Jharkhand Court July 2007 Judgments
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Food Corporation of India and anr. Vs. Bhagwan Das Sao and anr.
Court: Jharkhand
Decided on: Jul-27-2007
Reported in: [2007(4)JCR325(Jhr)]
D.G.R. Patnaik, J.1. The appellant Food Corporation of India has filed this appeal against the judgment dated 20.1.1998 and its corresponding decree dated 7.2.1998 passed by the learned Subordinate Judge, Chaibasa in Money Suit No. 9 of 1993 whereby the suit of the plaintiff/respondent was decreed in favour of the plaintiff respondent.2. The suit was filed by the plaintiff/respondent against the present appellant for realization of a sum of Rs. 2,73,476/-together with interest pendente lite. The case of the plaintiff is that the plaintiff was engaged as a transport contractor for transportation of food grains from the Rail head to different godowns situated at Chakradharpur. The defendent No. 2, namely, the Food Corporation of India appellant represented by its Senior Regional Manager was the principal employer of the plaintiff for the purpose of the employees provident fund and other schemes. Prior to the allotment of the contract to the plaintiff, a tender was floated by the defendan...
Mihir Chandra Pandey Vs. Chandi Charan Pandey and ors.
Court: Jharkhand
Decided on: Jul-27-2007
Reported in: AIR2008Jhar26; [2007(4)JCR248(Jhr)]
D.G.R. Patnaik, J.1. This appeal filed by the appellant is against the common judgment dated 8.9.2000 passed by the Sub-Judge II, Chas in Title (Partition) Suit No. 36 of 1996 and Title (Eviction) Suit No. 23-A of 1996 and Title (Eviction) Suit No. 23-B of 1996.The two title suits for eviction vide Title (Eviction) Suit No. 23-A of 1996 and 23-B of 1996 was filed by the respondent No. 1, Chandi Charan Pandey, against the present appellant Mihir Chandra Pandey and against Gyanda Pandey, (respondent No. 3) herein, for their eviction from the premises mentioned in the Schedule to the plaints.Title Suit 36 of 1996 was filed by the appellant Mihir Chandra Pandey against the respondents for partition seeking 1/4th share in the suit properties.2. Facts of the case pertaining to Title Suit No. 36 of 1996 are as follows:The suit for partition was filed by the present plaintiff/appellant against the respondents who are brothers, seeking partition of the purported joint family property mentioned ...
Nanho Lohar Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jul-26-2007
Reported in: [2008(1)JCR81(Jhr)]
1. The present Cr. Appeal is directed against the judgment and order of sentence passed by the VIth Addl. Judicial Commissioner, Ranchi in S.T. No. 633 of 1994 on 19.7.2000 whereby and whereunder the appellant Nanho Lohar was convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.2. The prosecution story, as it stands narrated in the fardbeyan of the informant, Basanti Devi on 13.11.1993, was that her son Pramod Lohar (since deceased) aged about 17/18 years was a dumper driver in A.C.A. Company. It was alleged that on 12.11.1993 at about 12 O'Clock in the night while he was returning from his duty and was passing through the village lane, opposite the house of Nanho Lohar (appellant) he was held by him on account of old enmity and was dragged inside his house. It was further alleged that the appellant inflicted several blows with the dagger and the grinding stone on the head and other parts of his body. On alarm, several villagers l...
Lakhan Kachhap and anr. Vs. the Divisional Manager, National Insurance ...
Court: Jharkhand
Decided on: Jul-26-2007
Reported in: [2008(1)JCR75(Jhr)]
ORDER1. Heard learned Counsel for the appellants and learned Counsel for the respondent-Insurance Company.2. This appeal is directed against the judgment and Award dated 18th November, 2006 passed by the Motor Vehicle Accident Claims Tribunal, Ranchi in Compensation Case No. 50 of 2004, whereby he, has awarded compensation of Rs. 1,62,000/- for the death of the deceased in a motor vehicle accident.3. The appellants have preferred this appeal for enhancement of compensation and also aggrieved by that part of the order whereby the tribunal refused to allow interest on the compensation amount.4. So far as the quantum of compensation is concerned, although some oral evidence was led by the claimants that the deceased was earning Rs. 100/- per day as labourer, but the tribunal having been not satisfied with the reliability of the evidence, has proceeded to determine the compensation amount by taking notional income. In our opinion also, the evidence with regard to the earning of the decease...
General Manager, Kustore Area of Bccl and ors. Vs. Smt. Dukhani Manjhi ...
Court: Jharkhand
Decided on: Jul-26-2007
Reported in: 2009ACJ192; [2009(116)FLR770]; [2008(1)JCR97(Jhr)]
M.Y. Eqbal, J.1. This appeal filed by the appellant M/s. Bharat Coking Coal Limited under Section 30 of the Workmen's Compensation Act, 1923 is directed against the order dated 30.9.2002 passed by the Commissioner. Workmen's Compensation, Dhanbad in W.C. Case No. 21/2002 (C) whereby he has allowed the claim of claimant-respondent No. 1 and awarded compensation of Rs. 81,525/- for the death of the workman.2. The facts of the case lie in a narrow compass:Husband of claimant/respondent No. 1 namely, Sukhu Manjhi was a workman working as Miner/Loader at Hurriladih Colliery. In course of his employment he met with an accident on 9.9.1989 and sustained injuries. He was referred to the Central Hospital, Dhanbad for his treatment and later on referred to Christian Medical College, Vellore for further treatment. After receiving treatment, the workman returned to Dhanbad and as he was not performing his normal duties, he was referred to Medical Board and finally he was declared unfit on 10.10.19...
