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Jharkhand Court August 2007 Judgments

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Aug 02 2007

Om Prakash Singh and Mahendra Ram Vs. State of Jharkhand Through the S ...

Court: Jharkhand

Decided on: Aug-02-2007

Reported in: [2008(1)JCR368(Jhr)]

ORDERR.K. Merathia, J.1. It is submitted on behalf of the petitioner that these cases are fully covered by the judgment dated 1.3.2007, passed in W.P. (S) No. 2848 of 2006-Amarendra Kumar and others and analogous cases. It is further submitted that the State filed Letters Patent Appeal against the said judgment but the same was also dismissed on 17.7.2007 being L.P.A. No. 139 of 2007- State of Jharkhand and Ors. v. Amarendra Kumar and Ors. and analogous cases.2. Mr. Jhunjhunwala, appearing for the State, submitted that in view of the Constitution Bench judgment in the case of Secretary, State of Karnataka v. Uma Devi : (2006)IILLJ722SC , and other judgments, the illegally appointees were rightly terminated after issuing notices to them and considering their replies.3. It appears that such submissions were considered by the learned single Judge in the said case of Amarendra Kumar (supra) which has been affirmed in the said LPA No. 139 of 2007. However, the following observation has been...


Aug 01 2007

Nirodhi Prakash Ganguly, Vs. the State of Bihar (Now Jharkhand),

Court: Jharkhand

Decided on: Aug-01-2007

Reported in: 2008(56)BLJR152; [2007(4)JCR235(Jhr)]

M. Karpaga Vinayagam, C.J.1. Challenging the order of acquisition of land belonged to the appellants under the Urban Land (Ceiling and Regulation) Act, 1976, (hereinafter called as the Act) passed by the competent authority, the appellants filed appeal before the appellate authority, which was dismissed, and thereafter filed writ petition before this Court in CWJC No. 3347/1998R, which was also dismissed. Hence this Letters Patent Appeal.2. The short facts, which are relevant for disposal of this appeal, are as follows:The appellants are the descendants of one Nihar Prakash Ganguly, who, as a Karta of the family, purchased the property in question with buildings and orchard in the year 1912 comprising of 19123 sq.mts. of land. The said Nihar Prakash Ganguly died on 10.1.1980 leaving behind three sons - Nirodhi Prakash Ganguly, appellant No. 1, Arya Prakash Ganguly appellant No. 2, Nilay Prakash Ganguly appellant No. 3 and a married adult daughter, Mrs. Rita Chaterjee, as his heirs. Eve...


Aug 01 2007

Subhash Chandra Mishra Vs. Heavy Engineering Corporation Ltd. and ors.

Court: Jharkhand

Decided on: Aug-01-2007

Reported in: [2008(1)JCR361(Jhr)]

ORDER1. Admittedly, the claim of the allotment of house was made by both the elder brother and younger brother separately in the year 2001 and 2002 in the capacity of the sons of the deceased, who was an employee of the Heavy Engineering Corporation. Now, when the matter came up on 10.10.2006, it was stated by the counsel for the respondent Nos. 1 and 2, i.e., the Company, that if the elder brother Satish Chandra Mishra (respondent No. 3) is not willing to accept the allotment, the Management is prepared to allot the quarters in favour of the petitioner. Therefore, this Court issued notice to respondent No. 3 to verify about the same. Now, respondent No. 3 has appeared before this Court and also filed counter stating that he was the person, who filed application for allotment of the house in the year 2001 itself. But, however, as correctly pointed out by the counsel for the Company that both the persons applied for the allotment of the house only in the capacity of the sons of the dece...


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