Jharkhand Court January 2009 Judgments
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Basic Fuels Pvt. Ltd. Vs. Bharat Coking Coal Ltd. Through Its Chairman ...
Court: Jharkhand
Decided on: Jan-16-2009
Reported in: [2009(1)JCR595(Jhr)]
ORDERR.R. Prasad, J.1. This writ application has been filed for quashing the order as contained in letter No. BCCL/S&M;/PS/F-19 points/2409 dated 31.7.2007 as contained in Annexure 10 whereby Bharat Coking Coal Limited has refused to allocate the coal to the petitioner's firm namely, M/s. Basic Fuels Pvt. Ltd. Further prayer is to direct the respondents to allocate the coal to the petitioner's unit on the terms and conditions of the linkage.2. It is the case of the petitioner that under the consultation of CMPDI. Special Smokeless Fuel (SSF) plant was established at Badgunda. District-Giridih. Thereafter, the officials of CMPDI as well as Bharat Coking Coal Limited made inspection of the plant and when everything was found in order for commissioning of the said plant, Coal India Limited started supplying coal to the tune of 5000 M.T. under the scheme of coal linkage. While everything was going on smoothly, Bharat Coking Coal Limited issued a notice dated 30.11.2004, whereby detailed in...
Budhan Pandit Vs. Bharat Refractories Ltd. and ors.
Court: Jharkhand
Decided on: Jan-16-2009
Reported in: [2009(121)FLR72]; [2009(1)JCR587(Jhr)]
ORDERD.G.R. Patnaik, J.1. Prayer in this writ application is for quashing the Office Order No. Karmik/173 dated 24.6.2003 (Annexure-8), issued under the signature of the respondent No. 4, whereby the petitioner has been informed of his superannuation from service with effect from 30.9.2008.The petitioner has challenged the aforesaid notification as being illegal, arbitrary and contrary to the principles of natural justice.2. The petitioner's case in brief is that he was initially appointed on 1.3.1971 on the post of Peon under the India Fire Bricks Insulation Company Ltd which was a private company and which was later on taken over by the Central Government. At the time of his appointment, his age was recorded as 21 years as on 1.3.1971. Later, his date of birth was corrected as 21.10.1952 on the basis of his matriculation certificate (Annexure-1) and such corrected date of birth was mentioned in his Provident Fund Form, Medical Card and Identity Card. According to the aforesaid correc...
Dhanbad Cold Storage Private Limited Vs. the Employees State Insurance ...
Court: Jharkhand
Decided on: Jan-16-2009
Reported in: [2009(1)JCR590(Jhr)]; (2009)IILLJ608Jhar
ORDERD.G.R. Patnaik, J.1. Challenge in this writ application is to the order dated 7.9.2007 passed in ESI Case No. 03 of 2008 by the Presiding Officer, Labour Court-cum-Authority under Employees State Insurance Act, Dhanbad, whereby the petitioner's prayer for waiver of pre-requisite deposit of 50% of the disputed amount, have been rejected. Similar challenge has also been made against the order dated 1.2.2008 passed in the aforesaid case by the learned court below, whereby the main application filed by the petitioner in respect of the maintainability of the proceeding itself, was dismissed. A further prayer has been made for quashing the provisional registration certificate issued by the respondent which, according to the petitioner, was issued under misconception and with ulterior motive, though according to the petitioner, it is not liable for registration or for coverage of any amount under the provisions of the Employees' State Insurance Act.2. The petitioner's case in brief is th...
Jharkhand State Electricity Board Through Shri S.C. Srivastava, Electr ...
Court: Jharkhand
Decided on: Jan-16-2009
Reported in: AIR2009Jhar95; 2009(57)BLJR1125
ORDERAjit Kumar Sinha, J.1. The present writ petition has been filed for the following reliefs:(i) For issuance of a writ of certiorari quashing the order dated 8.5.2002 passed by the General Manager-cum-Chief Engineer, Singhbhum Area, Jamshedpur, whereby he has illegally decided the representation in favour of respondent No. 2 without hearing the representative of the petitioner and without properly considering the materials/documents available on record.(ii) For issuance of a writ of mandamus commanding upon the General Manager-cum-Chief Engineer, Singhbhum Area, Jamshedpur, to decide the matter afresh after giving proper opportunity of hearing to both the sides i.e. the petitioner and respondent No. 2 and going through all possible aspects in relation to pilferage of electrical energy done by respondent No. 2.2. The facts, in brief, are set out as under:The petitioner is a statutory body constituted under Section 5 of the Electric (Supply) Act, 1948 and respondent No. 1 is the Gener...
Nelson Bhuiya, Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jan-16-2009
Reported in: 2009(57)BLJR2749
1. We have not preferred to name the victim in this judgment in view of the amended Section 228A of the Indian Penal Code read with the decision of the Supreme Court in State of Karnataka v. Pattu Raja : 2004 (1) S.C.C. page 475 and hereafter refer her as the victim or the victim girl.2. The appellants were charged for committing rape on the victim girl and were tried and found guilty under Section 376(2)(g). They have been convicted and sentenced to undergo life imprisonment and to pay a line of Rs. 5,000/- each and in default to undergo rigorous imprisonment for two years. The appellant, Pradip Gope, has been also convicted under Section 341 of the Indian Penal Code but there is no order of separate sentence for the same.3. The case of the prosecution in short was that the victim girl, who happened to be a maid servant, was returning home after attending here work on 21.02.1995 was forcibly dragged, ravished and raped by eight accused persons.4. The allegation is that the appellant P...
