Jharkhand Court December 2007 Judgments
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Sunil Kumar Singh @ Munna Singh @ Sunil Kumar, Vs. the State of Jharkh ...
Court: Jharkhand
Decided on: Dec-11-2007
Reported in: 2008(56)BLJR1455
R.R. Prasad, J.1. Heard learned Counsel appearing for the petitioners, Opp. Parties No. 2 and learned Counsel appearing for the State.2. This Cr. Miscellaneous Petition filed under Section 482 of the Code of Criminal Procedure is directed against the order dated 15.05.2006, passed by the learned Judicial Magistrate, Dhanbad in C.P. Case No. 467 of 2005 whereby and whereunder leaned Judicial Magistrate, Dhanbad having been found prima facie case true under Sections 353 and 506 of the Indian Penal Code, summoned the petitioners to face trial.3. The facts giving rise this application is that the Complainant-Opp. Party No. 2 lodged a complaint case bearing No. 467 of 2005 stating therein that he being a 'Tax Daroga' working under the N.A.C. (Notified Area Committee), Sindri was entrusted with a job of construction of P.C.C. Road from R.K. More Sindri to B.I.T. Club Sindri and for that purpose, he purchased certain construction materials from the petitioner No. 2 for which payment was made ...
Rakesh Kumar Poddar Vs. the State of Bihar and ors.
Court: Jharkhand
Decided on: Dec-11-2007
Reported in: 2008(56)BLJR1337; [2008(2)JCR226(Jhr)]
Narendra Nath Tiwari, J.1. In this writ petition, the petitioner has prayed for a direction on Respondent No. 2, Secretary-cum-Registrar, Rajkiya Ayurvedic and Unani Chikitsa Adhikay, Bihar, Patna (hereinafter to be referred as 'Adhikay'), to conduct the examination of First and Second Year DAP of 2001 and First Year DAP Examination of 2002.2. It has been stated that the petitioner and its members are students of Chhotanagpur Ayurvedic Pharmacy College, Ranchi (hereinafter to be referred as the 'College'). The said College was recognized by Letter No. 274 dated 28th December, 1999 issued by the Respondent No. 2. It has been submitted that the petitioner along with other students had already appeared in First Year DAP Examination of 2001 and they have been declared pass. The petitioner had to appear in Second Year DAP Examination of 2001. Some students were also to appear in First Year DAP Examination of 2002. The petitioner and other students were informed that the examination shall be...
Baleshwar Yadav @ Shyamji Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Dec-11-2007
Reported in: 2008CriLJ1552
Dilip Kumar Sinha, J.1. The Criminal Appeal is directed against the judgment of his conviction dated 3.8.2006 and order of sentence passed by Shri R.B. Gupta, Addl. Sessions Judge, F.T.C., Latehar in Sessions Case No. 12 of 2006 whereby the appellant Baleshwar Yadav @ Shyamji was convicted under Section 386,307 and 323 I.P.C. and sentenced to undergo rigorous imprisonment for 10 years, 10 years and simple imprisonment for one year respectively and fines with default stipulation. He was further convicted under Section 25(1B) 26 & 27 Arms Act and sentenced to undergo simple imprisonment for three years and fine of Rs. 2,000/-, rigorous imprisonment for 5 years and fine of Rs. 2,000/- and rigorous imprisonment for 3 years and fine of Rs. 2,000/- respectively with default stipulations of imprisonment. Finally he was convicted under Section 17 of the Criminal Law Amendment Act, 1908 find sentenced to undergo imprisonment for 3 years and fine with default stipulation. Sentences were directed...
Sanjeev Kumar Mandal Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-10-2007
Reported in: [2008(2)JCR244(Jhr)]
M. Karpaga Vinayagam, C.J.1. The petitioner, who was working as Inspector of Mines, was promoted to the post of Assistant Mining Officer. The petitioner was allocated Jharkhand cadre and given posting of Inspector of Mines Therefore he filed writ petition being W.P.(S) No. 3287/2005 for a direction to consider the case of regular promotion to tin higher grade of Assistant Mining Officer with effect from 29.1.2001. In pursuance of the subsequent orders, he was granted promotion but without giving any effect to the earlier order of promotion. The matter was referred to Law Secretary and Advocate General for opinion; then the Mines Secretary ordered for placing the matter before the Departmental Establishment Committee for approving the promotion. Since no order is passed by the Establishment Committee, writ petition has been filed by the petitioner in W.P.(S) No. 3287/2005. The final order was passed by this Court on 10.7.2007 directing the Establishment Committee to pass an order of app...
Md. Habib Vs. Bihar State Road Transport Corporation and ors.
Court: Jharkhand
Decided on: Dec-10-2007
Reported in: [2008(2)JCR243(Jhr)]
M. Karpaga Vinayagam, C.J.1. The petitioner retired on 30.11.2001 from the service of the respondent-Corporation. Since the retiral benefits were not paid, he filed writ petition before this Court in W.P. (S) No. 6484/2002 seeking for issuance of necessary direction. By the order dated 3.7.2006, this Court directed the respondents to consider the case of the petitioner and make payment in accordance with the scheme framed by the Hon'ble Supreme Court. Accordingly the petitioner submitted his representation on 31.7.2006. However, no amount has been paid to the petitioner. Hence, this contempt application.2. According to the respondents, as stated in the show cause, the retiral dues of the employees of the Corporation are being paid in terms of the package programme approved by the Hon'ble Apex Court and as per the package, the petitioner, who retired on 30.11.2001, comes under the 6th phase and is entitled to various dues, such as, salary, 75% gratuity, unutilized earned leave, dearness...
