Jharkhand Court February 2009 Judgments
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Jagdeo Mahto Vs. the Commissioner, North Chotanagpur Division and ors.
Court: Jharkhand
Decided on: Feb-10-2009
Reported in: AIR2009Jhar152
Amareshwar Sahay, J.1. In this appeal, the appellant has challenged the order dated 09.08.2006 passed in W.P.(C) No. 881 of 2002 by which the learned Single Judge, disposed of the writ petition without interfering with the orders which were challenged in the writ petition. The learned Single Judge by relying on a decision of the Patna High Court in the case of 'Sitaram Choubey v. State of Bihar reported in 1993(2) PLJR 255' held that creation of Jamabandi neither creates any right and title in favour of one or other nor cancellation of Jamabandi extinguishes right and title of actual owner and, therefore, the impugned orders will not affect the right and title of actual owner and further that the disputed question of fact cannot be decided in the writ jurisdiction. It was observed that the aggrieved person may move the Court of competent jurisdiction for appropriate relief.2. The facts in short are that the appellant/writ petitioner filed the aforesaid W.P.(C) No. 881 of 2002 before th...
Shashi Kumar Singh Vs. Jharkhand State Electricity Board and ors
Court: Jharkhand
Decided on: Feb-10-2009
Reported in: 2009(57)BLJR1407; [2009(2)JCR3777(Jhr)]
ORDERAjit Kumar Sinha, J.1. The petitioners have preferred these writ petitions for issuance of appropriate writ / order / direction in the nature of mandamus directing the respondent board to accept the application form for grant of the electrical connection along with requisite fee to grant separate electrical connection to the petitioner's commercial allotted premises having holding No. 17, Plot No. 965, Ward No. 46 situated at Dhobi Mohalla, Doranda, P.O. & P.S. Doranda, District - Ranchi which the petitioner has hired on rent from Md. Arif Ahmad as the respondents have refused to accept the petitioners application for grant of electrical connection on account of the dues of erstwhile owner / landlord of the said premises.2. The main contention raised by the petitioner is that the respondent were not justified in refusing the application form for new electrical connection to the petitioner on the ground that there are dues towards electrical consumption of the erstwhile owner / lan...
Amit Kumar Dhar Vs. Housing and Urban Development Corporation Ltd. Thr ...
Court: Jharkhand
Decided on: Feb-10-2009
Reported in: [2009(2)JCR419(Jhr)]
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred for an appropriate writ, order or direction in the nature of certiorari for quashing the office order No. 220 dated 24.02.2003 issued by the respondent No. 1 (Annexure-7) whereby and whereunder the petitioner's appointment in the post of stenographer, Gr.III(Hindi) has been cancelled on the alleged ground that the examination, 'Sahityalankar' from the Hindi Vidyapith, Deoghar passed by the petitioner is not equivalent to Graduation without any enquiry and verification which has caused serious prejudice to the petitioner. The further prayer is for issuance of any other writ in the nature of mandamus directing/commanding the respondents not to give effect to the aforesaid order dated 24.02.2003 (Annexure-7) and to reinstate the petitioner with all consequential benefits.2. The facts in brief are set out as under:According to the petitioner, he passed 'Sahityalankar' examination with English in the year 2001 from Hin...
SujauddIn Ahmad and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-09-2009
Reported in: [2009(2)JCR413(Jhr)]
ORDERD.N. Patel, J.1. Learned Counsel appearing for the petitioners submitted that because of the dispute between the old management committee members and a new management committee members of the Maulana Azad College, Ranchi, the salary of the non-teaching staff, who are the petitioners, from the period running from November, 2006 to September, 2007 though it has been paid by the Government and though has been deposited in the bank account of the College, Ranchi is not being distributed by the Union Bank of India and is unnecessarily retaining this salary and, therefore, for distribution of the salary, the present petitioners prays for getting their salary from November. 2006 to September, 2007. It is not disputed that they have worked for this period.2. Having heard learned Counsel for both the sides and looking to the facts and circumstances of the case, it appears:(a) that present petitioners are non-teaching staff of the Maulana Azad College, Ranchi. They have worked for the perio...
Sanjay Kumar Agrawal Vs. the State of Jharkhand and anr.
Court: Jharkhand
Decided on: Feb-06-2009
Reported in: 2009CriLJ4716
Prashant Kumar, J.Heard the parties.1. This application is directed against the order dated 13.5.2002 whereby and where under the, court below took cognizance of the offence under Section 138 of the Negotiable Instrument Act and also for quashing the orders by which warrant of arrests and process under Section 82, 83 of the Cr.P.C. has been issued.2. It is alleged in the complaint petition that the petitioner owe a sum of Rs. 4, 50,000/- to the complainant. It is also alleged that petitioner has returned the said amount by issuance of a cheque of SBI, Deoghar on 6.11.2001. The further case of the complainant is that the said cheques was produced at Dena Bank, Ranchi on 8.11.2001 for encashment, but the same was returned to the complainant without en cashing it with a note 'exceeds arrangement'. It is further alleged that thereafter the complainant had given a notice to the petitioner vide Annexure-(5) and requested him to pay the money within fifteen days. It is further stated that the...
