Jharkhand Court July 2008 Judgments
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Balwan Singh Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Jul-30-2008
Reported in: [2008(119)FLR556]; [2008(4)JCR620(Jhr)]; (2009)ILLJ591Jhar
ORDER1. This appeal has been preferred against the order dated 14.2.2008 passed by the learned single Judge in W.P.(S) No. 6828 of 2007 whereby the learned single Judge was pleased to dismiss the writ petition holding therein that the order of stopping three grade increments with cumulative effect did not require interference as the Department itself has taken a lenient view of the matter and substituted the compulsory retirement with the order of stoppage of three grade increment with cumulative effect as the charges levelled against the petitioner-appellant was held to have been proved.2. To explain the controversy, it may be relevant to state that a departmental proceeding had been initiated against the petitioner-appellant herein for certain charges for which department proceeding had been initiated and in course of the department proceeding the delinquent-appellant admitted the charges levelled against him and consequently the charges were held to have been proved and an order of ...
Lachhmi Steel Industry Vs. Union of India (Uoi) Through Ministry of Fi ...
Court: Jharkhand
Decided on: Jul-29-2008
Reported in: 2008(56)BLJR2910
ORDERM.Y. Eqbal, J.1. By this writ application, the petitioner seeks appropriate order directing the respondents to issue copies of the Orders No. 133/RAN/C.Ex/Appeal/03 dated 22.10.2003 and No. 135/RAN/C.E/Appeal/03 dated 22.10.2003 on the ground that the petitioner has not been served with copies of the aforesaid orders till date and, further for quashing the summons as contained in letter No. 76 dated 22.2.2008 issued by the Superintendent, Central Excise, Range-I, Dhanbad under the provisions of Section 14 of Central Excise Act whereby the authority has started inquiry on account of nonpayment of Government arrears.2. The petitioner's case is that during the years 1996-97 and 1999, the petitioner was served with a show cause notice by the Central Excise Department and the petitioner said to have informed the authority that the plant of the petitioner is closed down permanently since 12.10.1998 and in the said letter the petitioner gave the new correspondence address. However, the D...
Emil Oraon @ Imil Oraon Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-29-2008
Reported in: [2008(4)JCR220(Jhr)]
D.G.R. Patnaik, J.1. The petitioner in this writ application has prayed for issuance of an appropriate writ for quashing the order dated 01.03.2000 (annexure 1) passed in S.A.R. Case No. 37 of 1998-99 whereby the disputed lands were restored in favour of the respondent No. 5 and also for quashing the order dated 13.02.2002 (Annexure 2) passed by the Additional Collector, Gumla in S.A.R. Appeal No. 3 of 2000 and order dated 25.06.2002 (Annexure 3) passed by the Commissioner, South Chhotanagpur Division, Ranchi in S.A.R. Revision No. 37 of 2002 whereby the appeals filed by the petitioner against the order of the Land Reform Deputy Collector, was dismissed.2. The petitioner and the respondent No. 5 belong to the Oraon community of the scheduled tribes. The disputed lands under Khata No. 46 and 47 bearing different plot numbers and measuring a total area of 10.96 acres situated in village Kanji within P.S. Duri, district Gumla, was originally recorded in the C.S. Khatiyan in the name of on...
Raj Kumar and Brothers Vs. Hindustan Steel Works Construction Ltd.
Court: Jharkhand
Decided on: Jul-29-2008
Reported in: [2008(4)JCR82(Jhr)]
M.Y. Eqbal, J.1. This application under Article 227 of the Constitution is directed against the order dated 20.4.2006 passed by Sub-Judge, I, West Singhbhum, Chaibasa whereby he has rejected the application filed by the petitioner under Sections 151 and 152 of the Code of Civil Procedure (shortly C.P.C.) for correcting the decree dated 23.6.2005 passed in Title Suit No. 5 of 2004 to the extent of allowing post decretal interest to be paid by the respondent to the petitioner.2. The facts of the case lie in a narrow compass:The petitioner-contractor entered into an agreement with the respondent-M/s. Hindustan Steel Works Construction Ltd. in connection with construction work of Right Dyke II Slice II of Icha dam. Dispute and differences arose between the petitioner and the respondent and the same was referred to the arbitration. Justice, Miss Manjula Bose (retired) acting as Umpire gave an award. The respondent challenged the award by filing objection under Sections 30 and 33 of the Arbi...
Sheobrat Dubey and anr. Vs. Lakshminiya Devi and ors.
Court: Jharkhand
Decided on: Jul-29-2008
Reported in: [2008(3)JCR733(Jhr)]
ORDERM.Y. Eqbal, J.1. This application filed under Article 227 of the Constitution of India is directed against the order dated 23.2.2007 passed by District Judge, Latehar in Title Appeal No. 4/2006 whereby he has rejected the application filed by plaintiffs/appellants under Order XLI, Rule 27 of the Code of Civil Procedure and refused the prayer to adduce additional evidence.2. The facts of the case lie in a narrow compass:Petitioners filed Title Suit No. 13/2002 for declaration of the right title and possession over the suit land comprising to Khata No. 7, plot No. 21, area 4 decimals and another plots situated at village Chandwa, District Latehar. According to the plaintiffs/petitioners the land in question was recorded in the name of Eta Oraon and Manadeo Oraon, sons of Kira Oraon in the last Cadestral Survey and settlement operation. It was alleged that after preparation of survey record of rights Mahadeo Oraon and Eta Oraon separated with each other through partition among themse...
