Jharkhand Court July 2007 Judgments
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Gorakh Sah and anr. Vs. Mrs. Saraswati Devi and anr.
Court: Jharkhand
Decided on: Jul-23-2007
Reported in: 2008ACJ2186; [2007(4)JCR230(Jhr)]
ORDER1. This appeal by the claimants-appellants is directed against the judgment and award dated 10th December, 2004 passed in Compensation Case No. 298 of 2000 whereby a sum of Rs. 1,50,000/- has been awarded by way of compensation for the death of 18 years young boy.2. Learned Counsel for the claimants-appellants submitted that sufficient evidence was led to the effect that the deceased was selling vegetables in the market and his monthly incomes was Rs. 3,000/-. In spite of that, the tribunal in absence of any documentary evidence has taken the notional income and assessed the compensation. Learned Counsel submitted that in no case, compensation amount should be less than Rs. three lacs.3. Mr. G.C. Jha, learned Counsel appearing for the respondent-Insurance Company, submitted that the tribunal has rightly taken the notional income for the purpose of determining the compensation.4. Although the tribunal took notice of the earning of the deceased at Rs. 3,000/- per month but held that...
Nag's Auto Testing Station Vs. the State of Jharkhand and Ors.
Court: Jharkhand
Decided on: Jul-20-2007
Reported in: AIR2008Jhar42; 2007(2)BLJR2897; [2007(3)JCR625(Jhr)]
Amareshwar Sahay, J.1. M. Karpaga Vinayagam, CJ. M/s. Nag Auto Testing Station is the petitioner herein. The petitioner is one of the testing stations, who has been authorized to grant certificate of fitness to motor vehicles under the license granted by the State under Section 56 of the Motor Vehicles Act, 1988. The State issued notification dated 10.9.2003, requiring the Authorized Testing Stations to obtain counter-signature from the Motor Vehicle Inspectors in the fitness certificates before issuing the same. Having aggrieved by the said compulsion of getting counter-signature from the Motor Vehicle Inspectors, the petitioner, the Authorized Testing Station, has filed this writ petition, challenging the validity of the said notification dated 10.9.2003, for quashing of the same.2. The basic facts, which are relevant for the disposal of the writ petition, are as follows:The writ petitioner is a private testing station. It has been granted license under Section 56 of the Motor Vehicl...
Dr. Basant Kumar Singh Vs. the State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Jul-20-2007
Reported in: 2008(56)BLJR888; [2008(116)FLR410]; [2007(4)JCR243(Jhr)]
D.G.R. Patnaik, J.1. Petitioner has prayed for issuance of a writ of mandamus against the respondents commanding them to give retrospective effect to the promotion of the petitioner to the post of Associate Professor in Neuro Surgery from the date the petitioner was awarded degree of M.Ch in Neuro Surgery i.e. from 1.12.1989 and further, to promote the petitioner to the post of Professor in Neuro Surgery taking into consideration the retrospective promotion of the petitioner to the post of Associate Professor and counting the teaching experience of the petitioner, from the date of retrospective promotion i.e. 1st December 1989 and likewise, for direction to the respondents to promote the petitioner to the post of Professor in Neuro Surgery with effect from 31.1.1994 i.e. the date on which the post of professor in Neuro Surgery fell vacant and to pay the salary of the retrospective post from those dates.2. An interlocutory application was filed by the petitioner on 13.09.2005 seeking pe...
Sita Ram Mahto Vs. Central Coalfields Ltd. and ors.
Court: Jharkhand
Decided on: Jul-20-2007
Reported in: [2007(4)JCR558(Jhr)]
ORDER1. LA. No. 1986 of 2007--Having heard the counsel for the parties, the delay of 9 days in filing the appeal is hereby condoned.2. I.A. No. 1986/2007 stands disposed of.I.P.A. No. 525 of 20062. The appellant-petitioner claiming him self to be disabled person, filed an application before the Company for appointment of his son by invoking Clause 9.4.0. of the NCWA-VI, which has been rejected on 6.9.2003. Challenging the same the appellant- petitioner filed the writ petition. The learned single Judge, dismissed the same as he cannot claim employment for the dependent in terms of Clause 9.4.0. of NCWA-VI as there is no loss of employment or service. This is the subject matter of challenge before this Court in this L.P.A.We have heard the counsel for the appellant as well as the respondent.3. Mr. V. Shivnath, learned senior counsel for the appellant contended that this is the fourth round of litigation. The appellant met with an accident and his left elbow has been amputated in the year...
Malti Devi and ors. Vs. Sri Umesh Rawani and ors.
Court: Jharkhand
Decided on: Jul-19-2007
Reported in: 2008ACJ2184; 2007(2)BLJR2919; [2007(4)JCR1113(Jhr)]
M.Y. Eqbal, J.1. The appellants who are the mother, widow and minor sons of the deceased have preferred this appeal for enhancement of compensation so awarded by Claims Tribunal, Hazaribagh in Claim Case No. 190/2002.2. The claimants/appellants filed application under Section 166 of the Motor Vehicle for compensation of Rs. 5,00,000/- on account of death of deceased late Prem Thakur who met with an accident on 5.10.2002 near Jarandih Colliery Office in Bokaro district. While the deceased was traveling as a passenger in a trekker, a Dumper bearing registration No. BHM-1872 coming in a very rash and negligent manner dashed the trekker. The deceased sustained grievous injuries and was taken to D.V.C. Hospital, Bokaro Thermal Power, where he died. The deceased was aged about 32 years and was employed in M/s Khana Body Builder in Hazaribagh. Claimants' case was that the deceased was earning Rs. 4500/- per month. The Tribunal in absence of any authentic documentary proof of the monthly earni...