Bhuneshwar Mahato Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Feb-06-2009
Reported in: [2009(1)JCR689(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. The petitioner Bhuneshwar Mahato is the son of the late Garakh Nath Mahato, a Valveman in Garrison Engineer/MES, Ranchi, who died in harness on 12.9.1998 leaving behind petitioner as his son, a widow and others. The petitioner being son of the deceased employee applied for his appointment on compassionate ground on 24.10.1998. He was informed by issue of Annexure-8 dated 26.2.2001 by the respondent that his case for compassionate appointment on the post of Mazdoor is under consideration and his name is at serial No. 156 in the merit list.3. The grievance of the petitioner is that subsequently he received a letter as contained in Annexure-9 dated 22.9.2002 whereby he was informed that his claim for compassionate appointment has been rejected due to non-availability of sufficient vacancy within 5% quota.4. From perusal of Annexure-9 i.e., order of rejection of the claim of the petitioner, it appears that in the said order it has been state...
Sarala Devi and ors. Vs. Mohan Mahto and ors.
Court: Jharkhand
Decided on: Feb-06-2009
Reported in: AIR2009Jhar146
D.G.R. Patnaik, J.1. Prayer in this writ application is for quashing the order dated 26.06.2008 passed by the Munisf, Khunti rejecting the petitioners petition dated 06.06.2008 for setting aside the ex-parte order dated 27.05.2008 passed by the learned court below in a execution proceeding vide Execution Case No. 5 of 2007.2. Heard learned Counsel for the petitioners and learned Counsel for the respondents.3. Before going into the grounds advanced by the petitioners for assailing the impugned order of learned court below, it is felt appropriate to briefly record the history of the present case.A suit for partition was instituted by the respondents/plaintiffs against the present petitioners/defendants way back in 1979. A preliminary order was passed by the trial court in favour of the plaintiffs and later, after giving opportunity to the defendants to be heard, the final decree was passed in July, 2007. The defendants had preferred an appeal against the final decree which is presently s...
Faiz Murtaza Ali Vs. Syed Askari Hadi Ali Augustine Imam and anr.
Court: Jharkhand
Decided on: Feb-06-2009
Reported in: AIR2009Jhar128
ORDER1. This petition for review is directed against the order dated 2-4-2008 passed in L.P.A. No. 33 of 2008 as also the order passed by the learned single Judge on 4-1-2008 in Testamentary Case No. l of 2003 precluding the petitioner from contesting the probate case on the ground that he has no caveatable interest.2. Prima facie, We have noticed that the so-called testator/testatrix-deceased Shamim Amna Imam did not inherit the properly from her in-laws as admittedly she was unmarried and hence the property, in question, in regard to which the Will is alleged to have been executed by Shamim Amna Imam was not her exclusive or self-acquired property, as her mother, Sayeeda Mehndi Imam, and mother's brother, i.e., maternal uncle of testatrix, late (Justice) Syed Murtaza Fazal Ali, were still alive during the lifetime of the alleged testator/testatrix, who is claiming a share under the Mohammedan Law.3. The petitioner herein Faiz Murtaza Ali is the son of late (Justice) Syed Murtaza Faza...
Anil Kumar Vs. the Management of Bokaro Steel Plant anr.
Court: Jharkhand
Decided on: Feb-05-2009
Reported in: 2009(57)BLJR1674
Ajit Kumar Sinha, J.1. The present writ petition has been preferred for issuance of an appropriate writ, order or direction in the nature of mandamus commanding upon the concerned respondents to regularise the petitioner in the post of Junior Sports Organizer with effect from 1.12.1985 in terms of the award passed by the learned Presiding Officer, Labour Court, Bokaro Steel City, in reference case No. 6 of 1995. The petitioner's further prayer is for issuance of an appropriate writ, order or direction for quashing of the letter No. Pers/R/2003 issued under the signature of AM/Mgr(Pers/REctt.) for Sail, Bokaro on 1.1.2003, whereby and whereunder the petitioner has been given offer of appointment to the post of Khalasi regularizing the petitioner to that post in the then applicable time scale with effect from 1.12.1986.The facts in brief as stated are as under:This case has a chequered history. The petitioner was appointed on casual basis as Junior Sports Organizer on 1.12.1985 and he co...
Eastern Synpacks Limited Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-04-2009
Reported in: AIR2009Jhar124
D.G.R. Patnaik, J.1. Challenge in this writ application is to the order dated 04.05.2000 (Annexure-5) and the order dated 15.06.2007 (Annexure- 10) issued by the Industry Department, Government of Bihar (respondent No. 4) declaring thereby that the petitioner company is not entitled to any power subsidy on account of the fact that the petitioner company has been obtaining power supply from the private company namely the TISCO and there is no provision under the Industrial Policy of 1993 for providing power subsidy to consumers who obtain electric supply from private companies. Similar challenge has been made to the order dated 27.09.2007 (Annexure-9) issued by the Director of Industries, Government of Jharkhand on the basis of the letter (Annexure-6) issued by the Director of Industries, Government of Bihar, communicating thereby that the petitioner is not entitled to get the power subsidy on power consumption under the Industrial Policy of 1993.2. Facts of the petitioner's case in bri...
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