Court : Jharkhand
Reported in : [2004(2)JCR637(Jhr)]
..... the state is carved out of an existing state, the cooperation between the two states becomes meaningful, if, therefore, the state of bihar has, in its possession, any material against a government servant who, by virtue of section 74 of the act, is now in the service of the state of jharkhand and if the state of bihar thinks that such material warrants initiation of an action against such a person, it is open to the state of bihar to forward such material to the state of ..... as a matter of fact, the deputy inspector general of police, bihar, patna, should have referred the matter alongwith the relevant records to the state of jharkhand to pass an appropriate order on the representation filed by the petitioner pursuant to the order of this court.6. ..... similar would be the case for the state of jharkhand if an employee is in a place in bihar and if the state of jharkhand has any material in its possession which may be required to be forwarded to the state of bihar for appropriate action against such an employee. ..... the said writ petition was disposed of, by order dated 06.02.2001, with a direction to the respondents to consider the representation filed by the petitioner and to pass an appropriate order in accordance with law.4. ..... 401 (jhr) : 2002 (1) jljr 697, the respondent deputy inspector general of police (personnel), bihar, patna had no jurisdiction to reject the representation of the petitioner by order dated 09.02.2002, after coming into force of bihar reorganization act, 2000. .....
Tag this Judgment!Court : Jharkhand
..... 21.04.2006 and further for direction upon the respondents to forthwith issue appropriate posting order with respect to the petitioner on the post of excise superintendent and also for direction upon the respondents to forthwith release the entire arrears 2 of salary with effect from the date from which the petitioner has joined his duties within the state of jharkhand with effect from 21.04.2006 and for payment of current salary ..... has been averred in the writ application that thereafter in pursuance to the notification issued by the union of india under section 72 (2) of the bihar re-organization act, 2000, the petitioner was relieved from the state of bihar and he gave his joining before respondent no. ..... the said decision, section 72 and 73 of the bihar re-consideration act, 2000 has been taken note of while deciding the lis.9. ..... decision, this court has been pleased to hold that the action of the state of jharkhand in not accepting the promotion of the petitioner was in the teeth of the provisions of section 72 and 73 of the bihar re-organization act, 2000 and the order could not be sustained in law. ..... of jharkhand as reported in 2005 (4) jcr469 that apart, during course of argument, learned counsel for the petitioner has referred to section 72, 73 and 74 of the bihar re-organisation act, 2000, which reads as under:72. ..... india circular dated 22.02.2001, as contained in annexure b to the counter affidavit, the provisions of section 74 of the bihar re- organization act were relaxed. .....
Tag this Judgment!Court : Jharkhand
..... agreement dated 05.12.2012 after reworking the base year and the capital expenses and operation expenses, which is required to be changed reflecting the present current situation as per mutually agreed terms; (c) for issuance of further appropriate writ, order or direction, including writ in the nature of certiorari, for quashing/setting aside the expression of interest (for short 'eoi') invited under the authority of the respondent no. ..... resident of 403, vijay tower, bhaskar colony, naupada, thane (west), district thane (maharashtra)-400 602 2.tata power jamshedpur distribution limited (earlier known as tp power distribution limited) a company, registered under the indian companies act, 1956, having its registered office at c/o the tata power company limited, corporate centre, a-block, 34-sant tukaram road, carnac bunder, mumbai-400 009, though its authorised signatory-cum-chief executive officer, namely ..... therefore, in the light of the legal position noted above, we have no option but to hold that the impugned orders dated 14-3-2006 are vitiated by the failure to observe the principle audi alteram partem. 42. ..... on the contrary, it appears from the record that on 9-3-2006, the appellants were required to furnish by 20-3-2006 details/explanation in respect of queries raised vide order-sheet entry dated 16-2-2006 but in the meanwhile the impugned orders were passed on 14-3-2006 itself. ..... state of orissa and another reported in (2006) 10 scc236 case of popcorn entertainment and another .....
