Jharkhand Court June 2007 Judgments
Central Coalfields Limited and ors. Vs. N. Velayudhan
Court: Jharkhand
Decided on: Jun-28-2007
Reported in: 2007(2)BLJR2895; [2007(4)JCR360(Jhr)]
M.Y. Eqbal, J.1. This Letters Patent Appeal is directed against the judgment dated 8.8.2003 passed in W.P. (C) No. 6088 of 2001 whereby the writ petition filed by the respondent was disposed of holding that the writ petitioner is entitled to honorarium for the period June, 2000 to May, 2001.2. The petitioner-respondent filed a writ petition seeking a direction upon the respondents-appellants for a direction for payment of honorarium-cum-salary for the services rendered by him in terms of letter dated 20.6.2000. The petitioner's case was that on or about 15.12.1982, he was appointed on the post of Security Officer under the respondents-C.C.L. and later on promoted to the post of Senior Security Inspector in 1990. He superannuated from the services on 20.6.2000. It was stated that after retirement, a proposal was made by the Chief of Security, C.C.L. for rendering training to 700 security personnel for a period of one year on honorarium basis fixing a sum of Rs. 3000/- per month. Such pr...
Tag this Judgment!Smt. Basanti Devi and ors. Vs. Girdhari Rana and ors.
Court: Jharkhand
Decided on: Jun-28-2007
Reported in: 2007(2)BLJR2858; [2007(3)JCR620(Jhr)]
M.Y. Eqbal, J.1. This appeal by the plaintiffs' under Section 100 C.P.C. is directed against the judgment and decree dated 20.8.1990 passed by 1st Additional District Judge, Hazaribagh in Title Appeal No. 60 of 1989 whereby the appellate court has allowed the appeal and set aside the judgment and decree dated 30th July, 1989 passed by Subordinate Judge-V, Hazaribagh in Title Suit No. 89 of 1984 and finally dismissed the suit.2. The plaintiffs-appellants filed the aforementioned Title Suit No. 89 of 1984 for declaration that the deed of gift dated 24.8.1983 executed by defendant No. 1 in favour of defendant Nos. 2 to 6 is void, illegal and inoperative and further for a decree of permanent injunction directing defendant No. 1 to admit execution of sale-deeds dated 22.8.1983 and 26.8.1983 or to execute fresh sale-deeds in favour of the plaintiffs before the District Sub Registrar, Hazaribagh. A further relief for khas possession of the suit property was also sought for.3. The plaintiffs' ...
Tag this Judgment!Md. Rahim @ Abdul Rahim and ors. Vs. Md. MaoIn and ors.
Court: Jharkhand
Decided on: Jun-28-2007
Reported in: [2007(4)JCR284(Jhr)]
M.Y. Eqbal, J.1. This appeal directed against the judgment and decree dated 20.9.1990 passed by the 2nd Additional District Judge, Giridih in Title Appeal No. 32 of 1981 whereby he has allowed the appeal filed by the plaintiff in part and right tile and interest of the plaintiff-respondent Nos. 1 and 2 was declared in respect of a portion of the suit property.2. The plaintiff-appellant filed Title Suit No. 58 of 1979 for a declaration that plaintiff Nos. 1 and 2 have subsisting right, title and interest over a pucca built house measuring 4.25 decimals forming part of holding No. 103, Ward No. 3 of Giridih Municipality fully described in Schedule 'B' of the plaint which is the suit property. Further relief for declaration that the agreement for sale dated 24.4.1997 alleged to be executed by defendant No. 2 in favour of defendant No. 1 in respect of the suit property as well as Schedule 'A' property is illegal, collusive, void and without consideration and it did not confer any right to ...
Tag this Judgment!Etwa Oraon Vs. Smt. Kusum Devi and ors.
