Jharkhand Court August 2007 Judgments
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Court on Its Own Motion and Bhupendra Singh Anand and ors. Vs. State o ...
Court: Jharkhand
Decided on: Aug-27-2007
Reported in: [2008(2)JCR378(Jhr)]
ORDER1. As directed by this Court, in the meetings held on 17.1.2007 and 12.3.2007 under the chairmanship of Advocate General regarding compliance of the order passed by this Court on 4.12.2006 and after detailed and comprehensive discussion, various decisions have been taken and the following mutually agreeable formula has been arrived at:(1) The cubicle shops shall be provided in the rear portion of the building to the 47 vendors/shopkeepers who are doing their business in the ponds land under licence of R.M.C. The average area of the cubicle shops will be 20 square feet, which is on an average equivalent to or more than the preset area occupied by them.(2) Space for the 262 persons shall be provided in the halls constructed in the rear portion of the building with separate entry. The average space (area) provided to a vendor in the said hall will be 15 square feet (it may be more or less than 15 sq. ft. for a particular person depending on the fact whether his/her present occupancy ...
Dr. Dudh Nath Pandey Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Aug-25-2007
Reported in: 2007(2)BLJR2847; [2007(115)FLR884]; 2009(2)SLJ105(NULL)
M. Karpaga Vinayagam, C.J.1. The short facts leading to the filing of the letters patent appeal are as follows:(i) The appellant was the District Animal Husbandry Officer. He retired from Service on 30.06.2001.(ii) He is one of the accused in a fodder scam case, investigated by the C.B.I., namely, R.C. 47(A)/96.(iii) After investigation, chargesheet has been filed against the appellant. The case is still pending.(iv) After retirement, group insurance and G.P.F. amount has been paid. He has also been granted 90% of the pension.(v) In regard to the other retrial benefits, like Gratuity and leave encashment, the appellant filed a writ petition being W.P.(S) No. 635 of 2003.(vi) The learned Single Judge disposed of the said writ petition on 28.03.2003 directing the Secretary, Animal Husbandry to look into the matter and release the admitted retrial dues.(vii) In pursuance of the order, the Secretary, Department of Animal Husbandry passed an order on 06.06.2003 withholding the 10% pension, ...
Sarva Deo Singh and ors. Vs. Ramchandra Singh and anr.
Court: Jharkhand
Decided on: Aug-24-2007
Reported in: 2008(56)BLJR404; [2008(1)JCR535(Jhr)]
D.G.R. Patnaik, J.1. This second appeal filed by the defendant/appellant, is directed against the judgment dated 1.12.1990 and its corresponding decree dated 10.12.1990 passed by the 5th Additional Judicial Commissioner, Ranchi in Title Appeal No. 71/29 of 1987-1990, whereby he allowed the appeal filed by the plaintiff/respondent by reversing the judgment dated 25.7.1987 and decree dated 5.8.1987 passed by the Sub-Judge, 7th, Ranchi in Title Suit No. 248/39 of 1984-1987, dismissing the suit of the plaintiff. During the pendency of this appeal, the original appellant namely, Smt. Rima Devi having died, her legal heirs have been substituted. The suit as filed by the plaintiff was for specific performance of contract and for cancellation of the sale deed dated 11.1.1982 executed in favour of defendant No. 1.2. For better appreciation of the dispute and the questions raised for determination, a brief statement of the facts of the case may be recorded.According to the case of the plaintiff,...
Krishna Pandey and anr. Vs. Sheo Shankar Pandey and ors.
Court: Jharkhand
Decided on: Aug-24-2007
Reported in: [2008(1)JCR528(Jhr)]
ORDERM.Y. Eqbal, J.1. This application by the defendants-petitioners under Article 227 of the Constitution of India is directed against the order dated 5.2.2007 passed by Sub-Judge-II, Daltonganj at Palamu in Partition Suit No. 29 of 1997 whereby the prayer for amendment of the written statement has been rejected.2. Plaintiff-respondent No. 1 filed the aforementioned Partition Suit No. 29 of 1997 against the defendants for decree of 1/6th share in the suit property. The defendants contested the suit by filing written statement. After closure of the evidence, defendant Nos. 6 and 7 (petitioners herein) filed application purported to be under Order VI, Rule 17, CPC stating, inter alia, that due to bona fide mistake, some incorrect facts have been stated in para 3 of the written statement not supported with the documents. It was, therefore, necessary to incorporate the correct facts. The said prayer was rejected by the Court below.3. I have heard Mr. V. Shivnath, learned senior Counsel ap...
Dhanbad Motor Co. and anr. Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Aug-24-2007
Reported in: [2008(1)JCR529(Jhr)]
D.G.R. Patnaik, J.1. By this writ application, the petitioners have prayed for quashing the order dated 6.6.1995 passed by the respondent No. 3 vide Letter No. Patna 15 dated 6.6.1995 and for issuance of an appropriate writ order or direction to the respondent to allot to the petitioners the shop of an area of 856 sq. feet in front portion of the Jawan Bhawan on lease of 30 years as promised by them on 10.10.1981 at a meeting held between the petitioners and other shop keepers and confirmed by the Director himself by his letter dated 5.6.1991. The relief prayed for is based on the assertion of the petitioner that they had vacated their respective shop premises situated on the main road on the assurance that they would be allotted similar space and fully equipped shop with all basic amenities, facing the main road as soon as the respondent completes the construction of market complex known as the Jawan Bhavan and despite willingness of the petitioners to pay the stipulated rent @ Rs. 3/...
Ranjit Kumar Dokania Vs. Ranchi University and ors.
