Jharkhand Court August 2007 Judgments
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Ranchi Club Ltd. Vs. Chief Commissioner of Central Excise and Service ...
Court: Jharkhand
Decided on: Aug-13-2007
Reported in: [2007(4)JCR185(Jhr)]
ORDER1. This writ application has been preferred by Ranchi Club Ltd. for declaration that the said club should be exempted to pay any service tax under 'Mandap Keeper's Services' head of account to the respondents, Central Excise Division, Ranchi. It has further been prayed that the respondents may be restrained from enforcing any of the provisions of Service Tax Act i.e. Chapter-V of the Finance Act, 1994.2. Admitted facts on record are as following:Ranchi Club Limited is a registered company under the provisions of Section 25 of the Companies Act, 1956, to serve its members as a registered society since long. According to the petitioner the club has been formed on the basis of membership along with relationship with individual members based on doctrine of mutuality. It is further admitted fact on record that with the amended provisions of Finance Act, 1994 Mandap Keeper's Service has been placed under taxation nets and accordingly the respondents noticed the petitioner to get it regi...
Divisional Manager, National Insurance Co. Ltd. Vs. Bijay Kumar Sinha ...
Court: Jharkhand
Decided on: Aug-13-2007
Reported in: [2007(4)JCR129(Jhr)]
M.Y. Eqbal, J.1. This appeal by the appellant- Insurance Company Ltd. is directed against the judgment and award dated 29th April, 2003 passed by Motor Vehicles Accident Claims Tribunal, Hazaribagh in Claim Case No. 148 of 1991 whereby he has awarded a sum of Rs. 1,00000/- to the claimants by way of compensation for the death of one Jai Shankar Sinha in a motor vehicle accident.2. The facts of the case lie in a narrow compass:The deceased, Jai Shankar Sinha was aged about 17 years at the time of death. On 14.3.1991 the deceased was traveling in a trekker bearing registration No. BEM 9219. When the said trekker reached near Thermal Power Road No. 3, New Market, PTPS in the district of Hazaribagh, a truck bearing registration No. BEM 9973 being driven rashly and negligently, all of a sudden, came in high speed and dashed the said trekker as a result of which the deceased received serious injury and ultimately died on the way t o the hospital. In respect of the said accident a case being ...
Sonia Devi and Gandori Mahto Vs. Sanjit Kumar and ors.
Court: Jharkhand
Decided on: Aug-13-2007
Reported in: 2008ACJ2607; [2007(4)JCR637(Jhr)]
M.Y. Eqbal, J.1. This appeal by the claimants-appellants is directed against the judgment and award dated 13.8.2004 passed by the Additional Motor Vehicles Accident Claims Tribunal, Dhanbad in Title (MV) Suit No. 03 of 2001 whereby he has dismissed the case holding that the claimants are not entitled to compensation.2. The facts of the case lie in a narrow compass:The deceased, Yadu Mahto, and his wife Smt. Pemia Devi, were travelling on a maxi taxi and they were going to Topchanchi from Singhdih. As soon as the maxi taxi reached near Satkira village, it dashed with a truck bearing Registration No. WB-41-6275, as a result of which, both the husband and the wife died on the spot.3. The claimants-appellants filed two claim applications for grant of compensation - one for the death of their son Yadu Mahto and, another for the death of their daughter-in-law Smt. Pemia Devi. The claim cases were contested by the respondents. The Tribunal, after hearing the parties, allowed the claim applica...
National Insurance Company Ltd. Vs. Shiv Shankar Singh and ors.
Court: Jharkhand
Decided on: Aug-13-2007
Reported in: [2007(4)JCR535(Jhr)]
ORDER1. Both the appeals arising out of common judgment and award by 1st Additional District Judge-cum-M.V. Act, Jamshedpur in Compensation Case No. 77 of 1992 on 19.4.2004 have been taken up together with consent of the parties.2. Brief facts leading to these appeals are that one Jyotirmoy Choudhary met with an accident on 13.6.1992 on NH 33 while he was driving his ambassador car bearing registration No. BHN 5414 then Truck bearing registration No. WGB 5229 coming from opposite side in high speed dashed the car. The said truck was insured by the appellant in M.A. No. 192 of 2004. The National Insurance Company Limited, Midnapur, West Bengal. The appellant in M.A. No. 167 of 2004 Jyotirmoy Choudhary had to undergo a prolonged treatment for the grievous injuries including various fracture on his body. The treatment is still continuing for which the appellant in M.A. No. 167 of 2004 had to incur heavy expenses detailed in the claim petition and present memorandum of appeal.3. The factum...
Anil Kumar Mishra Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Aug-10-2007
Reported in: [2007(4)JCR146(Jhr)]
Ramesh Kumar Merathia, J.1. In this writ petition, the petitioner has challenged the order dated 30.9.1997 passed by the Inspector General, Central Industrial Security Force, Patna (respondent No. 2) as contained in Annexure-6 rejecting the revision petition of the petitioner and upholding the order dated 3.6.1996 contained in An-nexure-5 passed by the Deputy Inspector, Central Industrial Security Force, Bokaro Steel Plant, Bokaro Steel City (respondent No. 3) whereby the said appellate authority affirmed the order dated 19.2.1996 as contained in Annexure-4 passed by the Commandant/ADM, Central Industrial Security Force, Bokaro Steel Plant, Bokaro Steel City (respondent No. 4) dismissing the petitioner from service.2. Mr. R.S. Mazumdar, appearing for the petitioner, submitted that the said orders have been passed without taking into consideration the evidence on the record. He further submitted that the complainant himself did not identify the petitioner and, therefore, the order of di...
