Jharkhand Court August 2007 Judgments
U.P. Singh Vs. the Union of India (Uoi) Through the Secretary, Ministr ...
Court: Jharkhand
Decided on: Aug-31-2007
Reported in: [2008(1)JCR376(Jhr)]
R.K. Merathia, J. 1. By Court Petitioner has challenged the order dated 7.12.2002, passed by the Deputy Inspector General, CISF Unit, CCL Kargali, District-Bokaro (respondent No. 4) dismissing him from service and the order dated 13.5.2003, passed in the appeal by the Inspector General, CISF, Eastern Zone, Patna (respondent No. 3), dismissing the appeal and also the order dated 26.11.2003, passed by the Director General, CISF (respondent No. 2), whereby only his punishment was reduced.2. A departmental proceeding was initiated against the petitioner on seven charges. The Enquiry Officer found charges No. 1, II and VII to have been proved. Charge No. III, IV, V and VI were not found proved but the disciplinary authority disagreed with such finding of the Enquiry Officer and issued a show cause notice to the petitioner. Ultimately finding him guilty of all the charges, order of dismissal was passed on 7.12.2002. The appellate authority dismissed the appeal. The Revisional authority howev...
Tag this Judgment!Tata Iron and Steel Company Ltd. Vs. the State of Bihar (Now Jharkhand ...
Court: Jharkhand
Decided on: Aug-31-2007
Reported in: 2008(56)BLJR652
D.G.R. Patnaik, J.1. In this writ application, the petitioner has prayed for a writ or order in the nature of mandamus commanding upon the Respondents not to make settlement of any land in any manner with any person which is within the lease hold area of 13007 Bighas of the petitioner as mentioned and described in the indenture dated 1st March, 1946 and as accepted by the State of Bihar by indenture dated 29th March, 1973 and for a further writ of mandamus commanding upon the Respondents not to pass any order with regard to any claim made by any person in respect of any surface land in lease hold area of the petitioner with an additional direction to the Respondents to refrain from interfering in any manner directly or indirectly with the possession of the petitioner over the lease hold land.2. The case of the petitioner is that the then Maharaja Kamakhya Narayan Singh, Raja of Ramgarh being the proprietor of villages Durukasmar, Banji, Parej, Pundi, Barughuttu, Kedla, Parsabera and Du...
Tag this Judgment!Bihar Air Products Ltd. Vs. Asiatic Oxyzen Ltd.
Court: Jharkhand
Decided on: Aug-31-2007
Reported in: [2008(1)JCR154(Jhr)]
D.G.R. Patnaik, J.1. This appeal filed by the plaintiff-appellant is against the judgment dated 03.06.1999 and its corresponding decree dated 19.06.1999 passed in Money Suit No. 3 of 1994 by the Sub-Judge III, Saraikella, whereby the plaintiff-appellant's suit was dismissed on contest with cost. The plaintiff-appellant had filed the suit for a Money decree of Rs. 6,32,107.75 Paise together with interest against the defendant and also for a direction to the defendant to handover to the plaintiff 252 Argon Gas ' Cylinders in good condition.2. The case of the plaintiff is that it is a manufacturer of industrial gases and it is also a distributor of the products of the Gujarat State Fertilizer Corporation, who is producing Argon Gas and the same is supplied to the plaintiff. The defendant-company has been taking supplies of Argon Gas from the plaintiff-Company for the purpose of sale to its customers. The supplies used to be taken by the defendant Company from the plaintiff's industrial pr...
Tag this Judgment!Arun Kumar Mishra Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-30-2007
Reported in: [2007(4)JCR12(Jhr)]
ORDERN.N. Tewari, J.1. The petitioner has prayed for quashing the letter issued by the District Superintendent of Education, Hazaribagh by his Memo No. 3125 dated 14.10.2006 (Annexure 7), terminating the services of the petitioner and directing prosecution against him for suppressing facts at the time of appointment. The petitioner has also prayed for a direction for his reinstatement with all consequential benefits including full back salary.2. According to the petitioner, he had passed his Senior Secondary Examination in 1990 and I.Com in 1992 in 1st Division. He thereafter Graduated in commerce with Hons. In 1996. The petitioner then took admission in B.Ed. course in Lalit Narayan Mithila University, Darbhanga and completed the session of the course in May 2002. However, the University delayed the final B.Ed. examination.3. While the petitioner was waiting for appearing in final B.Ed. Examination, the Jharkhand Public Service Commission (hereinafter referred to as 'J.P.S.C' for shor...
Tag this Judgment!Bhola Ram Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-30-2007
Reported in: [2008(1)JCR159(Jhr)]
Narendra Nath Tiwari, J.1. In this writ petition the petitioner has prayed for quashing the notification as contained in Memo No. A/Note-Legal-76/2003-888/J, Ranchi dated 16.4.2007 (Annexure-5) whereby the petitioner's application for renewal of certificate to practice as a Notary, has been rejected by the respondent No. 2 and the petitioner has been perpetually debarred from practising as a Notary.2. the petitioner is a legal practitioner in Giridih District Court and was appointed as a Notary under the provisions of the Notaries Act, 1952 (hereinafter referred to as 'the said Act') by notification dated 26.4.97 issued by the Law Department, Government of Bihar (Annexure-1).3. After expiry of the said period, the certificate for practicing as Notary was further renewed.4. The petitioner has claimed that he had been discharging his duties as a Notary properly and there was nothing adverse against him since April 1997.5. For the first time, notice to show cause dated 13.9.06 was issued ...
