Jharkhand Court June 2008 Judgments
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Mosabani Bazar Samiti (Sabji Mandi) Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-18-2008
Reported in: [2008(3)JCR416(Jhr)]
ORDERD.G.R. Patnaik, J.1. Heard the counsel for the petitioner and the respondents.2. In this application, the petitioner has prayed for an order quashing the notice issued to the members of the petitioner vide Memo No. 274 dated 3.7.2007 and Memo No. 203 dated 18.5.2007 as contained in Annexure 4 and 5 and similar notices whereby the respondents have directed the members of the petitioner to remove the encroachment and vacate the sheds where the petitioners have been doing their business for their livelihood.3. Learned Counsel for the petitioner submits that the members of the petitioner have been using the shed/premises in question for selling vegetables in the haat/market and the respondent No. 5 who happens to be an auction bidder for the haat has been realizing toll from the members of the petitioner since long and despite this, the respondents have served notice to the members to quit and vacate the premises/shed, without any legal basis and without giving them an opportunity of ...
Pashupati Narayan Singh Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-18-2008
Reported in: [2008(3)JCR562(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition, the petitioner has prayed for a direction on the respondent No. 2 for issuance of 'No Objection Certificate' to sell his land, situated under Mauza Nirsa, Thana No. 72, Khata No. 177, Plot No. 1580 and area 2.3/4 decimals.2. It has been stated that the petitioner is a lawful owner of the said land and in exercise of his ownership, he wanted to sell the same. When the petitioner went to the Registration Office for the purpose of executing a sale deed the registration 2authority asked to bring 'No Objection Certificate' from the Additional Collector, as per the direction of the Deputy Commissioner, Dhanbad. It has been stated that there is no such provision in law. yet the petitioner has been asked to produce a 'No Objection Certificate'; The Additional Collector also arbitrarily refused to grant 'No Objection Certificate' to the petitioner on the ground that the land was Gair Abad Malik.3. A counter affidavit has been filed on behalf of the ...
Shyam Sunder Prasad Bharuka Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jun-17-2008
Reported in: 2008(56)BLJR2187
D.K. Sinha, J.1. The Criminal Revision is directed against the order impugned dated 4.9.2007, passed by learned A.C.J.M. Latehar in G.R Case No. 132 of 1998 whereby and whereunder the discharge petition of the petitioner under Section 239 of the Code of Criminal Procedure in connection with Latehar P.S. Case No. 50 of 1998 for the alleged offence under Sections 467, 468, 471, 477, 406, 409 r/w 120B of the Indian Penal Code was rejected.2. Short fact of the case, as stands narrated in the written, report of the informant Awadh Bihari Singh, Divisional Forest Officer, State Trading Division-II. Latehar giving rise to Latehar P.S. Case No. 50 of 1998 was that one Vijay Kumar Sinha the then Divisional Forest Officer, State Trading Division-II. Latehar during his tenure of posting from 2.1.1990 to 28.12.1993 defalcated huge amount of public money, approximate to the tune of Rs. 43,20,500/- as it was found after official enquiry by the Department.3. Informant had produced various documents w...
Mohan Kumar Pandey Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-17-2008
Reported in: 2008(56)BLJR2144; [2008(4)JCR147(Jhr)]
R.R. Prasad, J.1. Heard learned Counsel appearing for the petitioner and learned Counsel appearing for the State.Petitioner has preferred this writ application for quashing the order dated 22.05.2007, issued by the respondent No. 4 the Superintendent of the Police, Giridih (Annexure-6), whereby the appointment of the petitioner to the post of constable, was cancelled.2. Learned Counsel appearing for the petitioner submits that the petitioner having been appointed as 'Home Guard' on 02.03.1989 in the erstwhile. State of Bihar, received training at Central Training Institute, Bihata, Patna.3. Subsequently, pursuant to the advertisement (Annexure-3) Issued/published by Jharkhand Police, calling for applications for appointment on the post of Constables in different districts in the State of Jharkhand. The petitioner applied for and thereupon call letter was issued, whereby the petitioner was called upon to take different tests and the petitioner having come out successful in all the tests...
Rathendra Bishnu Nanhen and ors. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-17-2008
Reported in: [2008(3)JCR417(Jhr)]
R.R. Prasad, J.Heard learned Counsel appearing for the petitioners and learned Counsel appearing for the State.1. Petitioners have preferred this writ application for issuance of a writ directing the respondents to consider their case of seniority in accordance with gradation list prepared and published by the Office of Director General-cum-Inspector General of Police, Jharkhand vide Memo No. 46 dated 20.9.2005 (Annexure-1).2. Learned Counsel appearing for the petitioners submits that the petitioners were appointed as Sub-Inspector of Police on 21.07.1980 and they received their time bound promotion and even Assured Career Progression (A.C.P.), when it became due and then in the year 2005, a seniority list was published by the Office of Director General-cum-Inspector General of Police, Jharkhand vide Memo No. 46 dated 20.09.2005 and that in the year 2006, the petitioners were promoted to the post of Inspector of Police.3. Subsequently, when 100 Sub-Inspectors of Police were promoted to...
