Jharkhand Court April 2008 Judgments
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Rajneesh Mishra Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-28-2008
Reported in: [2008(3)JCR335(Jhr)]
ORDER1. Today an affidavit has been filed on behalf of the District Bar Association.2. According to the said affidavit, 336 Lawyers, in pursuance of the orders passed by this Court earlier, are being shifted from Verandah of Ranchi Civil Court to the newly constructed five rooms, in which most of the Lawyers will occupy their allotted space from today, though repairing and electrical works are still going on: though at present five rooms are available in the existing allotted building, which is ideal for more than 150 Lawyers, 336 Lawyers have been shifted from the Verandah; 55 decimals of land has been allotted to the Ranchi District Bar Association and possession whereof handed over to the Association oh 6.3.2008 and only five rooms are available over only about 20% of the land and new space has been provided to the Bar Association for accommodation of its all Members, for which a map is being prepared and as per the suggestion of the Engineer, the constructed area may be demolished ...
Manju Rani Patra Vs. Ranchi University Through Its Vice-chancellor and ...
Court: Jharkhand
Decided on: Apr-28-2008
Reported in: [2008(3)JCR337(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties finally.2. It appears that as the representation of the petitioner made pursuant to the order dated 8.5.2006 passed in W.P. (C) No. 869 of 2006 (Annexure 1) was not disposed of. petitioner filed writ petition being W.P. (C) No. 1150 of 2007 which was disposed of on 26.6.2007 directing the respondents to dispose of the representation of the petitioner. Pursuant to the said order, the petitioner was heard and after examining her case, her representation has been rejected by order dated 23.7.2007 (Annexure 5) which is impugned in this writ petition.3. Mr. Swapan Maji, appearing for the petitioner, submitted that as per the Letter No. P/1677-81 dated 10.7.1991, she submitted her thesis along with the requisite fees and, therefore, Ph.D. degree should have been awarded to her, but her representation has been wrongly rejected. He further submitted that the petitioner produced the certificates annexed with the writ petition before the authority conce...
Binita Anand Vs. Sidhu Kanhu Murmu University and ors.
Court: Jharkhand
Decided on: Apr-25-2008
Reported in: [2008(3)JCR340(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard Mr. S.N. Prasad, learned Counsel appearing for the petitioner and Mr. Piprawall, learned Counsel appearing for the respondents University.2. In the present writ application the grievance of the petitioner is that though she appeared in all the papers of B.Sc. Botany (Honours) Part I examination held in the month of December 2006 but she has been wrongly and illegally declared fail in the said examination on the ground that she did not appear and was absent in Botany Paper II examination though she, in fact, appeared in the said Botany Paper II examination and, therefore, the prayer has been made to direct the University to rectify the mistake and declare her result accordingly.Another prayer of the petitioner is that she may be allowed to appear in the Botany (Honours) Paper II examination, which was going to be held on 16.4,2008. She has also prayed for awarding adequate compensation for her sufferings due to mental agony and harassment at the hands o...
Bala Krishna and Company Vs. Presiding Officer, Labour Court and ors.
Court: Jharkhand
Decided on: Apr-24-2008
Reported in: [2008(118)FLR304]; [2008(2)JCR712(Jhr)]
D.G.R. Patnaik, J.1. The petitioner has prayed for quashing the order dated 15.7.1995, passed in P.W. Case No. 4 of 1991 and P.W. Case No. 75 of 1993 by the Presiding Officer, Labour Court, Jamshedpur, whereby and whereunder, the petitioner was directed to pay a sum of Rs. 10,452/-, as deducted wages along with compensation of Rs. 20,904/- to the respondent No. 2.2. Facts of the case in brief are that:The petitioner-Company is a Private Ltd. Company, registered under the Companies Act and is a contractor, undertaking fabrication work.The respondent No. 2 was a workman, employed under the petitioner as a Rigger since 1976:On the ground that he has been denied wages since June, 1990 to May, 1991 on false and flimsy pretexts, the respondent No. 2 filed his application before the Court below vide PW Case No. 4 of 1991 claiming from the petitioner/opposite party, a sum of Rs. 10,452/- towards deducted wages and a further sum of Rs. 1,04,520/- by way of compensation.On a similar ground that ...
Dr. Ram Krishna Mishra Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-23-2008
Reported in: [2008(3)JCR36(Jhr)]
D.G.R. Patnaik, J.1. The petitioner on his appointment to the post of Block Animal Husbandry Officer had Joined the post on 30.5.1979 within the district of Begusarai (Bihar). On the bifurcation of the erstwhile State of Bihar his, services were allocated to the State of Jharkhand and he was posted as Sub Divisional Animal Husbandry Officer. Dumka, in July by notification date of 30.5.2005.2. By notification dated 27.8.2006, he was transferred in the same capacity to Jamshedpur where he joined on 1.9.2006. In the same year by notification dated 29.12.2006, he was again transferred to Kolibera (Seraikella). Against this order of transfer, the petitioner filed, writ petition being WP(S) No. 91 of 2007 seeking quashing of the order of his transfer as contained in memo No. 2898 dated 29.12.2006 in which an interim order was passed on 11.1.2007 as follows:Till then the petitioner shall not be relieved, if not already relieved.3. Subsequently vide impugned memo No. 1427 dated 11.6.2007 (Anne...
