Jharkhand Court September 2007 Judgments
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Most. Sumitra Devi Vs. State of Jharkhand Through Chief Engineer R.C. ...
Court: Jharkhand
Decided on: Sep-17-2007
Reported in: [2007(4)JCR472(Jhr)]
M. Karpaga Vinayagam, C.J.1. Sumitra Devi, wife of the deceased employee of respondent, has filed this writ petition seeking for the quashing of the letter dated 6.12.2002 issued by the Office of the Accountant General (A&E;) II, Bihar Patna 5th respondent directing the Road Construction Department, Road Division, Sahebganj for absorption of the excess payment made to the husband of the petitioner as he had not passed the accounts examination for the time bound promotion and further directing the respondents to fix the family pension of the husband of the petitioner according to the last pay drawn by him.2. The facts of this case are:(i) The petitioner's husband was appointed as an officiating correspondence clerk in Bhagalpur Division with effect from 5.1.1976.(ii) Petitioner's husband was relieved from this post on 18.1.1977 and joined PWD (Public Works Department) Dumka Division in the forenoon of 19.1.1977.(iii) Thereafter the petitioner's husband was given posting in the office of...
Munari Devi Vs. Bihar State Electricity Board and ors.
Court: Jharkhand
Decided on: Sep-17-2007
Reported in: [2007(4)JCR471(Jhr)]
M. Karpaga Vinayagam, C.J.1. Smt. Munari Devi, the petitioner has filed this writ petition for giving direction to the respondents to pay the death-cum-retiral benefits to the petitioner as her husband died in harness on 30.7.1998 and also praying for the quashing of the order dated 19.4.2001 issued by the Joint Secretary, Bihar State Electricity Board communicating that the last pay drawn by the husband of the petitioner as been calculated at Rs. 2,975/-as his basic pay although the husband of the petitioner was drawing salary on the basis of Rs. 3050/ as his basic pay.2. The petitioner's husband, Shri Chandrika Mistry who was an employee of Electricity Board died in harness on 30.7.1998. He was working in the post of Head Clerk in Patratu Thermal Power Station, Patratu at the time of his death. The basic pay of the husband of the petitioner at the time of death was Rs. 3050/-. The respondents, without any proceeding and without adopting any procedure of law, reduced the last pay draw...
Steel Authority of India Ltd. Vs. British India Rolling Mills
Court: Jharkhand
Decided on: Sep-14-2007
Reported in: [2008(1)JCR302(Jhr)]
D.G.R. Patnaik, J.1. This appeal by the appellant / plaintiff is directed against the judgment dated 6.10.1994 and its corresponding decree dated 16.11.1994 passed by the Sub-Ordinate Judge, 1st, Bokaro at Chas in Money Suit No. 61 of 1985, whereby the plaintiffs suit was dismissed with cost.2. Plaintiff namely the Steel Authority of India Ltd. had filed the suit against the defendant/respondent for recovery of money valued at Rs/ 13,76,278.80 together with interest pendente-lite and future till realization of the money. The case of the plaintiff is that in course of its business of manufacturing of steel, the rejected rolls, tender / skin pass rolls, Mill rolls, forged alloy steel, etc. were required to be cleared from the plant floors and the same were required to be disposed of from the various locations within the plaintiffs plant. For the purposes of clearance of the rejected materials, the plaintiff had invited sealed tender vide tender notice No. STCLA; DISP; 090; 81-82; 03 from...
New India Assurance Company Ltd. and anr. Vs. Shyam Sunder Hetamsariya ...
Court: Jharkhand
Decided on: Sep-14-2007
Reported in: [2008(1)JCR50(Jhr)]
D.G.R. Patnaik, J.1. The defendant-appellant have preferred the instant appeal against the judgment and decree dated 24.1.1996 and 7.2.1996 passed by the Subordinate Judge 7th, Ranchi, in Money Suit No. 26 of 1992 whereby the suit as filed by the plaintiff-respondents for a sum of Rs. 5.54.898/20P alongwith interest at the rate of 19-1/2% per annum from the date of institution of the suit i.e. 10.3.1992 till the realisation of the amount, was decreed in favour of the plaintiff-respondents.2. The case of the plaintiff-respondents is that the plaintiffs have been carrying on a cloth business in the name and style of Vimal Deep having their show room of the products and goods of Vimal Fabrics. The show room and business premises is located on the Main Road in town of Ranchi. The plaintiffs had entered into a contract of insurance with the defendants to cover risk of loss of goods in stock of the plaintiff's shop on account of theft and burglary and also on account of fire and damages. The...
Food Corporation of India Vs. Bihar Tobacco Industries
Court: Jharkhand
Decided on: Sep-14-2007
Reported in: [2008(1)JCR269(Jhr)]
D.G.R. Patnaik, J.1. This appeal filed by the defendant-appellant is directed against the judgment dated 12.01.1999 and its corresponding decree dated 18.01.1999, passed by the Subordinate Judge-1, Chaibasa in Money Suit No. 1 of 1995, whereby the suit filed for realization of a sum of Rs. 20.60 lakhs, was decreed in favour of the plaintiff and against the defendant.2 The plaintiff's case briefly stated is that the plaintiff is a registered partnership Firm, while the defendant is a body corporate dealing in storage and distribution of food grains. The defendant is required to stock its food grains in godowns. Being in need of a spacious premises for godown purposes for storage of food grains, the defendant had approached the plaintiff and had offered to take the plaintiff's premises on rent. Vide letter of offer (Annexure-1), the defendant had asked the plaintiffs to construct a godown within its premises according to specifications designed and mentioned in the said letter. The plain...
