Jharkhand Court September 2008 Judgments
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Bishop's School and Anr. Vs. State of Bihar (now Jharkhand) and Ors.
Court: Jharkhand
Decided on: Sep-25-2008
Reported in: [2008(119)FLR946]; (2009)ILLJ693Jhar
Ajit Kumar Sinha, J.1. The present writ petition has been preferred for issuance of an appropriate writ, order of direction in the nature of certiorari for quashing the notices dated 17/18.3.1998 and 28.4.3998, issued by respondent No. 2, Inspector of Factories, Circle No. 2, Doranda, Ranchi, whereby, he has summoned petitioner No. 2, namely, Richard Ian Thornton, Principal of Bishop's School, Old Hazaribagh Road, Ranchi as also the Father Z.A. Therom, the President of petitioner No. 1, and directed them to get the school registered under the provisions of Factories Act, 1948 and Bihar Factories Rules, 1950 and further to comply with various provisions of the said Act and Rules.2. The main point raised by the petitioners for determination is as to whether the impugned notices are on the face of it illegal, arbitrary and vindictive. The petitioners have also alleged malafide against respondent No. 3, as according to them, he became inimical and annoyed because the request for admission ...
Bhushan Enterprises and Laxmi Enterprises Vs. State of Jharkhand and o ...
Court: Jharkhand
Decided on: Sep-25-2008
Reported in: [2009(2)JCR359(Jhr)]
ORDERD.G.R. Patnaik, J.1. By this common order, both these writ applications are disposed of since issues involved are identical.2. Challenge in both these writ applications is to the orders dated 1.2.2008 6.2.2008 passed by the Certificate Officer, Dhalbhum, Jamshedpur (Respondent No. 2) in C.C. No. 120(BL) of 2007-2008 and C.C. No. 123 (BL) of 2007-08 respectively, whereby the objection of the petitioners against continuation of the certificate proceeding for recovery of the debt due to the respondent Bank before the Certificate Officer, was rejected,3. The petitioners in both these writ applications, who are referred to as 'debtors' had obtained loan from the respondent Bank. The principal amount of debt payable by the petitioners was above Rs. 11 lakhs excluding interest.Consequent upon failure of the petitioners to repay the debt amount, the respondent Bank filed two separate cases before the Certificate Officer, Dhalbhum, Jamshedpur under the Bihar and Orissa Public Demands Recov...
Ram Chandra Jaiswal Vs. M.S.T.C. Ltd. a Government of India Enterprise ...
Court: Jharkhand
Decided on: Sep-24-2008
Reported in: [2008(4)JCR489(Jhr)]
ORDERD.G.R. Patnaik, J.1. Prayer in this writ application is for a writ in the nature of mandamus commanding upon the respondents to forthwith confirm the grant of Tender No. MSTC/ERO/JSEB/07/T-144, dated 28.3.2007 in favour of the petitioner and to permit the petitioner to lift 4650 M.T. of Iron Scrap lying at the site of P.T.P.S. in accordance with the terms and conditions of the aforesaid Tender.A further prayer, introduced by way of amendment of the original writ application vide an interlocutory application No. 2412 of 2008, on the basis of certain developments subsequent to the filing of the writ application, is for issuance of a writ of certiorari for quashing the letter No. 683 (S & P) dated 2.8.2008 written by the Chief Engineer (Store and Purchase) (Respondent No. 7) to the Sr. Law Adviser-cum-Addition-al Secretary by which the aforesaid Tender regarding disposal of 4650 M.T. of iron scrap lying at the site of P.T.P.S. has been decided to be cancelled and re-auctioned and als...
Dudheshwar Mahto Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-24-2008
Reported in: [2009(1)JCR174(Jhr)]
R.R. Prasad, J.1. The petitioner was appointed as Malaria Inspector on 10.9.1961. Subsequently, he was appointed on the post of Lab Technician on 1.2.1972 at Primary Health Centre, Baliapur in the district of Dhanbad and his pay was fixed in the scale of Rs. 4500-7000/- and accordingly, the petitioner went on drawing the salary in the said scale for about 30 years and that petitioner was even granted first financial upgradation (1st A.C.P) in the scale of Rs. 5000-8000/- and also second financial upgradation (2nd A.C.P) in the scale of Rs. 5500-9000/- with effect from 8.9.1999. After the petitioner retired on 31.1.2001, an objection was raised that the petitioner was wrongly given pay scale of Rs. 4500-7000/- as that pay scale was admissible to the Lab Technician, who had passed B.Sc/I.Sc and holds Diploma of Technician but the petitioner being not Diploma holder, is entitled to pay scale of Rs. 4000-6000/- and, accordingly, order was passed as contained in memo No. PEN-4-1833 dated 2....
Maju Kumari Singh @ Smt. Manju Singh Vs. Avinash Kumar Singh
Court: Jharkhand
Decided on: Sep-24-2008
Reported in: AIR2009Jhar35; [2009(1)JCR400(Jhr)]
M.Y. Eqbal, J.1. This appeal under Section 19(1) of the Family Courts Act is directed against the judgment and decree dated 23rd December, 2002 passed by the Principal Judge, Family Court, Singhbhum East at Jamshedpur in Matrimonial Suit No. 40 of 2001 whereby the suit filed by the respondent-husband for the dissolution of marriage by a decree of divorce has been decreed.2. The case of the respondent-husband as pleaded in the plaint is that he was married with the appellant on 16th February, 1997 at Telco Colony, Jamshedpur. After the marriage, both the husband and the wife lived together at Govindpur, Jamshedpur before 3rd of April, 1997. The marriage was duly consummated. Since the respondent was a practicing lawyer at Patna, he had to return to Patna, whereas the appellant continued to live in her matrimonial house at Jamshedpur. The respondent's case is that he assured the appellant that as soon as he arranged for a suitable accommodation at Patna, he shall take her there. But afte...
