Jharkhand Court August 2007 Judgments
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Gauri Chakraborty Vs. Tata Iron and Steel Co. Ltd. and ors.
Court: Jharkhand
Decided on: Aug-06-2007
Reported in: [2008(116)FLR127]; [2007(4)JCR495(Jhr)]; (2008)ILLJ920Jhar
Narendra Nath Tiwari, J.1. This appeal arises out of the order passed in WP(S) No. 1418/ 03. The appellant was the 3rd respondent in the said writ petition. M/S TISCO had filed the said petition challenging the order dated 24.2.2003 passed by the Dy. Labour Commissioner-cul-Authority under the Payment of Gratuity Act, 1972. By the said order M/S TISCO were directed to pay the amount of gratuity to the appellant observing that they cannot withhold the gratuity for not vacating company's quarter by her. in view of the provision contained in Section 4(6) of the Payment of Gratuity Act.2. Before proceeding further with the case, it is pertinent to mention here that during the pendency of the writ petition, the 3rd respondent-appellant vacated the Company's quarter and has received the amount of gratuity. However, that culmination was preceded by the events which will be discussed in the succeeding paragraphs.3. After the Company's quarter was vacated by the 3rd respondent-appellant and the...
Surendra Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-06-2007
Reported in: [2008(1)JCR264(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the learned Counsel for the parties.2. The petitioner has moved before this Court earlier in WP (S) No. 644 of 2006 challenging the notification, whereby he was finally allocated Bihar Cadre. The said writ application was, however, dismissed vide order dated 25.4.2006 in view of the fact that the case of the petitioner was fully covered by a decision of the Division Bench passed in the case of Prakash Chandra Sinha v. Union of India and Ors. reported in 2003 (4) JCR 165 (Jhr). The petitioner, therefore, preferred an appeal being LPA No. 282 of 2006 against the said order, but the same was dismissed as withdrawn vide order dated 7.8.2006 giving liberty to the petitioner to move before the concerned authority of the State for fresh allocation of cadre in the light of the recent guidelines issued by the Central Government.3. The grievance of the petitioner is that pursuant to the new policy of the Central Government issued on 8.6.2006 (Annexure-8), though...
Vaishali Enterprises and anr. Vs. Punjab National Bank
Court: Jharkhand
Decided on: Aug-03-2007
Reported in: I(2008)BC527; [2008(4)JCR706(Jhr)]
D.G.R. Patnaik, J.1. This appeal is filed against the judgment-dated 27.6.1998 and its corresponding preliminary decree dated 10.7.1998 passed by the Sub-Judge-IInd, Bokaro at Chas in Title (Mortgage) Suit No. 31 of 1996, whereby the suit filed by the plaintiff/ respondent for recovery of a sum of Rs. 5,60,346/- was decreed in favour of the plaintiff/ respondent against the defendants / appellants. Pendente-lite and future interest charged @21.75% per annum was also awarded in favour of the plaintiff against the defendants till full realization of the decretal amount.2. The plaintiffs case was based on the following facts:Defendants had approached the plaintiff bank for a loan of Rs. 2,35,000/-. The loan for the said amount was sanctioned by the bank on 22.12.1988 as term loan with the stipulated rate of interest @ 13.5% per annum with quarterly rest. A separate cash credit facility was also extended to the defendants to the extent of Rs. 4.00 lakhs with interest @ 15.25% per annum wit...
Bank of India Vs. Gobardhan Bhagat and ors.
Court: Jharkhand
Decided on: Aug-03-2007
Reported in: I(2008)BC630; [2008(1)JCR203(Jhr)]
D.G.R. Patnaik, J.1. The plaintiff / appellant has preferred this appeal against the judgment dated 16.12.2000 and its corresponding Award dated 9.01.2001 passed by the Sub Ordinate Judge-2nd, Khunti (Ranchi) in Money Suit No. 3 of 1993, whereby the suit of the plaintiff/appellant was dismissed.2. Plaintiff, Bank of India, had filed the suit against the defendants/respondents for the recovery of a sum of Rs. 3,67,286.44 with interest pendente-lite at the rate of 18.75% per annum with quarterly rest. The case of the plaintiff was that on the request of the defendant No. 1, the plaintiff had advanced a sum of Rs. 3,31,000/- on 27.8.1987 to the defendant No. 1 which was repayable to the plaintiff on demand by specific monthly installments together with interest at the rate of 2.5% O.B.R minimum 12.5% per annum with quarterly rest or at such rate of interest which should be payable from time to time. Against the loan so advanced, the defendant No. 1 had executed demand promissory note and ...
Promod Kumar Bhagat Vs. Gopal Ram Bhagat and ors.
Court: Jharkhand
Decided on: Aug-03-2007
Reported in: [2007(4)JCR275(Jhr)]
D.G.R. Patnaik, J.1. This appeal is directed against the judgment dated 16.8.1988, passed by the IVth Additional Judicial Commissioner, Ranchi in Probate Case No. 31 of 1982, whereby letters of administration in respect of the Will dated 12.3.1964 purportedly executed by one Naboram Bhagat was granted in favour of the appellant/Opposite-Party No. 1.2. The petition for grant of letter of administration under Section 278 of the Indian Succession Act was filed by the respondent No. 1, Gopal Ram Bhagat claiming that he being one of the legatees in the Will executed by Naboram Bhagat, is entitled to grant of letter of administration in respect of the properties bequeathed by the testator in his favour.The case of the petitioner/respondent No. 1 is that Naboram Bhagat who was the resident of the village Bundu within the district of Ranchi, executed a Will dated 12.3.1964, which was his last testamentary declaration in respect of his properties whereby he had bequeathed different portions of ...
