Jharkhand Court November 2007 Judgments
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Chandrika Prasad Agrawal Vs. Steel Authority of India Ltd.
Court: Jharkhand
Decided on: Nov-05-2007
Reported in: [2008(118)FLR77]; [2008(2)JCR398(Jhr)]; (2008)IIILLJ603Jhar
ORDERN.N. Tiwari, J.1. In this writ petition, the petitioner has prayed for quashing the judgment dated 27.2.2003 passed by the Presiding Officer, Labour Court, Bokaro Steel City, Bokaro in M.J. Case No. 5 of 1989. The said case was filed by the petitioner, under Section 33C(2) of the Industrial Disputes Act, 1947, (hereinafter referred to as the 'Act') praying for computation of the monetary benefit amounting to Rs. 19.504/- together with interest @ 12% per annum. The petitioner happened to be an employee of the respondents. He had been holding the post of Construction Supervisor (Mechanical) EEP Zone. B.S. Plant, Bokaro Steel City, Bokaro. He claimed that he was a workman under Section 2(s) of the Act.2. According to the petitioner, he was allotted quarter No. VIII/A 2255 D-type where he was residing. With a view to victimize the petitioner, the officers of the respondent started deducting penal rent of the said quarter Rs. 477/- per month from June, 1986. The applicant filed P.W. Ca...
Ranchi Regional Development Authority Through Its Secretary, Mr. Ajay ...
Court: Jharkhand
Decided on: Nov-02-2007
Reported in: [2008(1)JCR227(Jhr)]
M. Karpaga Vinayagam, C.J.1. M/s DEMCO Pvt. Ltd., the owner of the land in question applied for a Land Use Certificate from Ranchi Regional Development Authority (hereinafter referred to as 'RRDA' for short). After considering the same, the RRDA issued a letter dated 29.11.2003 informing M/s. DEMCO Pvt. Ltd. that part of the land in question, i.e., R.S. Plot No. 1133 is residential and a part of the same falls in open space in the existing Master Plan of Ranchi Town.2. Challenging the same, M/s. DEMCO Pvt. Ltd. preferred a writ petition for quashing the letter dated 29.11.2003 and asked for a mandamus to be issued to the authorities to accept the map submitted by the petitioner before the RRDA and to sanction the petitioner FAR (Floor Area Ratio).3. The said writ petition was allowed by the learned Single Judge. Being aggrieved by the said order dated 07.02.2005, the RRDA filed this Letters Patent Appeal before this Court.The short facts which are required for the disposal of the appea...
Jorong Danial Hirala Guria and Daddanji Sharma Vs. Union of India (Uoi ...
Court: Jharkhand
Decided on: Nov-02-2007
Reported in: [2008(1)JCR43(Jhr)]
M. Karpaga Vinayagam, C.J.1. The petitioners, the Police Officers, having aggrieved over the promotion of their juniors to I.P.S Cadre overlooking their seniority, have filed these two writ petitions praying for quashing of the order dated 19.9.2006 passed in O.A Nos. 560/04 and 146/05 by the Central Administrative Tribunal, Circuit Bench at Ranchi, (hereinafter referred to as Tribunal).2. The petitioners, filed O.A Nos. 560/04 and 146/05 before Tribunal for quashing the select list dated 7.7.2004 prepared by the Selection Committee and for quashing the consequent notification dated 16.8.2004, whereby three Officers of the Jharkhand State Police Service, the juniors to the petitioners, were recommended for appointment on promotion to the cadre of Indian Police Service from the State of Jharkhand by-passing their seniority. They also prayed for directing the authorities for constituting a review D.P.C to consider their cases for the purpose of appointment by promotion to IPS cadre and t...
Union Enterprises Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Nov-02-2007
Reported in: [2008(1)JCR493(Jhr)]
M.Y. Eqbal, J.1. The instant writ petitions being W.P. (T) No. 5528 of 2003 has been filed by the assessee and the Tax Cases being Tax Case Nos. 07 of 2003 and Tax Case No. 08 of 2003 have been filed by the Union of India and in all these three cases, the impugned orders have been challenged. Since common questions of law and facts are involved in these cases, they have been heard together and are disposed of by this order.2. In W.P. (T) No. 5528 of 2003, the petitioner-assessee have prayed for the following reliefs:(a) That this writ petition, under Article 226 of the Constitution of India, is directed against order No. A-1181-1182/Kol/2002 dated 28.10.2002 (Annexure-10) passed by CEGAT, Kolkata, upholding the demand of duty against the petitioners as confirmed by order-in-original No. 93-96/Commr/2000 dated 23.11.2000 (Annexure-8) passed by Commissioner of Central Excise, Jamshedpur but reducing the penalty to Rs. 40,00,000/-.(b) This petition is also against the order No. M-445/KOL/...
Ajit Kumar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Nov-02-2007
Reported in: [2009(1)JCR635(Jhr)]
M. Karpaga Vinayagam, C.J.1. Ajit Kumar, the petitioner herein, who was working as a Subordinate Judge in Garhwa, was removed from service by an order issued by the Governor, State of Jharkhand dated 31.07.2003 on the basis of the resolution of the Full Court (High Court) recommending for removal of the petitioner from service.2. Challenging the same, the petitioner has filed this writ petition with the following two prayers:(i) Praying for quashing the order of removal passed by the Governor on 31.07.2003 from service with effect from 31.07.2003, which was issued finding that his service is no longer required in public interest;(ii) Praying for quashing of the resolution and recommendation of the Full Court through memo dated 24.07.2003 for removal of the petitioner by the Governor without inquiry as the High Court Full Court felt that it would not be reasonably practicable to hold inquiry in the interests of the institution and also in public interest, thereby dispensing with enquiry...
