Jharkhand Court August 2008 Judgments
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Ramashray Prasad Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-12-2008
Reported in: 2008(56)BLJR2907; [2008(4)JCR116(Jhr)]
R.R. Prasad, J.1. The petitioner while was posted as Executive Engineer in-charge, Minor Distribution Division No. 7, Galudih under Chief Engineer, Swarn Rekha Multi Purpose Project, Chandil, the department in the year 1999-2000 entered into an agreement with one M/s. Himachal Construction Company Private Limited for residual work of construction of open cut and open channel of Chandil Left Bank Canal. Under the agreement, disposal of excavated material was to be done by truck or tipper beyond 150 meter upto 1 kilometer. The payment of which was to be made only after getting lead plan approved by the Chief Engineer but the payment of Rs. 24 lacs was made without getting approval of Chief Engineer. When the matter was reported to the Government, the Government did find certain irregularities in the matter of payment of Rs. 24 lacs as the same was paid without approval of the lead plan and accordingly, it was decided to suspend all concerned officers including the petitioner in contempla...
Tata Motors Ltd. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-12-2008
Reported in: 2008(56)BLJR2903; [2008(4)JCR370(Jhr)]
1. By this application, the petitioner has prayed for quashing the notice No. 383 dated 6.2.2007 with regard to the entry tax assessment for the year 2005-06 issued under the provisions of the Bihar Tax on Entry of Goods into the local Areas for Consumption, Use or Sale there in Act, 1993, us adopted and amended by the State of Jharkhand and further sought a direction to the respondents to refund the entry tax paid by the petitioner-company in respect of the assessment year 2005-06 alongwith interest.2. Learned Counsel appearing for the petitioner further submits that although the provisions of entry tax have been declared ultra-vires by a division bench of this Court, the respondents are issuing notices for assessment of entry tax. He further stated that having regard to the division bench judgment declaring the provisions of entry tax as ultra vires, the petitioner is entitled to refund the amount.3. Learned Counsel appearing for the petitioner has drawn our attention to Annexure-9 t...
Md. Najrul Hassan Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-12-2008
Reported in: 2008(57)BLJR34; [2008(4)JCR406(Jhr)]
M.Y. Eqbal, J.1. In all these writ petitions since common relief has been sought for, they have been heard together and disposed of by this common order.2. W.P. (PIL) No. 3166/08 is a public interest litigation seeking issuance of a writ in the nature of quo warranto for quashing the Notification No. 1420 dated 16.3.2007 issued under the signature of Respondent No. 4 Deputy Secretary, Department of Forest & Environment, Jharkhand Ranchi whereby respondent No. 5, Shri R.K. Sinha has been appointed as the Secretary of the Jharkhand State Pollution Control Board and for a direction to the respondents to fill up the post of Member Secretary, Jharkhand State Pollution Control Board by a competent and eligible person having clean records.3. In WPC No. 3203 of 2007, petitioner claiming himself to a social worker has made similar prayer for quashing the Notification dated 13.2.2007 issued by Forest and Environment Department, Government of Jharkhand authorizing respondent No. 5, Mr. R.K. Sinha...
Kanhaiya Prasad Singh Vs. State of Jharkhand and Director General of P ...
Court: Jharkhand
Decided on: Aug-12-2008
Reported in: 2008(57)BLJR64; 2009CriLJ1016
ORDERAmareshwar Sahay, J.1. Heard the parties.2. The prayer of the petitioner in this application is to quash the order dated 05/06/2008 passed by the Sessions Judge, Seraikella-Kharsawan in Sessions Trial No. 53/2008, rejecting the prayer of the petitioner for keeping the said Sessions Trial in abeyance on the ground that the C.I.D. has taken over the investigation of the case.3. The facts in short giving rise to this application are that an FIR being Chandil P.S. Case No. 60/2007 was registered under Section 302/201 IPC on the Fardbeyan of Chaukidar Niwaran Mahli wherein it is alleged that on 03/05/2007 the said Chaukidar got information at 9.00 a.m. that a dead body was lying in front of I.B.P. Petrol Pump in village Ashabani at NH-33. The dead body was identified on the basis of the Identity Card found in his pocket, as Suresh Singh, resident of A-302, Monika Apartment, Jaidev Path, Bailey Road, Patna. On enquiry nobody could identify the deceased. The deceased was found to have be...
Vivek Sao @ Vikky Sao Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Aug-12-2008
Reported in: 2008(57)BLJR138
Amareshwar Sahay, J.1. Heard the parties.2. The short question to be decided in this case is as to from which date, the period of 90 days or 60 days for completion of investigation of a case as envisaged under Section 167 Cr.P.C. should be counted i.e. from the date of remand to the Judicial custody or any other date.3. The facts leading to the present case are that FIR being Jharia P.S. Case No. 004/2008 was registered on 04.01.2008 under Sections 20, 22 and 29 of the N.D.P.S. Act against the petitioner Vivek Sao @ Vikky Sao and one another. In the F.I.R, it has been alleged by the informant i.e. the Sub Inspector of Police-cum-Officer-in-charge of the Jharia Police Station that on 04.01.2008, at about 10:30 A.M., he received a secret information that one man namely Vivek Sao @ Vikky Sao was going to supply Heroine (Drugs) to one of the purchaser in Mohalla Upper Kulhi. On this information, the Officer-in-charge contacted the Jharia Police Station and thereafter, constituted a raiding...
