Jharkhand Court April 2008 Judgments
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Dhankisto Mandal Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Apr-22-2008
Reported in: [2008(3)JCR135(Jhr)]
ORDERD.G.R. Patnaik, J.1. Both these cases are disposed of by this common order, since they involve common issues.In these writ applications the petitioner has prayed for quashing the order (Annexure-1) passed by the Commissioner, Santhal Pargana Division, Dumka, (respondent No. 2) in Revenue Misc. Revision No. 130 of 1985-86, whereby the earlier order dated 18.4.1985 (Annexure-2) of the Additional Deputy Commissioner, Dumka (respondent No. 3), passed in Revenue Misc. Appeal No. 338 of 1979-80 and the order dated 13.1.1979 (Annexure-3) of the Sub-Divisional Officer (respondent No. 4), passed in R.E. Case No. 93 of 1977-78, whereby rejecting the petitioner's claim of title to the lands in question by way of inheritance, were confirmed.2. The main question in these writ applications, is 'whether the respondent authorities had jurisdiction under the San thal Parganas Tenancy Act to adjudicate upon the title of the petitioner over the lands in question?'C.W.J.C. No. 12032 of 1995 (P)3. The...
Maghi Oraon and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-22-2008
Reported in: [2008(4)JCR146(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this interlocutory application, the petitioners have prayed for stay of operation of Advertisement No. 3 of 2007, inviting applications for recruitment against the posts of Constable till the absorption of remaining successful candidates, who had been selected against Advertisement No. 1 of 2003.2. It has been stated that the petitioners had been declared successful in test held for recruitment of constable against Advertisement No. 1 of 2003. The posts are vacant, but the petitioners have not been appointed even after declaring them successful in the said test. Ignoring the claim of the petitioners, the respondents have come out with another advertisement No. 3 of 2007, inviting applications for appointment of Constable. No reason has been assigned by the respondents for not making appointment of the persons/candidates who were held successful in the earlier examination. It has been submitted that before making appointment of the petitioners, who had...
Smt. Laxmi Sharma @ Smt. Laxmi Kumari Devi Vs. State of Jharkhand and ...
Court: Jharkhand
Decided on: Apr-21-2008
Reported in: [2008(2)JCR748(Jhr)]
D.G.R. Patnaik, J.1. The petitioner has prayed for quashing the order dated 31.3.2004 as well as the order dated 20.12.2001, passed by the Circle Officer, Ranchi in Case No. 20 R8/2003-04 and 13 R8/2001-2002 respectively, whereby the petitioner's application for issuance of rent receipts in view of the Jamabandi created in her name in respect of the lands in Plot Nos. 557, 563, 565, 571 and 596, measuring total area of 2.30 acres, has been rejected.2. Earlier by filing WP(C) No. 650 of 2004, the petitioner had prayed before this Court for a direction to the respondent-Circle Officer for disposing of the petitioner's application for issuance of rent receipt in her favour in respect of the said lands. Without going into the merits of the case, a direction was issued to the respondent No. 2 to dispose of the application of the petitioner in accordance with law as early as possible, preferably within a period of two months from the date of receipt/production of a copy of the order.Later, t...
Dr. Mushtaque Ahmad Ansari Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-21-2008
Reported in: [2008(3)JCR38(Jhr)]
ORDERN.N. Tiwari, J.1. The petitioner has challenged the clause by which the approval of the appointment of the petitioner is said to have been refused. The said clause is contained in Annexure-5 under the heading of 'Agenda No. 3' of the 9th Meeting. The relevant portion of the said clause is reproduced herein below:The Governing body decided that those who are in State Government service should submit their NOC for their recruitment and if selected for appointment they will be allowed to Join only after relieving from previous post. Those serving in the other two State Medical Colleges i.e. MGM. Jamshedpur and PMCH, Dhanbad will not be considered in case they are posted or working on same nature of post as that will jeopardise the recognition of those colleges by the Medical Council of India. The recommendations of the Selection Committee was approved with these observations. The Governing body delegated to the Director to act upon the recommendations of the Selection Committee as pe...
Bal Sakha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-21-2008
Reported in: [2008(2)JCR721(Jhr)]
ORDER1. Today, the learned Advocate General has filed 5th report in pursuance of the direction given by this Court on 3.4.2008.2. In some of the districts, Bal Lok Adalat has been held. The Deputy Commissioner, Hazaribagh, has reported that various directions given by this Court in regard to medical examination, filling up the 4th grade posts from district panel, maintenance of register and installing lightning arrestors have been complied with. It is also stated that vocational training-cum-production centre has been established, so that the inmates are gainfully employed and a music teacher has also been selected for deputation. Cricket, Volley Ball, Bad Min-ton, Carom, Ludo and Chess facilities are provided to the inmates. TV set has been installed in the Home.3. Similarly, the Deputy Commissioner, Dhanbad has already reported compliance of the direction of this Court. The District Welfare Officer cum Superintendent of Ranchi Observation Home has also sent report to the AG giving de...
Dudhnath Ram Vs. Management of Tata Iron and Steel Company Ltd.
