Jharkhand Court January 2009 Judgments
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Md. Ahsanul Haque Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-28-2009
Reported in: [2009(1)JCR619(Jhr)]
ORDERD.G.R. Patnaik, J.1. In the instant writ application the petitioner has prayed for quashing of the order vide Memo Mo. 992 dated 27.6.2008 (Annexure-3) passed by the Registrar, Co-operative Societies, State of Jharkhand, Ranchi (respondent No. 2} whereby he has dissolved the Mahgama Swawlambhi Matasyagivi Co-operative Societies and has appointed the respondent No. 5 as the Liquidator, in purported exercise of powers under the provisions of Section 45 of the Self Supporting Societies Act, 1996.2. The challenge to the impugned order is based primarily on the ground that the respondent No. 2 had acted beyond his authority since he had no power to dissolve the Self Supporting Societies as because such power is vested only with the Tribunal and none else.3. A counter-affidavit has been filed on behalf of the respondent State acknowledging the fact that the dissolution of the society by the order of the respondent No. 2 is an error since the respondent No. 2 did not have authority to pa...
Kamala Construction Co. Vs. Steel Authority of India Ltd. and ors.
Court: Jharkhand
Decided on: Jan-28-2009
Reported in: [2009(1)JCR620(Jhr)]
ORDERD.G.R. Patnaik, J.1. Prayer in this writ application, as made by the petitioner, is for issuance of a direction to the respondents to allow the petitioner to participate in the tender/tenders issued or to be issued by the respondents and to accept the tender submitted or to be submitted in respect of any notice inviting tender, without acting upon any sort of alleged order of suspension, if any.2. The facts which had led the petitioner to file this writ application, in brief, are that the respondent company had floated a global tender inviting interested parties to submit their respective tenders for executing the work indicated in the tender notice. The petitioner's tender was received along with the tenders submitted by the several other parties. The petitioner's tender was finally accepted and selected. However, there was delay in allotment of the work order to the petitioner by the respondents. The petitioner was toying with the idea as to whether he should proceed with the wo...
Abdul Hassan Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jan-28-2009
Reported in: 2009CriLJ3664
D.K. Sinha, J.1. The sole appellant Abdul Hussan has challenged his conviction recorded under Sections 328 and 379 of the Indian Penal Code by the 3rd Additional Sessions Judge, Dhanbad in S.T. No. 220 of 1992 whereby the appellant was sentenced to undergo rigorous imprisonment for five years and two years respectively on each count.2. The prosecution story in short was that on 14.1.1992 at about 8 p.m while the informant Azmat Khan along with his cousin (brother) Javed Khan was waiting for Howrah bound train at platform No. 1 of Dhanbad Railway Station, an unknown old man aged about 50/55 years claded in Dhoti and Kurta with blanket wrapped on body with his frontal teeth broken appeared before them and inquired from the informant as to where he was about to go, to which his cousin apprised the stranger that they were about to go to Howrah and thereafter all the three came at the Tea stall where the informant offered and the said old man accepted the tea as offered by him. After someti...
Prem Prakash Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-28-2009
Reported in: [2009(2)JCR415(Jhr)]
D.G.R. Patnaik, J.1. Challenge in this writ application is to the order dated 30.06.2008 (Annexure-9) passed by the respondent No. 1 whereby the petitioner has been transferred from Ranchi to Hazaribagh, in the post of Assistant Director and by the same impugned notification the intervenor Sukhdev Hembrom has been transferred to Ranchi as Deputy Director.2. The grievance of the petitioner is that he was rendering his services in the post of Deputy Director, Agriculture Plant Protection, Ranchi but by the impugned transfer order, he has been now placed on the post of Assistant Director which amounts to his demotion.3. Mr. Awdesh Kumar Mishra, learned Counsel for the petitioner submits that the impugned order of transfer is unconstitutional and suffers from vice of arbitrariness and violation of the principles of natural justice. Learned Counsel explains that the petitioner after his initial posting in the service under the respondents, had obtained his promotion to the post of Assistant...
Shashi Bhushan Choudhary Vs. Government Vaccine Institute Namkom and a ...
Court: Jharkhand
Decided on: Jan-27-2009
Reported in: [2009(1)JCR612(Jhr)]; (2009)IILLJ663Jhar
1. By Court This letters patent appeal has been preferred against the judgment dated 04/04/2006 of the learned Single Judge in C.W.J.C. No. 1133 of 1997 (R), whereby the writ petition, filed by the respondent no. 1 herein, was allowed and, thereby the award of the Labour Court was set aside by which the appellant Shashi Bhushan Choudhary was directed to be reinstated in service with full back wages.2. The relevant facts, in short, are that the father of the appellant was employed in the Government Vaccine Institute, Namkum, Ranchi and he retired from service on 31/12/1980. Subsequently, he died and then his widow made an application for appointment of this appellant on compassionate ground. The then Chief Minister directed the Superintendent, Government Vaccine Institute, Namkum, Ranchi to consider the case of this appellant for appointment on compassionate ground and, thereafter, he was appointed on compassionate ground as special case as Mazdoor in the Government Vaccine Institute, N...
