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State of Jharkhand Through Secretary, Deptt. of Energy Vs. the State o ...

Court : Jharkhand

Reported in : [2004(2)JCR183(Jhr)]

..... records concerning the company. tenughat vidyut nigam limited. the company was one registered, when the state of jharkhand was not separated from the state of bihar under the bihar reorganisation act 2000, and the registered office of the company was at patna, the then capital of the state. it was a generating company and the undertaking or ..... the two states for the ownership over the tenughat vidyut nigam limited. the governor of jharkhand issued a notification in terms of section 47 of the bihar reorganisation act, 2000. the dispute was taken to the central government and the central government passed an order holding that the assets belonged to the state of jharkhand. the ..... was null and void; for a declaration that the state of jharkhand was not entitled to claim the ownership of the nigam by virtue of the bihar reorganisation act, 2000; for setting aside the order of the government of india recognising the right of the state of jharkhand over the nigam and for other incidental reliefs. .....

D. Ganesh Rao Patnaik and ors. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2003(2)JCR477(Jhr)]

..... judgment is passed by that court would be binding even upon the jharkhand high court in terms of section 34(4) of the bihar reorganisation act, 2001 (hereinafter referred to as the reorganisation act). the direct recruits have further submitted that the jharkhand high court has taken the impugned decision on 29.08.2002 by annexure 7 ..... promotees have made their intentions clear of not pursuing the said writ petition on their behalf of patna high court. after coming into force of the reorganisation act and upon allocation of their services to this state, the jharkhand high court assumes all constitutional and legal powers with respect to judicial officers working under ..... of the promotees made representation before the jharkhand high court as aforesaid.7. mr. sharan also argued that in view of section 34(4) of the reorganisation act, the patna high court shall have and the jharkhand high court shall not have jurisdiction to entertain, hear or dispose off application for review and other .....

Swarn Rekha Cokes and Coal Pvt. Ltd. Vs. State of Bihar and ors.

Court : Patna

..... that the objection raised by the bccl for continuation of exemption certificate granted to the petitioner is misconceived in as much as in view of section 85 of bihar reorganisation act, 2000 until and unless any such adaptations and/or modification of law is made by the state of jharkhand by way of repeal or amendment, the existing law shall ..... material (coal) from the concerned coal company till 20.12.2003.3. the petitioner was getting tax free raw material from bccl dhanbad but due to reorganisation of state of bihar the linkage coal company, this bccl dhanbad has become part of new state, namely, jharkhand state, it appears that due to such ..... has taken loan from bihar state credit and investment corporation ltd. for establishing his factory and such loan liability has become rs. 82.00.316/- till 30.9.2000.4. in the counter affidavit the respondent bccl has taken a plea that though earlier the petitioner was getting such exemption on raw material but after reorganisation of the state .....

Madheshwar Dhari Singh and Krishnadeo Das Vs. the Union of India (Uoi) ...

Court : Jharkhand

Reported in : [2006(2)JCR404(Jhr)]

..... jharkhand rule 73 having been amended. in the meantime, the central government issued different notifications under section 72(2) of the bihar reorganisation act, 2000, finally allocating the services to one or other employees under one or other successor state including those who retired in the meantime from state of ..... age of superannuation (compulsory retirement) on attaining 58 years of age. after reorganisation of the state since 15th november, 2000, the employees were provisionally allocated the successor state of bihar or jharkhand under sub-section (1) to section 72 of the bihar reorganisation act, 2000. the persons who were posted in one or other office falling within the ..... order no. 2(b)/2005 dated 14th february, 2005 in exercise of power conferred under section 72(2) of the bihar reorganisation act, 2000 and finally allocated their services under the state of bihar w.e.f. 15th november, 2000. the petitioners felt difficulty as the rule 73 had not been amended by the state of .....

Pradeep Robert Lakra and ors. and Pushpa Purty and ors. Vs. Union of I ...

Court : Jharkhand

Reported in : 2006(1)BLJR99; [2006(1)JCR110(Jhr)]

..... residents now fall within the territory of successesor state of jharkhand. their grievance is against the allocation of state, as made by the central government in pursuance of bihar reorganisation act, 2000 (hereafter referred to as the reorganisation act, 2000).2. for determination of the questions, as raised in both the cases, it is not necessary to discuss all the facts and law, except the relevant one ..... , as stated hereunder.in pursuance of reorganisation act, 2000, the then state of bihar was re-organized in two successor state of bihar and jharkhand which came into effect since 15th november, 2000. the central government has been empowered to allocate one or oilier successor state to government employees under section 72 of .....

