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Jharkhand Court September 2008 Judgments

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Sep 10 2008

Smt. Siya Devi Vs. Union of India (Uoi) and ors.

Court: Jharkhand

Decided on: Sep-10-2008

Reported in: [2009(2)JCR389(Jhr)]

ORDERD.G.R. Patnaik, J.1. Ritlal Ram was appointed as a constable in the Boarder Security Force (BSF) on 30.8.1978. While posted in Dantiwada (Gujarat) he died in harness. The petitioner being his widow filed an application before the respondent authorities for grant of compassionate appointment to her. No considering her application, she was appointed as a sweeper in 100 Battalion Security Force at Dantiwada on a consolidated pay of Rs. 200/- per month. She joined the service pursuant to the appointment letter given to her on 15.7.1981. Such appointment, according to the petitioner was, though on temporary basis, but against a sanctioned vacant post.After rendering continuous service since the date of her appointment, she filed a representation before the concerned authorities on 16.4.1992 for her confirmation in service, but no action was taken.Subsequently, she was transferred from 47 Battalion of the BSF to the Training Centre School at Hazaribagh BSF on 30.6.1993 in the pay scale ...


Sep 09 2008

Tisco Mazdoor Union Vs. Tata Iron and Steel Company Ltd.

Court: Jharkhand

Decided on: Sep-09-2008

Reported in: [2008(4)JCR531(Jhr)]

ORDERM.Y. Eqbal, J.1. This appeal is directed against the Judgment 16.10.2007 passed by Additional District Judge. F.T.C. Jamshedpur in title Appeal No. 06 of 1994 whereby he has set aside the judgment passed by Subordinate Judge, Jamshedpur in Title Suit No. 44 of 1990 and remanded the matter back to the trial Court for taking fresh evidence of the witnesses and also taking into consideration the additional documents in order to decide the issue of relationship of landlord and tenant.2. Plaintiff/respondent, namely, Tata Iron and Steel company filed Eviction Suit No. 44 of 1990 against the defendant/appellant for his eviction from the suit premises. Plaintiffs case is that the suit property which is quarter was let out to the defendant by the plaintiff for suing it as residence of the office bearer of the defendant-Union on monthly rent of Rs. 38.60 paise. It is alleged that the quarter was allotted to the defendant as per the terms of House Permit No. 2060 dated 30.1.1986 and the def...


Sep 09 2008

Utsav Flavours, (a Unit of Hotel Amarjeet Pvt. Ltd.) Vs. Union of Indi ...

Court: Jharkhand

Decided on: Sep-09-2008

Reported in: [2008(4)JCR288(Jhr)]

ORDERR.R. Prasad, J.1. This writ application is directed against the order as contained in letter No. 2003/IRCTC/EP/Tata dated 9.10.2007 (Annexure-8) under which license granted to the petitioner to operate Food Plaza at Tatanagar Railaway Station was terminated.2. Indian Railway Catering and Tourism Corporation Limited (IRCTC) Government of India undertaking in order to upgrade the standard of catering services in Indian Railway and also at important stations including at Tatanagar Railway Station decided to set up Food Plaza so as to fulfill the requirement of large section of passengers. Pursuant to such decision IRCTC invited formal bids, vide bid dated 7.2.2003 from prospective licensees. The petitioner also participated in the bid process and was declared successful. Consequently, the petitioner was awarded with license vide letter dated 18.2.2003 to operate Food Plaza at Tatanagar Railway Station. As per Clause 14.7 of the said offer letter dated 18.2.2003, the petitioner was re...


Sep 09 2008

Pramod Kumar Jha @ P.K. Jha Vs. State of Jharkhand Through Cbi

Court: Jharkhand

Decided on: Sep-09-2008

Reported in: 2009(57)BLJR327; [2009(1)JCR680(Jhr)]

ORDERAmareshwar Sahay, J.1. Heard the counsel for the parties.2. In this application the petitioner has prayed for quashing of the entire criminal proceedings against him including the order dated 14/06/2005, passed by the Special Judge, C.B.I.-cum-3rd Additional Sessions Judge, Dhanbad in R.C. Case No. 17 (A)/91 (R), whereby the petition for discharge of the petitioner was rejected by the Special Judge.3. A first information report was registered by the CBI against the petitioner, who was posted as Revenue Inspector in Area No. VI in B.C.C.L., Dhanbad. It is alleged in the F.I.R. that on telephonic information to the effect that the petitioner was demanding Rs. 1000/- as illegal gratification from one Suresh Rawani for processing his case for employment in the B.C.C.L, the Superintendent of Police, CBI, Ranchi, directed Sri D.B. Singh, Inspector, C.B.I., Ranchi, to constitute a Team and to take necessary legal action against the accused P.K. Jha, the petitioner herein. In the Office o...


Sep 09 2008

Gyatri Devi and ors. Vs. Baijnath Sahu and anr.

Court: Jharkhand

Decided on: Sep-09-2008

Reported in: 2009ACJ2146; 2009(57)BLJR627; [2008(4)JCR680(Jhr)]

Heard the parties.1. This appeal by the claimants-appellants is for enhancement of compensation amount awarded by the learned Presiding Officer, Motor Vehicle Accidents Claim Tribunal, Ranchi against the judgment/award dated 19.07.03 passed in Compensation Case No. 104/97. By the said judgment, a sum of Rs. 1,69,000/- has been awarded to the claimants from the death of the deceased, Prithvi Nath Singh in a motor vehicle accident.2. Since the factum of the accident and the insurance of the vehicle has not been denied and disputed by the respondents. The only issue left is with regard to the quantum of compensation payable to the claimants. According to the claimants the deceased was a constable in Bihar Police Service and was getting a salary of Rs. 5000/- although, the pay slip with regard to the salary of the deceased was filed by the claimants but the same has not been proved. The Tribunal took a lump sum of Rs. 2000/- per month as the income of the deceased. After deducting one-thir...


