Jharkhand Court September 2007 Judgments
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Tata Iron and Steel Co. Ltd. Vs. the State of Bihar,
Court: Jharkhand
Decided on: Sep-05-2007
Reported in: [2008(1)JCR281(Jhr)]
M. Karpaga Vinayagam, C.J.1. The Tata Iron & Steel Company Ltd., the petitioner herein was asked to pay a sum of Rs. 5.97 crore by the order dated 23.01.1996 as additional interest on rent and other dues by the Certificate Officer in respect of the lands leased out to the petitioner by the Government. Seeking for quashing of the same, the petitioner has filed this writ of certiorari.2. The short facts are as follows:(i) The petitioner entered into a lease agreement with the State Government in respect of the lands situated at Jamshedpur acquired under Land Acquisition Act.(ii) By this agreement, the State Government agreed to lease those lands to the petitioner company on the terms and conditions mentioned therein in pursuance of the provisions of Section 7D and 7E of the Bihar Land Reforms Act.(iii) This agreement was executed on 01.08.1985 and the same was registered on 06.08.1985.(iv) The said lease was granted for 40 years with effect from 01.01.1956. (v) There are two clauses name...
Mala Devi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-05-2007
Reported in: [2008(2)JCR224(Jhr)]
ORDERN.N. Tiwari, J.1. The petitioner applied for compassionate appointment after the death of her husband late Dilip Kumar Yadav in harness on 4.10.2002, leaving behind the petitioner (widow) and two minor children, while he was posted as typist under Deoghar Collectorate in the office of Block Development Officer. Sarwan.2. The District Compassionate Appointment Committee, after due verification and enquiry, approved the petitioner's appointment on Class-1V post along with others in the light of the decision taken in the meeting held on 24.6.2003. The petitioner was given appointment on Class-IV post by letter being Memo No. 328 dated 16.8.2003. The petitioner, pursuant, to the said appointment letter, joined the post on 19.8.2003 under the Deoghar Collectorate. After sometime, she was transferred to the office of Block Development Officer, Deoghar by order dated 8.12.2003. While working there, she was served with a letter dated 30.11.2005, whereby she was stopped from attending her ...
Sumiya Devi and 6 ors. Vs. Sri Bir Marketing Services and 3 ors.
Court: Jharkhand
Decided on: Sep-05-2007
Reported in: 2008ACJ2833; [2008(1)JCR517(Jhr)]
M.Y. Eqbal, J.1. This appeal by the claimants-appellants for enhancement of compensation is directed against the judgment and award dated 6.1.2006 passed by Motor Accident Claims Tribunal, Giridih in Compensation Case No. 01 of 2003 whereby he has awarded a sum of Rs. 4,00,000/-by way of compensation for the death of one Shankar Yadav in a motor vehicle accident. Claimants-appellants are the widow, five minor daughters and mother of the deceased.2. Claimants-appellants filed claim application under the provisions of Section 163A of the Motor Vehicles Act for grant of compensation. Claimants' case was that the deceased, aged about 35 years, was returning after finishing his work by a motorcycle. When the motorcycle reached near Dukhharan Baba more, a truck bearing registration No. BR-23-6004 being driven rashly and negligently dashed the motorcycle as a result of which, the deceased sustained grievous injuries and was taken into hospital where he died on the same day. Claimants' case wa...
Kavee Enterprises (P) Ltd. Vs. Commissioner of Income Tax
Court: Jharkhand
Decided on: Sep-04-2007
Reported in: (2008)218CTR(Jharkhand)176; [2008]301ITR156(Jharkhand); [2008(1)JCR362(Jhr)]
M.Y. Eqbal, J. 1. On an application filed under Section 256(2) of the Income Tax Act 1961 (shortly the Act) this Court passed order on 6.4. 1998 directing the Income Tax Appellate Tribunal to refer the following questions:(i) Whether assigning the reason for issuance of notice under Section 148(2) of the Income Tax Act is imperative and under the facts and circumstances whether before issuance of notice, the Income Tax Officer has complied with this imperative provision?(ii) Whether in the absence of any discussion in this regard by the Tribunal, the order suffers from infirmity?2. The facts relevant for the purpose of deciding the reference case are as under:The assessee is a Private Limited Company carrying on hotel and restaurant business. Original return was filed on 12.4.1989 showing loss of Rs. 646/-. Later on the Assessing Officer received valuation report in respect of investment in the construction of hotel and restaurant building from D.C.L.T. In order to consider the cost of...