Court: Jharkhand
Decided on: Jun-28-2007
Reported in: [2007(4)JCR132(Jhr)]
1. Heard learned Counsel for the parties.2. The order dated 21.06.2004, passed in C.W.J.C. No. 2648 of 2000 with C.WJ.C. No. 1500 of 2000, by learned Single Judge is under challenge in this appeal.3. The facts in brief are that Sanicharwa Oraon and Bhokre Oraon were the recorded Raiyats with regard to the land of Khata No. 135 situated in village Gari. In 1941 they applied to the Deputy Commissioner, seeking permission to transfer the said land in favour of one Bibi Taiba Khatoon as envisaged under Section 49 of the Chhotanagpur Tenancy Act which was accorded by the Deputy Commissioner under order dated 17.07.1941. The appeal filed against the said order of the Deputy Commissioner before the Commissioner was dismissed and thereafter, the draft agreement for transfer of the land was agreed on 18.02.1942. Subsequently, the sale deed was executed and registered on 17.03.1942 and the transferee came in possession thereof.4. In 1949, the nature of the disputed land was changed and converted...
Tag this Judgment!Kafil Ahmad Vs. the State of Bihar Through the Secretary, Secondary Ed ...
Court: Jharkhand
Decided on: Jun-27-2007
Reported in: [2007(4)JCR208(Jhr)]
R.K. Merathia, J.1. Heard.2. Petitioner has challenged the order dated 4.7.2002, passed by the Deputy Director, Secondary Education, Bihar, Patna, terminating his service on the ground that his appointment was illegal.3. Mr. Anwar, appearing for the petitioner, submitted that in view of the judgment of Arvind Vijay Bilung v. State of Bihar 2001 (3) Jhr. C.R. 155 (Jhr.), the State of Bihar could not have passed the said order after bifurcation of States and at best it could send the records of the petitioner to the State of Jharkhand for taking a decision in the mailer. He further submitted that petitioner's appointment was not illegal.4. On 4.9.2002, the following interim order was passed.Counsels for the State of Bihar & Jharkhand are allowed four week's time to obtain instructions and file counter affidavit.Place the case for admission in usual course.The Jharkhand State authorities will not act on the letter dated- 4th July, 2002, if not yet acted upon but may pass independent order...
Tag this Judgment!Shri Bhagwan Yadav Vs. Union of India (Uoi), Represented by the Genera ...
Court: Jharkhand
Decided on: Jun-27-2007
Reported in: 2007(2)BLJR2432; [2007(3)JCR617(Jhr)]
R.K. Merathia, J.1. Heard the parties.2. This writ petition has been filed against the order dated 28.8.2006, passed by learned Additional District Judge in Misc. Appeal No. 21 of 1999 (Annexure-4) and the order dated 27.8.1999, passed by the Estate Officer, South Eastern Railway, Chakradharpur in Eviction Case No. 46 of 1996 (Annexure-2) under Public Premises (Unauthorized Occupants) Act, 1971 (the Act for short), for eviction of the petitioner from an area of 2115 sq. ft. used as 'Krishna Hotel'.3. Mr. V. Shivnath, learned senior counsel appearing for the petitioner, raised the first objection, that the proceeding was barred under constructive res judicata as the earlier proceeding was withdrawn and no leave was obtained for initiating the present proceeding.4. Mr. Mahesh Tiwary, appearing for the respondents, submitted that the present proceeding having been started, with the leave of the Estate Officer and with the consent of parties, is not barred by res judicata.5. The first obje...
Tag this Judgment!Nand Kishore Fogla Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-27-2007
Reported in: AIR2008Jhar1
ORDERNarendra Nath Tiwari, J.1. In this writ petition the petitioner has prayed for quashing the order dated 12-5-05 issued under the signature of the I.G. (Prison), Jharkhand, Ranchi (respondent No. 3) whereby the petitioner has been blacklisted on the ground that he is not able to make proper supply of the food materials and other articles to Khunti Sub-Jail. It has been contended that the impugned order has been issued without giving any prior notice or opportunity of hearing to the petitioner. It has been stated that the petitioner has been supplying the food materials and other articles in different Jails of Jharkhand since 1971 without any complain. The petitioner is completely blind and this is the only source of his livelihood. The petitioner has been supplying the food articles and other materials on being allotted the work after considering his bids and as per the decision of the Purchase Committee. However, the petitioner has been suddenly served with the impugned order blac...