Court: Jharkhand
Decided on: Aug-23-2007
Reported in: 2008(56)BLJR898; [2008(1)JCR119(Jhr)]
M.Y. Eqbal, J.1. Heard Mr. M.S Anwar, learned senior counsel for the appellant, Mr. A.K Mehta, Mrs. Indrani Sen Choudhary, learned Counsel appearing for the University and also the learned Counsel appearing for the State.2. This letters patent appeal is directed against the order dated 29.8.2006 passed in WPC No. 2011 of 2004 whereby the learned Single Judge dismissed the writ petition as not maintainable on the ground that similar writ petition was filed by the petitioner being CWJC No. 3161 of 1999 and the same was disposed of judgment and order dated 13.6.2002. In the earlier writ application being CWJC No. 3161/2002, the petitioner sought relief for issuance of appropriate writ directing the respondents to publish the result of the petitioner of IVth year B.Sc. Engineering (Computer Science) Examination which was held in the year 1994. Petitioner's case was that he was admitted in Bihar Institute of Technology, Sindri, Dhanbad in B.Sc. Engineering (Computer Science) Course for the ...
Amit Raj Enterprises and ors. Vs. Uco Bank and ors.
Court: Jharkhand
Decided on: Aug-23-2007
Reported in: 2008(56)BLJR894; [2007(4)JCR501(Jhr)]
Amareshwar Sahay, J.1. Heard Mr. Kalyan Roy, learned Counsel appearing for the petitioners and Mr. Rajen Raj, learned Counsel appearing for the respondents UCO Bank and with their consent, this application is being disposed of at this stage itself.2. In this writ application the petitioners have challenged the notices, issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to SRFAESI Act) dated 02/08/2006 for Rs. 50 lacs and odd against petitioner No. 1, for Rs. 99 lacs and odd against petitioner No. 2, for Rs. 4,55,124/- against petitioner No. 3, for Rs. 1, 24, 729/- against petitioner No. 4, by the respondent Bank giving 60 days notice to the petitioners to pay the respective amounts of outstanding dues standing against them, failing which, coercive action by taking possession of the secured assets of the borrowers including the right transferred by way of lease, assignment or sale e...
Oriental Insurance Company Ltd. Vs. Mostt. Kaushalya Devi and ors.
Court: Jharkhand
Decided on: Aug-23-2007
Reported in: [2007(4)JCR648(Jhr)]
ORDER1. Delay in filing the appeal is condoned.Heard the learned Counsel for the appellant.2. This appeal has been filed by the appellant Insurance Company against the judgment and award dated 6.3.2006 passed by the Motor Vehicle Accident Claims Tribunal, Godda, in the Title Claim Case No, 8 of 2004/10 of 2005, whereby he has awarded a total compensation of Rs. 1,29,000/- (rupees one lakh and twenty- nine thousand) for the death of the deceased caused in a motor vehicle accident.3. The admitted facts of the case are that the deceased was going on his bicycle from Lalmatia to Bhagalpur for the purpose of selling coal. On the way, the deceased was dashed by a tractor bearing registration No. BR-1 IB 4556, as a result of which the deceased died on the spot. The insurance of the vehicle was not disputed by the appellant. Taking into consideration the annual earning of the deceased being Rs. 18,000/- the tribunal has awarded the aforesaid amount of compensation.4. The appellant Insurance Co...
Commissioner of Income Tax Vs. Secretary, Zila Parishad
Court: Jharkhand
Decided on: Aug-22-2007
Reported in: 2008(56)BLJR442; [2007(4)JCR639(Jhr)]
1. By this Reference under Section 256(1) of the Income Tax Act, 1961, the following question of law was referred to this Court:Whether on the facts and circumstances of the case the Hon'ble Tribunal has correctly interpreted the provisions of Section 206 of IT Act with regard to the requirements of preparation and filing of statements prior to amendment and after the amendment (Amendment was brought about by Finance (No. 2) Act, 1991 w.e.f 27.9.91 thereby cancelling the penalty of Rs. 30,400 levied Under Section 272A(2).2. The facts of the case in brief are that the assessee is a Secretary of Zila Parishad. He was called upon to pay a penalty of Rs. 30,400/- under Section 272A(2) in failure to file form No. 26C. This form was to be filed by a person who is deducting the tax at source before payment to the contractors and sub-contractors. Admittedly taxes were adequately deducted and deposited in. time within the Government Treasury. The stand of the appellant in the show cause was tha...
Shankar Kumar Vs. State of Jharkhand,
Court: Jharkhand
Decided on: Aug-21-2007
Reported in: [2008(1)JCR107(Jhr)]
Ramesh Kumar Merathia, J.1. Heard the parties finally.2. Mr. A. Allam, learned Counsel appearing for the petitioner submitted as follows. The petitioner is entitled to compassionate appointment in place of his father late Basant Prasad who died on 15.9.2004. No decision has been taken by the respondents pursuant to the order passed by this Court in W.P. (S) No. 1890 of 2006 on 22.6.2006 filed by the petitioner for the selfsame relief. It is true that when the petitioner's father died, he was not confirmed, but similarly situated persons moved this Court and order was passed for their confirmation and the same was confirmed up to the Supreme Court which will appear from the order of the Supreme Court dated 6.3.2006 (Annexure 12). One Sarita Devi, who was also similarly situated, has been given compassionate appointment The appointments made by the Joint Commissioner, Commercial Taxes were found to be valid by a committee in its report.3. Mr. K.K. Jhunjhunwala learned G.P.III appearing f...
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