Tag this Judgment!Shiv Charan Hansda Vs. the State of Jharkhand Through the Secretary, H ...
Court: Jharkhand
Decided on: Aug-30-2007
Reported in: 2008(56)BLJR699
Narendra Nath Tiwari, J.1. In this appeal the appellant has challenged the order dated 25.4.06 passed by the learned Single Judge in W.P(S) No. 6275/05.2. The appellant's case is that he was initially appointed as an Assistant Teacher in Kanhaidih Mission Primary School, a Government aided minority school in the district of Dumka, in 1988. He had been discharging his duties as such regularly since then. The said school had sent proposal to the concerned authorities for approval of his services, but the same was kept pending by the concerned authorities. The appellant-petitioner was not paid his salary on the ground that he was not validly appointed and was not Trained.3. The appellant had approached this Court in W.P(S) No. 6124/04. The said case was disposed of by order dated 23.11.04 giving liberty to the petitioner to represent before the Regional Deputy Director of Education, Santhal Paargana Division, Dumka for granting fresh permission to appear in the Teachers' Training Examinat...
Tag this Judgment!Shiv Charan Hansda Vs. State of Jharkhand Through the Secretary of R.D ...
Court: Jharkhand
Decided on: Aug-30-2007
Reported in: [2007(4)JCR493(Jhr)]
Narendra Nath Tiwari, J.1. In this appeal the appellant has challenged the order dated 25.4.2006 passed by the learned single Judge in WP (S) No. 6275/05. [See ].2. The appellant's case is that he was initially appointed as an Assistant Teacher in Kanhaidih Mission Primary School, a Government aided minority school in the district of Dumka, in 1988. He had been discharging his duties as such regularly since then. The said school had sent proposal to the concerned authorities for approval of his services, but the same was kept pending by the concerned authorities. The appellant-petitioner was not paid his salary on the ground that he was not validly appointed and was not trained.3. The appellant had approached this Court in WP(S) No. 6124/04. The said case was disposed of by order dated 23.11.2004 giving liberty to the petitioner to represent before the Regional Deputy Director of Education, Santhal Paargana Division, Dumka for granting fresh permission to appear in the Teachers' Traini...
Tag this Judgment!In Re: Indo Australian Hose Manufacturing Private Ltd. and ors.
Court: Jharkhand
Decided on: Aug-30-2007
Reported in: [2008(1)JCR172(Jhr)]; [2008]84SCL68(Jhar)
ORDERR.K. Merathia, J.1. Counsel for the petitioners is permitted to correct the paragraph number in course of the day.2. This Company Petition has been filed jointly on behalf of Indo Australian Hose ., Taudan Auto Components Pvt. Ltd. and Taurus Esdan Hydraulics Pvt. Ltd. under Sections 391(1) and 393 of the Companies Act, 1956 for Amalgamation/Merger of the Taudan Auto Components Private Limited and Taurus Esdan Hydrulics Pvt. Ltd. Into to the Indo Australian Hose .3. A scheme of amalgamation has been set out in paragraph 31 at page 35 of the petition. A joint meeting of the shareholder of all the companies was held and report was submitted. The notices were sent to the Regional Director, Eastern Region, Ministry of Company Affairs, Kolkata, Registrar of Companies, Bihar, Patna/Jharkhand and the Official Liquidator, who have got no objection to approval of the same.4. Considering the report of the Regional Director, Eastern Region, Ministry of Company Affairs, Kolkata, the order in ...
Tag this Judgment!Oil India Ltd. Vs. Neil Rose and ors.
Court: Jharkhand
Decided on: Aug-30-2007
Reported in: [2008(4)JCR34(Jhr)]; 2008(2)AIRKarR313(FB)(Gau); 2008AIHC1124(Gau)(FB)
D. Biswas, J.1. The question referred to this Court for answer by the learned single Judge vide order dated 10.6.2005 reads as follows :Whether an appeal under Section 173 of the Motor Vehicles Act, 1988, without the statutory deposit but otherwise filed in time, can be entertained if such deposit is eventually made beyond the period of limitation without the delay being condoned by the Court2. We have heard Mr. S.N. Sarma, learned Counsel for the appellant and Mr. M. Bhuyan, learned Counsel for the respondents.M.A.C. Appeal No. 38 of 2005 has been preferred against the award dated 15.10.2004 passed by the Motor Accident Claims Tribunal, Kamrup in M.A.C. Case No. 809/1995 directing the appellant to pay an amount of Rs. 2,00,000/- as compensation for accidental death of Smt. Julima Rose involving a bus pressed into service by the appellant on hire.3. Being aggrieved thereby, the appellant has preferred M.A.C. Appeal No. 38 of 2005 controverting the legality and propriety of the judgment...
Tag this Judgment!St. Thomas School Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-28-2007
Reported in: 2008(56)BLJR446; [2007(4)JCR482(Jhr)]
Amareshwar Sahay, J.1. Since the question raised in all the writ applications are same and similar and, as such, all the writ applications were taken up together and are being disposed of by this common order with the consent of the parties.2. According to the petitioners, all the petitioners of the writ applications are the private minority schools situated in and around Ranchi town, which are registered under the Society Registration Act and are recognized and affiliated to Indian Certificate School Education (ICSE), Delhi and they are engaged in imparting education up to Class-XII.3. The points raised by the petitioners in all the writ applications are very short. Their grievances are that Jharkhand Education Tribunal by its order as contained in Annexure-1 to the writ applications dated 24/04/2007 has stayed the increase of educational fees and Bus fare by the private schools running in the District of Ranchi and by the same order a Committee to examine the necessity for increasing...
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