Jharkhand Court August 2008 Judgments
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Subhash Prasad Sah Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-21-2008
Reported in: [2008(4)JCR307(Jhr)]
ORDERA.K. Sinha, J.1. The petitioner has preferred this writ petition for issuance of an appropriate writ, order or direction in the nature of certiorari for quashing the order dated 4.10.2002 issued by the Deputy Inspector General of Police (Modernization and Provisions), Jharkhand whereby the petitioner was awarded the punishment of reduction in rank from the post of Sub-Inspector (Wireless Supervisor) Wireless Operation to the post of Assistant Wireless Sub-Inspector (Wireless Operation) for a period of one year. It has also sought further order or direction commanding upon the respondent to make payment of petitioner's salary for the period under which he was kept under suspension by deducting the subsistence allowance as paid and other consequential benefits.2. The facts, in brief, as stated by the petitioner is set out as under:The petitioner was appointed as literate Constable in the Police Department on 31.10.1971. He was given promotion to the post of Assistant Sub-Inspector S...
Smt. Shanti Devi Prasad and anr. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-21-2008
Reported in: 2009(57)BLJR294; 2009CriLJ475
D.G.R. Patnaik, J.1. The instant revision application has been filed by the petitioner praying for quashing the impugned order dated 27.3.2008 passed in C2 Case No. 109 of 2000 by the Judicial Magistrate, First Class, Ranchi, whereby the petitioners' prayer for their discharge in respect of the offences for which cognizance was taken has been rejected.2. Facts of the case briefly stated, is that the criminal proceedings initiated before the court below was based on a complaint lodged by Sri A.P. Sharma, Sub Judge III, Ranchi in exercise of powers under Section 195(b) of the Code of Criminal procedure read with Section 340 of the Code. The averments in the complaint relate to certain offences alleged to have been committed in relation to the proceedings in an execution case No. 1/83A which was pending in the court of Sub Judge VI, Ranchi.A suit for specific performance of contract of Title Suit No. 125 of 1981 was filed by the petitioners. The suit was decreed in favour of the petitione...
Dwarika Prasad Jaiswal and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-21-2008
Reported in: [2008(4)JCR436(Jhr)]
ORDERAjit Kumar Sinha, J.1. The present Writ Petition (Civil) No. 6485/2002 has been preferred against an order dated 3.10.2002 passed by the Town Planning Authority, Dumka in T.P. Case No. 7/2001-02 whereby the petitioners have been restrained from fixing doors/shutters of their constructed room and latrine opening towards private Guilt measuring 2' 10' situated adjacent East of the lands and house measuring 5 dhur 10 dhurki of plot No. 629 of Dumka Town No. 7.2. The facts in brief as stated by the petitioner is set out as under:The petitioner purchased the aforesaid house vide, a registered sale deed No. 196/97 from one Mr. Anil Kumar Jaiswal. Before the respondent Town Planning Authority, Dumka a case was registered which was numbered as Town Planning Case No. 7/2001- 02. According to him in the sale deed there was a condition that the Gulli, 2'10' situated adjacent to East of the said land shall remain vacant and can be used for egress and ingress of both the parties. This also sti...
Ramkrishna Forgings Ltd. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-21-2008
Reported in: [2008(4)JCR632(Jhr)]
ORDER1. This writ petition has been filed by the petitioner assailing the order dated 7.9.2007 as contained in An-nexure-4 to this writ petition by which the application of the petitioner seeking deferment of the payment of sales tax for the period from 5.10.2001 to 4.10.2009 was rejected by the Deputy Commissioner of Commercial Taxes. Jamshedpur on the ground that the Division Bench of the High Court of Jharkhand had been pleased to strike down the notification regarding deferment scheme and S.L.P. was filed by the State of Jharkhand in the Hon'ble Supreme Court, which was pending for consideration. Hence, the Deputy Commis sinner as per the existing situation was pleased to reject the application of the petitioner as by that time the Hon'ble Supreme Court had not interfered with Unorder passed by the High Court. It is stated that the Hon'ble Supreme Court, in fact, had already passed an order on 11.9.2007 indicating that the assessee will pay the amount towards arrears of sales tax w...
Shri Durga Slurry and Briquitte Industries Through Its Proprietor, Bha ...
Court: Jharkhand
Decided on: Aug-21-2008
Reported in: [2009(1)JCR60(Jhr)]
ORDERR.R. Prasad, J.1. This writ application has been filed for a direction upon the respondents commanding upon them to issue sale order by accepting the offer of the petitioner for lefting old Waste Slurry of the respondents on payment of price and also in terms/conditions fixed by the respondents as per the scheme from the lease hold lands of the petitioner situated at Mauza Kenduadih, Fularitand, Barmasia and Maheshpur.2. In order to have better appreciation of the case, certain backgrounds of the events as highlighted in the counter affidavit and also in the Interlocutory Application bearing No. 137 of 2006 filed on behalf of the respondents-B.C.C.L. need to be taken notice of.3. M/s. B.C.C.L. has established various washeries for the purposes of washing of coal after extraction from the coal mines and crushed into different sizes. The slurry ponds and re-circulation dumping systems are invariably built on the boundary of the washery premises. The washery premises having slurry po...
