Jharkhand Court June 2008 Judgments
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Dr. Shailendra Kumar Sinha Vs. State of Jharkhand Through S.P., C.B.i.
Court: Jharkhand
Decided on: Jun-20-2008
Reported in: [2008(3)JCR427(Jhr)]
R.R. Prasad, J.Heard learned Counsel appearing for the appellant and learned Counsel appearing for the C.B.I on the matter of bail.1. Learned Counsel appearing for the appellant submits that the appellant having been convicted under Section 120B read with Sections 420/409/467/468/471/477A of the Indian Penal Code as well as under Sections 13(2) read with Sections 13(1) (c) and (d) of the Prevention of Corruption Act and also under Sections 420/467/468/471/465/477A of the Indian Penal Code simplicitor as well as under Sections 13(2) read with Sections 13(1) (c) and (d) of the Prevention of Corruption Act simplicitor was awarded maximum sentence for six years on the allegation that the appellant, being posted at relevant point of time as T.V.O. (Traveling Veterinary Officer) in the District Animal Husbandry Department, Chaibasa, in conspiracy with the other accused did give certificate regarding receipt of materials/medicine/fodder without receiving those materials facilitating the suppl...
Zeenat Parveen Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-20-2008
Reported in: 2008(56)BLJR2137; [2008(3)JCR412(Jhr)]
Amareshwar Sahay, J.Heard the parties.1. In view of the nature of dispute and claim made in this writ petition, it is being disposed of at this stage itself with the consent of the parties.2. In this writ petition, the petitioner has prayed for quashing of the letter dated 12/06/2007 (Annexure-6) by which the Director, Karamchari Rajya Bima Yojna, Jharkhand has informed the Incharge, Insurance Medical Officer, Jharkhahd Karamchari Rajya Bima Chikitsalaya, Chatti, Dhanbad that the claim of the petitioner for appointment on compassionate ground has been rejected on the ground that the application for such appointment was made after a period of six years from the date of death of the concerned employee and, therefore, the same was time barred.3. The fact in short are that the mother of the petitioner Late Rahat Jahan was employed as Auxiliary Nurse Midwifery (A.N.M.) in Jharkhand Karamchari Rajya Bima Chikitsalaya and she died in harness on 23/12/1997 leaving behind her unemployed husband...
Kalpana Devi and Sanjay Yadav Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-20-2008
Reported in: 2008CriLJ4667; [2008(3)JCR422(Jhr)]
D.P. Singh, J.Heard both sides at length.1. The present revision petition has been preferred against the order dated 15.12.2004 by which the disputed plot described in the impugned order has been attached under Section 146(1) Cr.P.C. in connection with Cr. Miscellaneous Case No. 489 of 2003.2. Brief facts leading to this revision petition are that the Officer-in-Charge, Deoghar Town Police Station reported to the S.D.M., Deoghar in non cognizable offence case No. 24 of 2003 that Town Plot No. 818 out of J.B. No. 109/3271, Holding No. 395 situated in Mauza Shyamganj, Mohalla- Caster Town, Deoghar having an area of 18 Katha 19 Ganda has become a subject matter of dispute between the present parties and there was serious apprehension of breach of peace.3. The learned S.D.M, Deoghar, accordingly, initiated a proceeding under Section 144 Cr.P.C. Parties were noticed and after hearing both sides vide order dated 3.2.2004 the proceeding was converted into Section 145 Cr.P.C. to decide the fac...
Suresh Mishra Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-20-2008
Reported in: [2008(3)JCR418(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition the petitioner has prayed for a direction on the respondents to give him notional promotion to the post of Additional Collector Cadre w.e.f. September, 1996 with all consequential benefits and also to promote him to the rank of Joint Secretary Cadre since the date his juniors have been promoted to that post i.e. 2.12.2006. The petitioner is now posted as the Deputy Secretary, Department of Fisheries, Government of Jharkhand. The petitioner was given promotion to the post of Additional Collector by the State of Bihar w.e.f. 31.3.1999. It has been submitted that the petitioner was entitled for promotion to the post of Additional Collector w.e.f. September 1996. After bifurcation of the State of Bihar under the provisions of the Bihar Reorganization Act and creation of the State of Jharkhand, final seniority list was prepared in which the petitioner's name was shown at Sl. No. 100. Subsequently, the State of Jharkhand gave promotion to the Offi...
Sabina YasmIn Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-20-2008
Reported in: [2008(3)JCR561(Jhr)]
ORDERN.N. Tiwari, J.1. The petitioner, in this writ petition, has prayed for quashing the selection and appointment of respondent No. 5 as Sevika for Anganbari Centre Mirzapur Kalu within Barharwa Block. District Sahebganj and for consideration of her appointment as Sevika of the said Centre.2. It has been stated that the petitioner is the resident of same village and belongs to the family of below poverty line. She has passed Higher Secondary Education. She is, thus, suitable and is also eligible candidate for being appointed as Sevika of the said Centre, but the respondents, ignoring the petitioner's claim, have arbitrarily selected and appointed the respondent No. 5, who is the resident of West Bengal.3. The said respondent No. 5 does not belong-to the family of below poverty line. Selection and appointment of respondent No. 5 is contrary to the circulars and guidelines issued for appointment of Sevika. The petitioner made protest by filing representation, but the same was not consi...