Tag this Judgment!Court : Jharkhand
..... we are conscious that the powers conferred upon the high court under article 226 of the constitution to issue to any person or authority, including in appropriate cases, any government, directions, orders or writs including the five prerogative writs for the enforcement of any of the rights conferred by part iii or ..... with any one, yet if it does so, it cannot arbitrarily choose any person it likes for entering into such relationship and discriminate between persons similarly circumstanced, but it must act in conformity with some standard or principle which meets the test of reasonableness and non-discrimination and any departure from such standard or principle would be invalid unless it can be ..... calcutta for appropriate writs for restraining the state government from giving effect to the said act and for ..... section 14 of the act deals with the grant of licence, in which the appropriate commission may, on an application under section 15, grant a licence to any person to transmit electricity as a transmission licensee or to distribute electricity as a distribution licensee; or to undertake ..... appropriate case, in spite of availability of the alternative remedy, the high court may still exercise its writ jurisdiction in at least three contingencies: (i) where the writ petition seeks enforcement of any of the fundamental rights; (ii) where there is failure of principles of natural justice; or (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an act .....
Tag this Judgment!Court : Jharkhand
..... dated 04.10.2007 shall remain valid subject to passing of any adverse order by any competent court and further prayer has been made for issuance of an appropriate direction in the nature of mandamus commanding upon the respondents for consequential relief by rectifying the inter se seniority of the petitioners in connection with the inter ..... the illegality and irregularity in the appointment/promotion of different batches of a.c.f.s and the tentative gradation list dated 30.11.2004 issued by the state of jharkhand and the hon ble court vide order dated 14.07.2006, declined to interfere in the issue of illegality in appointment/promotion of a.c.f.s on the ground of delay, however, directed the state government to publish the final gradation list in the light of the ..... high court in writ application as well as in appeal is that the hon'ble patna high court is well aware of the fact that in terms of section 25 and 27 of bihar re-organization act read with article 226 of the constitution of india, the hon'ble patna high court has no jurisdiction over the employee of the state of jharkhand, hence, in that view of the matter, the ..... to interfere with the orders of promotion and appointment of respondents and others since the appointment of the respondents were issued 16 to 21 years back, directed respondent state to act in terms with the decision rendered by the hon ble supreme court in sanjay kumar sinha ii-versus-state of bihar reported in (2004) 10 scc734and further that if provisional .....
Tag this Judgment!Court : Jharkhand
Reported in : 2002(50)BLJR1030
..... have held that they had no hesitation in holding that the observation of the learned single judge in relation to the interpretation of section 74 of the act was correct and that the state of bihar can only 'pass on' any information or relevant materials to the state of jharkhand lor any action that it may consider appropriate, leaving the rest for the state of jharkhand to do.12. ..... petition, the petitioner has made a prayer for issuance of an appropriate writ/order including a writ of certiorari for quashing the notification ..... of bihar has, in its possession, any material against a government servant who, by virtue of section 74 of the act, is now in the service of the state of jharkhand and if the state of bihar thinks that such material warrants initiation of an action against such a person, it is open to the state of bihar to forward such material to the state of jharkhand for such action as it considered appropriate by the state of jharkhand. ..... the petitioner has also made a prayer for issuance of an appropriate writ or a writ of in the nature of a writ of mandamus commanding upon the respondents to pay him the entire salary/allowance/ ..... 406] :'whatever may be the view point, whatever may be differing perceptions or opinions, the fact remains that it is section 74 of the act which has an overriding effect because section 74 is the only legal provision which can be given meaningful interpretation, compatible with the clear legislative intent because it is this provision which has .....
Tag this Judgment!Court : Jharkhand
Reported in : 2005(53)BLJR2158; [2005(3)JCR345(Jhr)]
..... time-frame for the valuation exercise should be the next 30-50 days, so that appropriate proposals may be put up before the respective governments expeditiously.'2. ..... in the facts and circumstances, i allow further time to the parties to act as per their decision and to file further progress report by the next date.i.a. no. ..... hec) to allow to take appropriate step in order to liquidate its dues, which it owes to kendriya vidyalaya sangathan (hereinafter referred to as kvs), central industrial security force (hereinafter referred to cisf) etc.lease of building and land in favour of kvs :4. .....