Bharat Sanchar Nigam Limited Vs. the State of Jharkhand and Nanda Dula ...
Court: Jharkhand
Decided on: Jul-29-2008
Reported in: 2008(57)BLJR49; [2008(4)JCR12(Jhr)]
M.Y. Eqbal, J.1. In this application, the petitioner- M/s. Bharat Sanchar Nigam Limited, has prayed for quashing the order and award dated 31.8.2005 passed by the Permanent Lok Adalat, Dumka in Pre-Litigation Case No. 02 of 2005 whereby the Permanent Lok Adalat (in short referred to as 'Lok Adalat') allowed the petition filed by respondent No. 2 and directed the petitioner to pay a sum of Rs. 10000/- as compensation and Rs. 2000/- as litigation cost.2. The facts of the case lie in a narrow compass:Respondent No. 2 who is an employee of Civil Court, Dumka filed a Complaint Petition under Section 22(1) of the Legal Services Authority Act before the Permanent Lok Adalat, Dumka for compensation of Rs. 10000/- and a cost of Rs. 2000/- on the allegation that his Telephone No. 224605 was not functioning from 08.5.2005 to 02.6.2005. The said Complaint Petition was registered as Pre-Litigation Case No. 02 of 2005. In response to the notice, the petitioner filed show cause stating inter alia tha...
Md. Kalim Khan and ors. Vs. JaIn Trading Corporation and ors.
Court: Jharkhand
Decided on: Jul-29-2008
Reported in: [2008(4)JCR47(Jhr)]
ORDER1. This appeal is directed against the judgment and award dated 7.8.2006 passed by the Motor Vehicle Accident Claims Tribunal. Hazaribagh in Claim Case No. 38 of 2000 whereby he has assessed compensation of Rs. 9,97,980 and holding that it was a case of head on collision, 50% of the compensation amount has been deducted and directed that the compensation payable to the claimants-appellants shall be Rs. 4,98,980. The appellants have preferred this appeal for enhancement of compensation. The brief facts of the case are as under:On 5.1.2000 the claimant-appellant No. 1 and his family members were going to Barkatha from Hazaribag by Arribassdor car being registration No. BR-20-A-7557 being driven by one Daud Ansari (deceased). The car was going in normal speed and upwards towards Barkatha. When the car reached near village Srinagar a tanker bearing registration No. BEY-6341 coming in very high speed and in negligent manner dashed the said car in full speed as a result of which the gat...
Bhagwati Prasad Agrawal Engineering Works Vs. Bharat Sanchar Nigam Ltd ...
Court: Jharkhand
Decided on: Jul-29-2008
Reported in: [2008(4)JCR109(Jhr)]
ORDERR.R. Prasad, J.1. Heard the learned Counsel appearing for the petitioner and learned Counsel appearing for the respondents.2. Learned Counsel appearing for the petitioner submits that there had been four telephone connections; one in the name of Raj Kumar Agarwal, the other two in the name of M/s. Bhagwati Prasad Agrawal Engineering Works and the fourth one in the name of M/s. Bhagwati Prasad Agrawal Electrical in the same premises and in course of time when a inflated bill raised by the Department was not paid, the Department disconnected all the four telephone lines though there were no dues against three telephones and, therefore, the petitioner M/s. Bhagwati Prasad Agrawal Engineering Works moved before this Court whereby the authority, i.e. General Manager (Telephones), Dumka was directed to dispose of the representation of the petitioner within a period of two months and also pass order regarding restoration of those telephone connections against which there was no outstandi...
Sonalal Hansda Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-29-2008
Reported in: 2009(57)BLJR362; [2008(4)JCR375(Jhr)]
Ajit Kumar Sinha, J.1. The present appeal is directed against the judgment and order of conviction and sentence dated 28.9.2001 and 3.10.2001 respectively, passed by the learned Sessions Judge, Godda, in Sessions Trial No. 16 of 2000, whereby, the appellant has been convicted for the offence under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of seven years for the said offence.2. The case of the prosecution, in brief, is set out as under:On 09.09.1999 the victim Premlata Tudu along with her sister Pusplata Marandi were returning from Chandna Hatiya at around 5.00 p.m. in a jeep. They came down from the jeep at about 6.00 p.m. at Bathantarn where they met the accused-appellant Sonalal Hansda. The Informant and her sister Pusplata Marandi were having vegetables in a bag and the accused-appellant proposed to carry the vegetables in his bicycle and, accordingly, they gave the bag to the accused-appellant to be carried in the bicycle.Furth...
State of Jharkhand and ors. Vs. Kartik Chandra Mahto
Court: Jharkhand
Decided on: Jul-29-2008
Reported in: [2008(4)JCR470(Jhr)]
ORDER1. This appeal has been preferred by the State of Jharkhand against the order dated 29.8.2006 passed by the leaned Single Judge allowing the writ petition partly by directing the respondents-appellants herein-the State of Jharkhand, to refund the amount which had been recovered from the petitioner-respondent herein within a period of two months from the date of receipt/production of a copy of the order passed by the learned Single Judge. The learned Single Judge further ordered that the petitioner's annual increment shall not be withheld before the Departmental Accounts Examination is held and result thereof is declared.2. To explain the aforesaid position, it may be relevant to state summarily that the petitioner-respondent herein had filed a writ petition before the learned Single Judge seeking a direction that the payment of his annual increments due from 1.4.1997 should be restored to the petitioner-respondent and further sought a direction that the amount paid to him by way o...
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