Birendra Kumar Mishra Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-15-2009
Reported in: 2009(57)BLJR1129
1. This intra court Appeal has been filed against the order dated 29.6.2005, passed in W.P.S. No. 2520 of 2005 dismissing the Writ petition of the appellant.2. On 22.3.2006, the following questions were framed in this appeal:In this appeal, the following questions require to be determined:(a) Whether there is any reservation of seat in the Schools/Colleges for disabled children: (b) Whether general trained teachers or physical trained teachers can teach the disabled children or for that trained persons for mentally retarded child should be appointed.... 3. With regard to the said questions, Mr. Tandon referred to the following paragraphs of the affidavit filed on behalf of State-respondents:12 That with reference to the first question as to whether there is any reservation of seals in the school/colleges for disabled children, the answering respondents state that the Government of Jharkhand by Resolutions contained in Memo No. 5800 dated 10.10.2002 and Memo No. 5776 dated 10.10.2002 ha...
Ledwa Oraon Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jan-15-2009
Reported in: [2009(1)JCR569(Jhr)]
ORDER1. This appeal is directed against the judgment dated 6.12.1999 passed by the learned 1st Additional Judge, Gumla in S.T. No. 100 of 1997 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to undergo R.I. for life.2. Prosecution case in short is that Jiwanti Devi (PW 2) wife of Bhukhla Oraon (the deceased) gave fardbeyan at her house on 6.6.1996 at about 4.15 p.m. to the police officer to the effect that at the preceding night when she was sleeping with her husband Bhukhla Oraon in the verandah, at about 3 a.m. four persons including the appellant came into her house. One person flashed torch over them on which they woke up and saw the appellant and three others. The appellant had torch in one hand and gun in other and he fired from his gun from a very close distance in front of the neck of her husband Bhukhla Oraon due to which he fell down and died immediately. The accused persons then fled away. Except the appellant, the other accused had no ...
Anant Mardi and ors. Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jan-15-2009
Reported in: 2009(57)BLJR2757
1. The appellants are aggrieved by their conviction and order of sentence passed against them by learned Additional Sessions Judge in Sessions Trial No. 177 of 1995. All the appellants have been found guilty and convicted under Sections 341, 379, 148, 302/149 of the Indian Penal Code. The appellant No. 3 Surai Mardi, in addition, has also been convicted under Section 323 of the Indian Penal Code. For the offences under Section 302/149 I.P.C. they have been sentenced to undergo life imprisonment; under Section 379 rigorous imprisonment for two years; under Section 148 rigorous imprisonment for one year and under Section 341 rigorous imprisonment for six months. Surai Mardi has been additionally sentenced under Section 323 to undergo rigorous imprisonment for three months. The sentences are to run concurrently.2. The prosecution case, as disclosed in the Fardbayan of Bikram Mardi (P.W. 7), in brief, is that on 14.11.1994 at about 11 AM he got information that several persons including th...
Central Coalfields Limited and ors. Vs. Narendra Kumar Giri
Court: Jharkhand
Decided on: Jan-13-2009
Reported in: 2009(57)BLJR1110
1. This intra court appeal has been filed by the Management, against the judgment dated 13.9.2004, passed in C.W.J.C. No. 2109 of 1996 (R) by learned Single Judge, allowing the writ petition in part by setting aside the punishment of dismissal and directing the Management-appellant to prescribe proper punishment other than dismissal.2. The facts, in short, are as follows. Respondent-writ petitioner-workman was served with a charge sheet dated 20-21/1/1995, which reads as follows:To, Sri N.K. Giri, Foreman, D.G. Set, Bachra. You are hereby required to state as to why disciplinary action even amounting to dismissal from the service of the C.C. Ltd., should not be taken against you under the Certified Standing Order applicable to this mine by which you are covered on account of the following charges:On 8.1.95 (Sunday) at about 3.45 P.M. when 11 KV DVC Ray-Bachra Feeder Power was failured and due to this maintenance work of Mine No. 1 was stopped. Shri Biswajit Prasad, Tele Optr., Bachra w...
Sushil Kumar Sinha Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-13-2009
Reported in: [2009(2)JCR312(Jhr)]
1. In this appeal the appellant has challenged the order dated 27/07/2006, passed by the learned Single Judge in W.P. (S) No. 2091 of 2004, .whereby the writ petition tiled by the petitioner/appellant was dismissed.2. The relevant facts, in short, are that the appellant was appointed as Junior Accounts Clerk and he joined on 11/12/1986 in the office of Rehabilitation Officer, Medium Irrigation Project, Ranchi vide Annexure-1. From perusal of Annexure-1, it appears that the appellant and some other were appointed by way of stop gap arrangement on ad-hoc basis, since the said office was facing difficulty in functioning due to paucity of employees.In the appointment letter, it has specifically been mentioned that the services of the employees mentioned therein may be terminated at any time without any prior notice. Subsequently, the service of the appellant was terminated on 19/12/2000. The said order of termination was challenged by the appellant by filing a writ petition, being CWJC No....
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