Jharkhand Court March 2008 Judgments
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Court on Its Own Motion Pil Road of Ranchi Town, Vs. State of Jharkhan ...
Court: Jharkhand
Decided on: Mar-17-2008
Reported in: [2008(2)JCR439(Jhr)]
ORDER1. Heard the learned Counsel for the petitioners and the respondents. In pursuance of the order passed by this Court on 19th February, 2008, affidavit has been filed on 14.3.2008 by the Secretary, (Road Transport and Highways), Ministry of Shipping, Road Transport and highways. Government of India.2. From perusal of paragraph 6 of the aforesaid affidavit, it appears that in compliance of this Court's order dated 19.2.2008, the officials of the Central Government viz., Senior Executive Engineer, Regional Office, Patna and ELO, Ranchi have inspected the important stretches of National Highways in Jharkhand in February/March 2008 from Hazaribagh-Ranchi-Jamshedpur section of NH 33, Hazaribagh, Bihar border section of NH 31, Ranchi Gumla Orissa border Section of NH 23, Chas Ramgarh Section of NH 23, Chandil Dhanbad Section of NH 32, Gumla Chhatisgarh border of NH 78, Hazaribagh Chatra Section of NH 100 and they have found contents of the reports filed by the State Government to be gene...
Binita Marandi and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-17-2008
Reported in: [2008(2)JCR438(Jhr)]
ORDERR.K. Merathia, J.1. Mr. Prashant Pallav, appearing for the petitioners, submitted that petitioners who were graduates and working as Angan Bari Sevika since 1983 were not allowed to appear in the examination on the ground that they crossed the upper age limit. He argued that there is no bar for an Angan Bari Sevika, from applying against the direct recruitment of 75% posts of Supervisors and, therefore, the age relaxation of five years provided in Clause 7 of the Rules in question is applicable to the candidates directly applying for appointment of Supervisor against 75% posts and not to the candidates applying against the rest 25% posts. He thus submitted that there is no upper age limit at all for such Angan Bari Sevika, who applies against 25% posts, like the petitioners. He lastly submitted that recruitment of Class III post is to be done through Public Service Commission, but an advertisement was issued on 28.11.2007 from the office of the Divisional Commissioner for filling ...
Pushpanjali Construction Through Its Partner Vs. State of Jharkhand an ...
Court: Jharkhand
Decided on: Mar-17-2008
Reported in: [2008(2)JCR441(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties.2. Mr. Ajit Kumar, appearing for the petitioner submitted that the entire tender process arising out of NIT No. 3 of 2007-08 vide advertisement dated 14.12.2007 (Annexure-1) for construction of road in the Rural Engineering Organisation (R.E.O. for short) Works Circle, Giridih be quashed, as the tender documents submitted by respondent No. 7 were not signed and sealed by the competent officer and, therefore, there has been big scam in the process.3. On 10.3.2008 the concerned Chief Engineer was asked to bring the tender documents of petitioner and respondent No. 7.4. Mr. Sumeet Gadodia, J.C. to Advocate General, appearing for the State, produced the copies of the tender documents of petitioner and respondent No. 7 to show that the tender documents were obtained by the parties from the office of the Chief Engineer and also from the office of the Executive Engineer. The petitioner purchased the tender documents from the office of the Chief Engin...
Minor Prem Yadav Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Mar-17-2008
Reported in: [2008(3)JCR203(Jhr)]
ORDER1. This appeal, by the claimant-appellant, is directed against the judgment and award passed by the Motor Vehicle Accident Claims Tribunal, Dhanbad in M.V. Case No. 207 of 2003, whereby it has awarded a sum of Rs. 1,10,041/- for the injury sustained by the claimant in a Motor Vehicle Accident.2. The claimant-appellant was dashed by the jeep belonging to B.C.C.L., which was driven very rashly and negligently, as a result of which the right hand of the claimant-appellant was badly crushed and his left hand was also fractured. The Tribunal after considering the evidence has assessed the compensation of Rs. 1,10,041/-.3. When the appeal was taken up for hearing on the last date, learned Counsel appearing for the appellant submitted that the amount of compensation is in a very lower side considering the extent of injury caused to the claimant. Learned counsel further submitted that the right fingers and palm have been totally smashed because of the accident.4. In order to find out the ...
Tata Iron and Steel Company Ltd. Vs. the Regional Provident Fund Commi ...
Court: Jharkhand
Decided on: Mar-17-2008
Reported in: [2008(4)JCR384(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this interlocutory application, the petitioner has prayed for stay of the order dated 14th January, 2008, whereby an order has been issued for attachment of the bank account of the petitioner.2. It has been submitted that the respondent Nos. 1 and 2 have fasten the liability on the writ petitioner stating that they are Principal Employer, whereas respondent No. 3, M/s. Jagriti, is an independent charitable trust having no administrative control of the petitioner and that respondent No. 3 was declared charitable trust by the respondent No. 1 itself. However, the respondent No. 3 is liable to pay the contribution, if any, they are given separate registration and Provident Fund Code. The petitioner has got no concern with the employees of respondent No. 3. They are not the principal employer of the employees of the respondent No. 3. Surprisingly, by order dated 14th January, 2008, petitioner's bank account has been sought to be attached.3. Learned Counse...
