Jharkhand Court December 2008 Judgments
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Radheshyam Sah Vs. Rajesh Kumar Sah and ors.
Court: Jharkhand
Decided on: Dec-15-2008
Reported in: AIR2009Jhar86
ORDERM.Y. Eqbal, J.1. Heard learned Counsel for the parties and with their consent, this application is disposed of at the admission stage itself.2. This revision under Section 115, CPC is directed against the order dated 5-9-2007 passed by Subordinate Judge-Ist, Dumka in Title Suit No. 113/2005, whereby he has rejected the application filed by the defendant-petitioner under Order 7, Rule 11, CPC.3. The plaintiff-respondent filed the aforementioned suit for declaration of title and recovery of possession of the suit property on the ground that he is the adopted son of Batasia Devi and Ram Dahin Sah, which was followed by a registered deed of adoption dated 16-1-1985. The adopted mother i.e. Batasia Devi died in the year 1987 and adopted father died in the year 1991. According to the plaintiff-respondent he acquired the valid right, title and interest over the suit property. However, the defendant No. 1 alleged to have obtained a fraudulent and fictitious registered deed dated 15-12-197...
Bharat Cocking Coal Ltd. and ors. Vs. Gopal Singh
Court: Jharkhand
Decided on: Dec-13-2008
Reported in: 2009(57)BLJR2697
1. This appeal has been preferred by the appellant-management of M/s. Bharat Coking Coal Ltd. (B.C.C.L. for shod) against the order dated 03.10.2002 passed in CWJC No. 1058 of 1995(R) by which the learned Single Judge had been pleased to remand the matter to the Managing Director of M/s. B.C.C.L. to pass appropriate order on the order of dismissal of the petitioner/respondent herein who had assailed the same by filing the writ petition referred to hereinbefore.2. The petitioner/respondent in the writ petition had prayed for quashing the order dated 23.09.1994 passed by the Agent of Barari Colliery with approval of the Chairman cum Managing Director of M/s. B.C.C.L., by which the petitioner/respondent had been dismissed from service summarily relying upon Clause 28 of the Certified Standing Order applicable to the employees of the said Colliery. The order of dismissal had been passed against the petitioner-respondent in view of the fact that he had committed misconduct by willfully dama...
Nandkeshwar Prasad Vs. Jharkhand State Electricity Boardand ors.
Court: Jharkhand
Decided on: Dec-12-2008
Reported in: [2009(1)JCR271(Jhr)]
D.G.R. Patnaik, J.1. Challenge in this writ application is against the order dated 27.09.2004 (Annexure-10) issued by the Respondent No. 5 whereby the petitioner's representation against the recovery of a sum of Rs. 92,169/- from his gratuity was rejected. A further prayer has been made for quashing the order dated 26.03.2003 vide Office Memo No. 1493 whereby an amount of Rs. 12,903/- has been recovered on the ground of delayed passing of Hindi Noting and Drafting Examination. The petitioner has also prayed for a direction upon Respondents to refund the entire amount recovered from the petitioner's salary and his retiral dues along with interest there on.2. The case of the petitioner in brief is that he was appointed as an Accounts Assistant and joined the office of the Electrical Superintending Engineer, Ranchi on 17.02.1965. Upon completion of 10 years of service on the same post and pay scale, he was granted selection grade vide office order dated 12.09.1980 with effect from 01.07.1...
Basant Kumar Choudhary Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-12-2008
Reported in: [2009(1)JCR296(Jhr)]
ORDERAjit Kumar Sinha, J.1. The present writ petition has been filed for the following reliefs;For issuance of a writ in the nature of mandamus or any other appropriate writ, order or direction, directing upon the concerned Respondent asking to show cause under what authority of law they are not allowing the petitioner to get pension as per his last pay scale i.e. 1400-2300, while he retired on 31.3.1994 as a Supervisor and the concerned Respondent (Respondent No. 5) dare to rectify his pay scale for relevant period of 1981-82 on 16.9.95, after one and half years of his retirement, without following the principle of natural justice asking him in a show cause, in this regard if so required.It has been further prayed to direct the respondent concerned to forthwith pay the revised arrear of pension and exceeded over amount till the date of final payment because the petitioner had no knowledge about the modification after receiving a letter sent to him by Respondent No. 4It has also been p...
Branch Manager, Oriental Insurance Company Ltd. Vs. Kunti Devi and ors ...
Court: Jharkhand
Decided on: Dec-12-2008
Reported in: AIR2009Jhar74; 2009(57)BLJR676; [2009(1)JCR556(Jhr)]
M.Y. Eqbal, J.1. This appeal by the appellant-Insurance Company is directed against the judgment and award dated 18.7.2006 passed by Motor Vehicle Accident Claims Tribunal, Palamau, Daltonganj in M.V. Case No. 9/2003, whereby he has awarded a sum of Rs. 94,500/- to the claimants for the death caused in a motor vehicle accident.2. The facts of the case lie in a narrow compass:On 14.10.2002 one Lalita Devi along with her son Manoj Kumar and other relatives were going on Jeep No. CG 15-8526 to see the Durga Mandap during festival season. While those persons were moving on the vehicle, due to negligent driving, the vehicle fell down from the bridge, as a result of which Lalita Devi and Manoj Kumar died instantly at the spot receiving grievous injuries. The jeep was owned by respondent Jagnarain Dixit, father-in-law of the deceased Lalita Devi. The heirs of the deceased filed application for grant of compensation. The heirs of Lalita Devi filed M.V. Case No. 7/2003 whereas the heirs of Mano...