Matius Tirkey and anr. Vs. JusuphIn Lakra and anr.
Court: Jharkhand
Decided on: Sep-14-2007
Reported in: [2008(2)JCR208(Jhr)]
D.G.R. Patnaik, J.1. The appellants/plaintiffs have filed the instant appeal against the judgment dated 15.10.1996 and its corresponding decree dated 23.11.1996, passed in Title Suit No. 1 of 1995 by the Subordinate Judge-I, Simdega, whereby the suit of the plaintiffs was dismissed. The suit was filed for a declaration that the permission order dated 07.12.1962 passed by the Rent Suit Deputy Collector in Miscellaneous Case No. 92 R8 II of 1962 is illegal, void and without jurisdiction and also for a declaration that the registered deed of gift executed on 21.12.1962 by Luisa Tirkey in favour of her daughter Josiphin Lakra (defendant No. 1) is void, illegal and inoperative and with a further prayer that after adjudication of the right, title, interest as well as possession of the plaintiffs over the suit land fully described in Schedule A to the plaint, to order for delivery of possession of the suit land to the plaintiffs.2. The parties belong to the same family having a common ancesto...
Hare Ram Singh and ors. Etc. Etc. Vs. the Bihar State Co-operative Mil ...
Court: Jharkhand
Decided on: Sep-13-2007
Reported in: 2008(56)BLJR595; AIR2008Jhar86(FB)
M. Karpaga Vinayagam, C.J.1. 'Whether the Bihar State Co-operative Milk Producers' Federation Ltd. (hereinafter called as Federation) is State within the meaning of Article 12 of the Constitution of India so as to attract writ jurisdiction?' This is the moot question to be decided by this Full Court in this batch of cases.2. Since conflicting views have been expressed by different Division Benches with reference to the above question, the Division Bench by the order dated 29.11.2004 referred these matters to the full Bench to determine the said question. That is how, this batch of cases has come up before this Full Bench.3. This question came up for consideration earlier on several occasions before Hon'ble the Supreme Court. Over the years several decisions have been rendered. The Apex Court in those decisions tried to throw light as to what are the guidelines to be followed to determine as to whether a particular organization is State.4. Before dealing with the issue in question, in t...
Humayan Azam and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-13-2007
Reported in: [2007(4)JCR513(Jhr)]
M. Karpaga Vinayagam, C.J.1. The question, which gives rise to filing of this writ petition, is as follows:Whether the date of appointment of the petitioners in the cadre of Steno Sub-Inspector of Police would be treated as the basis of determination of seniority in the general cadre of Sub-Inspector of Police or the date of entry into the general cadre of Sub-Inspector of Police would be the determinative factor to fix their seniority?2. The short facts are as follows:(A) The petitioners were initially appointed as Steno Sub-Inspector of Police in the year 1982 (petitioner Nos. 1 to 3) and 1985 (petitioner No. 4) and after completion of minimum length of service in the post of Steno Sub-Inspector of Police, the petitioner Nos. 1 to 3 in the year 1989 and the petitioner No. 4 in the year 1991 were taken to general cadre of Steno Sub-Inspector of Police on reversion. Some of the Steno Sub-Inspector of Police, who joined the general cadre on reversion from the cadre of Steno Sub-Inspecto...
Hare Ram Singh Etc. Vs. Bihar State Co-operative Milk Producers Federa ...
Court: Jharkhand
Decided on: Sep-13-2007
Reported in: [2008(1)JCR13(Jhr)]
M. Karpaga Vinayagam, C.J.1. 'Whether the Bihar State Co-operative Milk Producers' Federation Ltd. (hereinafter called as Federation) is State within the meaning of Article 12 of the Constitution of India so as to attract-writ jurisdiction?' This is the moot question to be decided by this Full Court in this batch of cases.2. Since conflicting views have been expressed by different Division Benches with reference to the above question, the Division Bench by the order dated 29.11.2004 referred these matters to the Full Bench to determine the said question. That is how, this batch of cases has come up before this Full Bench.3. This question came up for consideration earlier on several occasions before Hon'ble the Supreme Court. Over the years several decisions have been rendered. The Apex Court in those decisions tried to throw light as 10 what are the guidelines to be followed to determine as to whether a particular, organisation is State.4. Before dealing with the issue in question, in ...
Raj Kamal Prasad Vs. Mosammat Bindu Devi and ors.
Court: Jharkhand
Decided on: Sep-13-2007
Reported in: [2008(1)JCR253(Jhr)]
1. This appeal by the appellant/owner of the motor vehicle, is directed against the judgment dated 10.8.1999 and Award 17.8.1999 passed by the Motor Accident Claims Tribunal, Pakur in (M.V.) Title (Claim) Suit No. 4/3 of 1997, whereby the Tribunal had awarded a total compensation of Rs. 1,12,800/- payable to the claimants/respondents 1 to 3 and had apportioned the compensation amount between the owner of the vehicle and the Insurance Company directing the owner of the vehicle to pay half of the awarded amount.2. The claim for compensation was preferred by the claimant widow of the deceased Surendra Prasad Bhagat for herself and for her two minor children. The facts on the basis of which the claim was preferred, was that the deceased Surendra Prasad Bhagat was travelling by maxi-taxi bearing registration No. B.R.-36-6585 on 24.11.1996. The taxi was loaded with passengers and some of whom were sitting on the roof top. Due to negligent and rash driving of the vehicle by its driver (respon...
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