Sep 08 2008

Md. Aftab Alam and Md. Safaque Alam Vs. the State of Jharkhand and All ...

Court: Jharkhand

Decided on: Sep-08-2008

Reported in: 2009(57)BLJR312

D.K. Sinha, J.1. The petitioners have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashment of the order dated 20.06.2007 passed by the Sessions Judge, Dhanbad in Criminal Revision No. 14 of 2007 by which the order dated 11.12.2006 passed by the Sub-Divisional Magistrate, Dhanbad was set aside in a proceeding under Section 133 Cr.P.C. in M.P. Case No. 1226 of 2003 with a direction to decide the proceeding afresh in the light of the evidence on record.2. The brief fact of the case was that the Opposite Party No. 2 (Allauddin Mansoori @ Mansuri) first party initiated a proceeding under Section 133 Cr.P.C. by filing an application before the S.D.M., Dhanbad for removal of public nuisance alleged to be caused by the petitioners second party which was registered as M.P. Case No. 1226 of 2003.3. The case of the Opposite Party No. 2 herein/first party of the proceeding was that he had purchased a part of building at Mauza Siulibari, PS Chirkunda within the Di...


Sep 08 2008

Jagdish Kumar Ojha Vs. Heavy Engineering Corporation Limited and ors.

Court: Jharkhand

Decided on: Sep-08-2008

Reported in: [2008(4)JCR630(Jhr)]

ORDERR.R. Prasad, J.1. This writ application has been filed praying therein a writ in the nature of certiorari for quashing the order as contained in memo No. D-34/60/Ch VII dated 7.4.2005 (Annexure 13) whereby respondent No. 5 directed the petitioner to vacate the quarter No. B-III-502(T).2. It is the case of the petitioner that the petitioner is an Ex-Army personnel and is presently working as Postal Assistant, in the Post Office at Doranda, Ranchi, he was allotted with the quarter No. B-III-502(T) by the Department and pursuant to order of allotment, the petitioner occupied the aforesaid quarter on 17.9.2004 and since then, he has been paying rent, electric charges, etc. While the petitioner was in occupation, respondent No. 1, Heavy Engineering Corporation got it notice issued in the newspaper for grant of Long Term Lease of the quarter on a consideration of the payment of the money stipulating therein and also deposited of earnest money. Thereafter the petitioner deposited a sum o...


Sep 08 2008

Lal Murmu Vs. State of Bihar

Court: Jharkhand

Decided on: Sep-08-2008

Reported in: [2008(4)JCR431(Jhr)]

1. The present appeal arises against the impugned judgment dated 30th March, 1987, by the 3rd Additional Sessions Judge, Dumka in Sessions Case Nos. 330/1984 and 36/1985, whereby the learned trial Court convicted the appellant for the offence under Section 302 of the Indian Penal Code and sentenced him to undergo R.I. for life.2. The prosecution case, in short, is that the informant-Bahamuni Marandi (PW 5) lodged an FIR before the police on 20.2.1984 alleging therein that in the previous evening the accused-appellant-Lal Murmu came to her house and asked her husband as to why being a 'Pradhan' of the village no action was being taken against the persons who got the crops of the villagers grazed through their cattle, to which the deceased replied that he was helpless to do anything since the villagers were not attending the panchayat. Thereafter, some altercation took place and then the appellant is said to have assaulted her husband Boila Baski by means of a 'Juath', due to which, he f...


Sep 08 2008

Abdul Khalique Vs. the Union of India (Uoi) and ors.

Court: Jharkhand

Decided on: Sep-08-2008

Reported in: 2009(57)BLJR630; [2008(119)FLR623]; [2008(4)JCR635(Jhr)]

R.R. Prasad, J.1. This application is directed against the order passed by Senior Commandant, CISF, CCL Unit, Kargali, respondent No. 2 on 4.9.2002 as contained in Annexure 3 whereby the petitioner was dismissed from the service. The appellate order as well as order passed in revision as contained in Annexures 4 and 5 of the writ application upholding the order of dismissal have also been sought to be quashed. Alternatively it has also been prayed to direct the respondent to allow the petitioner to retire voluntarily in case petitioner fails to make out a case of reinstatement as order of termination is disproportionate to minor charge of being absent from the duty unauthorizedly.2. The fact of the case is that the petitioner while working as Havildar, CISF, CCL Unit, Kargali, was granted casual leave for five days with effect from 12.12.2001 to 23.12.2001 but on 24.12.2001 he did not resume his duty. Therefore, he was called upon to resume his duty through several notices but the peti...


Sep 08 2008

Lal Dutta Thakur Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Sep-08-2008

Reported in: [2008(4)JCR623(Jhr)]

ORDERR.R. Prasad, J.1. Heard learned Counsel appearing for the petitioner, learned Counsel appearing for the State of Jharkhand and learned Counsel appearing for the State of Bihar.2. Learned Counsel appearing for the petitioner submits that while the petitioner was working as Personal Assistant to one of the Minister in the State of Bihar, was allotted with quarter, bearing quarter No. C-23, Road No. 11. Gardanibagh, Patna. Subsequently, on bifurcation of the State, the petitioner was allotted Jharkhand cadre and by virtue of that, he joined here on 25.4.2005 as Personal Assistant to the Minister, Department of Forest and Environment and presently the petitioner is working as Personal Assistant to the Minister, Department of Rural Development and when the petitioner joined here, he claimed house rent allowance under the provision as contained in Rule 5(7) of the Bihar State Employees (House Rent Allowance) Rules, 1980 as the petitioner had not been allotted any quarter in the State of...


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