Jharkhand Court February 2008 Judgments
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Kunj Bihari Sharma and anr. Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Feb-18-2008
Reported in: [2008(2)JCR500(Jhr)]
R.K. Merathia, J.1. Petitioners are claiming regularization. They earlier filed writ petition being W.P.(S) No. 7242 of 2006 which was disposed of on 18.12.2006. On the submission of learned Counsel, appearing for the respondents, the competent authority was directed to consider the petitioners' representation. Pursuant to the said order the competent authority of the Ministry of Coal considered petitioners' representation and rejected it on 12.4.2007 by passing the following order:Legally, the Part-Time Tribunal at Ranchi, has been set up under the ' provision of the CBA (A&D;) Act, 1957, with the objective to settle disputes regarding payment of compensation against land acquisition under the said Act. The establishment of the Tribunal is for a limited period and its tenure is extended from time to time subject to the number of pending cases for disposal. Further, the working of the Tribunal is part-time in nature and is not permanent. You have been appointed on purely temporary basi...
Tileshwar Sahu Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-18-2008
Reported in: [2008(2)JCR358(Jhr)]
1. We have heard Mr. Anil Kumar, learned Counsel for the appellant and Mr. Sumeet Gadodia, learned JC to AG.2. This appeal under Clause 10 of the Letters Patent is directed against the judgment dated 6.11.2007 passed in WP (C) No. 1578 of 2007 whereby the writ petition filed by the petitioner-appellant for quashing the notification dated 16.3.2007, removing him from the post of Chairman, Jharkhand State Pollution Control Board, has been dismissed.3. It appears that petitioner-appellant was earlier appointed as Chairman, Jharkhand State Pollution Control Board (hereinafter referred to as 'the Board') by notification dated 11.5.2005. After the re-constitution of the Board in terms of Section 4(1)(2) of the Water (Prevention and Control of Pollution) Act, 1947 (hereinafter referred to as 'the Act') petitioner-appellant was allowed to continue as the Chairman of the Board. In 2006 the order was issued for removing the petitioner-appellant from the post of Chairman of the Board which was ch...
Minni Devi Vs. Chairman, Bank of Baroda and ors.
Court: Jharkhand
Decided on: Feb-18-2008
Reported in: [2008(2)JCR576(Jhr)]
ORDERNarendra Nath Tiwari, J.I.A. No. 625 of 2008:1. In this I.A., the petitioner has prayed for stay of the notice of auction dated 11.2.2008 published in the daily newspaper 'Prabhat Khabar'.2. It has been stated that the respondent, in exercise of power under Section 13(4) of S.R.F.A., E.S.I.F. Act, 2000, has directed the assets of the petitioner and another co-sharer to be sold by auction as the landed property was mortgaged for taking the loan. It has been stated that the next date i.e. 2.8.2007 was fixed to deposit amount by the petitioner, but she could not arrange the same in time, as directed by this Court. Earlier, it has been stated that the petitioner alone is not the owner of the property and there are other co-sharers also.3. Learned Counsel appearing on behalf of the respondents vehemently opposed the prayer of the petitioner and submitted that almost on the same ground, the petitioner has been able to obtain the order of stay of the auction process vide order dated 23.7...
Oriental Insurance Co. Ltd. Vs. Mina Devi and ors.
Court: Jharkhand
Decided on: Feb-18-2008
Reported in: [2008(2)JCR711(Jhr)]
ORDER1. This appeal by the Insurance Company is directed against the judgment and award dated on 3rd April, 2006 passed by Motor Vehicles Accidents Claims Tribunal, Godda in MVAC Case No.32/2004 whereby a sum of Rs. 4,39.500/-has been awarded.2. Learned Counsel appearing on behalf of the appellant assailed the award on the sole ground that the quantum of compensation assessed by the Tribunal is on higher side. According to the learned Counsel the deceased was a mason and according to the evidence his daily earning was Rs. 135-140/- and in that view of the matter compensation of 4 lacs and odd ought not to have been awarded.3. From perusal of the judgment it appears that after appreciation of entire evidence the Tribunal has come to the conclusion that the deceased's monthly income was Rs. 4,000/-. Taking the aforesaid amount the annual dependency was assessed at Rs. 16,000/- and by applying 15 years of purchase, a sum of Rs. 4,80,000/- has been assessed. In additional to that the Court...
Autari Paswan Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-18-2008
Reported in: [2008(3)JCR96(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition, the petitioner has prayed for quashing the notice for inviting application for re-tendering of Dulki Water Tank, Hunterganj, District Chatra by Letter No. 1119 dated 24th October, 2007, after taking decision for settling the said tank with the petitioner and accepting the earnest money from him for settlement.2. It has been stated that the petitioner earlier responded to the NIT for settlement of the said tank. The petitioner had participated and had quoted his bid, which was found to be the second highest. The first highest bidder failed to deposit the earnest money. According to the term of the bid, the petitioner, being the second highest bidder, was invited by the respondents by notice dated 20th July, 2007. The petitioner was asked to deposit earnest money of his bid. The petitioner deposited the same and receipt thereof has not been denied by the respondents. The petitioner was, thereafter, asked to submit a draft agreement which he a...
