Jharkhand Court April 2009 Judgments
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Rukmini Devi Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-13-2009
Reported in: 2009(57)BLJR1960
Amareshwar Sahay, J.1. Heard the parties and with their consent, this writ petition is being disposed of at the stage of admission itself.2. The sole petitioner Rukmini Devi working as Female Health Worker (Mahila Kaksha Sevika) in Pakur Hospital at Pakur, has filed this writ application, challenging the order as contained in Letter No. 619 dated 07.07.2004 of the Joint Secretary, Department of Health, Government of Jharkhand, whereby he directed the Civil Surgeon - cum - Chief Medical Officer, Pakur to terminate the service of the petitioner on the ground that her appointment on such post was illegal. Further prayer of the petitioner is to quash the consequential letter No. 1127 dated 01.08.2004 issued by the Civil Surgeon - cum - Chief Medical Officer, Pakur by which the petitioner has been restrained from discharging her duties.3. The case of the petitioner as set out by her is that since 1983, she has been working as Female Health Worker (Mahila Kaksha Sevika) in the Health Departm...
Rameshwar Mandal, Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Apr-09-2009
Reported in: 2009CriLJ4722
Amareshwar Sahay, J.1. The present appeal arises agiainst the Judgment dated 19.03.2004 passed by the Additional Sessions Judge I.T.C. - V, Deoghar in Sessions Trial No. 111 of 2002 whereby, the appellants have been convicted for committing the offence under Sections 148, 302/34, 307/34, 323/34 and 380/34 of the Indian Penal Code and Section 27 of the Arms Act as Well as Section 3/4 of the Explosive Substance Act and they have been sentenced to undergo R.I. for life for the offence under Section 302/34 of the I.P.C., R.I. for, ten years under Section 307/34 of the I.P.C. and a fine of Rs. 2,000/- each and In default In payment of fine, further R.I. for six months each, further R.I. for ten years each under Section 374 of the Explosive Substance Act and to pay a fine of Rs. 1,000/- each, In default of payment of fine further R.I. for a period of three months each, R.I. for a period of five years for the offence under Section 27 of the Arms Act. All the sentences have been ordered to run...
State Bank of India Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Apr-09-2009
Reported in: 2009(57)BLJR2769
D.N. Patel, J.1. The present writ petition has been preferred mainly against a decision rendered by Permanent Lok Adalat at Dhanbad, on merits, in Permanent Lok Adalat Case No. 91 of 2007 dated 8th February, 2008 (Annexure 2 to the memo of present petition).2. Counsel appearing for the petitioner-bank submitted that Permanent Lok Adalat ought not to have decided, on merits, the claim between the parties by exercising power, jurisdiction and authority under the Legal Services Authority Act, 1987 (hereinafter referred to as 'the Act, 1987'). In fact, there is no willingness, on the part of the petitioner-bank to pursue the matter before the Permanent Lok Adalat in the Permanent Lok Adalat Case No. 91 of 2007. It is contended by the counsel for the petitioner that a loan amount of Rs. 2,25,000/- (Two lacs twenty five thousand) was received by the respondent from the State Bank of India towards housing loan in the year, 1995 with an interest @ 11% per annum, having equal monthly installmen...
Sukhdeo Kumar Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Apr-08-2009
Reported in: 2009(57)BLJR1905; 2009CriLJ3754
1. This criminal appeal has been preferred by the appellant against the judgment of conviction and the order of sentence dated 30.11.2001 passed by Shri Rakesh Ranjan Verma, learned Ist Additional Judicial Commissioner, Khunti in S.T. No. 429/1991.2. The accused-appellant was charged for committing the murder of his wife Nirmala Devi and was prosecuted for committing an offence under Section 302 IPC. The Court below by the Impugned judgment convicted the appellant under Section 302 IPC and sentenced him to undergo R.I. for life.3. The prosecution was launched on the basis of the F.I.R lodged by the accused-appellant-Sukhdeo Kumar. According to the F.I.R, the prosecution case, in short, is that while the appellant was going to Tata along with his wife on his Silver Plus Moped No. BPV-5054, suddenly his Moped broke down and stopped near Taimara Ghati. The appellant and his wife got down from the Moped. The appellant started cleaning the plug etc of the vehicle. In the meanwhile, three pe...
Tata Steel Ltd. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-08-2009
Reported in: 2009(57)BLJR2763
M.Y. Eqbal, J.1. In these two writ petitions, since common questions of law are invoked, hence they have been heard together and are disposed of by this common judgment.2. In W.P. (T) No. 71 of 2009, the petitioner M/s. Tata Steel Limited, has prayed for the following reliefs:(i) For issuance of an appropriate writ for a declaration that the Second provision to Section 13(1) as inserted vide the notification No. SG 12/2001/AJ-01 dated 2.1.2002 (Annexure 4) of the Bihar Finance Act, 1981 (hereinafter referred to as 'the Act') as adopted by the State of Jharkhand is violative of Article 14, 301 and 304 of the Constitution in as much as the said proviso gives benefit of the Special/Concessional rate of tax on purchase of goods for manufacturing only in such cases where the such goods are used for manufacturing of goods for sale in the State of Jharkhand or in the course of inter state trade and commerce but denies such benefit in cases where such manufactured goods are transfered by way o...
Bachni Singh @ Kaku and Ashish Ram Vs. the State of Bihar (Now Jharkha ...
