Jharkhand Court March 2009 Judgments
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United India Insurance Co. Ltd. Vs. Sukhni Mahto and ors.
Court: Jharkhand
Decided on: Mar-20-2009
Reported in: 2006ACJ2545; AIR2009Jhar127; [2009(2)JCR421(Jhr)]
M.Y. Eqbal, J.1. This appeal by the appellant-Insurance Company is directed against the judgment and award dated 29th September, 2007 passed by Motor Accident Claims Tribunal, Dhandbad in Title (M.V) Suit No. 169/2004, whereby he has awarded compensation of Rs. 2,49,500/- and directed the appellant-Insurance Company to pay the said amount.2. The claimants respondents filed the aforementioned case for grant of compensation on account of death of Ramnath Mahto in a motor vehicle accident. According to the claimants on the relevant date of accident the deceased was feeling pain in abdomen and he was going for his treatment along with his brother and other villagers at Bokaro Hospital by a Ambassador Car No. JH 10D 2510. The said ambassador car on the way dashed against a tree because of rash and negligent driving by the driver of the car, as a result of which the deceased Ramnath Mahto died on the spot inside the car.3. The defendant-respondent, who is the owner of the vehicle, filed writ...
National Insurance Co. Ltd. Vs. Most. Tilwa and ors.
Court: Jharkhand
Decided on: Mar-20-2009
Reported in: [2009(2)JCR429(Jhr)]
M.Y. Eqbal, J.1. This appeal is directed against the judgment and award dated 6.3.2008 passed by the Claims Tribunal, Hazaribagh in Claim Case No. 129 of 2003 whereby he assessed compensation of Rs. 3,19,500/- and directed the appellant-Insurance Company to pay the said amount holding that the Insurance Company is liable to pay the same.2. The facts of the case lie in a narrow compass:The claimants-respondents filed the aforementioned case for the grant of compensation for death of one Basant Mahto in the motor vehicle accident. According to the claimants, on 6.5.2003, the deceased was travelling in a Tata 407 truck bearing Registration No. BR-13G-5561 which met with an accident and the persons sitting in the vehicle sustained injuries and were brought to hospital. The deceased was one of the passengers died on the spot. The claimants stated that the deceased boarded the vehicle at Ichak More for going to Gaya as the deceased was dealing in wholesale business of vegetables.3. The respo...
Jharkhand Ph D. Dharak Shodh Sangh and anr. Vs. State of Jharkhand and ...
Court: Jharkhand
Decided on: Mar-20-2009
Reported in: [2009(2)JCR452(Jhr)]
ORDERD.G.R. Patnaik, J.I.A. No. 789 of 2008I.A. No. 789 of 2008 has been filed by the petitioners with a payer for an early date of hearing, since this case has been already admitted It is also informed that two other analogous cases also containing the similar prayers, filed by the petitioners vide W.P. (C) No. 640 of 2008 and W.P. (C) No. 726 of 2008, both of which had already been admitted and still are pending.Considering the prayer and the urgency shown by the learned Counsel for the petitioners, this case has been taken up for final hearing.I.A. stands disposed of.1. The petitioners being an Association of holders of Ph. D. Degrees, have prayed in this writ application for quashing the panel and the result (Annexure-5) of the Jharkhand Public Service Commission (J.P.S.C.), published in the newspapers on 15.1.2008, containing recommendations for appointment of lecturers in different universities of Jharkhand.2. The main ground of challenge to the impugned panel and the results, is...
Prem Ranjan, Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-20-2009
Reported in: 2009(57)BLJR2000
D.G.R. Patnaik, J.1. Petitioners in these writ applications have commonly challenged the Advertisement No. 01 of 2008 (Annexure-2), issued by the Respondent No. 5, taking objection to the maximum age limit of 24 years fixed as one of the eligibility criterias for recruitment of candidates to the post of the Sub-Inspectors of the Police in the Jharkhand Police Service. The main questions raised for determination are: (i) Whether the vacancies and the posts accumulated since 1999 of Sub-Inspector and the equivalent posts accumulated in the year 1999, have been included in the impugned advertisement which remained vacant for a long time?(ii) Whether by fixing the upper age limit as 24 years for the General Category candidates as on 01.01.2008, candidates, who were eligible for appointment on the post in question in the year 1999, can be debarred from their appointment?(iii) Whether the action of the Respondents in fixing the cut off date as 01.01.2008 instead of 01.01.1999, is illegal, ar...
Tata Iron and Steel Company Ltd. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-19-2009
Reported in: [2009(2)JCR432(Jhr)]
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred for the following reliefs:(A) For issuance of an appropriate writ, order or direction in the nature of certiorari for quashing the order dated 18.9.2004, passed by the learned Industrial Tribunal. Ranchi in Reference Case No. 1/2002 whereby and whereunder the petitioner's application for disposal of the reference and for passing of an Award in terms of the settlement dated 23.5.2004 has been rejected in grossly illegal and arbitrary manner.(B) For issuance of an appropriate writ, order or direction declaring that in view of the settlement dated 23.5.2004 entered between the petitioner Management and the representative and majority Trade Union TATA Workers' Union which is the only recognized trade union and is the sole bargaining agent of the petitioner's establishment, whereby and whereunder the grievances and the disputes relating to the Temporary Employees concerning their absorption as permanent employees, wage...
