Jharkhand Court April 2007 Judgments
Smt. Malanti Hembrom and anr. Vs. Bholanath Yadav and ors.
Court: Jharkhand
Decided on: Apr-30-2007
Reported in: [2007(3)JCR368(Jhr)]
ORDER1. Heard on the limitation petition.2. Considering the statements made in the petition and the grounds taken therein, we are satisfied that sufficient grounds have been made out for condoning the delay in filing the appeal.3. Accordingly, this interlocutory application is allowed and the delay in filing the appeal is hereby condoned.4. LA. No. 295/2006 is thus disposed of.M.A. No. 12 of 20065. With the consent of the parties, this appeal is being disposed of at this stage itself.6. The grievance of the appellants in this appeal is that the Tribunal has awarded the interest @ 6% p.a. only for the period of one year though in the facts and circumstances of the case it should have awarded the interest from the date of filing of the claim application.7. From the impugned award, we find that for depriving the appellants from the interest from the date of the claim application, the Tribunal has drawn adverse inference against the appellants for the delay caused in disposal of the case, ...
Tag this Judgment!Sunil Miskar Vs. the Divisional Manager, the Oriental Insurance Co. Lt ...
Court: Jharkhand
Decided on: Apr-30-2007
Reported in: [2007(3)JCR439(Jhr)]
ORDER1. Heard the parties in limitation matter.2. Considering the statements made in the petition and the grounds taken therein, we are satisfied that sufficient grounds have been made out for condoning the delay in filing the appeal.3. Accordingly, the delay in filing the instant appeal is condoned.4. I.A. No. 3400 of 2006 stands disposed of.5. The appeal is taken up for final disposal with the consent of learned Counsel for the parties.6. With the consent of the parties, this appeal is being disposed of at this stage itself.7. The claimants have filed this appeal for enhancement of the amount of compensation. The Motor Vehicle Accident Claim Tribunal, Ranchi, by the impugned judgment and award, awarded the compensation of Rs. 1,02,000/- for the death of the deceased Jagdish Miskar, which occurred on 29.7.2002 due to the accident of the Bus bearing Registration No. BR 15 P-0150 in which the deceased was travelling as a passenger.8. From the record it appears that the deceased was a la...
Tag this Judgment!Tilottama Devi and anr. Vs. Jitendra Singh and anr.
Court: Jharkhand
Decided on: Apr-30-2007
Reported in: [2008(1)JCR118(Jhr)]
ORDER1. With consent of the parties this appeal is being disposed of at this stage itself. Grievance of the appellants in this appeal is with regard to the interest, awarded by the learned 1st Additional District Judge-cum-Motor Accident Claim Tribunal, Bermo, on the amount of compensation.2. It is submitted that the Interest on the amount of compensation has been awarded from the date of impugned order, though it should have been awarded from the date of filing of the claim application.3. Having heard learned Counsel for the parties and on perusal of the impugned judgment, we find that the Tribunal has not assigned any reason for not awarding the interest from the date of application and, therefore, we find that the Tribunal has committed error in awarding the interest on the amount of compensation from the date of impugned order. Accordingly, the order impugned is modified to the extent that the interest at the rate of 6% per annum on the amount of compensation will be payable from t...
Tag this Judgment!Ramanand Tiwary Vs. Indian Iron and Steel Company Ltd. and ors.
Court: Jharkhand
Decided on: Apr-27-2007
Reported in: 2007(2)BLJR2068; [2007(114)FLR755]; [2007(3)JCR31(Jhr)]
M. Karpaga Vinayagam, C.J.1. Ramanand Tiwary, the petitioner-appellant, an employee under Indian Iron & Steel Company Ltd., the respondent herein, was informed through letter No. 260 dated 20.12.2005 that he would retire with effect from 31.1.2006 on attaining the age of 60 years. Challenging this letter, the petitioner filed the writ petition seeking for quashing the said letter and for granting a direction to the respondents to treat his date of birth to be 31.12.1950 as contained in his Matriculation Certificate and to permit him to continue in service. The said writ petition was dismissed by the learned Single Judge by the order dated 23.8.2006 holding that as the date of his superannuation fixed by the authorities to be on 31.1.2006 was in accordance with the declaration of the petitioner of his age as 25 years in the Statutory B Form, the impugned letter was justified. Aggrieved by this order of the learned Single Judge, the present Letters Patent Appeal has been filed.2. The rel...
Tag this Judgment!Ajay Chandra Dhar Vs. the State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Apr-27-2007
Reported in: 2007(2)BLJR1594; [2007(3)JCR25(Jhr)]
M. Karpaga Vinayagam, C.J.1. Mr. Ajay Chandra Dhar, the petitioner-appellant, filed a writ petition challenging the order, declining his selection/appointment as Deputy Collector in Bihar Administrative Service. The main ground urged by the petitioner is that he fulfilled all the qualification as well as requirements for promotion and posting as Deputy Collector and that despite recommendation of his name by the competent authority, for the selection, he was not selected.2. The writ petition was ultimately dismissed on 16.11.2005 by the order of the learned Single Judge mainly on the reason that he obtained only 25 marks whereas the other man, above him, who has been selected, secured 291/2 marks and as such, he obtained below the cut off marks and therefore, there is no merit in the writ petition.3. Aggrieved by this order, the petitioner-appellant has filed this L.P.A before this Court.4. The short facts, which are relevant for disposal of this appeal, are as follows:25% of the appoi...
