Jharkhand Court April 2008 Judgments
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Court on Its Own Motion, Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-16-2008
Reported in: [2008(2)JCR746(Jhr)]
ORDER1. Today Advocate General has filed a report, Central Government has also filed its counter-affidavit.2. From perusal of the report field by the Advocate General, it is clear that several meetings have been held in the Chamber of the Advocate General attended by Various Officials of the Road Construction Department, National Highway Wing, National Highway Circle and other Officials. In fact, the Officials informed the Advocate General that the entire amount allotted by the Central Government in respect of various items have been spent, on account of which there is overall and substantial improvement in National Highway Roads passing through the State of Jharkhand.3. With respect to the availability of fund under various heads, a chart has been given therein and it would indicate that for the year 2007-08, Rs. 57.25 crores was available and the entire amount spent. Similarly for the year 2008-09, Rs. 173.25 crores has been allocated.4. The report of the Advocate General indicates t...
Mrinal Kanti Chakraborty Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Apr-16-2008
Reported in: [2008(3)JCR51(Jhr)]
ORDERD.K. Sinha, J.1. The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Indian Constitution for the quashment of the judgment dated 30th April, 2004 passed by the Central Administrative Tribunal, Circuit Bench, at Ranchi in O.A. No. 266 of 2002 with further quashment of office orders dated 27.11.2001 and 1.3.2002 by which the writ petitioner was reverted to substantive post of J.E.-II in the scale of Rs. 5,000-8,000/- and the respondents be directed to pay all retiral benefits to the petitioner by treating him as Chief Estimator in the scale of Rs. 6500-10500/- till the date of his superannuation on 31.5.2002.2. The brief fact of the case of the writ petitioner was that he was initially appointed on 31.8.1963 under the respondents and was placed in the Construction Department under the South Eastern Railway. For his work and worth he was promoted from time to time and on February, 1978 he was promoted to the post of Head Estimator (Ad hoc) and afte...
ishwar Bahadur Thapa and Nawaraj Thapa Magar Vs. State of Jharkhand an ...
Court: Jharkhand
Decided on: Apr-16-2008
Reported in: [2008(118)FLR910]; [2008(2)JCR715(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties finally. Both these similar cases are being disposed off by this common order.2. Petitioners have challenged their termination orders. Mr. P.P.N. Roy, learned senior counsel appearing for the petitioners, submitted that in the year 1996 - 1997, Memo No. 2359 dated 30.4.1997 and Memo No. 6216 dated 24.12.1996 was issued by the then Director General of Police, Bihar, Patna directing the Commandant, Bihar Military Police-1, Ranchi to appoint the petitioners respectively, on the post of Constable, in special circumstances for doing commendable and valorous work, and accordingly, petitioners were appointed after their physical examination, and they joined on 24.5.1997 and 3.1.1997, respectively. They were also sent for training. Vide Memo No. 1046 dated 7.3.2002, the Inspector General of Police (Administration), Bihar, Patna asked the Director General of Police, Jharkhand to dispense with the services of those persons, who were appointed by the the...
Jharkhand Bet-net Association Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-16-2008
Reported in: [2008(3)JCR609(Jhr)]
Narendra Nath Tiwari, J.I.A. No. 287 of 2008:1. In this interlocutory application, the petitioner has prayed for addition of the prayer, whereby they have sought quashing the result published by Jharkhand Public Service Commission (for short JPSC) in daily newspaper, 'Prabhat Khabar' on 15th January, 2008 and till the pendency of the writ petition, the appointment' process of Lecturers published by the JPSC in the said daily newspaper be stayed/kept in abeyance.2. It has been stated that earlier the petitioner had filed the writ petition seeking direction on the respondents-universities to forward and requisition the identified backlog reserved posts/vacancies of lecturers lying vacant since last many years in the reserved quota of Scheduled Castes, Scheduled Tribes, Backward Classes and Physically Handicapped.3. Learned Counsel appearing on behalf of Respondent No. 7 as also the JPSC contested this application. It has been stated that the same petitioner had filed another writ petitio...
Dukhi Sahu and ors. Vs. Ram Kumar Sahu and ors.
Court: Jharkhand
Decided on: Apr-16-2008
Reported in: AIR2008Jhar100; [2008(3)JCR150(Jhr)]
D.G.R. Patnaik, J.1. This appeal is directed against the judgment of the lower appellate Court reversing the findings of the trial Court in a suit for partition.2. The plaintiff Ram Kumar Sahu had filed the suit claiming 1/3rd share in partition of the suit properties described in Schedule-A and B to the plaint.3. The trial Court dismissed the suit holding that there was no unity of title and possession since the suit properties stood partitioned in the year 1952.4. The plaintiff thereafter preferred appeal before the District Judge which was heard and disposed of by the Additional Judicial Commissioner, Ranchi. The lower appellate Court reversed the findings of the trial Court by its impugned judgment holding that there was unity of title and possession and that the plaintiff was entitled to 1/3rd share in the suit properties.5. This second appeal filed by the defendants/appellants was admitted for hearing on the following substantial questions of law.1. Whether in the light of the do...
