Jharkhand Court March 2009 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Satya Prasad Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-24-2009
Reported in: 2009(57)BLJR1981
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred for the following reliefs:i) For issuance of writ in the nature of certiorari for quashing the office order dated 2.8.2005 passed by the Superintendent of Police R.N. 4 and the order dated 16.9.2006 passed by R.N. 3 the Appellate Authority whereby and whereunder the respondents have passed an order of punishment by reducing his pay scale to the initial scale of pay lowering it to the scale of Rs. 3050/- per month and recovery of to the tune of Rs. 1,09,391/- in installments of Rs. 2188/- per month,ii) For issuance of writ in the nature of Mandamus commanding the respondents not to give effect to the Special Branch order No. 913/05 dated 2.8.2005 passed by Superintendent of Police R.N. 4.The facts in brief are stated as under:2. The petitioner was appointed as a Constable on 19.6.1988. The petitioner was served with memo of charge dated 7.8.2004 and the petitioner filed a detailed reply stating that the charge has ...
The Indian Iron and Steel Co. Ltd. Vs. the Union of India (Uoi) and or ...
Court: Jharkhand
Decided on: Mar-24-2009
Reported in: [2009(121)FLR549]; (2009)IIILLJ766Jhar
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred for the following reliefs:i) For issuance of an appropriate writ in the nature of certiorari commanding the respondents to certify and transmit the records relating to the case of the petitioner to this Hon'ble Court so that your Lordship on perusal thereof may do conscionable justice to the petitioner by quashing, setting aside, modifying, canceling, varying and/or altering any order, and, in particular (i) the Notification as contained in Notification No. S.O. 664E dated 09.06.2003 whereby and whereunder the Government of India in exercise of powers conferred under Section 10(1) of the Contract Labour (Regulation and Abolition) Act of 1970 has prohibited the employment of contract labour in the job/work of raising and tracking of iron ore in the establishment of Manoharpur Mines of Steel Authority of India Limited, Chiriya, District-Singhbhum-West, Bihar with effect from the date of publication of the notificati...
Kala Chand GoraIn and ors. Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-24-2009
Reported in: 2009(57)BLJR1965; 2009CriLJ4506
D.G.R. Patnaik J.1. This appeal is directed against the judgment of conviction and order of sentence dated 26.07.2000, passed by the learned Sessions Judge, Bokaro whereby the appellants were convicted for the offences under Sections 148 and Section 307 read with Section 149 of the I.P.C. and sentenced to imprisonment for five years.2. Trial against the appellants had commenced on framing of charge against them for the aforementioned offences together with an additional charge for the offence under Section 326 of the I.P.C. against the appellants, namely Mohan Lal Gorain @ Mohan Master and Dhannu Gorain. However, the trial court did not find the accused/appellant Mohanlal Gorain @ Mohan Master and Dhannu Gorain guilty for the offence under Section 326 of the I.P.C and acquitted them from the charge. The F.I.R. was instituted on the basis of the Fard Bayan of the informant, Bharat Gorain recorded at 10 A.M. on 12.01.1986 and registered as Pindrajora P.S. Case No. 5 of 1986.3. According ...
Oriental Insurance Company Ltd. Vs. Smt. Bimla Devi and ors.
Court: Jharkhand
Decided on: Mar-23-2009
Reported in: [2009(2)JCR450(Jhr)]
ORDER1. Since all these appeals arose out of the judgments arising out of the same accident and they are involved in common question of law, they have been heard together and are disposed of by this common judgment.2. By the impugned judgment and award the Motor Accident Claims Tribunal, Jamshedpur awarded compensation for the death of the deceased in a motor accident holding that the appellant who is the insurer of the road transport bus is liable to pay compensation since the vehicle was insured with the appellant.3. It appears that on the unfateful date of accident the deceased was travelling in a Tata Sumo vehicle which was dashed by the Bihar State Road Transport Corporation Bus which was being driven rashly and negligently and caused death of so many persons. The claimants case was contested by the appellant, who is the insurer of the bus on the ground, inter alia, that the driver of the offending bus was not holding valid driving licence. The Tribunal held that on the relevant d...
Sanch Lal Ram Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-23-2009
Reported in: 2009(57)BLJR1976
D.G.R. Patnaik, J.1. Prayer in this writ application is for a direction to the respondents to forthwith fix and finalize the pension, gratuity etc. of the petitioner, who was posted in the post of Junior Engineer, Dumri Section of Chainpur Sub Division under Gumla Works Division of Rural Engineering, Organisation, since the date after the petitioner had retired on 31.01.1997.A further prayer has been made for quashing the letter dated 04.08.2005 issued vide Memo No. 565 (Annexure-6) by the Executive Engineer (Respondent No. 4) whereby a sum of Rs. 5,43,424.53 has been directed to be deducted by way of adjustment against the retiral dues payable to him.2. A counter affidavit has been filed on behalf of the respondent State.3. Heard learned Counsel for the petitioner and learned Counsel for the respondent State.4. Facts of the petitioner's case in brief are that he retired on the post of Junior Engineer, Dumri Section of Chainpur Sub Division of the Rural Engineering Organization which w...
Aditya Rice Mills Pvt. Ltd. Vs. Jharkhand State Electricity Board and ...
