Jharkhand Court January 2009 Judgments
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Dr. Rajendra Kumar Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-13-2009
Reported in: [2009(2)JCR367(Jhr)]
1. These two appeals have been preferred against the judgment and order dated 16.9.2002 passed by the learned Single Judge in W.P.(S) No. 1051 of 2002, by which the writ petition filed by the petitioner, Rajendra Kumar, who is the appellant in L.P.A No. 534/2002, although was allowed, the relief specifically sought by him, seeking appointment on the post of Principal, was not granted by the learned Single Judge, as the respondent authorities were merely permitted to fill up the post of Principal in K.S.G.M College on regular basis. However, in the interest of administrative exigency, the senior most teacher of the College was permitted to be made Professor In-charge to function and discharge the duties of Principal.2. The petitioner, Rajendra Kumar, appellant in L.P.A No. 534/2002 had filed the writ petition against the decision dated 6.11.2000 taken by the Governing Body of K.S.G.M College, Nirsa, whereby and whereunder the respondent No. 7 in the writ petition Dr. M.C.P Shaw, had bee...
Manish Narayan Vs. Seem BourIn and ors.
Court: Jharkhand
Decided on: Jan-13-2009
Reported in: 2009ACJ2271; [2009(2)JCR287(Jhr)]
ORDER1. This appeal by the owner of the offending vehicle is directed against the judgment and award dated 22nd August, 2007 passed by the Motor Accident Claims Tribunal, Dhanbad in Title (M.V.) suit No. 136 of 2003, whereby a sum of Rs. 2,81,500/- has been awarded for the death of the occupant of the scooter namely Atul Bauri.2. Mr. Shailesh, learned Counsel for the appellant-owner of the offending vehicle, assailed the impugned award mainly on the ground that it was a case of contributory negligence, but the Tribunal did not consider this aspect of the matter and saddled the entire liability on the appellant.3. From perusal of the record it appears that on the fateful day of accident, the deceased along with one more pillion rider, was sitting on the Scooter which was being driven by another person Vinod Bouri. The said scooter was dashed by the offending vehicle which was a car owned by the appellant. Nothing has been brought on record that the person, who was driving the scooter, w...
Smt. Sheela Devi and Sahdeo Singh Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Jan-12-2009
Reported in: [2009(1)JCR481(Jhr)]
D.K. Sinha, J.1. The petitioners have invoked the extraordinary writ jurisdiction under Article 226 of the Constitution of India for quashment of the proceeding under Section 144 Cr.P.C. which was later on converted into one under Section 145 Cr.P.C. by the Sub Divisional Magistrate, Barhi in Misc. Case No. 71 of 2007.2. The short facts of the case are that the petitioners had purchased part of the land measuring about 34 decimals appertaining to Khata No. 29, Plot No. 903 situated at village Chauparan within the district of Hazaribagh through registered sale deed No. 7666 dated 18.05.2005 from the rightful owner of the land. After purchasing the said land, the petitioners got their names mutated and obtained the rent receipts and have been paying the rent regularly. After some time, they constructed a residential house over the purchased plot where they started living.3. The petitioners herein alleged that the respondent No. 3 with the ulterior motive filed a Title Suit No. 140/2006 i...
Shobha Kumari and ors. Vs. State of Jharkhand Through the Secretary De ...
Court: Jharkhand
Decided on: Jan-12-2009
Reported in: 2009(57)BLJR923
R.R. Prasad, J.Heard learned Counsel appearing for the petitioners and learned Counsel appearing for the State.1. Having heard both of them and taking into consideration the case of the parties as has been put forth in the writ application as also in the counter affidavit filed on behalf of respondents No. 4 and 5, it does appear that pursuant to advertisement No. 02/2002 dated 24.4.2002 issued by the District Administration, Hazaribagh, several candidates including the five petitioners after submitting their applications underwent process of selection and came out successful. Accordingly, names of the petitioners were empanelled in the panel prepared by the Selection Committee. Thereupon names of 28 persons, as per request made by respondent No. 5 for filling up the vacant posts, were sent for their appointment on class IV post in the said school but the selection committee of the school found only six candidates including these five petitioners to be eligible for the appointments on ...
Ghanshyam Upadhayay Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-12-2009
Reported in: 2009(57)BLJR921
R.R. Prasad, J.Heard learned Counsel appearing for the petitioner and learned Counsel appearing for the State.1. Having heard both of them and taking into consideration the case of the parties as has been put forth in the writ application as also in the counter affidavit filed on behalf of respondent No. 3, it does appear that pursuant to advertisement No. 02/2002 dated 24.4.2002 issued by District Administration, Hazaribagh, petitioner and other persons after submitting their applications underwent process of selection and came out successful. Accordingly, the petitioner was empanelled in the panel prepared by the Selection Committee. Thereupon, names of 28 persons, as per the request made by respondent No. 3 for filling up the vacant posts, were sent for their appointment on class IV posts in the said school but the Selection Committee of the school found only six candidates to be eligible for their appointments on class IV posts in the said school, namely, Indira Gandhi Residential ...