Bharteshwar NaraIn Lal Das Vs. State of Jharkhand Through Cbi
Court: Jharkhand
Decided on: Sep-24-2008
Reported in: 2009CriLJ1015
R.R. Prasad, J.1. Heard learned Counsel appearing for the appellant and learned Counsel appearing for the CBI on the matter of ball.2. Learned Counsel appearing for the appellant submitted that the appellant, who at the relevant point of time, was posted as Accountant in the Treasury, Chaibasa, has been convicted for the offences under Sections 409, 420, 467,468, 471/465 read with Section 120(B) of the Indian Penal Code and also under Section 477A of the Indian Penal Code as well as under Section 13(2) read with Section 13(1)(c)(d) of the Prevention of Corruption Act and was awarded maximum sentence for four years for some of the offences on the allegation that the appellant in connivance with other officials of Animal Husbandry Department and also with the suppliers got the bills of more than Rs. 5000/- drawn by DDO passed which was against the provision of Bihar Financial Rules as DDO was not empowered to draw money from the bills of more than Rs. 5000/ - but conviction and sentence ...
Santosh Kumar Dubey Vs. Steel Authority of India Ltd. and ors.
Court: Jharkhand
Decided on: Sep-24-2008
Reported in: [2009(1)JCR110(Jhr)]
ORDERR.R. Prasad, J.1. This writ application is directed against the order dated 8.3.2003 (Annexure 13) passed by Deputy General Manager (DNW), Bokaro Steel Plant, Bokaro, respondent No. 2 whereby the petitioner was dismissed from the service of the Bokaro Steel Plant, Bokaro. Further prayer is to direct the respondent to reinstate the petitioner with immediate effect.2. The case of the petitioner is that late Jatadhari Pandey and Damurdhari Pandey, both sons of late Sridam Pandey were having landed properties situated in Mouza Patharkotha which were acquired by the Steel Authority of India Limited for the purpose of establishing Bokaro Steel Plant at Bokaro. Accordingly, a joint award in terms of Section 12(2) of the Land Acquisition Act was passed in favour of Devendra Pandey and his brothers, all sons of Damurdhari Pandey and Jathadhari Pandey who had only one daughter, namely, Smt. Jyotibala Pandey (mother of the petitioner) who was living with her father for taking care of him. As...
Vinod Kumar Varman and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-24-2008
Reported in: 2009(57)BLJR651; [2009(1)JCR407(Jhr)]
D.G.R. Patnaik, J.1. The petitioner in this writ application has challenged the order contained in memo No. 153 dated 9.5.2008 (Annexure-3) whereby the Sub Divisional Officer, Porahat, Chakradharpur (respondent No. 2) has cancelled the petitioners' licence No. 2 of 2007 and 4 of 2008 respectively purportedly under Clause 11 of the Jharkhand Trade Articles (Licences Unification) Order, 1984.2. The case of the petitioners, in brief, is that the petitioners had applied for grant of trade licence under Clause 3 of the Unification Order for their appointment as dealers under the Public Distribution System (PDS).3. The petitioner No. 1 was granted a trade licence No. 2 of 2007 for Chakradharpur Rural Area. Petitioner No. 2 had also applied for a similar licence and on receipt of his application and pursuant to the direction of the Sub Divisional Officer, an enquiry was conducted by the Block Supply Officer, Chakradharpur, who submitted his report indicating therein that as per the affidavit ...
Sankari Masomat and anr. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-24-2008
Reported in: 2009CriLJ1445
ORDERD.G.R. Patnaik, J.1. Laxman Rana, the husband of the petitioner No. 2, was undergoing sentence as a life convict in the District Jail, Hazaribagh. Another convict Jai Nandan Rajwar who was also undergoing life imprisonment, was lodged in the same jail and in the same ward.In the morning of 20-6-2004, Laxmana Rana suffered unnatural death while under jail custody, due to assault made by Jai Nandan Rajwar.F.I.R. regarding the murder of the deceased convict Laxman Rana was lodged by the Head Warden of the jail.2. The deceased left behind his widow namely the petitioner No. 2 and the widow mother (Petitioner No. 1) and four minor children.3. The petitioner No. 2 had claimed compensation from the respondent State for the premature death of her husband which had occurred on account of alleged negligence on the part of the jail authorities to provide safely and protection to the life and person of the deceased inside the jail.4. The contention of the petitioners is that though the deceas...
Carefull Kandeyang Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-23-2008
Reported in: 2009(57)BLJR307; [2008(4)JCR494(Jhr)]
R.R. Prasad, J.1. This writ application has been filed for a direction to the respondent to pay death-cum retiral benefit to the petitioner, being widow of late Bijay Kumar Kandeyang, who died in harness on 12.2.2004 and also for a direction to the respondent to consider the case of the petitioner for her appointment on compassionate ground.2. Leaned Counsel appearing for the petitioner submits that late Bijay Kumar Kandeyang while was working as Head Clerk in the office of Circle Officer, Kumardungi died on 12.2.2004. Thereupon, the petitioner, being first wife, filed an application before the Circle Officer (respondent No. 3) for payment of death-cum-retiral benefit to her and also asked for her appointment on compassionate ground. Upon which, certain amount in part due to be paid on account of gratuity, leave encashment, group Insurance and even arrears of pension was paid. But rest of the amount due to be paid on account of arrears of provisional pension, group insurance and the pr...
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