Court: Jharkhand
Decided on: Mar-20-2009
Reported in: 2009(57)BLJR1769; 2009LC(JH)320; [2009(2)JCR425(Jhr)]
ORDERD.G.R. Patnaik, J.1. Petitioner in this writ application, has prayed for issuance of an order quashing the Inspection Report dated 31.01.2009, the provisional assessment and the corresponding Bill dated 03.02.2009, issued by the respondent Nos. 4 and 5 respectively. A further prayer has been made for issuance of an order restraining the respondents from proceeding against the petitioner under the provisions of Section 126 of the Electricity Act, 2003. Prayer has also been made for a direction upon the respondents to restore forthwith the electric supply to the petitioner's premises without imposing any condition for payment of any amount.2. The petitioner being a company incorporated under the Indian Companies Act, 1956, had obtained HT electric connection from the respondent Electricity Board and has been availing the contract demand of 200 KVA of electric energy. The petitioner has been paying electricity charges for the energy consumed, as per the recordings in the meter instal...
Sanjay Sinha and ors. and Praveen Kumar and anr. Vs. the State of Biha ...
Court: Jharkhand
Decided on: Mar-20-2009
Reported in: [2009(121)FLR531]; [2009(2)JCR467(Jhr)]; (2009)IIILLJ743Jhar
D.G.R. Patnaik, J.1. Prayer in these writ applications as made by the petitioners is for a direction to the respondent SAIL to grant the scale of pay of Rs. 3100 - 5150/- in the E-II Grade of officers to the petitioners from the date the petitioners were appointed to the post of Safety Inspectors/Safety Officers under the Respondent Bokaro Steel Plant, Bokaro Steel City, Bokaro(BSL).2. Facts of the petitioners' case in brief is that the State Government by notification dated 13.02.1989 (Annexure-5) had notified 26 posts of Safety Officers in the Respondent Bokaro Steel Plant(BSL). The decision of the State Government was communicated by the Chief Inspector of Factories to the Management of the Bokaro Steel Plant(BSL). While doing so, the Chief Inspector of Factories, in exercise of its power under Rule 62B(2) of the Bihar Factories Rules, 1950 had also intimated that relaxation in the qualification of requisite experience would also be granted to deserving candidates who were found pro...
Manju Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-20-2009
Reported in: [2009(2)JCR460(Jhr)]
D.G.R. Patnaik, J.1. Challenge in this writ petition filed by the petitioner is to the order dated 7.10.2006 under Memo No. 1438 (Annexure-1) passed by the respondent No. 4 and the order dated 25.4.2007 under memo No. 143 (annexure 2) passed by the respondent No. 5, whereby a sum of Rs. 84,928/- has been ordered to be recovered w.e.f. 1.1.1996 from the gratuity amount in the account of the petitioner's husband who died in harness on 11.11.2005. Further prayer has been made for a direction to the respondents to refund the amount of Rs. 84,928/- to the petitioner and to fix the payable pension on the basis of the last pay received by her husband before his death. The petitioner has also prayed for a direction to the respondents to pay the amount of ACP to which the deceased husband of the petitioner was entitled on completion of 12 years and 24 years of his service and to fix the pension on the revised pay scale.2. The case of the petitioner, in brief, is that her husband Sureshwar Pd Si...
Prabhunath Dubey and ors. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-20-2009
Reported in: [2009(2)JCR458(Jhr)]; (2009)IIILLJ376Jhar
Amareshwar Sahay, J.1. This L.P.A. is directed against the order dated 22.08.2006 passed in W.P.(S) No. 2021 of 2003, by the learned Single Judge dismissing the Writ Petition filed by the appellants wherein, they challenged the letter No. 420 dated 22.03.2003 issued by the Managing Director, Bihar State Forest Development Corporation Limited terminating the services of 39 persons including the petitioners on the ground that they were illegally appointed.2. The case of the appellants is that they were working on daily wage basis under the Bihar State Forest Development Corporation Limited after being appointed as such after following the due procedures. Their services were taken over by the newly created Jharkhand State Forest Development Corporation Limited and therefore, the Bihar State Forest Development Corporation Limited, who had issued the impugned letter No. 420 dated 22.03.2003 terminating the services of the appellants had no jurisdiction to do so. Only the Jharkhand State For...
Mithilesh Kumar Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-20-2009
Reported in: [2009(2)JCR474(Jhr)]
ORDERD.G.R. Patnaik, J.1. Prayer in this writ application has been made for issuance of a direction upon the respondents to pay to the petitioner death-cum-retiral dues with interest which was payable in the account of the petitioner's father late Bindhyachal Prasad, who was an employee under the respondent State Government and who died in harness on 27.8.1975 while working as Supervisor Grade III under the respondent No. 4, Executive Engineer, Mechanical Division, Palamau.2. Petitioner's case in brief is that his father late Bindhyachal Prasad was employed initially as an Assistant Store Keeper on 6.8.1965. He was subsequently promoted to the post of Time Keeper on 3.11.1966 and thereafter promoted to the post of Supervisor Grade III. He died in harness while working under the Executive Engineer, Irrigation Department, Mechanical Division, Palamau on 27.8.1975. After the death of his father, the petitioner along with his mother and other members of his family settled at his native vil...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- 7
- Next ›
- Last »