Sarwan Singh and anr. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Aug-12-2008
Reported in: [2009(1)JCR72(Jhr)]
ORDERAmareshwar Sahay, J.1. The two petitioners have filed this application for quashing of the FIR being Govindpur P.S. Case No. 51 of 2004, registered under Sections 419, 420, 467, 468, 471 and 120-B of the Indian Penal Code against them.2. According to the FIR lodged by one Lalan Kumar Thakur, S.I. of Police, a telephonic message was received from the Superintendent of Police, Dhanbad on 25.2.2004 to the effect that in the premises of Pradip Hard Coke Industries, on the basis of forged papers, slurry coal on several trucks was to be unloaded illegally. On this information, the informant proceeded along with other Police Officials and reached at 1.00 a.m. on 26.2.2004 in the joint premises of Pradip Hard Industries and Maa Parwati Industries. There it was found that three trucks loaded with slurry coal were standing. From two trucks, slurry coal was being unloaded by labourers. On enquiry, the labourers disclosed that all the three trucks had come from Rajrappa Washery. The truck dri...
Usha Devi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-12-2008
Reported in: [2008(4)JCR339(Jhr)]
ORDERD.G.R. Patnaik, J.1. Petitioner in this writ application has prayed for an appropriate writ directing the Director, Social Welfare Department, Jharkhand, Ranchi (respondent No. 2), to cancel the selection of the Private respondent No. 9 on the post of Anganbari Sevika at Chandpur-II, Anganbari Centre and also for a direction to the Deputy Commissioner, Deoghar (respondent No. 4), for conducting a fresh selection of Anganbari Sevika of the aforesaid Centre by calling a general meeting of Villagers for selecting Anganbari Sevika by constituting a Selection Committee under the chairmanship of the concerned C.D.P.O.2. The petitioner's case in brief is that she is a Graduate unemployed lady belonging to the Backward Category and is a permanent resident of village Chandpur situated under Deoghar Block within the district of Deoghar. She had applied for her selection as Anganbari Sevika for the Anganbari Centre at Chandpur-II, Jasidih. At the Amsabha of the Villagers, the petitioner's na...
Dr. Junul Bhengaraj and ors., Vs. State of Jharkhand Through Cbi and o ...
Court: Jharkhand
Decided on: Aug-11-2008
Reported in: 2009CriLJ469
R.R. Prasad, J.1. All the four cases were heard together, though reliefs sought for in these cases are different but in course of argument, grievances were raised which are common and on that grievance prayer was made which had never been prayed for in the petition except in one writ petition to the effect that the trial court be directed to deliver the judgments in different cases in which petitioners are accused simultaneously and under these circumstances all the cases are being disposed of by the common order as facts of the cases are identical.2. In W.P (Cr.) No. 183 of 2007, the prayer has been made to direct the Special Judge, CBI (AHD cases) to amalgamate the case bearing R.C.no.20A of 1996 with other cases bearing R.C. No. 68A of 1996, R.C. 49A of 1996 and R.C.51A of 1996 whereas in Cr.M.P. No. 187 of 2008, the prayer has been made to amalgamate all the cases, in which the petitioners are accused, which are pending before different Special Judges, CBI (AHD cases) and those cas...
Halima Khatoon Vs. Sayed Rashid Ahmad
Court: Jharkhand
Decided on: Aug-11-2008
Reported in: [2008(4)JCR124(Jhr)]
ORDERR.K. Merathia, J.1. The appeal arises out of the Judgment dated 6.9.2002 passed by 3rd Additional District Judge, Jamshedpur in Title Appeal No. 6 of 1988 affirming the judgment dated 19.2.1988 and decree dated 29.2.1988 passed by the 3rd Sub-Judge. Jamshedpur in Title Suit No. 66 of 1985/39 of 1986.2. The respondent-plaintiff filed this suit for declaration of his right, title and interest over the Schedule A property and for Khas possession of the same after evicting the defendant (predecessor in interest of the appellant herein); and for declaring that the defendant is no way related with, and he is not the legal heir and successor of late Abdul Ghani; and for declaring that the decree obtained by the defendant in Title Suit No. 22 of 1977 is not binding on the plaintiff, etc.3. According to the plaintiff, late Abdul Ghani left India on 27.5.1964 and then died in Pakistan on 13.10.1983 leaving behind his wife Aisha Khatoon, son Mahmood Ahmad, daughter Anisa and the plaintiff be...
Tara Devi and ors. Vs. Mrs. Saifun Khatoon and anr.
Court: Jharkhand
Decided on: Aug-11-2008
Reported in: [2008(4)JCR313(Jhr)]
ORDER1. This appeal by the claimants-appellants is for enhancement of compensation. The deceased, Sharwan Kumar Agarwal, died in a motor vehicle accident on 8.3.2003. The claimants adduced evidence to the effect that the deceased was aged about 55 years and he was carrying on different businesses like retail medicine business, hosiery business and other businesses. In support of the earning of the deceased Income Tax Return certificate has been produced for the year 2002-03 showing the gross income of the deceased at Rs. 53,774/-. The Tribunal dealt with the evidence in paragraph 18 of the judgment, which is reproduced herein below:In the claim petition it is further said that the deceased was doing business and supply and his monthly income was Rs. 5000/- and he was income tax assessee. On the point of occupation and income of the deceased the plaintiffs witnesses have stated that the deceased was doing the business of supply of medicine and hosiery goods on commission basis and his m...