Bifr Vs. Hec Ltd.
Court: Jharkhand
Decided on: Jun-20-2008
Reported in: [2008(4)JCR402(Jhr)]
ORDERR.K. Merathia, J.1. I.A. No. 2974 of 2007--This application has been filed by the Heavy Engineering Corporation Limited. Dhurwa, Ranchi (HEC for short) for permitting it to sublease about 31.70 acres of land for 90 years to Jharkhand State Cricket Association (JSCA for short) for building of International Sports Complex Centre befitting international venue for international matches. It is submitted that if the Court permits HEC to grant sub lease, there will be development of township and it will benefit the public and the Company also.2. Mr. Rajiv Ranjan, appearing for the HEC, submitted that such permission is required in view of the order dated 4.11.2004, the relevant portion of which reads as follows:(i) The parties to the case, including HEC: State of Jharkhand and Union of India are prohibited from selling/acquiring/leasing/subleasing/transferring any land/building/structure of HEC without prior permission of the Court.3. The JSCA intervened and submitted that the Board of C...
Nand Kishore Jaiswal Vs. Suchita Jaiswal
Court: Jharkhand
Decided on: Jun-19-2008
Reported in: [2008(3)JCR569(Jhr)]
ORDERD.P. Singh, J.1. Heard both sides at length.2. The present petition has been preferred by the petitioner Nand Kishore Jaiswal, the husband of the opposite party against the order dated 28.6.2005 passed by learned Principal Judge, Family Court, Dhanbad in M.P. Case No. 148 of 2004.3. The learned Counsel appearing on behalf of the petitioner submitted that the learned Court below has committed a mistake by granting maintenance of Rs. 3,000/- per month to opposite party under Section 125 Cr PC as the source of the income of the petitioner was not considered by it. The opposite party admittedly living with her parents for last more than five years. Therefore the present petition be allowed with costs.4. I have gone through the materials on record. From the admitted facts on record. It is apparent that within one year of the marriage, relations became strained and the wife of the petitioner living with her parents for more than five years now. So far the income of the petitioner is con...
Kamrun Nisa and ors. Vs. Ram Chandra Mistry and ors.
Court: Jharkhand
Decided on: Jun-19-2008
Reported in: [2009(1)JCR55(Jhr)]
ORDER1. The claimants-appellants are the widow and minor children aged about 6 years, 3 years and 1 year. Because of the death of the deceased, who was a Mechanic and was the only bread earner, the claimants have been deprived of their livelihood.2. It appears that on the unfortunate date of accident by the truck the deceased died on the spot. He was aged about 25 years. Although, the claimants case was that the monthly earning of the deceased was Rs. 4000/- but the tribunal proceeded to decide the quantum of compensation by noticing the fact that in 2002 an unskilled labourer used to get Rs. 80/- per day as minimum wages. Taking annual dependency of the deceased Rs. 19,200/- a multiplier of 13 was taken on the ground that claimants are the widow and minor children and the parents have not been impleaded. In our view, the approach of the Tribunal is unknown to law and against the law laid down by the Supreme Court.3. Be that as it may, undoubtedly, the deceased was a Mechanic and a you...
Shyam Sundar Mishra and anr. Vs. the Director, Ministry of Coal, Gover ...
Court: Jharkhand
Decided on: Jun-18-2008
Reported in: [2008(3)JCR421(Jhr)]
Narendra Nath Tiwari, J.1. The petitioners, in this writ petition, have prayed for quashing the letter No. 49017/100/2005-PRIW dated 30.6.2006 issued by the Director, Ministry of Coal, Government of India, by which the request of the petitioners for adjustment of the amount towards the contribution of the family pension out of the pension amount payable to the petitioners under Coal Mines Pension Scheme, 1998 (for short 'Scheme') has been rejected.2. It has been stated that the petitioner No. 1, who was the employee of C.C.L., was superannuated in 1999 and petitioner No. 2, who was also the employee of C.C.L., was superannuated in 2002. Earlier there was no provision for pension to the retired employees who were not covered under the said Scheme. Subsequently, provision was made by Notification No. GSR 107(E) dated 13th February, 2003 under which the petitioners were also entitled to get pension. The petitioners, for that purpose, requested the respondents to adjust the amount payable ...
Geetanjali Kumari Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-18-2008
Reported in: [2008(3)JCR414(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. The petitioner was appointed as primary teacher by issue of an appointment letter dated 30th April, 1988 as contained in Annexure-2. The appointment letter contains several conditions particularly Clause-4, wherein it is mentioned that the appointment was being made on the basis of the certificates submitted by the applicants and if after enquiry/verification any of the educational certificate is found to be not genuine, in that case the services would be terminated and appropriate action would be taken against the applicants.3. Pursuant to the appointment made, the petitioner joined the service. Thereafter, the certificates, submitted by the petitioner with regard to Teachers Training alongwith the certificate of all the candidates were sent for verification/enquiry to the Institutions from where it were issued. It appears that the Teachers Training certificate of altogether 38 candidates were sent to St. Mary's Women's Primary Teacher'...
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