Jharkhand Court July 2008 Judgments
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Sudhir Nayar Vs. the State of Jharkhand and
Court: Jharkhand
Decided on: Jul-24-2008
Reported in: [2008(4)JCR126(Jhr)]
D.P. Singh, J.1. Heard the parties.2. The short question involved in the present petition is whether the prosecution of the petitioner as Corporate Manager of Hindustan Liver Ltd. is maintainable in contravention of specific provisions of Section 17 of the Prevention of Food Adulteration Act, 1954.3. Brief facts leading to this petition are that on 13.12.2003 at 12.30 p.m. Krishna Prasad Singh, Food Inspector, Ranchi visited M/s. Meenakshi Enterprises at Tata Road, Namkom, Ranchi. He collected Flora Refined Sunflower Oil, three one liter pouch after making payments of Rs 207/- only along with Taaza Tea, Annapurna Iodized Salt and Modern [Energy biscuits. The purchased items were sent for test by the concerned authorities at Dhanbad which was reported to be misbranded as per Rule 32 of PFA Rules 1955 and for curtain missing declarations. Accordingly an official complaint case was lodcied with the consent of Civil Surgeon-cum-Chief Medical Officer, Ranchi against the petitioner and one A...
Ram Suresh Singh Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Jul-24-2008
Reported in: [2008(4)JCR57(Jhr)]
R.R. Prasad, J.1. Through this writ application the petitioner has sought to quash the order under which excess amount paid to the petitioner on the assumption of his passing of Hindi Noting and Drafting Examination though at the relevant point of time he had not passed the said examination, has been ordered to be recovered.2. The case of the petitioner is that the petitioner, who is presently posted as Assistant Accountant at Transmission Circle, Ranchi, was appointed on 1.1.1974 in the establishment of the then Bihar State Electricity Board and in due course of time, he was given selection grade with effect from 1.8.1988 and then subsequently senior selection grade with effect from 18.7.1993 and before being given senior selection grade, the petitioner had passed Hindi Noting and Drafting Examination on 5.9.1992 but all on a sudden, the committee refixed the pay scale of the petitioner reducing the salary on the premise that increment on account of passing of Hindi Noting and Draftin...
Tata Motors Ltd. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jul-24-2008
Reported in: [2008(4)JCR31(Jhr)]
ORDERR.R. Prasad, J.1. Through the impugned order dated 15.10.2003 passed by the Labour Court, Jamshedpur in Reference Case No. 3 of 1989 prayer made by the petitioner M/s. Tata Motors Limited for allowing it to adduce additional evidence to establish the competence of the enquiring officer and also disciplinary authority of holding enquiry and to pass order has been refused.2. The fact of the case is that the respondent No. 2, a workman was appointed and joined the service of the petitioner's Company on 2.9.1959 as Tool Crib Attendant, who was subsequently promoted as Ward Keeper and then Assistant Store Keeper and continued as such until 10.8.1982 when his services were terminated after being found guilty of misconduct in a domestic enquiry which was conducted in presence of the petitioner and was given full opportunity to him to defend himself. However, when a dispute was raised, the Government referred the dispute to the Labour Court, Jamshedur for adjudication wherein respondent N...
Prawej Ansari Vs. Hatim Ali Ansari and ors.
Court: Jharkhand
Decided on: Jul-24-2008
Reported in: [2008(4)JCR466(Jhr)]
ORDER1. This appeal has' been preferred by the appellant Prawej Ansari against the order dated 17.1.2008 passed by the leaned Single Judge in W.P. (C) No. 5633 of 2005 [see 2008 (1) JCR 597 (Jhr)] by which the learned Single Judge has been pleased to dispose of the writ petition with liberty to the petitioner-appellant to challenge the findings recorded in the award of the Tribunal dated 16.4.2005 passed by the Motor Accident Claims Tribunal, Gumla, by. which the application of the Insurance Company was allowed granting liberty to the Insurance Company to realize the amount of compensation from the owner of the vehicle i.e., the petitioner herein, who, according to the findings recorded by the Tribunal, had allowed his vehicle to be driven by a minor without driving licence, which had caused the accident. The learned Single Judge has categorically ordered that the petitioner-owner of the vehicle will have opportunity to raise the question of law but he will' not be at liberty to assail...
New Engineering Works and Asl Motors Pvt. Ltd. Vs. the State of Jharkh ...
Court: Jharkhand
Decided on: Jul-23-2008
Reported in: 2008(56)BLJR2898; [2008(4)JCR5(Jhr)]
M.Y. Eqbal, J.1. In these writ petitions filed by the petitioners against the Jharkhand Stale Electricity Board, a declaration has been sought that Clauses 8 and 9 read with Clause 4 of the Standard Form or High Tension agreement (H.T. agreement) are unconstitutional and violative of Articles 14, 19(1)(g), 21, 298 and 300A of the Constitutional of India and Section 23 of the Indian Contract Act, 1872 as the same are unjust, unfair, unreasonable and against the public interest and further for quashing the Final Demand Bill dated 05.02.2008 and 18.2.2008 raised by the respondent-Board levying a sum of Rs. 6,50,000/- and Rs. 4,90,000/- respectively being the amount of monthly minimum guarantee for a period of 22 months.2. The facts of the case lie in a narrow compass:The petitioners are the manufacturers and dealers of automobile components and passenger cars of Tata Motors having their workshops situated in Adityapur industrial Area in the district of East Singhbhum. The petitioners, for...