Tag this Judgment!Court : Jharkhand
..... on 26/02/2015 delivered on 27 /03/2015 prashant kumar, j: this writ application has been for for the following reliefs:- (a) for issuance of an appropriate writ or a writ in the nature of certiorari for quashing the order dated 01.07.2010 passed by the general manager-cum-chief engineer in pursuance of the order dated 16.01.2009 passed by this hon'ble court ..... (d) for issuance of any other appropriate writ(s), order(s) and direction(s) as your lordships may deem fit and proper under the facts and circumstances of the case for imparting complete ..... (c ) for issuance of an appropriate writ or a writ in the nature of mandamus directing upon the respondents to show cause as to how a proceeding under clause 16.9a of the 1993 tariff is 2 attracted, when admittedly none of the criterions as laid down in ..... any impetus to the report of national metallurgical laboratory, jamshedpur went ahead to levey penalty upon the petitioner in purported exercise of powers conferred upon it under section 39 and 44 of the indian electricity act, 1910 without applying its mind and for the reasons of malice. ..... company limited, a company incorporated under the provision of companies act, 1956, having its works at plot no. ..... obey those rules, he may truly be said, and often is said, to be acting 'unreasonably'. ..... petitioner has brought on record the report of national meteorological laboratory, jamshedpur to show that the snapping of the jumper of r-phase and its melting with the outgoing jumper was an act of god. .....
Tag this Judgment!Court : Jharkhand
..... the facts and laws discussed herein above, we are inclined to hold that the c.c.l could not be injuncted from withholding the amount from other bills of the contractor but it can certainly be injuncted from recovering it or appropriating it to the damages claimed, for the time being, till the claim of the parties arising out of the alleged breach of contract are adjudicated by the competent civil court. ..... whenever any claim for the payment of a sum of money arises out of or under the contract against the contractor, the purchaser shall be entitled to recover such sum by appropriating in whole or in part, the security, if any, deposited by the contractor, and for the purpose aforesaid, shall be entitled to sell and/or realise securities forming the whole or part of any such security ..... in the event of the security being insufficient, the balance and if no security has been taken from the contractor, the entire sum recoverable shall be recovered by appropriating any sum then due or which at any time thereafter may become due to the contractor under the contract or any other contract with the purchaser or the government or any person contracting through the ..... the appellant sought injunction under section 41 of the second schedule of the arbitration act and order 39 rules 1 and 2 read with section 151 of the code of civil procedure restraining the respondent- union of india from appropriating, withholding or recovering the amount claimed from its other bills in any manner whatsoever .....
Tag this Judgment!Court : Jharkhand
..... the facts and laws discussed herein above, we are inclined to hold that the c.c.l could not be injuncted from withholding the amount from other bills of the contractor but it can certainly be injuncted from recovering it or appropriating it to the damages claimed, for the time being, till the claim of the parties arising out of the alleged breach of contract are adjudicated by the competent civil court. ..... whenever any claim for the payment of a sum of money arises out of or under the contract against the contractor, the purchaser shall be entitled to recover such sum by appropriating in whole or in part, the security, if any, deposited by the contractor, and for the purpose aforesaid, shall be entitled to sell and/or realise securities forming the whole or part of any such security ..... in the event of the security being insufficient, the balance and if no security has been taken from the contractor, the entire sum recoverable shall be recovered by appropriating any sum then due or which at any time thereafter may become due to the contractor under the contract or any other contract with the purchaser or the government or any person contracting through the ..... the appellant sought injunction under section 41 of the second schedule of the arbitration act and order 39 rules 1 and 2 read with section 151 of the code of civil procedure restraining the respondent- union of india from appropriating, withholding or recovering the amount claimed from its other bills in any manner whatsoever .....
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