Ram Janam Paswan Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Nov-02-2007
Reported in: [2008(3)JCR228(Jhr)]
M. Karpaga Vinayagam, C.J.1. Ram Janam Paswan, the appellant herein, was appointed as Chowkidar on compassionate ground by the order dated 26.7.2003 as he was the son of the deceased employee-Chowkidar. Later the same was cancelled and the respondent No. 4, Krishna Ram, step brother of; the petitioner-appellant, was appointed in that post by the order dated 16.8.2005. The said order appointing respondent No. 4, Krishna Ram, and cancelling the appellant's, Ram Janam Paswan's appointment, has been challenged by the petitioner-appellant before this Court in W.P (S) No. 6664/2005. The learned Single Judge dismissed the same on 23.3.2006. Hence, this L.P.A.2. The short facts, which are required for disposal of this appeal, are as follows:The petitioner-appellant is the son of late Banarasi Dusadh, who was working as Chowkidar in Nagar Untari Police Station. He died in harness on 11.4.1994. Krishna Ram, respondent No. 4, claiming that he is the son of the first wife of the deceased employee,...
Larsen and Toubro Limited Vs. the State of Bihar (Now Jharkhand) and o ...
Court: Jharkhand
Decided on: Nov-02-2007
Reported in: [2008(1)JCR210(Jhr)]; (2009)21VST173(Jharkh)
M.Y. Eqbal, J.1. In this writ petition, the petitioner has prayed for issuance of appropriate writ declaring that the inter-state safes originated from Pondicherry to the State of Bihar in execution of works contract are exigible to sales tax to Pondicherry jurisdiction under Central Sales Tax Act, 1956 and further prayed for issuance of appropriate writ in the nature of certiorari for quashing the order of assessment for the year 1994-95 so far as raising of additional tax demand of Rs. 5,35,223=24 or inter-state sales transactions which is exigible to Pondicherry jurisdiction under the Central Sales Tax Act, 1956 is concerned, as the same being illegal and contrary to law and is wholly without jurisdiction. Further prayer has been made for issuance of appropriate direction to respondent No. 3 to give effect to the tax paid and realized and grant of refund of the said amount.2. The brief facts of the case are as under:The petitioner is a registered company having business activities i...
Debashish Soren Vs. the State of Jharkhand Through the Chief Secretary ...
Court: Jharkhand
Decided on: Nov-02-2007
Reported in: [2008(1)JCR542(Jhr)]
M. Karpaga Vinayagam, C.J.1. Since common issues are involved in these three writ petitions, a common order is being passed. In these three writ petitions, Sub-section (ii) of Section 1 of the Jharkhand Municipal (Amendment) Act, 2006 and Sub-section (ii) of Section 1 of the Ranchi Municipal Corporation (Amendment) Act, 2006 are being challenged by the petitioners seeking for a declaration that Jharkhand Municipal Act, 2000 and Jharkhand Municipal (Amendment) Act, 2006 cannot be extended by the State to the Ranchi District including the schedule area as the Parliament alone can extend the provisions of Part IX A of the Constitution of India to the scheduled areas through legislation as contemplated under Article 243ZC of the Constitution of India.2. Mr. M.S. Anwar, learned Senior Counsel appearing for the petitioners would urge the following contentions:(i) Part IX of the Constitution of India relates to the Municipalities;(ii) Under Article 243ZC, the provisions of Part IX A of the Co...
B.O.C. India Ltd. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Nov-02-2007
Reported in: [2008(1)JCR473(Jhr)]; (2009)21VST475(Jharkh)
M. Karpaga Vinayagam, C.J.1. B.O.C India Ltd., petitioner herein, has filed this writ petition seeking for issuance of a writ of certiorari for quashing the order as contained in letter No. 2432 dated 25.7.2005 issued by the Deputy Commissioner, Commercial Taxes, Jamshedpur, respondent No. 4, directing the petitioner company to deposit an amount of Rs 1,02,45,572/- being the differential amount of 1% sales tax on sale of Oxygen Gas to Tata Iron & Steel Company, respondent No. 7 herein.2. The short facts leading to filing of this writ petition are as follows:(A) The petitioner is the producer and supplier of gases like oxygen gas etc. for industrial and medical use. Tata Iron & Steel Company (TISCO), respondent No. 7 herein, is one of the major purchasers and consumers of the products of the petitioner, mainly oxygen gas. On 16.3.1983, M/s. TISCO, respondent No. 7, was granted certificate under Section 13(1)(b) of the Bihar Finance Act, 1981, (hereinafter referred to as the Act) wherein...
Baleshwar Paswan Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Nov-02-2007
Reported in: 2008(56)BLJR946
ORDERD.G.R. Patnaik, J.1. The instant application has been filed by the petitioner, Baleshwar Paswan for quashing the impugned order of cognizance dated 24.10.2002, and the entire criminal proceedings initiated, pursuant to the aforesaid order of cognizance vide G.R. Case No. 1022 of 1996, corresponding to Bokaro (Chas) P.S. Case No. 187 of 1996 for the offences under Sections 406, 409, 467, 468, 471 and 120B of the Indian Penal Code, presently pending in the court of the learned Chief Judicial Magistrate, Bokaro.2. The impugned order of cognizance and continuation of the proceedings against him has been challenged by the petitioner on the ground that the order was passed without application of judicial mind and continuation of the proceedings against him is an abuse of the process of the court.3. The case was originally registered at the Chas Police Station on the basis of an F.I.R. lodged by the petitioner himself against the proprietor of one Shaw Cement Agency. It was alleged in th...
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