Jharkhand Court February 2008 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Rehan Ahmad @ Mojahid Rehan Ahmad @ Majid Rehan and ors. Vs. State of ...
Court: Jharkhand
Decided on: Feb-15-2008
Reported in: [2008(2)JCR153(Jhr)]
ORDERD.K. Sinha, J.1. The petitioners have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer for the quashment of the entire criminal proceeding including the First Information Report of Katkamsandi P.S. Case No. 158 of 2005 against the petitioners for the offence under Section 290 of the Indian Penal Code as also under Sections 5, 6 and 7 of the Immoral Traffic (Prevention) Act, 1956 and the order taking cognizance passed by the Chief Judicial Magistrate, Hazaribagh on 2.12.2005 now pending before the Additional Sessions Judge. FTC VII. Hazaribagh.2. The prosecution story in short was that the informant, Sub-Inspector of Police of Katkamsandi police station intercepted a Maruti Van No. BR24B/9725 when the vehicle attempted to escape at the sight of the police party by speeding up. On interception, the informant found four persons-sitting there in the vehicle who were the petitioners and one Manisha Tirkey. On search of ...
Sudhansu Prasad Mandal Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-15-2008
Reported in: [2008(2)JCR149(Jhr)]
R.K. Merathia, J.1. After the order was dictated on 1.2.2008, certain clarification was sought on 8.2.2008.2. This writ petition was filed on 17.10.2001 claiming up-to-date salary since January 1994.3. Admittedly petitioner worked on daily wages under the then Deputy Director, Health Services (Tuberculosis), Bihar, Patna - Dr. A.A. Mallick and as per his order he was adjusted temporarily at Dumka on or about 26.6.1987 (Annexures-1 and 5).4. Petitioner's case is that his name was inserted in the list of the employees terminated on 11.5.1993 by hand, as would appear from the subsequent show-cause notices issued to him regarding validity of his appointment.5. On 19.7.2006, a Bench of this Court disposed of this writ petition observing that no finding can be given on the aforesaid disputed question of fact under Article 226 of the Constitution of India and the petitioner may move before the appropriate authority, subject to limitation, if any.6. Against the said order, petitioner filed an ...
Dhanbad Cold Storage Pvt. Ltd. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-15-2008
Reported in: [2008(3)JCR17(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition, the petitioner has prayed for a direction on the respondents to grant and release Capital Subsidy, Interest Subsidy and Subsidy on Stamp Duty and Registration, as recommended by the General Manager, District Industries Centre, Dhanbad, respondent No. 3, by his letters dated 10th May, 2003 and 21st May, 2003, contained in Annexures- 3, 3/1 and 4, respectively. The petitioner has also prayed to a direction on the respondents to compensate it for the delay and lapses on the part of the respondents in releasing the amount of subsidies and frustrating the object of Industrial Policy, 2001.2. It has been stated that the petitioner is a private limited company and runs a cold storage. According to the Jharkhand Industrial Policy, the petitioner is entitled for various physical incentives, such as Capital Subsidy, Interest Subsidy and Subsidy on Stamp Duty and Registration. The petitioner applied for subsidy as per the Industrial Policy with all ne...
Birendra Prasad Sahu @ Birendra Prasad and ors. Vs. State of Jharkhand ...
Court: Jharkhand
Decided on: Feb-15-2008
Reported in: [2008(3)JCR75(Jhr)]
ORDERR.R. Prasad, J.1. This application has been filed under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding of Complaint Case No. 1092 of 1998 (T.R. No. 73 of 2005) including the order dated 7.12.1998 whereby and whereunder learned Sub-Divisional Judicial Magistrate, Giridih took cognizance of the offences under Sections 147, 148, 149, 120-B, 452, 323, 341, 342, 354, 380 and 384 of the Indian Penal Code against the petitioners.2. Learned counsel appearing for the petitioners submitted that the complainant-opposite party No. 2 filed a complaint which was registered as Complaint Case No. 1092 of 1998 alleging therein that on 8.8.1995 the petitioners and other accused persons came variously armed to her house and held out threat of life to her husband and some of them, assaulted her and also dragged her by catching hold her hair and then accused persons took away household articles as well as articles of her shop and they also took the signatures...
Maheshwar Pratap Singh Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Feb-14-2008
Reported in: 2008(56)BLJR1348; [2008(2)JCR110(Jhr)]
ORDERD.G.R. Patnaik, J.1. In this writ application, petitioner has prayed for issuance of a writ for quashing he order dated 13.6.2006 passed by the 2nd Additional Sessions Judge, Hazaribagh in Cr. Revision No. 06 of 2006, whereby revision preferred by the petitioner was dismissed against the order dated 1.8.2005 passed by the Sub Divisional Magistrate, Sadar, Hazaribagh in Misc. Case No. 42 of 2000 whereby proceeding initiated under Section 147 of the Cr. PC was dismissed.2. Petitioner has raised following questions of law, 1. Whether the order passed by the Sub Divisional Magistrate dropping the proceeding under Section 147 of the Cr. PC in spite of the evidences on record indicating the disputes between the parties over the right of user of the land, is illegal and without proper appreciation of the provisions of Section 147 of the Cr. PC? 2. Whether the impugned orders passed by the both the courts below are vitiated in law due to error of record?3. Facts of the case in brief are t...
