Jharkhand Court November 2008 Judgments
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Ram Naresh Singh and Janardhan Prasad Singh Vs. State of Jharkhand and ...
Court: Jharkhand
Decided on: Nov-12-2008
Reported in: [2009(1)JCR168(Jhr)]
D.G.R. Patnaik, J.1. Claiming parity in the service conditions with the State Government employees, the petitioners who are employees of the Dhanbad Municipality have prayed for an order for quashing the notice dated 04.01.2005 (Annexure-5) issued under the signature of the Special Officer, Dhanbad Municipality (Respondent No. 4) whereby the petitioners were informed that they would superannuate from service on their attaining the age of 58 years respectively.A further prayer has also been made for a declaration that the notification No. 5826 dated 26.10.2004 issued by the Government of Jharkhand enhancing the age of superannuation of Government employees is also applicable to the employees of Dhanbad Municipality.2. In support of their claim, the petitioners have raised the following grounds:(i) By notification No. S.O. 95 dated 25.06.1977 issued under Section 42(2) of the Bihar & Orissa Municipal Act, 1922, the service conditions under the Bihar Service Code as was applicable to the ...
Arya Kumar Lal Vs. Bihar State Electricity Board and ors.
Court: Jharkhand
Decided on: Nov-12-2008
Reported in: [2009(1)JCR163(Jhr)]
D.G.R. Patnaik, J.1. Prayer in this writ application as made by the petitioner is for issuance of a writ quashing part of the Memo No. 130 dated 24.01.2003 (Annexure-4 series) issued under the signature of the Financial Controller, Bihar State Electricity Board, Patna whereby and whereunder a direction has been issued to make payment of gratuity to the petitioner after deducting a sum of Rs. 29,777/-on account of excess payment. Further prayer has been made for a direction commanding upon the respondents to pay the arrears of salary as per revised pay scale with effect from April, 1997 to February, 1998 and also to pay the arrear of pension as per the new revised scales of pay due from 01.03.1998 to 03.04.2001 as also to pay the available dearness allowance with a further direction that the amount deducted from the gratuity should be paid along with interest @ 9% per annum.2. The petitioner retired from service under respondent B.S.E.B. from the Dhanbad Circle on 28.02.1998. When his p...
Badri Narayan Yadav Vs. the State of Bihar and ors.
Court: Jharkhand
Decided on: Nov-12-2008
Reported in: [2009(1)JCR158(Jhr)]
D.G.R. Patnaik, J.1. Prayer in this writ application is for an order directing the Respondents to pay the petitioner his salary and other dues from 13.09.1984 till date of his retirement on 13.12.2005, on the ground that denial of the salary for the aforesaid period, was totally illegal and unjustified on the part of the Respondents.2. The petitioner was appointed as a Police Constable on 11.10.1965 and since the date of his appointment he had rendered his services at various Police Stations including Jaldega Police Station. During his tenure of posting at the Jaldega Police Station, a criminal case for the offences under Sections 376, 109 and 120B of the I.P.C. was instituted against him and his senior officer of the Police Station. While the Senior Officer was made the principal accused for the offence of committing rape upon the prosecutrix of the said case, the petitioner was accused of having conspired with, aided and abetted the principal accused for committing the said offence. ...
Sita Ram Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Nov-12-2008
Reported in: [2009(1)JCR18(Jhr)]
ORDERD.G.R. Patnaik, J.1. The petitioner was initially appointed on 25.6.1979 as a Peon under the Adult Education, Department, Government of Bihar. Thereafter, on 25.7.1985, considering his qualification, he was appointed to a vacant class IN post of Typist clerk. The Adult Education Department was later on converted into Mass Education Department under the Directorate of Primary Education. Though he belonged to the Primary Education Department, his services were taken on deputation on the post of Typist cum Clerk under the Secondary Education under the Director of Secondary Education.2. On the plea that the Department of Mass Education was closed with effect from 15.5.2001, the payment of salary of the petitioner was stopped. Thereafter, the petitioner filed a writ application being WP(S) No. 1182 of 2002 before this Court. While disposing of the writ application, this Court directed the respondents to consider the petitioner's representation, both for payment of his salary as well as...
Biru Sao Vs. Manoj Kumar Soni and anr.
Court: Jharkhand
Decided on: Nov-12-2008
Reported in: [2009(1)JCR14(Jhr)]
M.Y. Eqbal, J.1. This application under Article 227 of the Constitution is directed against the order dated 08.3.2007 passed by Additional Munsif, Hazaribagh in Eviction Suit No. 02 of 1999 whereby he has rejected the petitioner's application purported to have been filed under Article XXII, Rule 10 read with Order I, Rule 10 C.P.C. seeking relief to prosecute the suit by adding him as plaintiff No. 2 on the ground, inter alia, that during pendency of the suit he had purchased the suit property from the plaintiff-respondent No. 2.2. The facts of lie in a narrow compass: The plaintiff-respondent No. 2 filed Eviction Suit No. 02 of 1999 against the defendant-respondent No. 1 for a decree of eviction on the alleged ground of default, personal necessity, damage and deterioration in the condition of the suit premises. The said suit was decreed ex parte by terms of judgment dated 20.8.1999. Thereafter, the plaintiff levied Execution Case No. 02 of 1999 for executing the decree of eviction. In...
