on the basis of refund order after adjustment of the demand for the assessment year 1997-98 and the said demand was duly approved by the Assistant Commissioner of Income Tax, Ranchi. However, on 7.2.2007 petitioner received two notices Under Section 148 of the Act issued by the Assistant Commissioner of Income Tax, Circle-I, Ranchi...
Girish Kumar Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Nov-05-2007
Reported in: [2008(1)JCR486(Jhr)]
R.R. Prasad, J.1. This writ application has been filed for quashing the order of the Director General of Police, Bihar, Patna as contained in Memo No. 750/X.P.K-14/91 dated 4.2.2000 issued under the signature of Deputy Inspector General of Police (Headquarters), Bihar, Patna whereby and whereunder authority refused to give Gallantry Award to the petitioner and consequently did not place the matter concerning out of turn promotion before the Selection Board and at the same time prayer has also been made for issuance of the writ in the nature of mandamus directing the respondents to give Gallantly Award to the petitioner and out of turn promotion to the post of Inspector.2. The case of the petitioner is that on 3.12.1990 while the petitioner had come to the civil court, Muzaffarpur, he saw three criminals making an attempt; to escape from the custody by making indiscriminate firing and exploding bomb all over the places, as a result of which nobody was daring to come near the criminals b...
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