Tag this Judgment!Bhuneshwar Prasad Vs. the State of Jharkhand and Mr. Rakesh and Compan ...
Court: Jharkhand
Decided on: Jun-26-2007
Reported in: I(2008)BC622
D.P. Singh, J.1. The present petition under Section 482 of the Cr.P.C. has been preferred by the petitioner Bhuneshwar Prasad against the order of Sri Deepak Baranwal, Judicial Magistrate, Dhanbad dated 16.8.2004 in Complaint Case No. 815 of 2004, by which cognizance against the petitioner for an offences under Section 138 of the Negotiable Instruments Act has been taken and further summoned him to face trial.2. The complainant M/s. Rakesh & Company through its Managing Partners Shri Satish Kumar Jaiswal, O.P No. 2 has appeared on notice and filed counter in this proceeding.3. According to the petitioner, the allegation that he issued a cheque in favour of the O.P. No. 2 which was finally dishonored is not correct. The petitioner has disputed certain facts regarding the issuance of the cheque, its presentation before the bank for payment and further regarding dues between the parties According to him blank cheques were issued in favour of O.P. No. 2 by the petitioner during usual cours...
Tag this Judgment!Bastacolla Colliery Co. Pvt. Ltd. and ors. Vs. Central Bank of India a ...
Court: Jharkhand
Decided on: Jun-26-2007
Reported in: [2007(4)JCR544(Jhr)]
D.G.R. Patnaik, J.1. This appeal Is directed against the judgment dated 27.11.1995 and its corresponding decree dated 7.12.1995 passed by the Sub-Ordinance Judge, 1st Dhanbad in Title Suit No. 42 of 1975, whereby the suit was decreed in part on contest with cost against the defendants 1 to 5 (appellants herein) for a sum of Rs. 2,62,926,25 paise with interest pendente lite and future till the realization.2. The suit before the learned Court below was filed by the respondent No. 1 /plaintiff namely, the Central Bank of India against the respondent No. 1 (defendant No. 1) Bastacolla Colliery, a private limited company and its directors for decree for realization of a sum of Rs. 13,91,670.68 paise which was claimed as outstanding dues, payable by the defendants to the plaintiff bank. The basis of such claim is that a current account was opened in the plaintiff-bank at Jharia Branch on 14th May, 1959 in the name of defendant No. 1 and cash credit/overdraft facilities were also allowed to t...
Tag this Judgment!Umesh Chandra Chaudhary Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-26-2007
Reported in: [2007(4)JCR628(Jhr)]
ORDERD.G.R. Patnaik, J.1. The petitioner in this application has prayed for quashing the entire criminal proceedings initiated against him pursuant to the order of cognizance dated 20.2.2002 which is presently pending in the Court of Sri Vijay Kumar Srivastava, Judicial Magistrate, 1st Class Dhanbad vide GR No. 2007 of 1992 arising out of Dhanbad P.S. Case No. 337 of 1992 for the offences under Sections 420/467/468/34 of the Indian Penal Code.2. The case was registered on the basis of a written report of the opposite party No. 2 at the police station. The allegations in the written report are that the informant was a Science Teacher in the DAV High School, Tasara (Pathardih) Dhanbad and he was authorised by the Head Master of the School to present at the Government Treasury Dhanbad, the bill for the amount of salary payable to the teachers of the School. He presented the bill at the Dhanbad Treasury by delivering the same to the preset petitioner who was then posted as an Assistant in ...
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