Central Coalfields Ltd. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Mar-19-2009
Reported in: [2009(2)JCR431(Jhr)]
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred for the following reliefs:(i) For an appropriate writ, order, direction from this Hon'ble Court commanding upon the respondent No. 2 to show-cause as to why and under what authority he has filed the certificate case against the petitioner inspite of the fact that the petitioner had already paid the royalty on the rate received;(ii) For quashing of the entire certificate proceeding initiated as against the petitioner being certificate case No. 2/94-95R including the order dated 11.3.1994 (Annexure-4) passed by the Certificate Officer (Mine), Dhanbad whereby and whereunder he has been pleased to hold that the petitioner is liable to pay a sum of Rs. 3,86,729/- as royalty and issued demand notice for the same and the order dated 30.6.1997 (Annexure-6) whereby and where- under the Certificate Officer (Mine). Dhanbad has refused to interfere with the order dated 11.3.1997;(ill) For quashing the order dated 20.1.1998 pa...
Akhileshwar Prasad Gupta Vs. Jharkhand State Electricity Board and ors ...
Court: Jharkhand
Decided on: Mar-19-2009
Reported in: [2009(2)JCR447(Jhr)]
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred for the following reliefs:(1) For issuance of an appropriate writ in the nature of certiorari to quash Resolution No. 2790 dated 2.11.1999 issued under the signature of the Joint Secretary, Bihar State Electricity Board, Patna, respondent No. 5, as contained in Annexure-10 to this writ application, whereby and whereunder, respondent No. 5 was pleased to award punishments in the following manner:(a) The petitioner is 'Censured' which will be entered into his A.C.R. for 1998-1999;(b) The petitioner will not be posted in supply sub-division/supply division for two years;(c) The petitioner will not get anything beyond subsistence allowances during the suspension period. This period will be counted as on duty for post retirement benefits.The aforesaid punishments have been awarded in the light of the Resolution No. 2233 dated 20.8.1999, as contained in Annexure-9 of this writ application;(2) For issuance of an appropri...
Shyamal Kumar Dutta Vs. State of Bihar Now Jharkhand
Court: Jharkhand
Decided on: Mar-19-2009
Reported in: 2009(57)BLJR1956
1. The appellant was put on trial along with 9 accused persons for committing murder of one Umesh Sharan, Chief Executive-cum-Personnel and Administrative Officer of Menally Bharat Industries, Kumardubi in furtherance of their common intention after hatching conspiracy and also for causing disappearance of the evidence of the murder in order to screen themselves from the legal punishment.2. The trial court having found the appellant guilty for the offences under Sections 302/34/201 and also under Section 120(B) of the Indian Penal Code sentenced him to undergo imprisonment for life for each of the offences under Sections 302/34 and 120(B) of the Indian Penal Code and further to undergo rigorous Imprisonment for a period of 5 years under Section 201 of the Indian Penal Code. Both the sentences were ordered to be run concurrently.3. The case of the prosecution is that on 23.3.1986 at about 7.30 A.M. the deceased Umesh Sharan, Chief Executive-cum-Personnel and Administrative Officer of Me...
Gopal Naroune and ors. Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Mar-19-2009
Reported in: [2009(2)JCR443(Jhr)]
Ajit Kumar Sinha, J.1. The present writ petition has been preferred for the following reliefs:(1) For quashing of the common order dated 25.6.1994 passed by the respondent Vice-Chancellor whereby and where under in the purported compliance of the order passed by this Hon'ble Court on 1.10.1993 in C.W.J.C. No. 8929 of 1991, filed by these petitioners, the services of the petitioners were terminated with immediate effect.(2) For quashing of the order as contained in letter Nos. 2629, 2630 and 2631/1996 all dated 31.5.1996 whereby the petitioners have been informed by the Registrar that in relation to the order dated 28.11.1995 passed by this Hon'ble Court in C.W.J.C. No. 7951 of 1994. filed by these petitioners, whereby the respondent Vice-Chancellor was directed to forward the names of the petitioners to the State Government, as was done in respect of other employees similarly situated, for consideration of the case of the petitioners along with others, within two weeks of the receipt o...
Ganesh Mahto and Horil Mahto Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-19-2009
Reported in: 2009(57)BLJR2455
1. Both the appellants having been found guilty for committing murder of one Phocha Mahto were convicted under Sections 302/34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life.2. The case of the prosecution is that on 27.6.1987 at about 6 a.m., Phocha Mahto (deceased) had come to plough his land along with his wife, Ghamia Mahatwain, the informant, P.W. 3. While the deceased, Phocha Mahto, was ploughing the land, appellant, Horil Mahto, suddenly came over there and caught hold of leg of Phocha Mahto, who any how got himself released from his clutches and started running away but both the appellants caught hold of him after chasing to some distance and made him fall on the field and then appellant-Ganesh Mahto inflicted knife injuries over the face of Phocha Mahto and appellant-Horil Mahto assaulted him with the back portion of the spade. On hearing hulla, several persons came over there, but the accused persons fled away from there.When S.B. Upadhya...
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