Court : Patna
Radha Mohan Prasad, J. 1. In this writ petition, the petitioner-Corporation has assailed the validity of the resolution of the State of Jharkhand dated 23.3.2002, contained in Annexure 8, establishing the Jharkhand State Forest Development Corporation Limited and the certificate of incorporation of the said Corporation issued by the Registrar of Companies, Jharkhand on 27 March, 2002 vide Annexure 9.2. The petitioner-Corporation is incorporated under the provisions of the Companies Act vide Registration No. 1193 dated 10.2.1975 with an authorised capital of Rs. Five hundred lacks, out of which the share of the State of Bihar is 51% and 49% is of the Government of India. According to the petitioner, in almost all the States of Union of India such Corporations were established as per the recommendation of the National Commission on Agriculture with objects to : (i) accelerate and increase forest production and productivity; (ii) contribute to better utilisation of forestry products incl...
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR16(Jhr)]
P.K. Balasubramanyan, C.J. 1. For the existing State of Bihar prior to its reorganisation by the Bihar Reorganisation Act, 2000, the Bihar State Electricity Board was formed in terms of the Electricity Supply Act, 1948. Its area of operation included the areas, which subsequently fell within the State of Jharkhand on the coming into force of the Bihar Reorganisation Act, 2000 with effect from 15.11.2000. since the reorganisation brought within its wake the division of various instrumentalities of the State, corporations and statutory bodies, the Bihar State Electricity Board also had to be reorganised. Section 62 of the Reorganisation Act provided that on and from the appointed day, the Bihar State Electricity Board would continue to function in those areas in respect of which they were functioning immediately before that day, subject to the provisions of Section 62 and such directions as may, from time to time, be issued by the Central Government. The State of Jharkhand issued a notif...
Tag this Judgment!Court : Jharkhand
Reported in : 2002(50)BLJR1037
ORDERTapen Sen, J.1. In this writ application the petitioner Asiya Shah, has prayed for a direction upon the respondents to accept her admission in the M.B.B.S. course at the Rajendra Medical College. Ranchi for the Session starting from 2001. According to the petitioner she had been selected in the Jharkhand Combined Entrance Competitive Examination. 2001 (J.C.E.C.E.) and her application was duly forwarded for Counselling but even thereafter, the Principal of the said college refused admission on the ground that she does not fulfil the residential eligibility.2. This case was heard at length and both Mr. Anil Kumar Sinha, Senior Advocate and Mr. Pradip Modi, learned G.P.I. argued and represented their respective clients.3. According to the petitioner, she has born on 4th of August. 1982 at Jamshedpur and she completed her scholastic life in the Little Flower School at Telco Colony. Jamshedpur where she studied from K.G. to Class 12th. The petitioner states that in the mean time, she a...
Tag this Judgment!Court : Supreme Court of India
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL No.5302 OF2019(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) No.23592 OF2014 THE STATE OF MADHYA PRADESH AND OTHERS .. APPELLANT(S) VERSUS LAFARGE DEALERS ASSOCIATION AND OTHERS .. RESPONDENT(S) W I T H CIVIL APPEAL No.460 OF2005CIVIL APPEAL No.461 OF2005CIVIL APPEAL No.7073 OF2005CIVIL APPEAL No.2343 OF2007CIVIL APPEAL No.5303 OF2019(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.10520 OF2013 CIVIL APPEAL No.5304 OF2019(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) No.1334 OF2014 CIVIL APPEAL No.5305 OF2019(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) No.10165 OF2014 CIVIL APPEAL No.5306 OF2019(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) No.23297 OF2014 CIVIL APPEAL No.5308 OF2019(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) No.6729 OF2016 Civil Appeal arising out of SLP (C) No.23592 of 2014 & Ors.Page 1 of 38 A N D (ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) No.16550 OF2016 5307 CIVIL APPEAL N...
Tag this Judgment!Court : Mumbai
Reported in : (1959)ILLJ308Bom
ORDER1. The questions which have been referred to this Full Bench are : (1) Whether the State industrial court which entertained the present reference applications was validly constituted and had jurisdiction to entertain them (a) Whether the present State industrial court is properly constituted and in entitled to deal with these references (2) Whether no jurisdiction is conferred upon the State industrial court by enacting S. 38A of the Act to entertain these references and proceed with them in the absence of expressly conferring jurisdiction by rules made or in any other manner (3) Whether proceedings by way of conciliation are sine que non to a reference under S. 38A of the Act (a) Whether in the matter of references before this Court mentioned above, there were valid and proper conciliation proceedings both as to the identity of the parties and as to the identity of the subject-matter in dispute (b) If the reply to either or both is negative, what is the effect upon the present re...