Narayan Soren and ors. Vs. Ranjan Murmu and ors.
Court: Jharkhand
Decided on: Dec-12-2008
Reported in: AIR2009Jhar23
M.Y. Eqbal, J.1. This second appeal is directed against the judgment and decree dated 21.7.87 passed by 3rd Additional District Judge, Dumka in Title Appeal No. 4/83 affirming the judgment and decree passed by 2nd Additional Subordinate Judge, Dumka in Title Suit No. 34/78 whereby the suit filed by the plaintiffs-appellants was dismissed.2. At the time of admission of the appeal the following substantial question of law was formulated:Whether the courts below have erred in law in placing the onus on the plaintiff to prove that there was no custom of adoption by females among the Santhals?3. The facts of the case lie in a narrow compass.The plaintiffs-appellants filed the aforementioned suit for declaring that defendant No. 3, Rani Hansda, wife of Sundar Soren has no right to adoption and Balak Murmu is not the adopted son of Rani Hansda. The plaintiffs' case is that the plaintiff No. 1 is the agnate of Chandar Soren, husband of Rani Hansda. Other defendants are members of the same fami...
Bharat Engineering and Body Builder Co. Pvt. Ltd. Vs. Ramdeo Sharma
Court: Jharkhand
Decided on: Dec-12-2008
Reported in: [2009(1)JCR523(Jhr)]
ORDERD.G.R. Patnaik, J.1. Challenge in this writ application is to the order dated 28.2.2004 (Annexure-6) passed by the Presiding Officer. Labour Court, Jamshedpur, District-Singhbhum (East) in M.J. Case No. 15 of 1996, whereby the respondent, Ramdeo Sharma has been awarded one month notice pay and retrenchment compensation for the period from 1989-1994.2. The petitioner's case in brief is that the petitioner is an establishment carrying on trade and business of manufacturing, repairing and testing of body/machines of vehicles.Under an agreement dated 7.11.1998, the respondent, Ramdeo Sharma was appointed as a Production Manager in the petitioner's establishment for a period of one year commencing from 1.1.1989. The period was subject to further renewal by way of fresh agreements between the parties.After the expiry of the stipulated period in the agreement, the respondent No. 2 left the services of the petitioner and did not opt for renewal of the agreement.However, subsequently the r...
Yugeshwar Mochi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-12-2008
Reported in: [2009(1)JCR521(Jhr)]
ORDERD.G.R. Patnaik, J.1. Challenge in this writ application Is against the Notification No. 2824 dated 29.7.2008 (Annexure 2), issued under the signature of the Deputy Secretary in the Water Resources Department, Jharkhand whereby the petitioner has been transferred and posted as the Chief Engineer (Current Charges) from Jharkhand Police Housing Corporation Ltd., Ranchi to the Statistics Financial and Programme Implementation Department as the Chief Engineer (Current Charges).2. The petitioner was initially appointed in the Irrigation Department of the State of Bihar in December, 1972 as a Junior Engineer. He was finally promoted to the post of the Superintending Engineer and on reorganisation of the State, he was given the Jharkhand cadre where he was posted in the Irrigation Circle in Palamau at Daltonganj.3. By the recommendation of the Establishment Committee and vide a Notification No. 1336 dated 30.3.2008, his services was placed in the Jharkhand Police Housing Corporation Ltd.,...
Dr. Rajat Nath Roy Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-12-2008
Reported in: AIR2009Jhar67
ORDERD.G.R. Patnaik, J.1. Petitioner in this writ application, has prayed for an order for quashing, the direction contained in letter No. 2738 dated 16.7.2004 (Annexure-5/a) and letter No. 2957 dated 31.7.2004 (Annexure-5/b) respectively as also the letter dated 1355 dated 11.8.2004 issued by the respondent No. 2, under which the petitioner has been asked to deposit 50% of the market value of the lands by way of Salami for transfer of various plots of Khasmahal lease hold lands measuring 38.61 decimals out of plot Nos. 258 and 259 within the holding No. 79 situated at village Sarle within the P.S. and District of Hazaribagh. A further prayer has been made for issuing a writ of mandamus commanding upon the respondents to grant permission to the petitioner on the same terms and conditions of the original lease and not to make any additional condition in the terms of the lease.Earlier, vide W.P.(C) No. 3284 of 2001, the petitioner had filed a writ application before this Court praying fo...
Branch Manager, Oriental Insurance Co. Ltd. Vs. Kunti Devi and ors.
Court: Jharkhand
Decided on: Dec-12-2008
Reported in: 2009ACJ2795
M.Y. Eqbal, J.1. This appeal by the appellant insurance company is directed against the judgment and award dated 18.7.2006 passed by the Motor Accidents Claims Tribunal, Palamau, Daltonganj in M.V. Case No. 9 of 2003, whereby he has awarded a sum of Rs. 94,500 to the claimants for the death caused in a motor vehicle accident.2. The facts of the case lie in a narrow compass:On 14.10.2002 one Lalita Devi along with her son Manoj Kumar and other relatives were going on a jeep No. CG 15-8526 to see Durga Mandap during festival season. While those persons were moving on the vehicle, due to negligent driving, the vehicle fell down from the bridge, as a result of which Lalita Devi and Manoj Kumar died instantly at the spot receiving grievous injuries. The jeep was owned by respondent Jagnarain Dixit, father-in-law of the deceased Lalita Devi. The heirs of the deceased filed application for grant of compensation. The heirs of Lalita Devi filed M.V. Case No. 7 of 2003 whereas the heirs of Manoj...
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