Alok Goyal Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Apr-23-2008
Reported in: [2008(3)JCR196(Jhr)]
D.G.R. Patnaik, J.1. The petitioner is a member of Indian Administrative Service (IAS) in the Jharkhand Cadre. While he was posted as Vice Chairman of the Ranchi Regional Development Authority (RRDA), renovation work of Ranchi Town Hall was undertaken. Complaints regarding alleged financial irregularities and violation of rules and procedures committed in the renovation work were received. In pursuance of the direction contained in the letter dated 28.1.2000 of the Commissioner to the Urban Development Department, Government of Bihar, an internal fact finding enquiry was conducted by Sri Phool Singh, the then Commissioner, South Chhotanagpur Division, Ranchi. The enquiry officer submitted his report recommending initiation of departmental proceedings against the petitioner.2. On the bifurcation of the erstwhile State of Bihar, the service of the petitioner was placed under the State of Jharkhand. Consequently, the enquiry report submitted by the enquiry officer was forwarded to the Sta...
Krishna Chandra Sircar and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-23-2008
Reported in: [2008(3)JCR343(Jhr)]
ORDER1. Today Government has filed an affidavit with regard to the possibility for increasing water supply in Harmu Housing Colony, Paragraph Nos. 5 and 6 thereof being apposite are reproduced below:5. That it is further stated and submitted that at present water supply in Harmu Housing Colony, Ranchi, can be further augmented through the installation of few Hand Pumps as Your Lordships may direct.6. That it is also further submitted that Ranchi Municipal Corporation has prepared a detailed project report of water supply scheme for entire Ranchi Municipal area including Harmu Housing Colony. The scheme has been submitted to the Ministry of Urban Development. Govt. of India, for approval under Central sponsored scheme, JNNURM. The Central Sanctioning and Monitoring Committee (CSMC) of Ministry of Urban Development, Govt. of India, has in principle approved the scheme with a condition that the scheme shall be once again presented before CSMC after getting recommendation from the Board of...
Smt. Kalpana Bharati Vs. Shiv Narayan Singh
Court: Jharkhand
Decided on: Apr-22-2008
Reported in: [2008(2)JCR745(Jhr)]
ORDERD.G.R. Patnaik, J.1. Heard the learned Counsel for the parties.2. The petitioner has prayed for setting side the order dated 8.12.2003 passed by the learned Subordinate Judge I, Hazaribagh in Title Suit No. 60 of 2002 whereby the petitioner's prayer for allowing time to file written statement was disallowed and the petitioner was debarred from filing written statement. Further, prayer has also been made for setting aside order dated 11.3.2004 whereby the Court below had refused to accept petitioner's written statement field on 15.1.2004 in the said suit and had refused to allow her to defend in the suit.3. Learned Counsel explains that though the petitioner was allowed seven adjournments for filing written statement soon after her appearance in the suit, but the delay was occasioned on account of the fact that she had needed all documents for preparing her written statement and it was only after obtaining the documents she could hand over the same to her counsel, but on account of...
State of Bihar (Now Jharkhand) Vs. Rama Kant Singh
Court: Jharkhand
Decided on: Apr-22-2008
Reported in: 2008CriLJ3344; [2008(3)JCR64(Jhr)]
1. The State has preferred this appeal against the judgment and order of 4th Additional Sessions Judge, Dumka passed in Cr. Appeal No. 115 of 1986/98 of 1986 whereby the learned 4th Additional Sessions Judge, Dumka has allowed the appeal and acquitted the respondent who was convicted by the 1st Assistant Sessions Judge, Dumka in Sessions Case No. 312 of 1985 on 20.5.1986 for the offence under Section 307 of the Indian Penal Code and Section 28 of the Arms Act.2. Brief facts leading to this appeal are that the respondent (a constable) was standing at the shop of the PW 8 on 13.6.1985 when informant PW 3 went there to purchase a soap. At this juncture the respondent abused him and asked PW 8 to provide him first with pan and then only to hand over soap to the informant. The informant protested then as alleged, the respondent whipped a revolver from his pocket and fired upon the informant. However the informant could save him by bending down. Thereafter the respondent again tried to fire ...
Nirmal Tiwari and anr. Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Apr-22-2008
Reported in: [2008(3)JCR143(Jhr)]
D.G.R. Patnaik, J.1. The petitioners have prayed for quashing the order dated 7.9.1996, passed by the Additional Collector, Palamau (respondent No. 2) in Misc. Case No. 27 of 1995-96, whereby the Additional Collector has passed the impugned order canceling the Jamabandi earlier created in favour of the petitioners. Prayer has also been made for quashing the order dated 4.3.1997 passed by the respondent No. 2, whereby the petitioners prayer for review of the earlier order dated 7.9.1996 was rejected.2. The petitioners have asserted their claim over the disputed lands on the basis of the facts stated as under:That the petitioners are the occupancy Raiyats amongst others in respect of the lands under Khata No. 28, Plot No. 691 area 1.30 acres, Plot No. 871 area 27 decimals with village Hisra Pokhraha.Although the aforesaid land originally belonged to the ex- landlord of the village, namely Kanhaiya Dayal Singh, which was later recorded in the name of one Niranjan Dusadh in the cadastral s...
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