Jharkhand Court June 2008 Judgments
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Binod Kumar Bathwal Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Jun-16-2008
Reported in: 2008(56)BLJR2167; 2008LC(JH)600; [2008(3)JCR621(Jhr)]
R.R. Prasad, J.1. Through this writ application the petitioner has prayed for restoration of its electric connection which has been disconnected on the allegation of electricity being consumed stealthily by making pilferage in the electric meter.2. Learned Counsel appearing for the petitioner submits that the petitioner having installed a Mill for preparing Chura (flattened rice) took electric connection for the load of 45 H.P and then the petitioner started running his Mill smoothly and went on making payment of electric bills till February, 2008. However, on 7.5.2008 some officials of Electricity Department came and allegedly found electric energy being consumed stealthily after tampering with the meter and lodged the case which was instituted as Deoghar Town P.S. case No. 106 of 2008 under Section 379 of the Indian Penal Code and also under Section 135 of the Electricity Act and in the said first information report the amount of loss which the Board is said to have suffered was show...
Awadh Bihari Mishra and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-16-2008
Reported in: [2008(3)JCR559(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ petition the petitioners have prayed for quashing the letter dated 3.5.2003 (Annexure-13) whereby the representation of the petitioners has been rejected holding that the untrained teachers would not be entitled for promotion from Grade-I scale onwards and that they would be entitled for promotion to Grade-I scale only from the date of obtaining the Teachers' Training.2. The petitioners were appointed as untrained teachers by the Human Resources Development Department, Government of Bihar in accordance with its policy decision and resolution dated 5.3.1991. The Government of Bihar had also framed the Rules known as the Bihar Primary School Teachers' Rule, 1991 in exercise of its power under Article 309 of the Constitution of India wherein there was a provision for appointing the untrained teachers and after appointment, for sending the said teachers for in-service Teachers' Training in the Government Colleges.3. The petitioners were untraine...
Chandravati Devi Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-16-2008
Reported in: [2008(4)JCR193(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ petition the petitioner has prayed for setting aside the order dated 2.7.2007 passed by the respondents refusing to grant No Objection Certificate to the petitioner for the purpose of transferring the land appertaining to khata No. 252, plot No. 599, Village Chirkunda, Thana No. 252, District-Dhanbad measuring an area of 1.5 decimals as required by the registering authority. The impugned order has been passed rejecting the application filed by the petitioner in compliance of the order dated 13.9.2006 passed in WP C) No. 5175/2006.2. It has been stated that earlier the petitioner had moved this Court for the same relief in W.P.(C) No. 5175/2006. By order dated 13.9.2006 the said writ petition was disposed of holding that in view of the clear entries in revenue record, no enquiry to that respect is required by the revenue authority. The order for making such enquiry was held to be wholly arbitrary and illegal. The order dated 6.7.2006 passed b...
United Indian Insurance Company Limited Vs. Kiran Singh and ors.
Court: Jharkhand
Decided on: Jun-13-2008
Reported in: 2009ACJ2062; 2008(56)BLJR2169; [2008(3)JCR619(Jhr)]
M.Y. Eqbal, Acting C.J.1. This appeal by the appellant-Insurance Company is directed against the judgment and award dated 23.6.2005 passed by the 1st Addl. District Judge-cum-Claims Tribunal, Jamshedpur in Compensation Case No. 134 of 2004 whereby he has awarded compensation to the claimants and directed the Insurance Company to pay the said amount.2. The brief facts of the case are as under:The claimants-respondents filed Claim Case and made application praying for payment of interim compensation for the death of Umesh Singh who died in a motor vehicle accident. According to the claimants, the deceased was proceeding by his cycle when a dumper bearing Registration No. JH-05B-5422 coming from opposite direction dashed against the cycle due to which the deceased succumbed to injuries. On being summoned by the Tribunal, the appellant appeared and contested the case by filing written statement taking a specific defence that the Policy Number mentioned in the claim application was not issu...
Oriental Insurance Co. Ltd. Vs. Neelu Devi and ors.
Court: Jharkhand
Decided on: Jun-13-2008
Reported in: 2009ACJ2262; 2008(56)BLJR2195; [2008(3)JCR615(Jhr)]
D.K. Sinha, J.1. This miscellaneous appeal is directed against the award passed by Additional District Judge, Fast Track Court No. III-cum-Motor Vehicle Accident Claims Tribunal, Jamshedpur in Compensation Case No. 38 of 2001 on 4.4.2006, whereby and whereunder, the appellant Oriental Insurance Co. Ltd. was directed to pay a sum of Rs. 5,60,000/- to the claimants-Respondents No. 1 to 4 (third party) by indemnifying the owner of the insured vehicle and satisfying the claim of the claimants minus the amount already paid to the claimants as interim compensation with the interest thereon at the rate of 6 per cent per annum since 22.5.2001.2. The brief fact of the case was that one Omprakash Verma (since deceased) was travelling in an Ambassador car on 1.4.2000 with other four co-passengers. At about 6 p.m. the Ambassador car collided with the offending truck bearing registration No. MP-26D-0470, allegedly being driven by the driver Harinaryan Yadav @ Harinath Yadav, respondent No. 6 rashly...
Heavy Engineering Corporation Limited Vs. their Workmen Represented by ...