Manoj Kumar Vs. the Central Coalfields Ltd. and ors.
Court: Jharkhand
Decided on: Jan-27-2009
Reported in: [2009(1)JCR617(Jhr)]
ORDERD.G.R. Patnaik, J.1. Petitioner in this writ application has prayed for a direction commanding upon the respondents to pay to the petitioner the retiral benefits including gratuity, pension and C.M.P.F. benefits together with interest calculated @ 12% per annum from the date when the amount became payable.2. The petitioner's case is that his mother Late Pairo Kamin was employed under the respondent C.C.L. and she had died on 19.12.2002. Upon her death, the petitioner had submitted the death certificate of deceased employee along with his application claiming payment of the retiral benefits on the ground that he happens to be the son and legal heir and successor to the estate of the deceased employee.Learned Counsel for the petitioner would submit that pursuant to the petitioner's claim, the respondent had released the amount of gratuity in favour of the petitioner which the petitioner has received. But apart from the amount of gratuity, the petitioner has not received any further ...
Satrughan Singhal Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-27-2009
Reported in: 2009(57)BLJR1392
1. Sunil Kumar Arora is the owner of the truck, bearing Registration No. DL-1GB-2311. The appellant is the constituted attorney of the said owner.2. The said truck with the consignment of iron wool and cotton was on the way from Jamshedpur to Delhi. On 2nd June, 1998, the said truck was checked at Chhatarpur Forest Check, Naka in Plamau district, now in Jharkhand State. In the said consignment, 210 K.G. of Katha was also concealed and seized from the truck. The driver and one Gouri Shankar Prasad, who is said to be owner of the said Katha, were arrested. The statements of the driver and said Gouri Shankar Prasad were taken at the spot. According to the driver, he had stopped the truck near a line hotel for taking meal over Manika on Ranchi-Daltonganj Road. Said Gouri Shankar Prasad insisted to load Katha on assurance of paying fare for transporting the same to Varanasi.3. Prosecution report was prepared on that basis. It was alleged that Gouri Shankar Prasad is a habitual trader of ill...
Patrik Kindo Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jan-23-2009
Reported in: 2009(57)BLJR1396
1. This is a part heard matter. Today no body appears.This appeal is directed against the judgment of conviction and order of sentence passed by learned Sessions Judge Gumla on 9.8.1999 in S.T. No. 193 of 1994 whereby and whereunder he convicted the appellant under Section 302 and 201 of the I.P.C. and sentenced him to undergo imprisonment for life for the offence under Section 302 of the IPC and rigorous imprisonment for five years for the offence under Section 201 of the I.P.C.2. The case of prosecution in short as per the fard beyan of informant William Toppo is that on 20.3.1994 he along with Ranjit Xaxa, Pius Toppo, Wilfrad Minz, Lalit Ekka, Jagdius Ekka, Rajendra Xaxa had gone to the house of Ishwar Ekka in connection with a function of engagement (Lotapani). It is further alleged that on that day itself at about 7 P.M. the informant along with deceased and others had gone for strolling in the village. During that period itself the appellant Patrik Kindo met them and demanded Raw...
Surendra Prasad Vs. Bihar State Food and Civil Supplies Corporation Lt ...
Court: Jharkhand
Decided on: Jan-22-2009
Reported in: [2009(1)JCR614(Jhr)]
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred for issuance of an appropriate writ in the nature of certiorari or for an order or direction to quash letter No. 10400 dated 31.12.2008 whereby and whereunder the respondent No. 3 purported to have communicated the decision to the respondent No. 4 regarding appointment of the respondent Nos. 5 and 6 as transporting agent for the district of Khunti for the financial year 2008-09 ignoring the claim of the petitioner for extension in terms of the agreement and for any other appropriate writ order or direction.2. The main contention raised by the petitioner is that even under agreement of Clause 14 proviso it is provided for extension and thus he has right to be considered. However during the course of argument he has produced letter No. 2:05: 344:1:2007-183 dated 7.1.2009 wherein his case has been considered for extension of one year as transport agent for the district of Ranchi. He has further contended that he was ...
Sudershan Pradhan and Janmu Pradhan Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jan-22-2009
Reported in: 2009CriLJ2609
D.G.R. Patnaik, J.1. This appeal is directed against the judgement of conviction and the order of sentence dated 28.07.1999 and 29.07.1999 respectively passed by the learned Additional District and Sessions Judge, Simdega in S.T. No. 10 of 1998 by which both the appellants were convicted for the offence under Sections 302/34 of the Indian Penal Code and sentenced to undergo life imprisonment.2. The case was registered on the basis of the Fardbeyan of the informant Mangri Devi on 13.08.1997.3. Prosecution's case in brief is that in the morning of 13.08.1997, the informant's husband Kuar Pradhan along with her son Jagat Pal Pradhan went to plough their lands situated at Khijurban. Later, the informant's daughter Gaumati Devi (P.W.-9) also went to the fields for transplantation of the paddy seedlings. At about 11.00 AM the daughter came home running and informed that her father and brother were killed by the accused Sudarshan Pradhan @ Sudar Pradhan and Janmu Pradhan. Narrating the manner...
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