Jharkhand Court July 2008 Judgments
Manoj Kumar Vs. State of Jharkhand and Abhay Shankar Singh
Court: Jharkhand
Decided on: Jul-31-2008
Reported in: 2008(57)BLJR149
D.K. Sinha, J.1. The petitioner has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for the quashment of the entire criminal proceeding including the order impugned dated 13.06.2005 whereby the learned Judicial Magistrate having been satisfied with the materials on record after due enquiry under Section 202 Cr.P.C. found a prima facie case under Section 138 of Negotiable Instruments Act and directed summons to be issued to the petitioner and further for quashment of the order impugned dated 03.03.2006 passed by Shri R.K. Sinha, Judicial Magistrate, Ranchi and the subsequent proceeding of the petitioner Manoj Kumar.2. The brief fact of the case was that the complainant O.P.No. 2 lodged a written complaint on 27.11.2004 before the Chief Judicial Magistrate, Ranchi alleging, inter alia that the petitioner herein, in order to clear some pending dues issued two cheques bearing No. 256261 dated 25.5.2004 of Rs. 13,210/- and another cheque bearing No. 256265 dated 28...
Tag this Judgment!Shashi Kant Upadhyay and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-31-2008
Reported in: [2008(4)JCR41(Jhr)]
ORDERD.G.R. Patnaik, J.1. Petitioner in this writ application has prayed for quashing the order dated 31.8.2001 passed by the D.C.L.R., Hazaribagh (respondent No. 4) in L.C. Case No. 7 of 2001, the order dated 29.10.2002 passed by the respondent No. 3 in Land Ceiling Appeal No. 16 of 2001 and the order dated 25.7.2003 passed by the respondent No. 2 in Land Ceiling Revision Case No 52 of 2002 whereby the petitioner's claim for pre-emption, was rejected.The petitioner had originally claimed beforethe D.C.L.R., Hazaribagh in his application vide L.C. Case No. 7 of 2001 that he is a co-sharer and adjacent ralyat of the land in Khata Nos. 49, Plot Nos. 1577, 1583, 1584 and 1588 and adjacent raiyat of land in Khata No. 63, Plot Nos. 1586 and 1621.2. The respondent Nos. 2 to 5, without prior intimation to the petitioner, had executed a deed of sale in respect of the land in Khata Nos. 49 and 63, plot Nos. 1577. 1583. 1584, 1588, 1586 and 1621, measuring a total area of 1.64 acres in favour of...
Tag this Judgment!Employers in Relation to the Management of Bhalgora Area (Now Kustore ...
Court: Jharkhand
Decided on: Jul-31-2008
Reported in: [2008(4)JCR224(Jhr)]
ORDERR.K. Merathia, J.1. The petitioner-Management-Company has prayed for quashing the Award dated 28.9.2005. passed by the Central Government Industrial Tribunal No. 1, Dhanbad in Reference Case No. 98/ 1994, answering the reference in favour of respondent-Union holding that the action of the Management in dismissing the services of Ram Pravesh Paswan and 37 others with effect from 13/20.4.1993 is not justified and that accordingly they are entitled for re-instatement with half back wages.2. Mr. Mehta, appearing for the Management, submitted as follows. In 1986, a decision was taken by the Company, to recruit scheduled castes and scheduled tribes candidates against the vacancies of miner/loader. The Company-Bharat Coking Coal Ltd., is 'State' within the meaning of Article 12 of the Constitution of India. Accordingly, the different areas under the Management including the Bhowra area, invited names from the employment exchange and prepared a panel of eligible candidates after Trade Tes...
Tag this Judgment!Arun Kumar Kashyap Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-30-2008
Reported in: [2008(4)JCR98(Jhr)]
D.G.R. Patnaik, J.1. This writ application has been filed by the petitioner praying for quashing of the order dated 11.3 2002 (Annexure 15) issued by the Secretary, Department of Law (Justice), Government of Jharkhand whereby and whereunder direction has been made for re-fixation of the pay of the petitioner and to recover from him the amount paid in excess as salary to the petitioner. Further prayer has bean made for directing the respondent authorities to fix salary of the petitioner in the scale of pay of Rs. 2000-3500/- per month with effect from 1990 as per the recommendation of the Vth Pay Revision Committee and in the scale of Rs. 6500-10,500/- per month with effect from 1.1.1996 as per the VI Pay Revision Committee and also for a direction to the respondents to pay salary of the petitioner for the month of March and April, 2002 which has been withheld by the respondents.2. The petitioner was appointed as a full time stenographer on 8.7.1974 in the scale of pay of Rs. 296-460/- ...
Tag this Judgment!Suresh Prasad Singh and ors. Vs. Presiding Officer, Labour Court and a ...
Court: Jharkhand
Decided on: Jul-30-2008
Reported in: 2008(57)BLJR111
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred for issuance of a writ of certiorari or any other order or direction for quashing the award dated 8th October, 1999, passed in Reference Case No. 22 of 1991, whereby, the learned Presiding Officer, Labour Court, has held that no industrial dispute, as defined under Section 2(k) of the Industrial Disputes Act, existed or apprehended in between M/s Tata Iron & Steel Company Ltd. (in short TISCO) Management and the petitioners herein at the time of making reference.2. The facts, in brief, as submitted by the counsel for the petitioners, is set out as under:The petitioners were employed by the erstwhile Indian Tube Company between the year 1983 and 1985. It is submitted that on 01.08.1989 the petitioners along with Sri M.K. Jha raised a demand before the Management through a letter, addressed to the Secretary to the Recreation Club of TISCO Tube Division, Jamshedpur, for parity and proper wages, based on which a conci...