Diamond Construction Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-14-2008
Reported in: [2008(2)JCR109(Jhr)]
ORDERRamesh Kumar Merathia, J.1. Heard the parties finally.2. The petitioner filed a writ petition being WP (C) No. 5667 of 2006 which was disposed of by passing the following order:Petitioner has come up against the order dated 28th August, 2006, issuing distress warrant against its proprietor in Certificate Case No. 01 of 2006-07.It is settled law that a writ Court cannot settle the civil disputes and no illegality in the proceedings, initiated by the Certificate Officer, has been pointed out.Learned Counsel appearing for the petitioner, however, submits that the petitioner may be allowed some reasonable time to deposit the outstanding amount. In view of this statement, the writ petition is disposed of with a direction to the Certificate Officer, Bermo (Tenughat), not to execute the distress warrant, issued in Certificate Case No. 01 of 2006-07 for a period of two months from today. If the petitioner fails to deposit the amount in question within the aforesaid period of two months, t...
Baij Nath Koiri and Kaushalya Devi Vs. Bharat Coking Coal Ltd. and ors ...
Court: Jharkhand
Decided on: Feb-14-2008
Reported in: [2008(2)JCR158(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties finally. Both these writ petitions are being disposed of by this common order.2. It is submitted on behalf of Kaushalya Devi that Baijnath Koiri agreed to pay Rs. 500/- per month and also 1/4th of the gratuity and provident fund to her as far back as on 13.1.1985 before the Desertion Cell of Deputy Commissioner, Dhanbad and as per this agreement, Rs. 500/-was deducted from his salary and was paid to her till he retired. Therefore, he may be directed to fulfill his commitment, by paying Rs. 500/- per month and 1/4th of the gratuity and provident fund. It is submitted on behalf of the Baijnath Koiri that the order of Desertion Cell has got no force of law and that he did not sign on any agreement. It is further submitted that Kaushalya Devi filed a suit (T.S. No. 98 of 2003) in the Munsif 1st Court at Dhanbad, for permanent maintenance, but it was dismissed for default. She also filed a case being M.P. Case No. 74 of 2006, in the Family Court at...
Most. Tetari Devi Vs. Regional Commissioner, Region-ii, C.M.P.F. and o ...
Court: Jharkhand
Decided on: Feb-14-2008
Reported in: [2008(2)JCR345(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition, the petitioner has prayed for a direction on the respondents to fix the family pension and pay the amount of C.M.P.F., which the petitioner is entitled to receive the same after the death of her husband on 2.1.2004.2. It has been stated that the petitioner's husband, Churan Ganjhu who was working in Kedla Underground Project, Central Coalfields Limited as piece rated worker, died in harness on 2.1.2004. The petitioner's husband was a member of C.M.P.F. being C.M.P.F. A/c. Number RMG/12-264 and his employment code was 475448. The petitioner being widow of late Churan Ganjhu, applied for family pension and C.M.P.F. and other benefits, payable on death of the employee. The petitioner got amount of gratuity from the employer, but still the family pension and amount of C.M.P.F. have not been paid to her, in spite of repeated requests and representations.3. A counter-affidavit has been filed on behalf of respondent Nos. 2 to 5 stating, inter alia...
Nanku Mallah Vs. Central Coalfields Limited and ors.
Court: Jharkhand
Decided on: Feb-14-2008
Reported in: [2008(2)JCR672(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ petition the petitioner has prayed for a direction on the respondents to fix and pay his pension and also to pay the night allowance and other admissible benefits. It has been stated that after attaining the age of 60 years, the petitioner superannuated from service as Mining Sirdar on 31.12.1995. The petitioner was appointed as Coal Cutter on 31.12.1962 in Dakra Colliery of the C.C.L. During his service period, he was given promotion to the post of Mining Sirdar and as per NCWA.-IV Paras 2-11, on completion of 10 years of service in the same grade, he was upgraded to the next higher grade. After his retirement the petitioner was also given No Dues Certificate. The petitioner was entitled to get the amount of C.M.P.F., Gratuity and pension. He has received the amounts of C.M.P.F. and gratuity, but the pension has not been fixed and paid to the petitioner till date. It has been submitted by learned Counsel for the petitioner that 2% was deduc...
Ajay Kumar Thakur Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-14-2008
Reported in: [2008(117)FLR784]; [2008(2)JCR580(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ petition, the petitioner has prayed for quashing the Memo No. 826 dated 10.10.2006, contained in Annexure-6, issued by the respondent No. 2, whereby the petitioner was put under suspension on the charges that he remained absent without giving any information. The petitioner has further prayed for a direction on the respondents to pay salary, which has not been paid since May, 2006.2. It has been stated that even after lapse of more than a year and half, no memo of charge has been served on the petitioner. No departmental proceeding has been initiated. Even the subsistence allowance has no been paid to the petitioner during the period of his suspension.3. A counter-affidavit has been filed on behalf of the respondents stating, inter alia that the charge has already been framed and the departmental proceeding has been initiated against the petitioner and in view of the said pendency of the departmental proceeding, the petitioner's prayer for q...
- ‹ Prev
- 4
- 5
- 6
- 7
- 8
- 10
- 11
- 12
- 13
- 14
- Next ›
- Last »