Geeta Devi and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Apr-16-2008
Reported in: [2008(3)JCR140(Jhr)]
D.K. Sinha, J.1. This Cr. Revision is directed against the order impugned dated 7.2.2006 passed by the learned S.D.J.M. Ranchi arising out of Sukhdeo Nagar P.S. Case No. 711 of 2004 corresponding to G.R. No. 3799 of 2004 whereby and whereunder the petition filed on behalf of the petitioners for their discharge under Section 239 of the Code of Criminal Procedure was rejected and the petitioners were directed to stand charge along with the principal accused Shashi Shekhar Pathak for the offence under Sections 311/420/493/496/506/34, IPC.2. The brief fact of the case as it stands narrated was that the O.P. No. 2 Usha Pathak presented a Complaint Case No. 102 of 2004 before the C.J.M. Ranchi alleging inter alia, that she was fraudulently taken to Deori Mandir on 10.12.2000 by the principal accused Shashi Shekhar Pathak (not amongst the petitioners) where they got married and she was forced to believe that she was his legally wedded wife. After the marriage they began to live together and c...
Digvijay Singh Vs. Bharat Coking Coal Limited Through Its Chairman-cum ...
Court: Jharkhand
Decided on: Apr-16-2008
Reported in: [2008(3)JCR611(Jhr)]
Narendra Nath Tiwari, J.1. The petitioner is an employee of M/S Bharat Coking Coal Limited. He joined his service on 16.12.1972. Before joining the service, he had passed the Matriculation Examination in the year 1966.2. According to the Implementation Instruction of the respondents-Company, the evidence of date of birth of a person, who is Matriculate, is Matriculation Certificate.3. In the Matriculation Certificate, the petitioner's date of birth has been recorded as 9.1.1949. The petitioner during the tenure of his service found discrepancy in the entry of the date of birth in the service record. In place of 9.1.1949, as recorded in the Matriculation Certificate, the petitioner's date of birth in statutory Form B Register and other records was recorded as 9.1.1947. The petitioner pointed out the said discrepancy and requested for correction by filing representation dated 22.9.1989. He claimed correction on the basis of the entry in the Matriculation Certificate which was issued by t...
Bibi Kulsoom Khatoon Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Apr-16-2008
Reported in: [2008(3)JCR557(Jhr)]
1. This Letters Patent Appeal by the petitioner-appellant is directed against the judgment dated 20.7.2007 passed in W.P.S. No. 1815 of 2005 whereby the learned Single fudge dismissed the writ petition holding that the petitioner-appellant is not entitled to pensionary benefits as her husband had not completed minimum period of 20 years of service as required for getting of pensionary benefits.2. The facts of the case lie in a narrow compass:Petitioner's husband was in the service of State of Bihar from 13.9.1950 to 27.1.1968. Thereafter he joined the services of State Bank of India in the year 1968 and retired from the service of the Bank on 31st October, 1987. Petitioner's husband had filed a writ petition being C.W.J.C. No. 2560 of 1997 (R) against State Bank of India claiming payment of pension, etc. The said writ petition was disposed of by a Bench of this Court holding that since the husband of the petitioner had not completed 20 years of service in the Bank, she was not entitled...
Ashok Kumar Agrawal, Vs. the State of Jharkhand and Dilip Kumar Agrawa ...
Court: Jharkhand
Decided on: Apr-15-2008
Reported in: 2008(56)BLJR2190; 2008CriLJ3785
R.R. Prasad, J.1. Heard learned Counsel appearing for the petitioners, learned Counsel appearing for the opposite party No. 2 and learned A.P.P. appearing for the State.2. This application has been filed under Section 482 Cr.P.C. for quashing the order dated 4.6.2007 passed by the Judicial Magistrate, 1st Class, Giridih in Complainant Case No. 1212 of 2006 (T.R. No. 618 of 2007/404 of 2008) whereby and whereunder, the court took cognizance of the offences under Sections 465/471/120B of Indian Penal Code against these petitioners and others.3. The facts giving rise to this application are that the complainant-opposite party No. 2 filed a complaint before learned Chief judicial Magistrate, Giridih stating therein that one Bishwanath Agrawal died in the year 1994 leaving behind the complainant and petitioner Nos. 1 and 2 and also one Anil Kumar Agrawal as his sons as well as his widow (petitioner No. 3) and three married daughters as co-owners of the movable and immovable property situate...
NasiruddIn Ansari and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-15-2008
Reported in: [2008(3)JCR41(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition the petitioners have prayed for quashing the order of the Deputy Commissioner, Dhanbad whereby the said respondent has cancelled the long running Zamabandi standing in the name of the ancestors of the petitioners. The petitioners have also prayed for a direction on the respondents not to forcibly dispossess the petitioners from their Raiyati land measuring an area of 10.33 Acres of Khata No. 95. Plot No. 98 of Mauza-Bhelatand, Govindpur, Dhankad in the name of construction of Water Treatment Plant. It has been stated that the said land originally was Gair Abad Malik recorded in the Khewat of Shib Prasad Singh. The ex-landlord by virtue of Hukumnama dated 31.3.1944 had settled 10.33 acres out of the total area of 21.55 acres in favour of Md. Harkhu Mian, son of late Chiman Mian of village Kasitand, P.S. Govindpur. The said Harkhu Mian came in possession of the said land and also paid rent to the ex-landlord. After vesting of the estate under ...
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