Tag this Judgment!Dr. Daya Kant Jha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-30-2008
Reported in: [2008(4)JCR97(Jhr)]
ORDERAjit Kumar Sinha, J.1. The petitioner in this writ petition has prayed for issuance of a writ of mandamus or any other appropriate writ, order or direction against the respondents to pay him the entire retiral benefits after giving the benefit of time bound promotion w.e.f. 1.2.1985 with all consequential benefits and has further prayed to quash letter No. 1536 dated 16.8.2000, whereby his claim for time bound promotion has been rejected.2. The facts, as narrated by the petitioner, are set out as under:The petitioner was initially appointed as Assistant Professor of Mathematics on 8.5.1964 on ad-hoc, basis and later, he was permanently absorbed on 22.6.1996. He was given promotion as Associate Professor of Mathematics with effect from 23.9.1980. According to him, Notification No. 379 dated 16.2.1990 was issued by the Science and Technology Department, Government of Bihar, Patna, as it then was, and the petitioner claimed to be entitled for promotion to the post of Professor on the...
Tag this Judgment!Budhwa Oraon and ors. Vs. the State of Jharkhand and Nutan Ekka
Court: Jharkhand
Decided on: Jul-30-2008
Reported in: [2008(4)JCR202(Jhr)]
ORDERD.K. Sinha, J.1. All the seven petitioners have invoked inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashment of the order impugned dated 2.5.2006 passed by the Sub divisional Judicial Magistrate, Ranchi in Complaint Case No. 574 of 2005 wherein having been satisfied with the prima facie offence under Sections 498A/354/323 read with 34 of the Indian Penal Code, processes were directed to be issued against the petitioners-accused.2. The short fact of the case as narrated in the complaint petition by the complainant/opposite party No. 2 Nutan Ekka was that her marriage was solemnized with one Simon Ekka at Prabhat Tara Catholic Church, Dhurwa and at that time her husband was posted as Superintendent in the Central Excise Department, Jamshedpur. After her marriage, she accompanied her husband to Jamshedpur where she lived at quarter No. 6/24 O.C. Road, South Park, Bishtupur, Jamshedpur and led a peacefully conjugal life for about one an...
Tag this Judgment!Md. NijamuddIn and anr. Vs. Rajeshwar Prasad and ors.
Court: Jharkhand
Decided on: Jul-30-2008
Reported in: 2006ACJ2478; [2008(4)JCR186(Jhr)]
ORDER1. Heard the counsel for the parties.2. This appeal is directed against the judgment and award dated 21.5.2007 passed by the Claims Tribunal, Gumla in MACC (MJC) case No. 6/2002 whereby he has dismissed the claim application filed by the appellants-claimants on the ground that the deceased was not having a valid driving license to drive the motor cycle and there is contradiction in the statements of PW 1 and the informant.3. The facts of the case lie in a narrow compass:One Imtiyaz Khan was a motor cycle mechanic. On the fateful date of accident the cousin brother of the deceased Imran came on a motor cycle in his shop and informed about the technical defect in his motor cycle. He requested for sitting upon the motor cycle and understanding the defect. The motor cycle was being driven by the deceased Imran. Both were going towards Kartik Oraon College. It was alleged that while driving the motor cycle slowly passing in front of the Rotary Club, all of a sudden tractor bearing regi...
Tag this Judgment!Carmella Kerketta Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-30-2008
Reported in: [2008(4)JCR93(Jhr)]
ORDERAjit Kumar Sinha, J.1. Present writ petition has been preferred to quash the order dated 22.3.2004 passed by the District Superintendent of Education, Gumla vide which it has been held that the petitioner was not entitled for payment of her salary. The petitioner has accordingly prayed that she is entitled for payment of her salary and also the arrears of salary with interest.2. The case of the petitioner, as submitted, is set out as under:An advertisement was issued on 24.12.1999 for appointment of ah Assistant Teacher against a vacant post and after following the due process of selection, as conducted by the Managing Committee of the School, the petitioner was, selected and recommended for appointment with effect from 1.2.2000 in the pay scale of Rs. 1200-2400/-. The Managing Committee directed the Secretary of the Managing Committee to get the aforesaid recommendation approved from the Department of Education and accordingly the petitioner was appointed with effect from 1.2.200...
Tag this Judgment!Chando Mohali Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-30-2008
Reported in: [2008(4)JCR132(Jhr)]
ORDERAjit Kumar Sinha, J.1. The petitioner has preferred this writ petition for issuance of a writ in the nature of certiorari to quash the order dated 15.2.2001, passed by the Commissioner, Santhal Parganas Division, Dumka (respondent No. 2) in Rev. Misc. Revision No. 27 of 1986-87, whereby and whereunder, he was pleased to reject the revision application filed by the petitioner on the ground that the concurrent finding of fact cannot be interfered with.2. The case of the petitioner, in brief, is that after the death of Puran Mohali, recorded tenant, his only son Matla Mohali inherited the entire land and property of his father, Matla Mohali, having no son and his wife having predeceased him, adopted the petitioner Chando Mohali, who acquired interest of a son and inherited the property of his adoptive father, namely, Matla Mohali. It is also the case of the petitioner that respondent No. 5 Cheche Mohali is a rank outsider and in no way related to Matla Mohali. She is the daughter of ...
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