Tag this Judgment!Shambhu Ram Tiwary Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Apr-27-2007
Reported in: [2007(4)JCR38(Jhr)]
M.Y. Eqbal, J.1. The plaintiff is the appellant. This appeal is against the judgment and decree dated 26.5.1990 passed by the Additional Judicial Commissioner, Ranchi in Title Appeal No. 17 of 1989 whereby he has affirmed the judgment and decree dated 9.2.1989 passed by VIth Additional Sub-Judge, Ranchi in title suit No. 11/89 dismissing the suit as not maintainable.2. It appears that a proceeding under Section 4(h) of the Bihar Land Reforms Act, 1950 (in short the 'the said Act') was initiated against the appellant by the Collector after annulling the transfer on the ground, inter alia, that the appellant came in possession of the land by virtue of transfer and/or settlement which took place after January, 1946 which is the cut off date under the aforesaid provision. The said proceeding under Section 4(h) of the Act was finally decided against the appellant and the said order was affirmed in appeal filed by the appellant before the statutory forum provided under the said Act.3. The pl...
Tag this Judgment!Md. Idrish Vs. State of Jharkhand Through Principal Secretary, Govt. o ...
Court: Jharkhand
Decided on: Apr-27-2007
Reported in: [2007(4)JCR49(Jhr)]
Permod Kohli, J.1. This Letters Patent Appeal is directed against the order dated 25.4.2006, passed in WP (S) No. 624 of 2006, whereby writ petition filed by the petitioner-appellant for grant of 2nd time-bound promotion benefit has been dismissed.2. It is admitted case of the parties that during the entire service tenure of the petitioner-appellant he has not received any regular promotion. Petitioner-appellant was appointed in the Agriculture Department on 29.9.1965 and retired on 31.1.2003. In the year 1981, he was allowed 1st time-bound promotion w.e.f. 1.4.1981 under the time-bound promotion scheme of the then State of Bihar as was invogue at the relevant time. Under the said time-bound promotion scheme. Government Servant who is not given even a single regular promotion was entitled to. two time-bound promotions in the next higher scale on completion of 10 years and 25 years of service respectively. Petitioner-appellant received 1st time-bound promotion on completion of 10 years ...
Tag this Judgment!The Oriental Insurance Co. Ltd. Vs. Smt. Savitri Kumari Singh and ors.
Court: Jharkhand
Decided on: Apr-26-2007
Reported in: 2008ACJ1469; 2007(2)BLJR2082; [2007(3)JCR289(Jhr)]
M.Y. Eqbal and D.K.Sinha, JJ.1. This appeal by the appellant-Oriental Insurance Co. Ltd. is directed against the judgment and award dated 31st March, 2006 passed by the Additional District Judge-cum-Motor Vehicles Accident Claims Tribunal, Jamshedpur in Compensation Case No. 15/2002 whereby he has awarded a sum of Rs. 12,87,000/- by way of compensation on account of death of the deceased Mahendra Kumar Singh in a motor vehicle accident.2. The claimants who are the widow, minor sons and daughters of the deceased filed the Claim Petition stating inter alia that on 29.09.2001 the deceased was coming from school where he was a teacher and when he reached near Agrico Chowk, Jamshedpur, a Mini Bus bearing registration No. BR31-2223 came in a very rash and negligent manner dashed against the deceased who sustained multiple injuries including the internal fatal injuries and died on the spot. It was alleged by the claimants that the deceased was a senior teacher in Jamshedpur Workers Union High...
Tag this Judgment!Arun Jaiswal Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-26-2007
Reported in: [2007(4)JCR214(Jhr)]
D.P. Singh, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 9.1.2002 and 10.1.2002 passed by the learned 1st Additional Sessions Judge, Hazaribagh in Sessions Trial No. 115/2000, whereby and whereunder the learned Court below held the appellant guilty under Section 302, IPC and sentenced him to undergo RI for life.2. The brief facts leading to this appeal are that in the morning of 14.11.1999 at about 8 a.m., PW 2 Surji Devi found smoke coming out from the room occupied by the appellant and the deceased situated in Mauja Barjawan, P.S. Mandu, district Hazaribagh. Surji Devi along with PW 3 Baleshwar Razak went to the room to find that deceased Mina was lying dead with burn injuries inside the room. PW 3 extinguished the fire and informed the brother of the deceased Nandlal Jaiswal regarding the incident. Nandlal Jaiswal went to Mandu police and returned with the police at the P.O. where his statement was recorded by PW 8, Narayan Prasad. Acco...
Tag this Judgment!Bhagta Munda Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-26-2007
Reported in: [2007(4)JCR46(Jhr)]
1. Sole appellant Bhagta Munda stands convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to serve rigorous imprisonment for life, by the 9th Additional Judicial Commissioner, Ranchi in Sessions Trial No. 658 of 1989.2. Brief facts leading to this appeal are that in the afternoon of 25.8.1989, informant Dharma Munda and his brother Turiya Munda have gone out of their house to work in the fields leaving behind deceased Suilo Mundain and sister Dubhan Mundain in the house situated at Mauza Man, Police StationLapung, DistrictRanchi. As further that at about 10.00 a.m., the informant was informed by his brother Turiya Munda that the appellant has killed their mother. PW 1 and PW 2, both brothers, arrived at the house to find that Suilo Mundian was lying dead with injuries on her head. According to informant, PW 3 Dubhan Mundian narrated to them the incident wherein the appellant has came at about 8.30 a.m. to their house while she was baking bread....
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