Tag this Judgment!Court : Jharkhand
Reported in : 2006(1)BLJR109; [2006(1)JCR72(Jhr)]
S.J. Mukhopadhaya, A.C.J. 1. In all the cases, as common order is under challenge and common questions of law involved, they were heard together and are being disposed of by this common judgment.2. The petitioners have challenged the Order No. 6 (BJ/2004, dated 29th July, 2004 issued by the Director (SR), Ministry of Personnel, Public Complaint and Pension, Government of India, New Delhi, whereby and whereunder, in exercise of power conferred under Section 72(2) of the Bihar Reorganisation Act, 2000, the services of petitioners and some others have been placed under the successor State of Bihar.3. The grievance of the petitioners is that though they opted for placement of their services under the successor State of Jharkhand, but in violation of the guidelines issued by the Central Government, their services have been placed and allocated under the successor State of Bihar.4. It may be mentioned that the then State of Bihar was organized in pursuance of the Bihar Reorgaisation Act, 200...
Tag this Judgment!Court : Jharkhand
Reported in : [2003(4)JCR436(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This application has been preferred by the petitioner against the Notification No. 740 dated 9th October, 2002 and Resolution No. 739, dated 9th October, 2002 issued by the State of Jharkhand, whereby and whereunder, the petitioner has been placed under suspension and a departmental proceeding has been initiated.The petitioner has also challenged the order dated 27th November, 2002 whereby the respondent have rejected the petitioner's request for change of Enquiry Officer and the Presenting Officer.2. The main plea taken by the petitioner is that the order of suspension and departmental proceeding both have been issued at the instance of the 4th respondent-Smt. Raj Bala Verma who is also the Registrar, Co-operative Societies, Government of Jharkhand because of mala fide on her part and bias against the petitioner, the petitioner has also alleged bias the Enquiry Officer and the Presiding Officer, appointed by the 4th respondent-Smt. Raj Bala Verma.The petit...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1965MP43; [1964(8)FLR436]
Dixit, C. J. 1. In this application under Articles 226 and 227 of the Constitution, the petitioner seeks a writ of certiorari for quashing an award made in two parts by the State Industrial Court overruling the petitioner's objections to the jurisdiction of the Industrial Court to entertain and decide an industrial dispute referred to the Industrial Court of the old Central Provinces and Berar by a notification, dated the 22nd August 1955 under Section 39 of the C.P. and Berar Industrial Disputes Settlement Act, 1947, issued by the Government of the old C.P. and Berar. The petitioner also prays that the Industrial Court be restrained by the issue of a suitable direction from proceeding with the reference in any manner. 2. The matter arises thus : On 22nd August 3055, the C. P. and Berar Government issued under Section 39 of the C.P. and Berar Industrial Disputes Settlement Act, 1947, referring to the arbitration of the State Industrial Court a dispute between eleven textile mills, enum...
Tag this Judgment!Court : Jharkhand
Reported in : [2006(2)JCR418(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The petitioners of all the abovementioned writ petitions were in the service of the erstwhile Bihar State Electricity Board, Patna (hereinafter to be referred as 'Erstwhile State Electricity Board1). They retired prior to creation of Jharkhand State Electricity Board, Ranchi (hereinafter to be referred as (J.S.E.B.) and present Bihar State Electricity Board, Patna (hereinafter to be referred as 'B.S.E.B.') i.e. prior to '1st April, 2001. They had been getting their pensions after retirement but after the creation of the said separate Board i.e. J.S.E.B. and 'B.S.E.B., payments or pensions have been suddenly stopped since June, 2005. The two Boards are now passing buck on one another for the financial liability to be born in paying previous and other dues of the petitioners. However, both the Board have admitted that the petitioners are entitled to get pension and other benefits as they are retired employees of the erstwhile State Electricity Board. The only...
Tag this Judgment!Court : Patna
S.N. Jha and B.N.P. Singh, JJ. 1. By this application purportedly filed under Section 89 of the Bihar Reorganisation Act 2000 and Section 395 of the Code of Criminal Procedure the petitioner seek-transfer of the proceedings in Complaint Case No. 366(M) of 1999 from the Court of Shri P.O. Gupta, Judicial Magistrate, 1st Class, Patna to the corresponding Court in the State of Jharkhand in terms of Section 89 of the Reorganisation Act.2. Section 89 of the said act provides for transfer ('shall stand transferred') of proceedings pending immediately before the appointed day i.e. 15th November, 2000 before a Court (other than the High Court), tribunal etc. in any area which on that day falls within the State of Bihar shall, if the proceeding relates exclusively to territory which as from the appointed day is the territory of Jharkhand State, to the corresponding Court, tribunal etc. in the State of Jharkhand.3. The case of the petitioners is that the alleged offence which is the subject ma...
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