Jharkhand Court April 2007 Judgments
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Bokaro Roller Flour Mill Through Its Proprietor Mohan Lal Chandak Vs. ...
Court: Jharkhand
Decided on: Apr-19-2007
Reported in: [2007(3)JCR369(Jhr)]
Ramesh Kumar Merathia, J.1. Heard counsel for the parties.2. These two connected writ petitions are being disposed of by this common order.3. Petitioner filed one of the writ petitions being W.P. (C) No. 4386 of 2002 against the demand of the dues raised by the respondent Bihar State Financial Corporation (hereinafter to be referred to as 'the B.S.F.C') and the auction sale of the unit to respondent No. 5 therein. By order dated 9.8.2002, notice was issued to the said respondent No. 5 at the admission stage and following interim order was passed:In the meantime, if the petitioner deposits a sum of Rs. 15, 00,000/- (Rupees Fifteen Lakhs) by 6th September, 2002, respondents Bihar State Financial Corporation will not enter into any agreement with respondent No. 5.4. The said auction purchaser (respondent No. 5) backed out from the auction purchase. The B.S.F.C. refused to refund the earnest money till a final decision is taken in W.P. (C) No. 4386 of 2002. The auction purchaser filed a wr...
The Special Officer Vs. Dinbandhu Mishra and ors.
Court: Jharkhand
Decided on: Apr-19-2007
Reported in: [2007(3)JCR332(Jhr)]
Permod Kohli, J.1. This appeal is directed against the order dated 21st January, 2003 passed in C.W.J.C. No. 1637 of 2000. Vide the impugned order a direction has been issued to the appellant to clear all the pay, retiral benefits to the petitioner within three months and the direction for recovery of the salary during the period of over stay has also been quashed.2. It has been argued on behalf of the appellant-Municipality that exercise of option for pensionary benefits in terms of Rule 4(i)(ii) of the Bihar Municipal Officers and Servants pension Rules, 1987 within ninety days was a condition precedent for payment of pension and since the respondent-employee did not exercise the option within the statutory period, he is not entitled to pension, though his other retiral benefits have been paid.3. In so far the quashment of recovery against respondent No. 1 is concerned, no challenge is made to that effect. The judgment impugned as regards the direction for quashing of Annexure-3 is n...
Yogendra Yadav and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-19-2007
Reported in: [2007(4)JCR204(Jhr)]
ORDERPermod Kohli, J.1. The appellants were engaged as daily wagers by the then State of Bihar. Earlier they filed C.W.J.C. No. 4865 of 1988 (R), seeking their regularization. This writ petition was dismissed as withdrawn on 26th August, 1988. Thereafter, the appellants herein preferred second writ petition being C.WJ.C. No. 2352 of 1995, seeking same relief of regularization. During pendency of the writ petition, the respondents dispensed with the services of the appellants due to paucity of fund by issuing fresh notice dated 22nd January, 1996, asking them to receive the arrears and compensation, legally payable under Section 25F of the Industrial Disputes Act. The appellants, accordingly, filed I.A. No. 1418 of 2004 for amendment of the writ petition, which was allowed. The learned single Judge has dismissed the writ petition, filed by the appellants, on two grounds; (i) the earlier writ petition having been withdrawn without liberty, second writ petition is barred and (ii) the peti...
Urmila Devi and ors. Vs. Smt. Rani Devi and ors.
Court: Jharkhand
Decided on: Apr-19-2007
Reported in: 2007(2)BLJR1793; [2007(3)JCR321(Jhr)]
M.Y. Eqbal, J.1. This second appeal by the defendants/tenant is directed against the judgment and decree dated 28.9.2002 passed by 2nd Additional District Judge, Dumka, whereby he has allowed Title Appeal No. 4/2001 and set aside the judgment and decree dated 5.3.2001 passed by Sub Judge-I, Dumka in Title (Eviction) Suit No. 5/96.2. The original plaintiff-Ram Kumar Sah filed aforementioned suit for decree of eviction of the defendants/appellants from the suit premises on the ground of expiry of period of lease, subletting and personal necessity. During the pendency of the suit, the original plaintiff -Ram Kumar Sah died and the present respondent, namely, widow and minor sons and daughters have been substituted in his place. Plaintiffs' case is that defendant was inducted as tenant in respect of one shop room by the original plaintiff for a fixed period of twelve years by registered lease deed of the year 1963. The period of lease expired in 1975 and, thereafter, no fresh lease was exe...
Ajay Kumar Sinha Vs. Smt. Maya Sinha
Court: Jharkhand
Decided on: Apr-19-2007
Reported in: I(2008)DMC53; [2007(4)JCR205(Jhr)]
ORDER1. Heard learned Counsel for the appellant.2. This appeal has been filed by the appellant, who is the husband, against the judgment and order passed by the Principal Judge, Family Court, Ranchi in Miscellaneous Case No. 40 of 2002 whereby considering the facts and circumstances of the case the Court below directed the appellant for payment of Rs. 5,000/- as per alimony.3. The respondent is the first wife of the appellant. Out of the said wedlock, three sons and two daughters were born. Without separation and without obtaining a decree of divorce, the appellant solemnized 2nd marriage and has been living with the second wife since for the last so many years. The daughters of the respondent have attained marriageable age. Taking into consideration all these facts the Court below directed the payment of Rs. 5 lakhs for the marriage of the daughters and Rs. 5,000/-per month by way of alimony.4. The appeal was taken up for hearing on admission on 22.1.2007 and this Court passed the fol...