Dineshwar Prasad Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-17-2008
Reported in: 2008(56)BLJR2493; [2008(3)JCR639(Jhr)]
Narendra Nath Tiwari, J.1. In this writ petition the petitioner has prayed for quashing the orders dated 3.9.06 (Annexure-5), 10.9.02 (Annexure-3) and 5.12.2000 (Annexure-2).2. The petitioner claims to be the Raiyat of the land appertaining to R.S Khata No. 194, Plot No. 3683, measuring an area of 41.99 Decimals of Village-Simalia, Thana No. 739, District-Ranchi (hereinafter called as 'the said land').3. According to the petitioner, the said land was recorded as Gair Mazarua Khas of the landlord Thakur Mahendra Nath Shahdeo in the Revisional Survey Records of Right.4. The ex-landlord Thakur Mahendra Nath Shahdeo had settled 12 Acres of the said land in favour of one Rang Nath Sahu, son of late Raghunandan Sahu of Village-Tikra Toli as far back as on 9.6.1942.5. Rang Nath Sahu sold an area of 20 Decimals of the said land to the petitioner by virtue of the registered sale deed No. 4313 dated 4.5.1992.6. Rang Nath Sahu further sold an area of 20 Decimals of the said land to the petitioner...
Lilawati Devi and ors. Vs. the Oriental Insurance Company Ltd. and anr ...
Court: Jharkhand
Decided on: Jun-17-2008
Reported in: 2008(56)BLJR2140; [2008(3)JCR556(Jhr)]
M.Y. Eqbal ACJ, Ajit Kumar Sinha, J.1. This appeal has been preferred by the claimants/appellants for enhancement of amount of compensation.2. It is a case of death of 27 years young man in a motor vehicle accident, who died leaving behind his parents and younger brothers as dependants. The Tribunal took the notional income of the deceased and multiplied it by 11 and awarded compensation of Rs. 1,17,000/-.3. For better appreciation, the findings recorded by the Tribunal, as appears in paragraph No. 21, is quoted hereunder:So far the annual income of the deceased Sunil Paswan is concerned, the evidence of C.W. 1, Baban Paswan, C.W. 2, Lilawati Devi and C.W. 3, Prem Kumar Singh have stated that the deceased Sunil Paswan was earning Rs. 4,000/- per month from betel shop but not a single chit of paper has been brought on record to establish that the deceased Sunil Paswan was earning the aforesaid amount at the time of his death and in absence of documentary evidence in respect of the incom...
Nagendra Thakur Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-17-2008
Reported in: [2008(3)JCR555(Jhr)]
ORDER1. Heard the parties.2. This appeal is directed against the judgment dated 6.3.2008 passed in W.P.S. No. 4523 of 2007 whereby learned single Judge dismissed the writ application holding that the claim for arrears of salary is stale claim inasmuch as the writ application was filed after 4-1/2 years from the date when cause of action arose.3. Petitioner/appellant originally filed application in the Patna High Curt being CWJC No. 10961/1996 claiming arrears of salary for the period August 1991 to January 1993 comprising of two periods from 22.8.1991 to 31.12.1991 and 01.01.1992 to 3.1.1993. During the period from August 1991 to January 1993 petitioner/appellant was transferred from one place to another. On 22.8.1991 he was transferred from Gaya to Ghatshila, where there was no vacant post was available. On 31.12.1991, petitioner/appellant was transferred from Ghatshila to Lohardaga. On 18.12.1992, petitioner was again transferred from Lohardaga to Ghatshila, where he joined on 3.1.19...
Bingul Sawaiyan Ho Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-17-2008
Reported in: [2008(3)JCR689(Jhr)]
ORDERNarendra Nath Tiwari, J.1. The petitioner, Bingul Sawaiyan Ho, wanted to lease out his land belonging to khata No. 187, Plot No. 414, measuring on area 33 decimals of Mauja Gitilpi, Thana No. 580, District West Singhbhum in favour of Indian Oil Corporation, for a period of five years, for running a Petrol Pump (Fuel Ratail Outlet).2. The petitioner and the Indian Oil Corporation (for short IOC) entered into the agreement and settled with the terms. Accordingly, the lease deed was prepared. They wanted the lease deed to be registered and for that purpose; they presented the same before the District Sub-Registrar, West Singhbhum, Chaibasa on 21st November, 2006. By Letter No. 177 dated 24th November, 2006, the parties were informed that as the land belongs to a member of Schedule Tribes, the same can be registered only after previous sanction of the Deputy Commissioner.3. The petitioner, at the advice of IOC, had applied for grant of permission on 29th December. 2006 before the Depu...
Samsul and ors. Vs. the State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-16-2008
Reported in: 2008(56)BLJR2193
D.K. Sinha, J.1. Heard Mr. S.K. Dwivedi, learned Counsel on behalf of the petitioners, Mr. K.P. Deo, learned Counsel on behalf of the opposite party No. 2 and the learned A.P.P. on behalf of the State.2. Petitioners, ten in number, have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer for setting aside the order dated 27.3.2003, passed by the Judicial Magistrate, 1st Class, Dumka, whereby and whereunder, after enquiry was initiated and upon being satisfied with the prima facie case, he directed that the summons be issued to the petitioners for the alleged offence under Sections 149, 120B, 302, 201 of the Indian Penal Code as also under Sections 3/4 of the Prevention of Witch (Daain) Practices Act, 1999.3. Prosecution story in short was that the complainant had gone to Kashmir for his livelihood. When he returned only ten days ago from the date of filing of the compliant, he learnt that his mother was forcibly taken out by...
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