Utsav Flavours Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Jan-12-2009
Reported in: AIR2009Jhar38
ORDERGyan Sudha Misra, C.J.1. This is an application filed by the applicant, Utsav Flavours for appointment of an Arbitrator by this Court to adjudicate the dispute in regard to cancellation of the licence which had been granted to the petitioner for operating Food Plaza at Tata Nagar Railway Station, Jamshedpur.2. Counsel for the petitioner has relied upon Clause 19 of the agreement that had been executed between, the petitioner and the respondents-Indian Railway Catering and Tourism Corporation Ltd. which envisages that 'in the event of any dispute or difference arising under these conditions of licence or in connection with this licence (except as to any matters, the decision of which is specifically provided for by these or the special conditions) the same will be resolved by Arbitration, as per the provisions of 'The Arbitration and Conciliation Act 1996'. The venue of the Arbitration shall be New Delhi.'3. In view of the aforesaid position this application for appointment of an A...
Vinay Kumar Singh and anr. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-09-2009
Reported in: AIR2009Jhar90; [2009(1)JCR577(Jhr)]
ORDERAjit Kumar Sinha, J.1. In the instant case the main prayer of the petitioners is to quash the resolution as contained in Memo No. 1428 dated 3.8.2007, whereby and whereunder, the Jharkhand State Government has taken a decision in its Cabinet meeting for upgrading the Dhanbad Central Co-operative Bank Limited into Jharkhand State Co-operative Bank Ltd.2. The petitioner No. 1 is the Chairman of the Tetuliya, Lakhiabad Primary Agriculture Credit Co-operative Society, for short hereinafter referred to as the Tetuluiya, Lakhiabad PACS and the petitioner No. 2 is the Chairman of the Ojhadih Katamia Primary Agriculture Credit Co-operative Society, for short hereinafter referred to as the Ojhadih Katamia PACS, both the Societies are registered under the Co-operative societies Act having their area of operation, respectively within the administrative block of Nirsa and Tundi in the District of Dhanbad. The societies of the petitioner No. 1 and 2 are the shareholders of the Dhanbad Central ...
Employers in Relation to the Management of Tata Steel Limited Vs. the ...
Court: Jharkhand
Decided on: Jan-09-2009
Reported in: 2009(57)BLJR924
ORDERD.G.R. Patnaik, J.1. Prayer in this writ application has been made by the petitioner Management of Tata Steel Limited for quashing the findings recorded by the Labour Tribunal, vide its order dated 14.3.2008 in Reference Case No. 12 of 2002, whereby while deciding the preliminary issue regarding the fairness of the departmental inquiry against the respondent workman, the Tribunal has held that the departmental inquiry was unfair and improper on the ground that subsistence allowance was not paid to the concerned workman.2. A preliminary objection in this writ application has been taken by the respondent workman on the ground that since the issue involved relates to the findings of the Tribunal on the preliminary issue and the proceeding in Reference Case has not yet concluded nor a final finding have been given on the other related issues, the petitioner cannot invoke the writ jurisdiction of this Court.3. Facts of the case in brief is that a departmental inquiry was conducted agai...
Md. MakruddIn Ansari Vs. the Damodar Valley Corporation and ors.
Court: Jharkhand
Decided on: Jan-09-2009
Reported in: [2009(1)JCR575(Jhr)]
R.R. Prasad, J.1. Certain backgrounds of the case, which would have its relevance for deciding the issue involved in the case, would be necessary to be stated hereunder.2. A vast stretch of land was acquired sometime in fifties in and around Maithon for construction of the project of D.V.C. For that, monetary compensation was paid to the landholders but it did not satisfy landholders as a result of which law and order problem created by them had had adverse effect on the projects of DVC and as such, Government formulated a policy in the year 1977 under which decision was taken to give employment to the land-losers to certain extent against the existing vacancies. Accordingly, a panel of 701 persons was prepared for giving employment. Some of the land-losers whose names did not find place in the panel, filed a writ application before the Kolkata High Court for inclusion of their names in the panel of displaced persons. Kolkata High Court allowed their prayer.3. Being aggrieved with that...
Rasamay Paul Vs. Central Coalfields Ltd. and ors.
Court: Jharkhand
Decided on: Jan-09-2009
Reported in: 2009(57)BLJR936
ORDERAjit Kumar Sinha, J.1. The present writ petition has been filed for issuance of an appropriate writ, order of direction commanding upon the respondents to immediately and forthwith pay full compensation amount to the petitioner on account of the fact that the petitioner sustained major injuries during the course of his employment due to roof fall in Lower Semana Seam of Sirka (Under Ground) on 5.6.2001.2. It has also been prayed to grant employment to the petitioner's son Raja Paul on compassionate ground under Rule 9.4.0 of National Coal Wage Agreement No. 6 on the ground that he had applied for early retirement way back in 1997 due to bad health. He has further prayed for issuance of a writ of mandamus to allow him to retain the quarter and to pay all retiral benefits.3. The main contention raised by the petitioner is that he sustained serious injuries while on duty and thus he was entitled to compensation and other facilities after retirement including medical assistance even a...
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