Smt. Kusum Bhuwania Vs. Vijendra Kumar Goel
Court: Jharkhand
Decided on: Aug-10-2007
Reported in: [2007(4)JCR158(Jhr)]
D.G.R. Patnaik, J.1. Plaintiff / appellant has filed the instant appeal against the judgment dated 17.1.1998 and its corresponding Decree dated 4.2.1998 passed in Title Suit No. 19 of 1990 by the Sub Judge-I, Koderma, whereby the suit, as filed by the plaintiff, was dismissed on contest.2. The suit as filed by the plaintiff was for a declaration that the contract dated 25.3.1985 for the sale of Schedule 'A' land mentioned in the plaint, to the plaintiff by the defendant, was still subsisting and the defendant was bound by the said contract to execute and register the sale deed in respect of the suit land in favour of the plaintiff. A further prayer was made for restraining the defendant from transferring the suit land to any of the person except the plaintiff by either sale or mortgage or any other.The case of the plaintiff is that on 25.3.1985 the defendant had entered into a written agreement with the plaintiff agreeing to sell 47 decimals of land described in the Schedule 'A' of the...
Smt. Phulmati Devi Vs. Mostt. Jiwasia Devi and ors.
Court: Jharkhand
Decided on: Aug-10-2007
Reported in: 2008(56)BLJR324; [2007(4)JCR176(Jhr)]
D.G.R. Patnaik, J.1. The appellant in this appeal is the plaintiff in the original suit. She alongwith defendant nos. 1, 2 and 3 are the legal heirs of the common ancestor, Buddhu Dusadh. The Respondent no. 5 is the son of the defendant no. 2. The plaintiff filed the suit before the court below for partition of the properties described in Scheduled-'A' and Schedule-'B' of the plaint claiming one-fourth share in the same besides mesne profits of the suit properties. The Suit, registered as Partition Suit No. 37 of 1993 in the court of the Sub-Judge, Ranchi was dismissed on contest vide judgment dated 25.09.1996. The instant appeal by the plaintiff has been filed against the aforesaid impugned judgment and its corresponding decree.According to the plaintiff, the lands recorded in Revisional Survey Khata No. 147, was originally recorded in the name of' the plaintiff's father Buddhu Dusadh and his brother Nanka Dusadh. The lands were partitioned between the two brothers, and thereafter eac...
State of Bihar (Now Jharkhand) Vs. Arun Kumar Saraff and Smt. Sukmini ...
Court: Jharkhand
Decided on: Aug-10-2007
Reported in: [2007(4)JCR148(Jhr)]
D.G.R. Patnaik, J.1. Both these appeals are directed against the common judgment dated 23.4.1998 and its corresponding award dated 25.5.1998 passed by the Land Acquisition Judge, Koderma in Land Reference Case Nos. 10 of 1998 and 11 of 1998.2. By the impugned judgment, the Land Acquisition Judge has awarded the compensation to the claimant/respondent for acquisition of their lands at the rate of Rs. 2461.53 per decimal besides solatium at the rate of 30% and further 12% in addition to the market value of the land acquired.3. By notification No. 169 dated 18.3.1982 published in the Bihar Gazette on 1.4.1982 under Section 4(1) of the Land Acquisition Act, land measuring 12 decimals within Khata No. 15 plot No. 1937 of village Asna within P.S. Koderma, belonging to the, applicant/respondent Rukmini Saraff, was sought to be acquired by the Government for the purposes of construction of Koderma Bye-pass National Highway. Likewise, by the same notification, land measuring 22 decimals within ...
State of Bihar, Through the Deputy Commissioner Vs. Dr. Durga Bhagat
Court: Jharkhand
Decided on: Aug-10-2007
Reported in: [2008(1)JCR293(Jhr)]
D.G.R. Patnaik, J. 1. This appeal by the defendant appellant has been filed against the judgment dated 22.12.1995 and the corresponding decree dated 11.1.1996 passed by the Sub judge VIth, Ranchi in Money Suit No. 3 of 1993 whereby the suit filed by the plaintiff respondent was decreed in favour of the plaintiff and against the defendant/appellant.2. The plaintiff had filed the suit for decree for a sum of rupees 25 lakhs and also for mandatory injunction directing the defendant to publish in any daily news paper that the plaintiff is innocent and he was removed from the post of Superintendent illegally by asking him to proceed on leave.3. The case of the plaintiff is that being possessed of requisite qualifications with Degrees in Medicine as well as in Psychiatry, he was posted as the Superintendent of the Ranchi Mansik Arogyashala, Kanke, Ranchi, in September, 1978. During his tenure as the senior-most officer of the Hospital he had acquired vast experience in the field of Psychiatr...
Smt. Geeta Agarwal Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Aug-10-2007
Reported in: [2007(4)JCR165(Jhr)]
D.G.R. Patnaik, J.1. The instant writ application has been filed by the petitioner for an appropriate writ for quashing that part of the order dated 30.10.1996 passed by the Deputy Commissioner, Ranchi (respondent No. 2) in U.L.C. Case No. 8 of 1976, whereby finding was recorded that the sale of lands by Smt. Tribeni Devi, which was eventually acquired by the petitioner, was in violation of Sections 3 and 4 of the Bihar Ceiling On Urban Property (Temporary Restrictions on Transfer) Ordinance, 1976 and as such, the sale-deed was not legal. Prayer for further direction has been made for a writ in the nature of mandamus commanding upon the respondents to forbear from giving effect to or acting pursuant to or in furtherance of the impugned order of the respondent No. 2.2. The grounds advanced in support of the prayer are that the respondent No. 2 had no authority or jurisdiction to pass the impugned order with the finding that the sale-deed executed by Smt. Tribeni Devi was null and, void ...
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