Jharkhand Court October 2008 Judgments
Felix Tamba Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-25-2008
Reported in: AIR2009Jhar1; [2008(4)JCR542(Jhr)]
M.Y. Eqbal, J.1. This application by way of public interest litigation has been filed by a member of Schedule Tribe for quashing the circular of the Govt. of Jharkhand as contained in letter No. 7/Bhumi/Bandhak-Ranchi-08/07/2623Ra, dated 30.7.2007 issued under the signature of respondent No. 2, Secretary, Revenue and Land Reforms Department. Government of Jharkhand, Ranchi whereby it has been notified that no person who is a member of Schedule Tribe community can obtain loan for construction of his house and for the purpose of education by mortgaging his land.2. In the writ petition, it is alleged that the authorities of the Government are acting totally against the interest of the Schedule Tribe community in general by issuing such notification/circular restraining all the Banks in the entire State of Jharkhand from sanctioning loan to the members of Schedule Tribe community against the mortgage of their land for the purpose of construction of house and/or for the purpose of education...
Tag this Judgment!Sri Yudhishthir Roy Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-25-2008
Reported in: [2008(4)JCR689(Jhr)]
D.K. Sinha, J.1. The petitioner herein has invoked the extraordinary writ jurisdiction under Article 226 of the Constitution of India for quashment of the F.I.R. drawn in connection with Deoghar P.S. Case No. 109 of 2005 corresponding to G.R. No. 341 of 2005 for the offence alleged against the petitioner under Sections 406/420/452 & 188 I.P.C. pending before the C.J.M., Deoghar and further quashment of the entire criminal proceeding commenced on the basis of such F.I.R.2. The fact of the case as stands narrated in the written report of the informant S.D.O., Deoghar presented before the Officer-in-Charge of Town Police Station, Deoghar as per information received from one Kishore Singh was that the petitioner Yudhishthir Roy was raising boundary wall over town plot No. 1231A at Mauza Khoradah within Deoghar Circle with the intention to usurp the land. On such information a proceeding under Section 144 Cr.P.C. was initiated giving rise to Criminal Misc. No. 572 of 2004 between the partie...
Tag this Judgment!Bokaro Steel Employees Co-operative House Construction Society Limited ...
Court: Jharkhand
Decided on: Oct-25-2008
Reported in: AIR2009Jhar39
Ajit Kumar Sinha, J.1. The present writ petition has been preferred for the following reliefs:A. For direction upon the respondents to forthwith release/pay the up to date maturity value as against the investments made in fixed deposit scheme at Bokaro Steel Centre Branch vide FDR Certificates No. 2871 dated 21.12.95, 2876 dated 30.12.95, 681G dated 12.5.98 and 6817 dated 8.6.98 with initial value of Rs. 3396591/-, Rs. 414375/-. Rs. 1803840/- and Rs. 966992/- respectively, which was refused to be renewed after 21.3.04 and accordingly to renew the same with retrospective effect till the date of liquidation and pay the entire amounts which comes about Rs. 2,21,29,374/-(Two Crores Twenty One Lakhs Twenty Nine Thousand Three Hundred Seventy Four only) as more fully described in table chart duly annexed at Annexure-6.B. Further for direction upon the respondents to also activate the SB A/c No. 1 and S3 A/c No. 2 (appertaining to the Provident Fund of the employees) of the society and accord...
Tag this Judgment!Md. Rahman Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-25-2008
Reported in: 2009CriLJ1914; [2009(1)JCR198(Jhr)]
ORDERD.K. Sinha, J.1. Petitioner has invoked the extra-ordinary writ jurisdiction under Article 226 of the Constitution of India for issuance of appropriate writ/ writs, order/orders, direction/directions for quashment of the order impugned dated 19.2.2008, passed by the learned Chief Judicial Magistrate, Chatra who refused to release the truck loaded with coal thereon of the petitioner bearing registration No. JH-09B-4141 seized in Simariya P.S. Case No. 76 of 2005, corresponding to G.R. Case No. 598 of 2005.2. Prosecution story, in short was that the police raiding party on tip off, intercepted truck No. JH-09B-4141 which was carrying coal and that attempted to escape at the sight of the police party. However, two persons were apprehended from the spot. On interrogation, one of the apprehended disclosed his name Md. Rahman who claimed to be the owner of the truck i.e. the petitioner in the present writ petition and the another disclosed his name Shiv Navain Pal, who claimed to be the...
Tag this Judgment!Md. Javed Vs. State of Jharkhand
Court: Jharkhand
Decided on: Oct-24-2008
Reported in: [2008(4)JCR688(Jhr)]
ORDERD.K. Sinha, J.1. The petitioner has invoked the extraordinary writ Jurisdiction of this Court under Article 226 of the Constitution of India with the prayer, for issuance of an appropriate writ by setting aside the order impugned dated 4.3.2008 passed by the Chief Judicial Magistrate, Hazaribagh whereby he recalled the earlier order dated 3.3.2008 whereby the seized truck No. BR 18-6556 loaded with 100 bags of coal was directed to be released in favour of the petitioner.2. The main contention of the petitioner is that by order dated 3.3.2008 on the petition of the petitioner for release of the truck No. BR 18-6556 which was seized in connection with Mandu P.S. Case No. 516 of 2007 for the offence under Section 414 of the Indian Penal Code, Section 30(2) of the Coal Mines Act and Section 33 of the Indian Forest Act, having been satisfied the learned CJM Hazaribagh released the vehicle in question in favour of the petitioner on his furnishing bond of Rs. 7,00.000/- with two sureties...