Shailendra Singh Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Nov-12-2008
Reported in: [2008(119)FLR1101]; [2009(1)JCR150(Jhr)]
ORDERD.G.R. Patnaik, J.1. The petitioner was enrolled as a constable under the BSF during the year 1987. During militant action while he was deployed in Jammu and Kashmir, he sustained injury on 10.9.1992. A duly constituted medical board declared him unfit on 11.6.1999 on ground that he was 100% disabled. Consequently, he was retired from service due to physical unfitness on 10.11.1999 under the provisions of Rule 25-F of the BSF Act, 1969. with all benefits, except the pension since had allegedly refused to sign the pensionary papers, y Against the order of his retirement, 'the petitioner moved the Patna High Court in CWJC No. 3058 of 2000. While disposing of the said writ petition, the High Court remitted the case of the petitioner to the respondents to take an appropriate decision in accordance with the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the Disabilities Act). Pursuant ...
Suresh Prasad Singh and ors. Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Nov-12-2008
Reported in: [2009(1)JCR125(Jhr)]
M.Y. Eqbal, J.1. This appeal is directed against the judgment and award dated 4.12.1993 passed by Land Acquisition Judge, Dhanbad in Land Acquisition Reference Case No. 109/87, whereby and whereunder the reference case was dismissed and the compensation awarded by the Land Acquisition Authority was confirmed.2. The facts of the case lie in a narrow compass.The State Government acquired the land and house comprised within the plot No. 862/4 under Khata No. 136 of Mauja Hirapur within Dhanbad police station for extension of Dhanbad Divisional Jail under declaration No. 1588 dated 11.9.1975. The Land Acquisition Officer determined the compensation of the land and house standing thereon including statutory compensation at Rs. 1,53.506/-. The Land Acquisition Authority valued the land at Rs. 11,622.33 @ Rs. 63,684 per acre and Rs. 69,599/- and Rs. 5636/- for the house and well retrospectively. The appellants received the amount of compensation under protest and filed separate application un...
Bank of India Vs. Aswi Electricals,
Court: Jharkhand
Decided on: Nov-11-2008
Reported in: 2009(57)BLJR616; [2009(1)JCR444(Jhr)]
M.Y. Eqbal, J.1. This appeal is directed against the judgment and decree dated 30.9.1999 passed by Subordinate Judge-II, Seraikella in Money Suit No. 03 of 1997 whereby the suit filed by the plaintiff-appellant for recovery of a sum of Rs. 2,75,321=48 has been dismissed mainly on the ground that the same was barred by limitation.2. The plaintiff-Bank of India having its Adityapur branch, filed the aforementioned suit against the respondents for recovery of the loan amount together with interest taken by them. The plaintiff-appellants case inter alia was that defendant- respondent No. 2 as proprietor of defendant-respondent No. 1 M/s. Aswi Electricals, approached the plaintiff-bank for financial assistance by way of loan and cash credit facility. On the request of the respondents, the plaintiff-bank sanctioned a loan of Rs. 1,10,000/- and a cash credit facility to a limit of Rs. 60000/-. Respondent No. 2 for self and as proprietor of defendant No. 1 executed number of documents on 08.10...
Bhagwan Lal Vs. Sri Arvind Lal and ors.
Court: Jharkhand
Decided on: Nov-11-2008
Reported in: [2008(4)JCR561(Jhr)]
M.Y. Eqbal, J.1. This revisional application under Section 115(1) of the Code of Civil Procedure is directed against the judgment and order dated 29.9.2007 passed by Addl. Judicial Commissioner-II-cum-Special Judge, Ranchi in Misc. Case No. 02 of 2005 whereby he has rejected the petitioner's application purported to be under Order IX, Rule 6, CPC for setting aside the order dated 21.9.2001 by which the Probate Case was dismissed for default.2. It appears that petitioner-applicant filed application under Section 276 of the Indian Succession Act, 1925 for the grant of probate with regard to Will dated 28.4.1987. The said application was registered as Probate Case No. 172 of 1991. On being noticed, the Opposite Parties appeared and filed their no objection. The Court below thereafter framed issues and fixed the case for hearing. It is alleged that although the case was adjourned on different dates, but no step was taken by the petitioner or his advocate and as such, the Probate Case was d...
Haranganj Grih Nirman Sahyog Samiti Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Nov-11-2008
Reported in: [2009(1)JCR13(Jhr)]
ORDER1. This appeal has been, preferred by Haranganj Grih Nirman Sahyog Samlti against the order dated 3.7.2008 passed in W.P.(C) No. 6904/2007 by which the writ petition filed by the petitioner-appellant herein was dismissed holding therein that the land on which Encroachment Case No. 4/2003-04 was instituted was a raiyati land in the survey records of right which has been concurrently held by all the revenue authorities which include Circle Officer, Sub Divisional Officer, and the Deputy Commissioner and therefore, no action could have been taken under the provisions of Bihar Public Land Encroachment Act.2. Counsel for the appellant assailing the order passed by the learned Single Judge has submitted that the land in question is used as a public road and according to their averment, the road was constructed by the respondent-State.3. Mr. L.K. Lal, counsel appearing for the respondent-State however submitted that the land was constructed by the Cooperative Society itself and the land ...
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