Court: Jharkhand
Decided on: Apr-21-2008
Reported in: [2008(118)FLR107]; [2008(2)JCR743(Jhr)]; (2008)IIILLJ772Jhar
ORDERR.K. Merathia, J.1. Heard the parties finally.2. Petitioner has challenged the Award dated 5.6.2007, passed by the Presiding Officer, Labour Court, Jamshedpur. By Government Notification dated 17.5.1997, the following reference was made for adjudication:Whether the termination of Sri Dudhnath Ram, Ticket No. 210496, P. No. 45485 workman of M/s. TISCO Ltd., Jamshedpur by the management is proper? If not, what relief the workman is entitled to?3. A departmental enquiry was initiated against the petitioner on the following charges:Shri D.N. RamP.No. 45485Store Keeper (Agrico Stores)Stores DepartmentOn 24.1.1995 while you were on duty in 'E' shift at about 2.45 p.m., you received a sum of Rs. 150/- as an illegal gratification as demand by you from Shri Bishwajit Bhowmick, proprietor of M/s Combine Engg. Concern for receiving the material as per Challan No. 165/94-95 dated 24.1.1995 without causing any harassment. When you were challenged by a group of persons viz. Shri Prakash Chandra...
Krishna Nath Oraon and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-21-2008
Reported in: [2008(2)JCR719(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties finally.2. Petitioners had challenged the order dated 18.1.2000 passed in S.A.R. Case No. 134 of 1993 by Special Officer, Scheduled Area Regulation (S.A.R.), Ranchi (respondent No. 4) under Section 71-A of the Chotanagpur Tenancy (C.N.T.) Act in, favour of respondents 5 to 10, and the order dated 18.1.2000 passed in S.A.R. Appeal No. 30R-15/2000-01 dated 16.5.2006 and also the order dated 22.5.2006 passed in S.A.R. Revision No. 52 of 2007 affirming the original order.3. It appears that respondent Nos. 5 to 10 filed an application under Section 71-A of the C.N.T. Act which was registered as S.A.R. No. 134 of 1993 for restoration of land. After hearing the parties and considering the materials brought on the record by the parties, the Special Officer, S.A.R. passed detailed and reasoned order. It was found that the land in question was recorded in the name of predecessor of the petitioners in the khatiyan. According to the respondents 5 to 10, t...
Puran Manjhi and Sarju Mahto Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-21-2008
Reported in: [2008(2)JCR739(Jhr)]
1. Since both the appeals, arise out of common judgment, were heard together and are being disposed of by this common judgment.2. Both these appeals are directed against the judgment of conviction and order of sentence dated 15.6.2002 and 18.6.2002 passed by Additional Sessions Judge, FTC II Palamu, Daltonganj in Sessions trial No. 12/95, whereby and whereunder the learned Additional Sessions Judge held the appellants guilty under Sections 302/201 and 449, IPC and sentenced them to undergo RI for life under Section 302/34, IPC, RI for three years under Section 201, IPC and three years RI under Section 449, IPC.3. The brief facts leading to the appeals are that during intervening night between 10 and 11th September, 1990 the informant Rama Mahto was sleeping inside his house when someone called him from outside to open the door. It is further stated that when he enquired who was calling, the appellant Puran Manjhi named himself and requested him to open the door, as he intended to save ...
Ram Charitra Choudhary Vs. Madhu Koda and ors.
Court: Jharkhand
Decided on: Apr-21-2008
Reported in: [2008(2)JCR741(Jhr)]
ORDER1. The petitioner has Filed this writ petition in the nature of a public interest litigation for the issuance of a direction upon the respondents to make posting on the Assistant Planning Officer in the District Rural Development Agency (DRDA), Garhwa and also for quashing of the order dated 26.9.2007 (Annexure-2 to this writ petition) whereby the posting of respondent No. 7 as Sub-Divisional Animal Husbandry Officer, Deoghar, has been cancelled and he has been directed to continue on the post of Assistant Planning Officer, Garhwa.2. The petitioner claims himself to be a resident of Garhwa, and secretary of a registered Society namely the Gramin Bharat, Viaskh Bharati. The contention of the petitioner is that for the purpose of implementation of various development projects within the District of Garhwa, A District Rural Development Agency (DRDA) registered under the Societies Registration Act was established as a nodal agency. There is a post of Assistant Planning Officer in the ...
Urmila Bala Dey Modak Vs. Banwari Lall Agarwala and ors.
Court: Jharkhand
Decided on: Apr-21-2008
Reported in: [2008(4)JCR86(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the learned Counsel appearing for the parties.2. A Partition Suit being Title (P) Suit No. 4 of 2003 was filed by the plaintiff, now deceased, for partition of joint family property. During pendency of the suit, the said plaintiff died leaving behind his widow and a son. The son of .the deceased- plaintiff alone filed an application for substitution without joining his widowed mother. The said application for substitution was allowed and the son was substituted in place of the deceased-plaintiff. After about seven months from the date of death, the present petitioner, who is the widow, filed application for substitution. The said application for substitution has been rejected by the Court below by passing the impugned order on the ground that the substitution petition was filed after the suit stood abated.3. Perhaps, the Court below has not correctly appreciated the law and the procedures of substitution. Firstly, in a partition suit, if the estate/property ...
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