Court: Jharkhand
Decided on: Apr-06-2009
Reported in: 2009(57)BLJR2407
1. By Court: Both the aforesaid appeals i.e. Cr. A (DB) No. 184 of 1993 filed by appellant Bachni Singh @ Kaku and Cr. A. (DB) No. 190 of 1993 filed by Ashish Ram arose from the common judgment of conviction and order of sentence dated 17.09.1993 passed by 2nd Additional Sessions Judge, Hazaribagh in ST. No. 285 of 1990 whereby and whereunder the appellants Bachni Singh had been convicted under Section 302 of the IPC whereas the appellant Ashish Ram has been convicted under Section 302/34 of the IPC and both are sentenced to undergo imprisonment for life. Since both the appeals arose from the common judgment of the court below, therefore, the same are heard together and disposed of by this common judgment.2. The case of prosecution in short is that on 12.3.1990 at about 5.30 p.m. the informant's son Kuldip Thakur @ Vijay had gone out side of house along with Manoj, Sanjay Horo and Muneshwar. It is further stated that at about 5.45 p.m., Jitendra Singh @ Loha Singh came and inform that ...
Shree Shyam Steel's Vs. Jharkhand State Electricity Board and Ors.
Court: Jharkhand
Decided on: Apr-02-2009
Reported in: AIR2009Jhar121; [2009(2)JCR485(Jhr)]
1. Challenge in this writ application is to the inspection report dated 6.2.2009, the provisional assessment order dated 7.2.2009 and the corresponding bill issued by the respondents No. 4 and 5 respectively, whereby the respondents have proceeded against the petitioner under the provisions of Section 126 of the Electricity Act, 2003 and have raised a demand for payment of the amount assessed as loss caused to the Board by the petitioner by his alleged acts of unauthorized use of electricity. In addition to the prayer for quashing the aforesaid report and the provisional bill, the petitioner has also prayed for a direction to the respondents to forthwith restore the electrical connection to the petitioner's premises, without imposing any condition upon the petitioner for payment of the demanded amount. By way of an amendment to the writ petition, the petitioner has sought to introduce a further prayer for quashing the circular No. 531 dated 29.1.2009 issued by the respondent No. 1 thro...
Harinath Tiwary Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Apr-02-2009
Reported in: 2009CriLJ3757; [2009(2)JCR492(Jhr)]
Pradeep Kumar, J.1. The appeal is directed against the judgment dated 9th April, 2007 and order of sentence dated 11th April, 2007 passed by Shri Gautam Mahapatra, Special Judge, SC/ST (Prevention of Atrocity) Act, Hazaribagh in Sessions Trial No. 226/2006, by which judgment he found the appellant, Harinath Tiwary guilty under Sections 376 and 420 of the Indian Penal Code as well as under Section 3(1) (xi) (xii) of the S.C./S.T. (Prevention of Atrocity) Act and convicted the appellant on all sections. He also sentenced him to undergo R.I. for 10 years and to pay a fine of Rs. 10,000/- and in default of fine to serve out sentence of R.I. for one year under Section 376 of the Indian Penal Code. He also sentenced him to undergo R.I. for three years under Section 448 & 324 of the Indian Penal Code and sentenced him to undergo R.I. for 3 years under Sections 3(1) (xi) (xii) of the S.C./S.T. (Prevention of Atrocity) Act and also to pay a fine of Rs. 1,000/- and in default of fine to serve ou...
Arun Kumar Sinha, Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-02-2009
Reported in: 2009(57)BLJR1951
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred for the following reliefs:i) For issuance of an appropriate writ/order/direction for quashing the gradation list dated 2.6.2002 contained in Memo No. 3926 issued under the signature of Deputy Inspector General of Police (Personnel) Jharkhand Ranchi whereby and whereunder a gradation list has been prepared in which the person who are outside the cadre of the petitioners whose name figures from Sl. No. 13 to 25 have been included thus treating them senior to the petitioners,ii) For a direction upon the respondents to consider the case of the petitioners for promotion to the post of Deputy Superintendent of Police on the basis of gradation list to be prepared from the cadre of which the petitioners belong.The facts in brief are set out as under:2. The petitioners were directly recruited as Sub-Inspector of Police in the year 1975-76 and they were promoted to the post of Inspector. However, in the gradation list dated...
Gopal Pathak Vs. the Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Apr-02-2009
Reported in: [2009(121)FLR761]
D.G.R. Patnaik, J.1. Petitioner in this writ application has prayed for a direction upon the respondents to pay him his retrial benefits and also for an order quashing the office order No. 2446 dated 26.07.2005 whereby the pay scale which was earlier granted to the petitioner, has been reduced and recovery of certain amount, on the plea of excess payments, is sought to be made.2. The petitioner was inducted in the service under the respondent on 18.05.1964 initially as an unskilled Khalasi. Later, in June 1973, he was promoted to the rank of Skilled Khalasi. The post which the petitioner had ultimately attained prior to the date of his retirement on 31.01.2004 was that of Technical Grade-II S.G. on which post he was appointed on 14.03.1996. The pay of the employees of the Board was lastly revised with effect from 01.01.1996.The contention of the petitioner is that on being qualified in the Trade Test/Interview held on 28.11.1985, the petitioner, vide office order No. 917 dated 14.03.19...
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