Ajit Kumar Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-18-2008
Reported in: [2008(3)JCR220(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ petition, the petitioner has prayed for a direction on the respondents to take measurement of the work done by the petitioner and to pay admissible amount and also to release the security money and advance money to the petitioner and further to close the contract.2. It has been stated that according to the petitioner, he was awarded contract work under the scheme, namely, Kuldiha Check Dam-cum-Cause Way by virtue of an agreement dated 9th October, 2004. In pursuance of the said agreement, the petitioner started the work. Nobody of the Department was available at the site for giving instruction regarding said contractual work. The petitioner aggrieved by the said non-co-operation wrote to the respondents for giving instruction, but in spite of his repeated requests, the same was not heeded upon. The petitioner had to face agitation of the villagers for not completing the work. In such situation, the petitioner made application to the responde...
A.P. Arya Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Feb-15-2008
Reported in: 2008CriLJ3350; [2008(2)JCR41(Jhr)]
ORDERR.R. Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceeding of Complaint Case No. C1/471 of 2006, pending in the Court of Judicial Magistrate, 1st Class, Jamshedpur including the order dated 3.2.2007 holding therein that the prima facie case is made out against the petitioner under Section 11 (1)(a)(c)(e)(f)(g)(h)(i) and (1) of the Prevention of Cruelty to Animals Act and thereby issued summon to the petitioner to face trial.2. Before adverting to the submission advanced on behalf of the parties, case of the complainant needs to be stated hereunder:The complainant-opposite party No. 2, President of Jamshedpur Animal Welfare Society, an NGO recognized by Animal Welfare Board of India Chennai lodged the case on 17.4.2006 alleging therein that a legal notice had been issued to the petitioner, Vice-President of M/s. Tata Motors intimating therein that under his instruction Telco Town Health Departmen...
Sunil Kumar Giri and ors. Vs. Ram Dulari Devi and ors.
Court: Jharkhand
Decided on: Feb-15-2008
Reported in: [2008(2)JCR68(Jhr)]
M.Y. Eqbal, J.1. This appeal is directed against the judgment and award dated 24.5.2006 passed by Additional Motor Vehicles Accident Claims Tribunal, Giridih in M.V. Claim Case No. 08 of 2003 whereby he has dismissed the claim petition holding that the compensation amount has been received by the claimants-appellants in full and final settlement of the claim.2. The facts of the case lie in a narrow compass:The deceased Sweta Giri, wife of Sunil Kumar Giri and Sunita Bharti, wife of Sub-hash Bharti were dashed by the offending vehicle and died. The deceased Sunita Bharti was the sister of Sunil Kumar Giri. Two claim petitions were filed, one by the present appellants, Sunil Kumar Giri along with his two sons and daughter being; Claim Case No. 08 of 2003 claiming compensation for the death of his wife. Another case being Claim Case No. 51 of 2003 was filed by Subhash Bharti claiming compensation for the death of his wife-Sunita Bharti. Sunita Bharti was the sister of Sunil Kumar Giri. In...
Manorma Devi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-15-2008
Reported in: [2008(2)JCR172(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties finally.2. Petitioner has challenged the order dated 19.4.2002 passed by the Land Reforms Deputy Collector (L.R.D.C.), Barhi at Hazaribagh respondent No. 5 (Annexure 5).3. Jageshwar Sao, the predecessor in interest of respondents No. 5 to 9 (private respondents) filed a petition for cancellation of jamabandi running in the name of petitioner before the L.R.D.C. Koderma, Hazaribagh which was registered as Misc. Case No. 2 of 1985-86. By order dated 27.11.1987, the L.R.D.C. dismissed the said petition after considering the materials placed before him and after hearing the parties. He held that petitioner was in possession and Jageshwar Sao was not in possession. Against the said order an appeal was filed in which the case was remanded by order dated 18.5.1988. After remand, the L.R.D.C. Koderma after hearing the parties, affirmed his earlier order, by order dated 31.7.1989 (Annexure-2) holding that jamabandi in the name of petitioner has validly...
Jharkhand Rajya Sahkarita Prabandhak Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-15-2008
Reported in: [2008(2)JCR155(Jhr)]
ORDERR.K. Merathia, J.1. Mr. Pankaj Kumar, appearing for the State of Bihar, submitted that yesterday, a similar case W.P. (S) No. 3634 of 2002 was disposed of and order can be passed in this case also, in those terms.2. Heard the parties finally.3. This writ petition has been filed by the petitioner claiming to be an Association of the Paid Managers of different Co-operative Banks in Jharkhand. The grievance is that salary, dearness allowance has not been paid to the members of the petitioner.4. The stand of the respondent State of Jharkhand is that only for strengthening the cadre fund, the managerial subsidy is provided which cannot be claimed as a matter of right by the members of the petitioner. However, after creation of Jharkhand the Co-operative department has already paid managerial subsidy w.e.f. 2001 to 2005. It is not known whether prior to creation of Jharkhand the State of Bihar has paid the amount of subsidy or not. The further stand of the respondents is that the member...
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