Shrenik Bhai Kasturbhai and ors. Vs. Ganpat Rai JaIn and ors.,

Court : Jharkhand

Reported in : 2004(2)BLJR1611; [2004(4)JCR1(Jhr)]

..... of a full bench of five judges by the chief justice of the patna high court before the reorganization of the state of bihar. counsel contended that in terms of section 34(4) of the bihar reorganisation act, 2000, the order made by the chief justice of the patna high court must be deemed to be an order passed by the jharkhand ..... appeals one year back. even then, considering that it was an objection sought to be raised on the basis of the provision in section 34(4) of the bihar reorganisation act, we consider that it will be proper to deal with that objection before we charter our future course, either by delivering a judgment on merits or by ordering the ..... of the appellants, anandji kalyanji, that the appeals have not properly been sent down to this court by the patna high court in terms of section 34 of the bihar reorganisation act. we have overruled that contention by the order delivered on 7.7.2004. we find that the objection was raised without proper care and without verifying the events .....

Rajiw Kumar Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2003(3)JCR20(Jhr)]

..... authority' under section 84. but if the state government intends to modify such law, may do so, after adoption of such law under section 85 of the bihar reorganisation act, 2000. 11. in view of aforesaid provision of law (section 84), even if the 1993 rules has not been adopted with modification by the government of jharkhand under ..... legislature' or the 'competent authority', but the power of adoption of laws with amendment has been delegated to both the successor states of bihar and jharkhand under section 35 of the bihar reorganisation act, 2000.10. for example, a law which requires no modification, may be allowed to continue by the successor state until otherwise provided by a ..... not. to answer the aforesaid question, it is necessary to notice sections 84 and 85 of the bihar reorganisation act, 2000, which read as follows :--'84. territorial extent of laws.--the provisions of part ii of this act shall not be deemed to have effected any change in the territories to which any law in force .....

Nemdhari Ram Vs. Union of India (Uoi), Through the Secretary, Deptt. o ...

Court : Jharkhand

Reported in : [2006(2)JCR455(Jhr)]

..... of the said writ petition, the central government issued order no. 3(jha)/2005 dated 17th february, 2005 under section 72(2) of the bihar reorganisation act, 2000 and allocated his service under the state of bihar. the appellant challenged the said order in the writ petition by filing a petition for amendment (la. no. 800 of 2005).the case ..... s.j. mukhopadhaya, j.1. the appellant was appointed on 1st july, 1976 under the state of bihar and was posted as group officer, special branch, chaibasa (within the territory of jharkhand) since 10th may. 1997. after reorganisation of the state, he continued to hold the said post under the state of jharkhand.2. the age of ..... superannuation was 58 years for employees of state of bihar prescribed under rule 73 of the bihar service code, 1952. the said code was adopted by the state .....

A. Arjehanul Gouri Vs. Jharkhand High Court Through the Registrar Gene ...

Court : Jharkhand

Reported in : [2005(3)JCR526(Jhr)]

..... said disciplinary proceeding was supposed to have been initiated. mr. jha urged that the entire exercise against the petitioner was in violation of section 89 of the bihar reorganisation act, 2000, and also in violation of the principles of natural justice.6. in support of his submissions, mr. jha, firstly relied on the decision of the hon ..... patna high court in cwjc no. 5058 of 2001, which was withdrawn by him on 3rd may, 2001 as in the meantime, after the enactment of the bihar reorganisation act, 2000, the petitioner was ordered to report to the jharkhand cadre.3. soon thereafter, by order dated 17th july, 2001 passed under rule 74(b)(ii) of ..... court was coincidentally made the inspecting judge at bokaro judgeship. according to the writ petitioner, while, on the one hand, in the report dated 13th august, 2000, the inspecting judge had indicated that no complaint had been heard regarding the petitioner's integrity, he, however, categorized the petitioner as an officer of average quality .....

Shyam Chandra Chaudhary Vs. State of Bihar and ors.

Court : Patna

..... the petitioner in support of the maintainability of the case is that the petitioner is lodged in bhagalpur central jail. bhagalpur being part of the state of bihar after division of the state under the bihar reorganisation act, 2000, the petition is maintainable. for that reason, the jharkhand high court cannot issue any direction for release from bhagalpur jail. on behalf of the state reference ..... was made to the provisions of section 27 and section 34(1) of the reorganisation act. section 27 provides that the high court of jharkhand shall have, in respect of .....