Shivam Coke Industries and Rani Sati Coke Manufacturing Company Vs. St ...
Court: Jharkhand
Decided on: Mar-14-2008
Reported in: [2008(2)JCR267(Jhr)]; (2008)18VST289(Jharkh)
M.Y. Eqbal, J.1. In these writ petitions, since common questions of law and facts are involved, they have been heard together and are disposed of by this common judgment.2. In W.P. (T) No. 6377 of 2007, the petitioner-assessee has prayed for quashing the notice dated 20.2.2007 issued by the Joint Commissioner of Commercial Taxes (Admn.), Dhanbad Division, Dhanbad whereby he has initiated suo motu revision proceedings under Section 46(4) of the Bihar Finance Act, 1981 and further for a declaration that the impugned notice issued by the Joint Commissioner is bad in law and does not fulfill the mandatory requirement of the Act. The petitioner also seeks a direction upon the respondents to refund the excess amount realized from it by the respondents for which refund applications of the petitioner are pending before them. By filing amendment petition, the petitioner also sought for quashing the order dated 26.11.2007 passed by respondent No. 3 Joint Commissioner of Commercial Taxes by which...
Kishore @ Kishore Modi Vs. State of Jharkhand
Court: Jharkhand
Decided on: Mar-14-2008
Reported in: [2008(2)JCR551(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the learned Counsel for the parties.2. The petitioner is one of the accused in this case in which trial is going on for the offence under Sections 302, 307, 324, 325, 326/34 IPC and Section 3/4 of the Prevention of Witch (Daain) Practices Act, 1999. His prayer for bail was earlier rejected by this Court on 17.8.2007 considering the fact that the Trial has already commenced and two witnesses have already been examined. However, the trial Court was directed to expedite the trial and conclude the same within six months and the liberty was given to the petitioner to renew his prayer for bail if the trial is not conducted within the said period.3. Now, by filing this bail application the prayer for bail has been renewed on behalf of the petitioner mainly on the ground that in spite of the time fixed by this Court, the trial has not yet been concluded and up till now only two witnesses have been examined.4. From the impugned order dated 7.3.2008, rejecting t...
Kinkar Mandal and ors. Vs. Eastern Coal Fields Ltd.
Court: Jharkhand
Decided on: Mar-14-2008
Reported in: [2008(2)JCR491(Jhr)]
M.Y. Eqbal, J.1. This application under Article 227 of the Constitution of India is directed against the order dated 16.5.2006 passed by Additional Munsif 2nd at Dhanbad in Title Suit No. 48 of 2003 whereby defendants/petitioners' application for acceptance of show cause filed by them be treated as written statement has been rejected and further for quashing the order dated 31.12.2005 by which petition filed by the defendants/petitioner Nos. 2 to 5 for recall of the order dated 17.3.2005 was also rejected as time barred.2. The facts of the case lie in a narrow compass:The plaintiff-respondent filed Title Suit No. 48 of 2003 for a decree of permanent injunction restraining the defendants, their servants and agents from interfering in any manner with the mining operation carried over in the suit land. On being summoned, the petitioners, who are defendant Nos. 2 to 5, appeared and filed show cause to the injunction application filed by the plaintiff under Order XXXIX, Rules 1 and 2 of the...
Wakil Ahmad Khan Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-14-2008
Reported in: [2008(2)JCR646(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties finally.2. Mrs. Jaya Roy, appearing for the petitioner, submitted that petitioner completed the age of 50 years on 4.11.1998. Thereafter, he was given second time bound promotion by the district Order No. 381 dated 23.2.1989 (Annexure-2) subject to approval, but the matter was kept pending. In the meantime, petitioner retired on 1.12.1996. Petitioner filed writ petition being CWJC No. 2605 of 2000 (R) for a direction on the respondents to regularize the said second time bound promotion and to pay retiral benefits on that basis. The said writ petition was disposed of on 13.2.2001 by remitting the matter back to the concerned authority to determine as to whether the petitioner was exempted from the date he attained the age of 50 years in terms of Circular No. 2122 dated 1st April, 1986 read with letter dated 21st June, 1988. It was further observed as follows:It is needless to say that if the relaxation is allowed, the petitioner will be entitle...
Eqbal Shariff Vs. Md. Sawood Khan
Court: Jharkhand
Decided on: Mar-14-2008
Reported in: [2008(3)JCR83(Jhr)]
ORDERD.G.R. Patnaik, J.1. Appellant has preferred this appeal against the judgment of the lower appellate Court, whereby the judgment and decree passed by the trial Court in eviction suit No. 61 of 2004 has been confirmed in favour of the respondent/plaintiff and against the appellant/defendant.I.A. No. 464 of 2008 has been filed by the appellant praying for stay of the execution case vide Execution Case No. 11 of 2007 pending in the Court of Munsif Magistrate, Jamshedpur.2. Counsel for the appellant explains that the suit was filed by the respondent/plaintiff for eviction of the appellant/defendant from the residential quarter on the ground that the quarter was let out to the defendant on the monthly rent and that the defendant had defaulted in payment of the monthly rent. The trial Court recorded its findings in favour of the plaintiff by observing that relationship of landlord and tenant between the plaintiff and the defendant was established and that, the defendant had defaulted in...
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