Jharkhand Court May 2007 Judgments
Srimati Sulochna Devi and ors. Vs. Coal India Limited and anr.
Court: Jharkhand
Decided on: May-18-2007
Reported in: 2007(2)BLJR2738; [2007(4)JCR116(Jhr)]
M.Y. Eqbal, J.1. The appeal under Section 100 C.P.C. by the plaintiffs/appellants is directed against the judgment and decree dated 23.12.1989 passed by 7th Additional District Judge. Dhanbad in Title Appeal No. 13 of 1989 affirming the judgment and decree dated 23.2.1989 passed by Sub judge 2nd Court, Dhanbad in Title Suit No. 5 of 1974.2. On 19.8.1991, this appeal was heard under Order 41 Rule 11 CPC and the following order were passed:-This appeal will be heard on the following substantial question of law:Whether the appellant was entitled to compensation for the machinery and stock of coal lying at the Durga Boka Pahari Colliery on the date of nationalization of the collieries.Since the respondents have appeared, no notice need to be issued. Call for the records.The cross-objection will be heard along with this appeal on the following substantial question of law:-Whether the finding of the court below that Durga Boka Pahari Colliery was part of Bajna Colliery can be sustained on th...
Tag this Judgment!Dina Nath Prasad and Md. Feroz Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: May-18-2007
Reported in: [2007(4)JCR3348(Jhr)]
Ramesh Kumar Merathia, J.1. Heard the parties for final disposal.2. Petitioners have prayed for direction upon the respondents to allow them to continue in their services as they had been prior to 22.8.2002.3. Mr. P.K. Sinha, learned Senior Counsel appearing for the petitioners, mainly submitted that the petitioners were not given any show cause notice before termination. He also submitted that even in case of termination for unsatisfactory performance, the deficiency should have been informed.4. Learned counsel appearing for the respondents submitted that petitioners were not working against any sanctioned post. There were no posts of Gardner or Sweeper. Therefore, they cannot claim any right to continue. Moreover they were disengaged due to unsatisfactory service.5. Petitioner No. 1 was engaged on 17.8.1996 as Gardner on daily wage basis, by the Civil court. On the request of the District and Sessions Judge, Godda, the State Government permitted him to engage two-three persons on con...
Tag this Judgment!Vishnu Kumar and ors. Vs. the State of Bihar (Now Jharkhand) and anr.
Court: Jharkhand
Decided on: May-18-2007
Reported in: 2007(2)BLJR2417
D.G.R. Patnaik, J.1. Petitioners have prayed for quashing the entire criminal proceedings initiated against them, pending in the Court of Shri A.K. Singh, Judicial Magistrate, 1st Class, Dhanbad vide C.P. Case No. 574 of 1996 including the order of cognizance dated 06.02.1997, whereby the learned court below took cognizance for the offences under Sections 341/363 I.P.C. against the petitioners.2. The main ground of attack against the impugned order passed by the trial court and the continuance of the proceedings against the petitioners is that the order of cognizance was passed in a mechanical way without application of judicial mind by the Magistrate and further, that even on the basis of the allegations in the F.I.R., no cognizance for the offences could be taken against the petitioners without prior sanction for prosecution under the provisions of Section 197 of the Code of Criminal Procedure as because the petitioners are Government employees and public servants. Further plea has b...
Tag this Judgment!Umesh Prasad Singh Vs. Coal India Limited Through Its Chairman-cum-m.D ...
Court: Jharkhand
Decided on: May-18-2007
Reported in: 2007(2)BLJR2428; [2007(4)JCR200(Jhr)]
Amareshwar Sahay, J.1. Since a common question is involved in both the writ applications and, therefore, both the writ petitions were heard together and are being disposed of by this common judgment.Relevant facts of C.W.J.C. No. 1767 of 2000 (R)2. The petitioner Umesh Prasad Singh joined Bharat Coking Coal Limited a subsidiary of Coal India Limited on 12/07/1984 as Junior Executive Trainee (JET) (Mining) and he worked as Junior Mining Engineer and Assistant Manager in between 1985 to 1994. From July 1994 to December 1998 he worked as Manager of Bastacolla Colliery and then as Superintendent of Mines from 25/12/1998 to 03/05/1999. He resigned from service on 04/05/1999.3. The petitioner made a claim to the respondents as contained in Annexure-2 dated 08/11/1999 for payment of wages in lieu of 146 days due earned leave in terms of Section 52(10) of the Mines Act, 1952, which was rejected by the respondent by issue of letter dated 15/04/2000 to the petitioner on the ground that in accord...
Tag this Judgment!Bishwanath Singh Vs. the Suite of Jharkhand,
Court: Jharkhand
Decided on: May-18-2007
Reported in: [2007(4)JCR37(Jhr)]
R.K. Merathia, J.1. Heard the parties.2. Petitioner has challenged the order dated 20.2.2003 (Annexure-8), passed by the Deputy Commissioner, Singhbhum East, Jamshedpur (respondent, No. 3) in Mutation Appeal No. 39 of 2000-01, rejecting the appeal and affirming the order dated 23.8.1090, passed in Mutation Case No. 298/1994 by the Circle Officer, Jugsalai, Jamshedpur.3. Petitioner's case, in short, is that:- alter purchasing the land in question, he is in possession thereof. A Title Suit No. 107 of 1988 was filed regarding the land in question against Swarn Singh and others for declaration (hat the defendants have no right, title and interest over the suit land and for restraining them from interfering with the possession of the petitioner (plaintiff). The suit was decreed on 29.7.1989 by learned Additional Munsif, Jamshedpur. Petitioner filed Execution Case No. 4/1990, in which TISCO filed an objection, which was rejected on 14.2.1990. Against which, TISCO filed Civil Revision No. 62/...