Chaitu Gope and Sukra Gope Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Apr-18-2007
Reported in: 2007(2)BLJR2023
D.P. Singh, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 28.2.95 passed by the learned Ist Additional Sessions Judge, Gumla in Sessions Trial No. 44/93, whereby and whereunder the learned Sessions Judge held the appellants guilty under Sections, 302/34 IPC and sentenced them to serve RI for life. 2. The brief fact leading to this appeal are that the informant, Sohan Gope, PW 5, along with the deceased and PW 6 was going towards the village pond to attend the call of nature in the evening of 9th May, 1992, when he saw the appellants coming from behind carrying tangi. It is further stated that they over took the deceased Siba Gope and started assaulting him with tangi resulting injuries on his head and neck, after which he fell down. The informant further asserted that due to this attack Siba died on the spot and out of fear they could not resist and protest. Therefore when the appellants fled away from the spot he along PW 6 arrives at the ...
Sudama Choudhary and ors. Vs. Sri Chandrika Choudhary and ors.
Court: Jharkhand
Decided on: Apr-18-2007
Reported in: AIR2007Jhar110; 2007(2)BLJR1789; [2007(3)JCR354(Jhr)]
M.Y. Eqbal, J.1. This Second Appeal by the defendants-appellants is against the judgment of reversal. The suit filed by the plaintiffs-respondents being Partition Suit No. 116 of 1981 claiming partition of half share in the suit property, was dismissed by the Sub Judge, Garhwa in terms and judgment and decree dated 21.9.1987 holding that there had been previous partition between the parties.2. In appeal filed by the plaintiffs-respondents, being Title Appeal No. 23/87, the appellate court, namely, the Addl. District Judge, Garhwa, in terms of judgment and decree dated 21.9.88, allowed the appeal and set aside the judgment and decree passed by the trial court and decreed the suit.3. This second appeal was admitted for hearing on 10.7.90 on the following substantial question of law:Whether the learned court of appeal below has erred in law in not discussing the vital documentary evidence relied upon by the learned trial court for coming to the conclusion that there has been a previous pa...
Srimati Sita Devi and ors. Vs. Lalita Devi,
Court: Jharkhand
Decided on: Apr-18-2007
Reported in: AIR2007Jhar101; 2007(2)BLJR2166; [2007(3)JCR370(Jhr)]
M.Y. Eqbal, J. 1. This Second Appeal by the defendants-appellants is directed against the judgment and decree passed by the Ist Addl. District Judge, Palamau at Daltonganj in Title Appeal No. 19/1996 whereby he has reversed and set aside the judgment and decree passed by Sub-judge, Garhwa in Title Suit No. 37/66 and thereby decreed the suit filed by the plaintiffs-respondents.2. The facts of the case lie in a narrow compass: The Plaintiffs-respondents filed the aforementioned suit for declaration of title of plaintiff No. 1 over the suit land described in schedule I of the plaint as occupancy raiyat and over the compensation money payable for four annas share in village Gonda. The plaintiffs also claimed title over Schedule -2 land and further for confirmation of their possession on the land wherefrom they were allegedly dispossessed during the pendency of the suit in execution of a decree. Plaintiffs' case is that during the period between 1939 to 1945 when the suit land was under the...
Singh Refractories Works Through Its Managing Partner, Bijay Pratap Si ...
Court: Jharkhand
Decided on: Apr-18-2007
Reported in: AIR2008Jhar37; 2007(2)BLJR1864; [2007(3)JCR394(Jhr)]
Narendra Nath Tiwari, J.1. In this writ petition the petitioners have prayed for a direction on the Bihar State Financial Corporation-respondent No. 1 [hereinafter referred to as the B.S.F.C for short] and its officers to give them the benefits of the 'B.S.F.C One Time Settlement Scheme, 2004' [hereinafter referred to as 'the OTS Scheme, 2004'] for which the petitioners had applied within the prescribed time with the necessary amounts. The petitioners have also prayed for quashing the Resolution dated 16.11.05 (Annexure-3) restraining the respondents from auctioning and settling the petitioners-Unit with any other person. The petitioners have further prayed for quashing the sale letter dated 16.11.05 and the resolution of the Board of Directors dated 25.8.06 and the order of the respondents dated 12.10.2006 whereby the application of the petitioners for giving them the benefits of the OTS Scheme, 2004 has been rejected and the auction purchasers have been permitted to deposit the money...
Krishna Chandra Mahto and ors. Vs. Niranjan Mahto and ors.
Court: Jharkhand
Decided on: Apr-18-2007
Reported in: 2007(2)BLJR1996; [2007(3)JCR327(Jhr)]
M.Y. Eqbal, J.1. This appeal at the instance of the defendants-appellants is directed against the judgment and decree dated 2.2.85 passed by the Additional District Judge, Singhbhum at Chaibasa in T.A. No. 11/82 whereby he has reversed the judgment and decree dated 27.3.82 passed by the Subordinate Judge, Chaibasa in Title Partition Suit No. 25/80 and decreed the suit.2. The plaintiffs-respondents filed the aforementioned suit for partition of the properties described in Schedule 'B' and for 'C' of the plaint and for carving out 1/4th share out of the suit property. Plaintiffs' case, inter alia, is that both parties are the defendants of one common ancestor, Bidu Mahto who had four sons, namely, Gadai Mahto, Akhu Mahto, Bhikhari Mahto and Janardan Mahto. Gadai Mahto pre deceased his father, Bidu Mahto and left behind him a son named Baidyanath Mahto who is defendant No. 1, Bhkihari Mahto is defendant No. 2 and Janardan Mahto is the plaintiff. It is alleged by the plaintiffs that Bidu M...
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