Tag this Judgment!Court on Its Own Motion Vs. State of Jharkhand Through the Chief Secre ...
Court: Jharkhand
Decided on: Oct-23-2008
Reported in: [2009(1)JCR74(Jhr)]
D.K. Sinha, J.1. This Court on its own motion exercised its extraordinary jurisdiction of superintendence/interference under Article 227 of the Constitution of India and issued notices to the respondent-State as well as the respondent No. 2 Santosh Kumar Singh. The respondent Santosh Kumar Singh alleged to be the principal accused was granted bail by the Judicial Commissioner I/C, Ranchi (Shri H.P. Chakraborty as he then was) in B.P. No. 913 of 2003 on 4.11.2003 under Section 439 of the Code of Criminal Procedure. The State and the accused Santosh Kumar Singh, both the respondents entered appearance and filed their affidavits.2. Facts of the case, giving rise to Ranchi Kotwali P.S. Case No. 442 of 2003 was recorded for the offence under Sections 420/120B of the Indian Penal Code on the allegation that a sum of Rs. 3,00,000/-was recovered from the possession of respondent No. 2 Santosh Kumar Singh by the police raiding party while he was staying in a hotel with the co-accused. Prosecuti...
Tag this Judgment!Smt. Siya Devi Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Oct-23-2008
Reported in: [2009(2)JCR464(Jhr)]
ORDER1. This appeal has been filed against the order dated 10.9.2008 passed by learned single Judge in WP (S) No. 1901/2008 wherein the petitioner/appellant herein had challenged the order dated 5.3.2008 passed by the Commandant, officiating ADIG(ADM) for DIG and Commandant by which her appointment on the post of 'Aya' was ordered to be discontinued with effect from 5.3.2008.2. The relevant details under which the controversy arose leading up to the filing of this appeal, emerges out of an unfortunate situation when the appellant-Smt. Siya Devi lost her husband in the year 1981 who was in the service of Border Security Force as a Constable who died in harness. The appellant, Siya Devi, thereafter, filed an application for granting appointment on compassionate ground on account of the death of her husband. The request of the appellant-Siya Devi was acceded to and an order of appointment dated 14.8.1981 was issued in her favour by the Commandant, Boarder Security Force, Gujarat and she w...
Tag this Judgment!Employers in Relation to the Management of Dhansar Colliery Vs. their ...
Court: Jharkhand
Decided on: Oct-22-2008
Reported in: [2009(1)JCR80(Jhr)]
D.G.R. Patnaik, J.1. In this writ application the petitioner has prayed for quashing the award dated 24.8.2004 (Annexure 4) passed by the Central Government Industrial Tribunal No. 2 Dhanbad, in Reference case no. 145 of 1999, whereby the Tribunal has answered the reference in favour of the respondent Union directing the petitioner Management to consider the case of promotion of the workmen for Excavation Grade A.2. The facts of the case in brief are as under:3. A dispute raised by the respondent Mines Mazdoor Union in respect of two workmen over non grant of promotion to them in Grade A was referred to the Tribunal for adjudication by the following terms of reference:Whether the action of the Management of Kusunda Area of M/s Bharat Coking Coal Limited creates discrimination in not promoting Md Abbas, Prem Singh, Auto electrician of Dhansar/KOCP in Gr B to Excavation Gr. A although they have promoted 11 persons in 1991 from Gr. B to Gr A. If so, whether Md Abbas and Prem Singh are eli...
Tag this Judgment!Deonath Manjhi Vs. Central Coalfields Limited and ors.
Court: Jharkhand
Decided on: Oct-22-2008
Reported in: [2008(119)FLR949]
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred for issuance of an appropriate writ, order of direction in the nature of certiorari for quashing the letter dated 6th April, 2002, as contained in Reference No. KTW/IWO/9.3.2/ 434, vide which the application of the petitioner for compassionate appointment was rejected on the ground that the application filed was delayed by few months.2. The facts, in brief, are set out as under:Father of the petitioner, namely, late Hopan Manjhi, working as Fitter Grade-Ill, died in harness on 8th September, 1999. The petitioner herein, who is the son of deceased employee, after obtaining the death certificate and other required testimonials, filed an application along with the affidavit on 30.11.2000 before the Management of respondent-Central Coalfields Limited (in short 'C.C.L.') for appointment on compassionate ground. The respondent Management vide letter dated 6th April, 2002 informed the petitioner that his application for ...
Tag this Judgment!Most. Dulia Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-22-2008
Reported in: [2009(1)JCR22(Jhr)]
R.R. Prasad, J.1. The petitioner has prayed for quashing of the order dated 11.9.2001 (Annexure 3) passed in Confiscation Case No. 4 of 2001 and also quashing of the order dated 21.8.2002/6.5.2002 (Annexure 4) passed by Deputy Commissioner, Hazaribagh in appeal, bearing No. 103 of 2001 and also to quash the order dated 20.6.2003 (Annexure 5) passed by Secretary, Forest and Environment Department, Government of Jharkhand, Ranchi in Confiscation Revision No. 4 of 2003 whereby order passed by the Confiscating Officer has been affirmed.2. Brief facts of the case are that when the forest guard in course of patrolling on 29.1.2001 at about 6 P.M. did find that some miscreants after falling saplings trees got the boulders loaded on a truck bearing No. BRM-2621 within Bhandwar division of forest boundary, he seized the truck along with loaded boulders and the driver was arrested. The driver failed to produce any document and hence, a case was lodged under Section 33 of the Indian Forest (Bihar...
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