Primary Teachers Education College Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-23-2008
Reported in: [2008(4)JCR111(Jhr)]
R.K. Merathia, J.1. Mr. S.N. Prasad submits that this writ petition has been filed by the petitioner- Primary Teachers Education College, Doranda, Ranchi for direction upon the respondents to initiate the process for conducting the examination with respect to the candidates who are students of non-Government Teachers Training College. He further submitted that the examination is going to be held from 4.8.2008 for such candidates and if a decision is taken in favour of the students of the petitioner, it will be convenient for the respondents also to take examination of all the candidates in the ensuing examination. He further submitted that the student of petitioner are ready, and every thing is completes and if allowed, Jharkahdnd Academic Council will be able to take examination.2. Mr. Mehta, appearing for the respondents, referred to Paragraph 8 and 9 of the counter affidavit filed on behalf of the respondents No. 1 to 4 on 10.7.2008 which reads as follows:8. That in case of Non Gove...
Satya Prakash Choudhary Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-23-2008
Reported in: [2008(4)JCR28(Jhr)]
R.R. Prasad, J.1. Heard learned Counsel appearing for the petitioner and learned Counsel appearing for the respondents.2. Learned Counsel appearing for the petitioner submits that the petitioner was working in Baijnath Das Kalyan Uchch Vidayalaya, Chuliha, Deoghar since 1983 and at the time of taking over the said school in terms of Section 3 (3) of the Bihar Non-Government Secondary School (Taking over Management & Control Act), 1981, the names of trained teachers were recommended for being appointed as teachers in the said school and the petitioner was not appointed though he was having requisite qualification for being appointed as a teacher and, therefore, the petitioner had to file writ application before Hon'ble High Court, Patna vide C.W.J.C. No. 5299 of 1983 and the Court directed that if the petitioner is found qualified on the date of inspection by the Special Board and if his rank is amongst first nine qualified teachers, then his case may be considered and thereupon the Dir...
Ramkrishna Forging Limited Vs. Jharkhand State Electricity Board and o ...
Court: Jharkhand
Decided on: Jul-23-2008
Reported in: 2008(57)BLJR17; [2008(4)JCR228(Jhr)]
M.Y. Eqbal, J.1. In this writ petition, the petitioner has prayed for issuance of writ for quashing the order as contained in letter dated 8.11.2007 issued by the Electrical Superintending Engineer, Jamshedpur, whereby he has refused to reduce the contract demand of the petitioner from 4000 KVA to 1325 KVA on the basis of Clause 9(b) of the High Tension Agreement and further for a direction to the respondents to immediately reduce the load of the petitioner's unit from 4000 KVA to 1325 KVA on the basis of application made by the petitioner on 20.09.2007.2. Petitioner's case inter alia is that it is a small scale industry having several units at Adityapur (Jamshedpur) and the instant case pertains to Plant 3 & 4 situated by the side at Phase-VII of the Industrial area at Adityapur. In 2004 petitioner entered into an agreement with the Jharkhand State Electricity Board (in short 'the Board') on 14.04.2004 for High Tension connection having connected load of 325 KVA. According to the peti...
MobIn Ansari Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-23-2008
Reported in: 2008(57)BLJR23
M.Y. Eqbal, J.1. This appeal is directed against the judgment of conviction dated 29.3.2003 and order of sentence dated 01.4.2003 passed by 5th Addl. Judicial Commissioner, Ranchi in Sessions Trial No. 638 of 2000 whereby the appellant has been convicted under Section 302 and 201 of the Indian Penal Code and has been sentenced to undergo R.I. for life under Section 302 I.P.C. and R.I. for three years under Section 201 I.P.C.2. The brief facts of the prosecution case is that the deceased Taimun Khatoon, daughter of informant Riyasat Ansari, resident of Village Bijuliya, P.S. Ratu, District - Ranchi, was married to the accused-appellant Mobin Ansari, resident of the same village four years ago as per the Muslim rites and custoMs. Prior to this marriage, the appellant was already married with another lady. The prosecution further case is that the accused-appellant started harassing the deceased-daughter of the informant. It is alleged that five days prior to the occurrence, the accused dr...
Bhagwan Das Gupta and anr. Vs. Krishna Mistry and ors.
Court: Jharkhand
Decided on: Jul-23-2008
Reported in: [2008(4)JCR85(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the counsel for the parties.2. The application is directed against the order dated 28.9.2007 passed by the Additional Munsif, Hazaribagh in Title Suit No. 55/99 whereby the petition filed by the plaintiffs under Order VI Rule 17, CPC has been rejected on the ground, inter alia, that the plaintiffs, by way of amendment, sought to resile from the admission made in the plaint.3. From para 4 of the plaint it is evidently clear that the plaintiffs admitted possession of the defendants so far Schedule B land is concerned. For better appreciation para 4 of the plaint is reproduced hereinbelow:4. That so long Jago Sao, the deceased father of the plaintiffs and Fagu Mistry, the deceased father of defendant remained alive, they continued in possession of their respective exchanged land. Meaning thereby, the plaintiffs' father came and continued in possession of the suit land detailed and described in Schedule A of the plaint acquiring, perfecting and confirming of his...
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