West Singhbhum Truck Owners' Welfare Association Vs. Union of India (U ...
Court: Jharkhand
Decided on: Aug-03-2007
Reported in: [2007(4)JCR139(Jhr)]
M. Karpaga Vinayagam, C.J.1. West Singhbhum Truck Owners' Welfare Association, Chaibasa, through this Public Interest Litigation, bringing to the notice of this Court the fact that the respondent-State Government has not been taking effective steps for-the compliance, implementation and strict adherence of the provisions of Sections 113, 114 and 115 of the Motor Vehicles Act and for complying with the directions given by the Supreme Court in the case of Paramjit Bhasin and Ors. v. Union of India and Ors. resulting in mass and rampant movement of trucks and lorries carrying the weight beyond the prescribed limits causing several kinds of hazards, such as damage of road etc. and serious nature of accidents, has prayed for a direction to the respondent to ensure the strict adherence of the relevant provisions of the Motor Vehicles Act and for compliance of the directions of the Supreme Court.2. According to the petitioner, due to rich mining activities in the districts of West Singhbhum a...
Murlidhar Sahu and ors. Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Aug-03-2007
Reported in: [2007(4)JCR504(Jhr)]
D.G.R. Patnaik, J.1. The instant writ application is filed by the petitioners for the issuance of the appropriate writ/orders/ direction in the nature of mandamus commanding upon the concerned respondents for regularisation of the services of the petitioners, who have been working continuously against the vacant posts for more than 12 years on daily wages and also for a direction to the respondents to pay salary to the petitioners on the principle of 'equal pay for equal work' besides other emoluments in the event of regularisation.2. The case of the petitioner No. 1 is that he being a literate person had applied for appointment as Store Chowkidar under the Road Construction Department of the P.W.D, Since the post was needed, the department had accepted his offer and made to join as Store Chowkidar on muster roll basis with effect from 2.1.1985 under a letter of appointment issued by the respondent No. 5 dated 2.1.1985. The petitioner No. 1 had joined his appointment in the aforesaid c...
Ratan Kumar Gupta, Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-03-2007
Reported in: [2008(0)JCR731(Jhr)]
Narendra Nath Tiwari, J.1. The main grievance of the writ petitioners in all these writ petitions is almost common. These writ petitions are, thus, heard together with the consent of the parties and the same are being disposed of by this common order.2. The writ petitioners are contractors. They are aggrieved by the decision of the Tender Committee, whereby the allotment of the works has been made in respect to the tender invited by the Drinking Water and Sanitation Department, Government of Jharkhand, Ranchi, being No. 1 of 2006-2007.Notice was published inviting the said Tender (NIT for short), bearing No. 01 for construction/installation of 17,000/-tube-wells in 22 districts of the State of Jharkhand.3. The petitioners, being old registered contractors of the department, participated in the said tender for different circles, namely, Deoghar, Ranchi, Chaibasa, Gumla, Medninagar and Giridih Circles.A decision was taken by the Tender Committee in the meeting held on 20th April, 2007 th...
Manish Kumar Jayaswal Vs. State of Jharkhand Through Cbi
Court: Jharkhand
Decided on: Aug-02-2007
Reported in: [2007(4)JCR532(Jhr)]
M. Karpaga Vinayagam, C.J.1. Manish Kumar Jayaswal has filed this petition under Article 228 of the Constitution of India for a direction to transfer Civil Misc. Case No. 127/1999 pending in the Court of Special Judge, CBI, VIth, in which attachment order has been passed on the strength of the Criminal Law (Amendment) Ordinance, 1944, (hereinafter referred to as Ordinance, 1944) and to declare the said Ordinance, 1944, to be not in force and consequently to cancel the entire proceedings.2. The short facts are as follows:CBI, on the basis of the orders passed by the High Court and the Supreme Court, conducted investigations relating to Fodder Scam cases and ultimately filed charge-sheet against the petitioner's father. On 3.6.1999, CBI filed an application under Section 3 of the Ordinance, 1944, for ad interim order of attachment of properties and also for making the same absolute as envisaged under Section 5 of the Ordinance, 1944. Ultimately the trial Court passed ad interim order of ...
Raghunath Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-02-2007
Reported in: [2008(1)JCR374(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties finally.2. Petitioner has challenged the order contained in memo No. 2396 dated 3.8.2001 issued by the Forest and Environment Department, Government of Jharkhand (Annexure 4), dismissing him form service on the ground that he secured employment on the basis of wrong caste certificate.3. Mr. Rajiv Ranjan, appearing for the petitioner, submitted that in the year 1974-75 an advertisement was published by B.P.S.C. for appointment of Range Officer against which petitioner applied and appeared in the physical as well as written examination and was declared successful. The result was published in 1975 wherein his name was placed in the General Category candidate to the post of Range Officer. He further submitted that petitioner's appointment was not based on caste certificate. He further submitted that petitioner is by caste Kalwar which comes under O.B.C. and he never claimed to be a member of Scheduled Caste at the time of applying for appointment ...
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