Satya Narayan Choudhary Vs. Central Coalfields Limited (a Subsidiary o ...
Court: Jharkhand
Decided on: Jul-26-2007
Reported in: [2009(1)JCR654(Jhr)]
M. Karpaga Vinayagam, C.J.1. Refusal to show compassion on the part of the employer for giving compassionate appointment to the petitioner, the son of the deceased employee, has driven the petitioner to file this writ petition, seeking for compassionate appointment.2. Ramautar Chaudhary, the father of the petitioner was a permanent employee of Central Coalfields Limited, holding the post of Security Sub Inspector, Religara Colliery. He died on 2.8.1999. After the death of her husband, the petitioner's mother made an application on 10.04.2000 to the Project Officer of the Company for appointment of her son, the petitioner herein on compassionate ground, under Clause 9.3.2 of NCWA V (National Coal Wage Agreement - V). The said application was rejected by the authority of the respondent company on 09.05.2006 on the ground that the application for compassionate appointment was not made within the period of time fixed. Challenging the same, Satya Narayan Choudhary, the son of the deceased, ...
Mahadeo Sharma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-25-2007
Reported in: [2007(4)JCR549(Jhr)]
ORDERR.K. Merathia, J.1. It is true that earlier the writ petition filed on behalf of the petitioner was dismissed for default and the restoration application was also dismissed on the ground of limitation. Since it was not decided on merits, I am inclined to entertain this writ petition.2. Mr. B.K. Prasad, appearing for the petitioner, with reference to the supplementary affidavit filed on 23.7.2007 submitted that according to the knowledge of the deponent, respondents No. 8. and 14 died and, therefore, their names may be omitted from the cause title of the writ petition. Let it be so done.3. The petitioner has challenged that part of the order dated 11.12.1998 passed by the Additional Collector, Hazaribagh in Mutation Revision No. 10 of 1996 by which he remanded the matter to the Sub-Divisional Officer, Barhi to ascertain who is the actual Shebait of the temple in question.Mr. Prasad submitted that the revenue authority cannot decide such question.4. A dispute was raised by respondea...
K.i.C. Metaliks Ltd. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-24-2007
Reported in: [2007(4)JCR153(Jhr)]; (2007)10VST579(Jharkh)
ORDER1. Heard the counsel for the parties.2. In this writ application the petitioner seeks direction upon the respondents to refund a sum of Rs. 81,75000/- to the petitioner which was deposited by it by way of entry tax under protest between the period 30.7.2003 to 17.3.2004 together with interest. The said entry tax was deposited under the provisions of The Bihar Taxes on Entry of Goods into Local Areas (for Consumption, Use or Sale Therein) Act, 1993.3. The petitioner challenged the vires of the aforesaid Act by filing WPT No. 2937/2003. The writ petition was listed before II Division Bench and it was admitted on 9.7.2003. By order dated 4.8.2003 the Division Bench ordered that payment of tax, if any, made by the petitioner shall be subject to result of the writ petition. The writ petition was finally heard by the Division Bench of this Court and judgment was delivered on 23.8.2006 whereby Section 3 of the said Act including the amendment made therein was declared ultra vires and it ...
Baijnath Ram and anr. Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Jul-24-2007
Reported in: [2007(4)JCR555(Jhr)]
D.G.R. Patnaik, J.1. This writ petition has been field by the petitioners seeking appropriate orders for quashing of the order dated 2.12.1994 passed by the Additional Member, Board of Revenue, in Revision case No. 426 of 1993 whereby the Revision Application filed by the petitioners against the order dated 6.4.1993 passed by the Additional Collector, Garhwa in C.S. No. 3 of 1991-92 was dismissed. Petitioners have prayed for quashing the order dated 30.7.1993 of the Addl. Collector also whereby the order passed by the Dy. Collector Land Reforms, Garhwa dismissing the pre-emption application of the respondent No. 5 was set aside.2. The facts of the case, briefly stated, is that the disputed lands originally belonged to respondent No. 6. By a registered sale deed executed on 12.12.1990 and registered on 24.5.1991, he had sold the land to petitioner No. 1. Subsequently, the petitioner No. 1 by virtue of two separate sale deeds executed on 8.2.1991, had sold the portion of the disputed lan...
Bihar Rubber Company Ltd. Vs. Employees State Insurance Corporation an ...
Court: Jharkhand
Decided on: Jul-23-2007
Reported in: [2007(115)FLR497]; [2007(4)JCR163(Jhr)]; (2008)ILLJ426Jhar
R.K. Merathia, J.1. In this writ petition, petitioner has prayed for quashing the order dated 30.11.1998, passed by respondent No. 3 directing it to pay the contribution under the Employees' State Insurance Act, 1948 (hereinafter referred to as the Act) for the period 1.7.1987 to 31.3.1989 and interest thereon.2. The only question involved in this writ petition is whether the employees employed by the other units, doing the job work of the petitioner, were covered under Section 2(9) of the said Act.3. Petitioner's case, in short, is as follows. It is a limited Company. It is engaged in manufacturing rainwear, air pillow, rubber canvas foot wear etc. in its small scale industrial unit. It is covered under the provisions of the Act. Petitioner offloads various works on piece rate basis to other units for stitching button hole fixing, taping, pasting, moulding mixing etc. The charges paid against such job work include the cost of job work and profit of the units who execute such job order...
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