Tag this Judgment!Bartu Oraon Vs. Regional Commissioner, Coal Mines Provident Fund, Regi ...
Court: Jharkhand
Decided on: May-18-2007
Reported in: [2007(4)JCR198(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties and with their consent this writ application is being disposed of at this stage itself.2. The prayer of the writ petitioner in this application is for direction to the respondents to settle and pay his entire retrial dues including full pension and arrears of pension with interest.3. According to the petitioner, he was employed and working as Miner with the respondents Central Coalfields Limited and on attaining the age of superannuation he retired from the service on 08/09/1998. The grievance of the petitioner is that after his great efforts for payment of his retrial dues, only the amount of his Gratuity was paid to him but so far as the pension is concerned, on 28/12/1999 he received a letter from the respondents directing him to deposit Rs. 3259/- for getting the pension, which he accordingly deposited immediately but in spite of the said fact he has not been paid his pension.4. On the other hand on 15/09/2003 by issue of Annexure-4 the...
Tag this Judgment!Kartik Kumar Singh and ors. Vs. the State of Jharkhand and anr.
Court: Jharkhand
Decided on: May-18-2007
Reported in: 2007(2)BLJR2925; 2007CriLJ4674; II(2007)DMC774
D.G.R. Patnaik, J.1. Petitioners have challenged the order dated 30th June, 2004, passed by the learned Additional Sessions Judge, Ghatshila in Sessions Trial No. 260 of 2003, whereby the prayer of the petitioners for their discharge in the case under Section 227 of the Cr. P.C was dismissed.2. The main ground of the petitioner in support of his prayer is that the learned court below has passed the impugned order in a mechanical manner without application of judicial mind and failing to consider that even according to the entire allegations in the F.I.R., no offence under Section 313 and 414 of the Indian Penal Code is made out at all and further, that the court below has failed to consider the fact that it had no territorial jurisdiction to entertain the complaint and proceed with the trial against the petitioners, since even according to the allegations in the F.I.R., the entire acts of offence as alleged against the petitioners, were confined to places other than the parental house ...
Tag this Judgment!Dr. Kashi Nath Ram Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-18-2007
Reported in: [2007(4)JCR24(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition the petitioner has prayed for quashing the Letter No. 1160 dated 5.6.2006 issued by the respondent No. 3 whereby the decision has been taken to dismiss the petitioner from service and to recover certain amounts from him. The petitioner has further sought for revocation of his suspension and also for payment of salary and other allowances.2. The short facts of the petitioner's case are that the petitioner was appointed on Class-II post in Animal Husbandry and Fisheries Department in the year 1972. In the year 1981 he was promoted to Class-I post. The petitioner was transferred and posted at several places between the years 1972 and 1996 without any blemish and adverse remark. In the year 1997, while he was working as the Regional Director, Animal Husbandry and Fisheries Department, Saran Division, the petitioner was put under suspension by the department by letter dated 1.2.1997. Thereafter, the memorandum of charges was also served on him in...
Tag this Judgment!Chilli Devi and Somaru Lal Raut Vs. Central Coal Fields Ltd. and ors.
Court: Jharkhand
Decided on: May-18-2007
Reported in: [2007(4)JCR193(Jhr)]
ORDERAmareshwar Sahay, J.1. Both the writ applications were heard together since a common question is involved. Accordingly, by this common order both the writ applications are being disposed of at this stage itself.Relevant Facts of WP(S) No. 1008 of 2003The prayer of the petitioner in this writ application is for issuance of an appropriate writ directing the respondents Central Coalfields Limited to provide employment to her son Jhanku Mahto on compassionate ground as the petitioner's husband Charka Mahto, who was an employee of the Central Coalfields Limited as TrammerIII posted at Rai Colliery, died in harness on 2.3.2002.2. The case of the petitioner is that her husband Charka Mahto, who was an employee of the Central Coalfields Limited died while he was in service on 2.3.2002 in Gandhinagar Hospital at Ranchi. As per the provisions of National Coal Wage Agreement VI, the petitioner made an application before the Project Officer, Central Coalfields Limited, Bachra, where her husba...
Tag this Judgment!Bishwanath Mandal and ors. Vs. Ajay Kumar Kapri and ors.
Court: Jharkhand
Decided on: May-17-2007
Reported in: AIR2008Jhar12; 2007(2)BLJR2922; [2007(4)JCR109(Jhr)]
M.Y. Eqbal, J.1. These appeal by the plaintiff appellant is directed against the judgment and decree dated 5.2.1988 passed by the 7th Additional District Judge, Dumka in Title Appeal No. 77 of 1976 whereby he has reversed the judgment and decree dated 10.7.1976 passed by the 3rd Additional Subordinate Judge, Dumka in Title Suit No. 09 of 1974 and finally dismissed the suit.2. The original plaintiff Ania Kapri filed Title Suit No. 09 of 1974 in the Court of Subordinate Judge, Dumka for declaration that the original plaintiff had never taken defendant No. 1 in adoption and that the registered deed of adoption dated 4.2.1974 is void and liable to be cancelled. A decree for perpetual injunction was also sought for restraining the defendants from interfering with the light of the plaintiff in respect of 1/4th share in the suit property 3. The plaintiff's case, in brief, is that Ania Kapri, the deceased mother of the present plaintiff, was the widow of late Kalru Kapri. Kalru Kapri died 20-2...
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