Sudhir Kumar Sinha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-21-2008
Reported in: [2008(118)FLR300]; [2008(4)JCR633(Jhr)]
ORDER1. This is a petition for contempt, which has been filed for the second time alleging that the order dated 16.2.2006 passed by the Division Bench in L.P.A No. 536/2005 has not been complied in letter and spirit, as the petitioner although has been paid his current salary, he lias not been paid his arrears of salary in spite of subsequent direction issued by this Court on 7.9.2007 in Cont. (C) Case No. 615 of 2007, which categorically directed as follows:.The respondents are directed to pay the dues of the salary to the petitioner within four weeks from the date of receipt/production of a copy of this order.2. It was submitted by learned Counsel for the petitioner that although current salary has been paid to the petitioner, the dues accruing towards arrears of salary has not been paid to him.3. Learned G.P.-I, Mr. Modi, has strongly refuted the contention of the counsel for the petitioner and submitted that the petitioner has duly been paid his current salary after he joined his t...
Jharkhand Police Association, Vs. State of Jharkhand and Ors.
Court: Jharkhand
Decided on: Aug-20-2008
Reported in: [2008(119)FLR852]; [2008(4)JCR399(Jhr)]
D.G.R. Patnaik, J.1. Petitioners in this writ application have prayed for quashing the letter No. 822 dated 01.11.2007 issued by the respondent No. 3 under which difficulty allowance (Duruh Allowance) of 15% of the salary has been stopped to those police personnel who are not posted in the police stations and are posted either in the police lines or in the police head quarters.2. Learned Counsel for the petitioners explains that under a notification vide letter dated 25.05.2005 (Annexure-1) issued by the Home Department of the State Government, difficulty allowance was to be paid to all such police personnel posted in such districts which have been declared by the Central Government as naxal affected districts. Pursuant to the aforesaid notification of the Home Department, the respondent No. 4 has issued a direction for payment of difficulty allowance to all the police personnel posted in the district of Lohardaga including those who are posted in the police lines and police headquarte...
Kalawati Coal Private Ltd. Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Aug-20-2008
Reported in: 2009(57)BLJR290; [2009(1)JCR88(Jhr)]
D.G.R. Patnaik, J.1. Prayer in this writ application has been made by the petitioner for quashing the order dated 16.10.2007 vide Memo No. 2859 (Annexure-3), issued under the signature of Respondent No. 3, whereby supply of coal to the petitioner has been refused to be resumed. Further prayer has also been made for an appropriate writ in the nature of mandamus commanding upon the Respondents to forthwith resume supply of coal to the petitioner.2. The facts of the petitioner's case in brief are as follows:The petitioner is a Registered Private Ltd. Company.The Coal India Ltd. after examining all the relevant papers and project report of the petitioner had granted the coal linkage vide its letter/order dated 13.12.1999 to the petitioner's Company, established at Daltonganj in the district of Medininagar. The maximum permissible coal, which the petitioner was allowed to lift was 2500 M.T. per month.Since after the grant of coal linkage, the petitioner's Factory was running satisfactorily....
Archana Jha Vs. the Oriental Insurance Co. Ltd. and ors.
Court: Jharkhand
Decided on: Aug-20-2008
Reported in: 2009ACJ1690; [2008(4)JCR311(Jhr)]
M.Y. Eqbal, J.1. The claimant-appellant has preferred this appeal for enhancement of compensation assessed by the Motor Accident Claims Tribunal, Jamshedpur by judgment and award dated 7th October, 2005 passed in Compensation Case No. 80 of 1993. By the said judgment, a sum of Rs. 5,12,180/- has been awarded to the appellant for the death of her husband in a motor vehicle accident.2. We have heard the learned Counsels appearing for the claimant-appellant and the Insurance Company on the question of quantum of compensation as the parties are not in issue on other facts.3. The facts of the case, in brief, are that the deceased Jitendra Nath Jha along with his wife, Archana Jha, boarded Tata Maxi 407 at Ghatshila on 29.4.1993 for going to Jamshedpur. It was stated that the driver of the said maxi was driving the vehicle very rashly and negligently in high speed. When the said maxi reached near village Kapagora on NH-33, it dashed with the military truck coming from opposite direction, as ...
Avinash Bhaskar Vs. Birla Institute of Technology and anr.
Court: Jharkhand
Decided on: Aug-20-2008
Reported in: 2009(57)BLJR342; [2009(1)JCR77(Jhr)]
R.R. Prasad, J.1. The petitioner had been admitted in BHMCT course (Hotel Management) a 4-years degree course in Birla Institute of Technology (BIT Mesra), Ranchi in the year 2003 and came out successful in all the semester examination including 6th semester by securing first class marks. While the petitioner was in the 6th semester, he underwent six months' training in Seven Star Hotel at Goa from 5.12.2005 to 6.5.2006. After completing training when he returned home, he took admission in 7th semester on 18.7.2006. On 10.8.2006, the Superintendent of Hostel No. 7 and also Associate Deans when came to know that the students of 1st semester of BHMCT course have been subjected to ragging by the senior colleagues from 24.7.2006 to 10.8.2006, the matter was enquired into whereupon seven students of the 1st year of BHMCT course including Gaurav Bhardwaj, Amit Kumar Verma and Satyajeet Srivastava made a complaint in writing that ragging has been going on in the 5th lobby of Hostel No. 7 regu...
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