Chitranjan Kumar and ors. Vs. Coal India Ltd. and ors.
Court: Jharkhand
Decided on: Jul-19-2007
Reported in: [2007(4)JCR34(Jhr)]
ORDERN.N. Tiwari, J.1. In this I.A., the petitioners have prayed for allowing them to appear provisionally in the examination for selection/promotion from Non-Executive to Executive cadre, which it has been said, is going to be held on 22nd July, 2007. It has been stated that the petitioners have filed the writ petition much before time, but the respondents themselves had taken time for filing counter affidavit. However, no counter affidavit has been filed till date. The respondents, in the meantime, are going to hold the said examination in question, in order to debar the petitioners from appearing in the said examination. If the said examination is held and the petitioners are not allowed to appear in the same, the purpose of the writ petition will be frustrated and the writ petition will become infructuous.2. Learned Counsel appearing on behalf of the respondents submitted that the petitioners are not eligible for the ensuing departmental examination for promotion to the Executive C...
Raj Kumar Singhania Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Jul-19-2007
Reported in: [2007(4)JCR232(Jhr)]
M.Y. Eqbal, J.1. In this writ application under Article 227 of the Constitution of India the petitioner has prayed for quashing the order dated 9.3.2007 passed by Commissioner of Income Tax, Hazaribagh under Section 127 of the Income Tax Act, 1961 (shortly the Act) whereby and where under the case of the petitioner has been transferred from the Income Tax Officer Ward 1 (2), Hazaribagh to Assistant Commissioner of Income Tax CC 3 New Delhi.2. Petitioner's case is that his main business is manufacturing and selling of cement under the name and style of 'Sheo Shakti Cement Industries' having its head office at Kolkata and factory at Demotand, Hazaribagh where the petitioner has to stay for looking after day to day business affairs. The petitioner is also the Managing Director of M/s. Orbit Industries Ltd. and M/s. Lido Commercial Company Ltd. having registered office at Kolkata and assets at Kolkata also. Petitioner's further case is that he has to look after his family business in Benga...
Ajay Munjal Memorial Trust and ors. Vs. Power Grid Corporation of Indi ...
Court: Jharkhand
Decided on: Jul-18-2007
Reported in: 2007(2)BLJR2422; [2007(4)JCR254(Jhr)]
Amareshwar Sahay, J.1. Heard Mr. Prasad, learned Counsel for the appellants and Mr. Singh, learned Senior counsel for the respondents.2. The writ petition, wherein, the prayer was made to command the respondents not to erect, commission electrical transmission line and Tower of 400 KVA on or above the land of the petitioner, without their consent, has been dismissed by the learned Single Judge holding as follows:In view of scheme of the Electricity Act, 1910, Electricity (Supply) Act, 1948, Electricity Act, 2003, the Rules of 2006 and Section 10 of the Telegraph Act, and the notifications dated 24/12/2003, it is clear that prior consent from the petitioners was/is not required.3. The learned Single Judge also took note of the facts that transmission project in question undertaken by the respondents is of national importance and the project will benefit a number of States including this State and that the project was nearing its completion.4. The learned Single Judge further noticed two...
Bandana Jha Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-18-2007
Reported in: 2008CriLJ320
Amareshwar Sahay, J.1. Heard learned Counsel for the parties. The prayer of the petitioner in this application is to quash the order dated 12.7.1999-taking cognizance for the offence under Sections 413 and 414 of the Indian Penal Code in connection Baragora (Barsol) P.S. Case No. 13 of 1998.2. An First Information Report was registered being Baragora (Barsol) P.S. Case No. 13 of 1998 at the instance of Mahesh Prasad Ranjan, Sub Inspector of Baragora (Barsol) P.S. It was alleged in the said first information that on 25.3.1998 at about 11 a.m. he got confidential information that one godown was being run by one Shivji Singh at Darisol for keeping petroleum products for the purpose of black marketing. On receipt of this information, he along with Block Supply Officer and one Magistrate with police force reached the godown of Shivji Singh, where he found two tankers bearing registration No. WMK 8332 filled with petrol and petrol was being removed through a pipe and being filled in a drum a...
Rites Ltd. Vs. Bank of India and ors.
Court: Jharkhand
Decided on: Jul-18-2007
Reported in: [2007(4)JCR307(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition, the petitioner has prayed for a direction on the respondent Nos. 1 to 3 to forthwith encash/release the total amount of Rs. 2 crores payable against five Bank Guarantees all dated 28.6.2005 in favour of the petitioner, either by remitting the said amount in the petitioner's Bank Account No. 106010200007160 of UTI Bank, Main Road, Ranchi or by issuing an account payee cheque in favour of the petitioner for the said sum, for which the petitioner requested the respondent Nos. 1 to 3 by various letters of different dates, but with no consequence.2. It has been stated that the petitioner is a Government Company, under the Ministry of Railway, Government of India.3. The Jharkhand State Electricity Board had invited a tender in the month of August, 2003 for the work of Rural Electrification on turn key basis in the State of Jharkhand. The petitioner participated in the said tender and was ultimately awarded the said contract by virtue of the agree...
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