Court: Jharkhand
Decided on: Jun-13-2008
Reported in: 2008(56)BLJR2155; [2008(4)JCR195(Jhr)]
D.G.R. Patnaik, J.1. Prayer in this writ is for quashing the award dated 28th of February, 2004, passed by the Industrial Tribunal, Ranchi in Reference Case No. 1 of 1998, whereby the Industrial Tribunal has held that the Respondent-workmen were entitled for regularization of then services and other benefits at par with regular appointees.2. The petitioner is a Central Government undertaking in the Department of Heavy Industries and registered as a Company under the Companies Act. It has employees of different categories in its different units.The employees of the petitioner-Company formed a cooperative Society of their own under the name of H.E.C. Employees Consumers Co-operative stores' registered under the provisions of Bihar and Orissa Co-operative Society Act, 1935 for the purpose of meeting their requirement of regular supply of ration items and consumer goods at Government controlled prices. The Cooperative Stores is governed by its own Governing Body in accordance with its own ...
Sheo Nath Prasad Vs. Birsa Agriculture University and ors.
Court: Jharkhand
Decided on: Jun-13-2008
Reported in: 2008(56)BLJR2164; [2008(3)JCR624(Jhr)]
D.G.R. Patnaik, J.1. The petitioner in this writ application has prayed for issuance of a writ of mandamus commanding upon the respondents to revise the petitioner's pension in accordance with the last pay drawn by him on the date of his retirement in the scale of pay of Rs. 3700-5700/- and for an order directing the respondents to modify the Pension Order No. 3089 dated 11.9.2002 (Annexure 10) issued under the signature of respondent No. 3 considering the time bound promotion of the petitioner as allowed from 1.9.1985 in stead of 31.8.1992.2. The facts of the case in brief are as follows:The petitioner was a permanent employee of Birsa Agriculture University, Kanke, Ranchi. He retired from the post of Assistant Director (Administration) on 30.1.1993. His candidature was considered by the Evaluation Committee constituted in accordance with Clause 17.2(a) of the Statute of the University and by its resolution dated 19.3.1990 the Evaluation Committee recommended for the petitioner's time...
Tata Steel Limited and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-13-2008
Reported in: [2008(3)JCR365(Jhr)]
M.Y. Eqbal, A.C.J.1. In all these writ petitions, the petitioners have challenged the vires of Section 11 of the Jharkhand Value Added Tax Act, 2005 as ultra vires and violative of Article 301 read with Article 304(a) of the Constitution of India since the provision is not saved by Article 304(b) of the Constitution of India and further for a direction restraining the respondents from enforcement of the provisions of Section 11 of the Jharkhand Value Added Tax Act. 2005 whereby Entry Tax is liable to be collected on entry of goods mentioned in Schedule III of the said Act. The petitioners further sought a declaration that the entry tax is not compensatory in nature falling under Article 304 of the Constitution of India. As such, the said provision is violative of Article 301 of the Constitution of India.2. The respondents-State filed counter-affidavit taking various defences available in law in support of their case that provisions of the Act is compensatory in nature and, therefore, n...
Larsen and Toubro Limited Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-13-2008
Reported in: 2008(56)BLJR2126; [2008(3)JCR698(Jhr)]; (2009)24VST233(Jharkh)
M.Y. Eqbal, Acting C.J.1. The instant writ petition has been listed for hearing after the matter was remitted back by the Supreme Court in terms of order dated 23rd July, 2007 passed in Civil Appeal No. 3188 of 2007.2. The writ petition was filed by the petitioner challenging the order of re-assessment dated 5/5/2006 passed under Sections 17(3) and 19 of the Bihar Finance Act. The writ petition was dismissed by this Bench on 27/11/2006 holding that the petitioner may avail the statutory remedy of appeal against the assessment order as provided under the Act. Aggrieved by the said order the petitioner moved the Supreme Court. The Supreme Court remitted the matter to this court with observation that the question of vires of the provision of the Act and the Rules cannot be gone into by the Authority under the Act. The relevant portion of the order of the Supreme Court is reproduced herein below:In our view the question of vires of provisions of the Act or the Rule cannot be gone into by t...
Manju Devi and ors. Vs. Babu Lal Gupta and anr.
Court: Jharkhand
Decided on: Jun-13-2008
Reported in: 2009ACJ1991; [2008(3)JCR622(Jhr)]
M.Y. Eqbal, A.C.J.1. This appeal by the claimants-appellants is for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Hazaribagh in Motor Accident Claim Case No. 109/2003. The Tribunal awarded Rs. 1,79,500/- as compensation for the death of the deceased. Sanjay Singh, who died in motor vehicle accident on 28.9.2002 near Gurudwara Road, Giddi.2. The vehicle involved in the accident was a dumper bearing registration No. JH02B 1258. The Claimant's case was that the deceased was employed under M/s. Raju Gupta, Transport contractor as working supervisor and his monthly earning was Rs. 4500/-. The deceased was aged 25 years and died leaving behind widow and three minor children.3. The owner and driver of the offending vehicle appeared and filed written statement stating inter alia that the vehicle was insured with the respondent-Insurance Company. It was stated that the driver of the offending vehicle was holding a valid driving licence. The respondent-Insurance Comp...