Employers in Relation to the Management of Hurladih Colliery of Bhalgo ...
Court: Jharkhand
Decided on: Sep-04-2007
Reported in: [2008(1)JCR378(Jhr)]
R.K. Merathia, J.1. Heard.2. The petitioner - Management has filed this writ petition for quashing the Award dated 1.9.2005 passed by Central Government Industrial Tribunal No. 1, Dhanbad in Reference Case No. 64 of 1995 holding that the workmen were entitled for regularization and directing the Management to reinstate 81 workmen except the workman-Jalandra Chouhan at serial No. 33.3. The following dispute was referred for adjudication by order dated 16.6.1995:Whether the demand of the Union for regularization/employment by the management of Bhalgora Area of M/s. B.C.C.L. of Sh. Rama Ashish Paswan and 81 other (as per list annexed), members of a registered Co-operative society namely Kustore Shramik Sahyog Samiti Ltd. is justified? If so, to what relief are these concerned workmen entitled to?4. The case of the workmen in short was as follows. They were members of Kustore Shramik Sahayog Samiti Ltd., a registered Co-operative Society (hereinafter to be referred as the Society) but they...
Commissioner of Gift-tax Vs. Sanjay Kapoor and anr.
Court: Jharkhand
Decided on: Sep-04-2007
Reported in: (2008)218CTR(Jharkhand)173; [2008]299ITR360(Jharkhand)
1. By this reference under Section 256(1) of the Income-tax Act, 1961, the following question has been referred to this court:Whether, on the facts and circumstances of the case, the Tribunal was justified in law to hold that the abandonment of Rs. 1,99,211 which is the share of the investment allowance reserve by the assessee in favour of the firm, i.e., M/s. Kapoor Brothers is not a deemed gift under Section 4(1)(c) of the Gift-tax Act?2. The facts of the case lie in a narrow compass:The assessee was a partner in the registered firm M/s. Kapoor Brothers having a one-fifth share in the profit or loss of the said firm. The assessee retired from the partnership firm with effect from April 1, 1986, and on the date of retirement, the credit balance in the capital account of the firm was Rs. 2,11,637 which was transferred to the unsecured loan account. The assessee received his share from the capital assets of the firm. However, he did not claim his share in the investment allowance reserv...
Bal Sakha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-04-2007
Reported in: [2008(1)JCR333(Jhr)]
ORDER1. Today an additional report has been filed by the learned Advocate General on the basis of the report, submitted by the Members of the Committee. First report has already been filed before this Court giving various suggestions. Now in this additional report it is stated that the learned Advocate General had a discussion with Mr. Rajeev Agrawal, Director Social Welfare, Jharkhand, Sri D.K. Saxena, Special Secretary, Social Welfare, Jharkhand, Sri D.K. Vidyarthi, Assistant Inspector General of Prison and they decided to make various suggestions.2. Apart from that, Para-7 of the first report the Advocate General has given various suggestions. So, on the basis of these suggestions, the Advocate General requests this Court to pass a suitable order so that the Officials concerned should comply the said directions. Accordingly, the following directions are being issued:(i) The new Observation Home being constructed at Chaibasa should be completed in a time bound manner with adequate fa...
National Insurance Company Ltd. Vs. Most. Budhani Kisku and anr.
Court: Jharkhand
Decided on: Sep-04-2007
Reported in: 2009ACJ181; [2008(1)JCR366(Jhr)]
M.Y. Eqbal, J.1. This appeal by the appellant-Insurance Company is directed against the judgment and award dated 16.9.2003 passed by Presiding Officer, Labour Court, Hazaribagh in W.C. Case No. 6 of 2002 whereby a sum of rupees three lacs has been awarded by way of compensation on account of death of the deceased.2. The facts of the case lie in a narrow compass:The claimants filed an application for grant of compensation stating inter alia, that her son, Karu Kisku was employed as khalasi under the respondent, Jai Kumar Singh, owner of the Bus bearing registration No. BR-20P-0096 and he was getting Rs. 3000/- as monthly wages and Rs. 25/-for fooding per day. On 2.2.2002 as usual, her son, Karu Kisku was attending his duty as khalasi on the instruction of the employer he was guarding the valuable luggage of the passengers on the roof of the Bus and when the Bus reached in the village, Budhiadih, due to rash negligence driving of the Bus by the driver, the deceased fell down form the roo...
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