Krishnanandan Prasad Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Dec-10-2007
Reported in: [2008(2)JCR315(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ petition the petitioner has prayed for quashing the Notification of his retirement contained in Letter No. BCCL/KB 5/6 Pits/Retire/06/2338 dated 1.7.2006 issued by the respondent No. 5 (Annexure-7) whereby the petitioner has been informed that he would retire from the Company's service w.e.f. 31.12.2006 on attaining the age of 60 years. The petitioner has also prayed for a mondamus commanding upon the respondents to allow him to work till 15.11.2011 when he would actually attain the age of 60 years.2. The petitioner is an employee of the respondents-Bharat Coking Coal Limited (for short BCCL) working at KB 5/6 Pits Colliery P.B. Area as Mining Sirdar.3. The petitioner was earlier appointed in the service of the colliery on 16.11.1971. Before his appointment in the colliery, the petitioner had passed Matriculation Examination from the Bihar School Examination Board in 1968. In the said certificate, his date of birth was recorded as 15.11.1951...
Sunil Kumar Kotriwal @ Sunil Kotriwal and Tirthraj Himmatsinghka @ Tir ...
Court: Jharkhand
Decided on: Dec-07-2007
Reported in: [2008(2)JCR144(Jhr)]
D.P. Singh, J.1. Heard both the sides.2. These present petitions have been preferred by the petitioner Tirthraj Himmatsinghka @ Tirth Raj Himmat Singh, the Director- cum Financer Ideal Credit Private Ltd. against the order of C.J.M., Deoghar dated 14.2.2007 passed in T.R. No. 22 of 2007 arising out of G.R. Case No. 908 or 1996 by which the prayer for discharge dated 11.8.2005 has been refused.Similarly situated co accused Sunil Kumar Kotriwal @ Sunil Kotriwal has preferred a separate revision petition being Cr. Revision No. 240 of 2007. Since both the matters arise out of same order, they being disposed of by this common order.3. One Sunil Kumar has lodged an FIR before the Deoghar Police on the basis of which Deoghar (T ) P.S. Case No 384 of 1996 was instituted against these petitioners and others under sections 406, 421, 465, 467, 468, 471/34 of the Indian Penal Code. The police investigated the case and finally submitted charge sheet against these petitioners and others. The learned...
Suraj Deo Ram Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-07-2007
Reported in: 2008(56)BLJR1474; [2008(2)JCR83(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard Mr. A.K. Sinha, learned senior counsel for the petitioner and the counsel for the respondents.2. In this writ application the petitioner has challenged the notification dated 29/05/2007, contained in Annexure-5 to the writ application, issued by the Government of Jharkhand, Department of Personnel, Administrative Reforms and Rajbhasa, Ranchi, whereby the petitioner, an Under Secretary, posted in Transport Department of the Government of Jharkhand, has been transferred as Under Secretary to the Department of Art, Culture, Sports & Youth Affairs, Government of Jharkhand. By the same notification respondent No. 4, Nepal Prasad Singh, who was posted as Under Secretary in the Forest & Environment Department has been transferred in place of the petitioner, i.e. in the Department of Transport.3. The main grounds for challenge of the impugned order of transfer are three folds;Firstly, that the said order of transfer has been issued without recommendation of th...
State of Bihar Vs. Chinibas Mahto and anr.
Court: Jharkhand
Decided on: Dec-06-2007
Reported in: 2008(56)BLJR1057; [2008(2)JCR47(Jhr)]
M.Y. Eqbal, J.1. More than 10,000 families who are the members of the Scheduled Caste, Scheduled Tribes and other communities were dispossessed from their agricultural lands 45-50 years back under the provisions of Land Acquisition Act when their lands were acquired in the year 1959-1962 for the purpose of construction of 4th Steel Plant at Bokaro for erection of Iron & Steel, ancillary works and industries and on the said land Bokaro Steel Plant of Steel Authority of India was established and possession of the said land was given by the State to the Bokaro Steel Plant in 1964. Unfortunate part is that those raiyats and land losers have still not been paid their rightful and legitimate compensation amount so enhanced by the Land Acquisition Judge because of the fact that the State of Bihar, now Jharkhand have challenged those awards passed by the Land Acquisition Judge by filing these appeals before this Court which are pending for the last 16 years.2. About 46 appeals and 10,312 appli...
Commissioner of Income Tax and ors. Vs. Agricultural Produce Market Co ...
Court: Jharkhand
Decided on: Dec-06-2007
Reported in: [2009(1)JCR247(Jhr)]
M.Y. Eqbal, J.1. In all these appeals filed under Section 260A of the Income Tax Act, 1961, common questions of law and facts are involved and, therefore, they have been heard together and are disposed of by this common judgment.2. The appellant-Revenue has challenged the orders passed by the Income Tax Appellate Tribunal whereby the appeals filed by the respondent- Agricultural Produce Market Committee of different districts of the State of Jharkhand have been allowed and it was held that the respondent is entitled to get registration under Section 12AA of the Income Tax Act, 1961 (herein after referred to as the said Act') and issued necessary directions to the Income Tax Commissioner to grant registration to the respondent-Market Committee under Section 12AA of the said Act.3. The respondent-Agricultural Committee of different districts filed applications, for their registration as Trust in Form 10A as required under Section 12A of the said Act. The said application for registration...
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