Court : Jharkhand
Reported in : [2008(3)JCR7(Jhr)]
D.G.R. Patnaik, J.1. In this writ application filed by way of public interest litigation, petitioner has made the following prayers:(i) For issuance of an appropriate writ declaring the provisions of Section 3(1)(f)(ii) of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as 'SICA' as violation of Article 14 of the Constitution of India.(ii) For issuance of a writ commanding upon the State of Jharkhand and Union of India to make protective arrangement with respect to Sick Small Scale Industries similar to the benefit under Section 22 of the SICA extended to companies/undertakings as defined under Section 3 of the Act.(iii) For issuance of appropriate writ for conscionable justice to the small scale industries established within the State of Jharkhand.2. Briefly stated, the issue raised by the petitioner is that exclusion of Small Scale Industrial Unit from the definition of Industrial Undertaking under Section 3(1)(f)(ii) of the Sick Industrial Compa...
Tag this Judgment!Court : Jharkhand
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (L) No. 5863 of 2015 with W.P. (L) No. 5864 of 2015 with W.P. (L) No. 5866 of 2015 with W.P. (L) No. 5873 of 2015 with W.P. (L) No. 5884 of 2015 with W.P. (L) No. 5865 of 2015 with W.P. (L) No. 5881 of 2015 --- Anjani Kumar Pandey --- ---- Petitioner [in all the cases] Versus 1. The Regional Labour Commissioner (Central), Ranchi 2. M/s Hindalco Industries Limited, Lohardaga --- Respondents [in all the cases] --- CORAM:The Honble Mr. Justice Aparesh Kumar Singh For the Petitioner: Mr. Sumir Prasad, Advocate For the Respondents: M/s Nitu Sinha, Prashant Vidyarthi, CGC --- 04/ 19.06.2017 Since the sole petitioner raises common grievance of the workers in each of the respective writ petitions against rejection of their claim for payment of arrears of wages under section 20 of the Minimum Wages Act including compensation in lieu of less payment of wages against the Respondent M/s Hindalco Industries Ltd. (herein- after referred to as 'Company') ...
Tag this Judgment!Court : Jharkhand
Reported in : 2004(2)BLJR1035; [2004(2)JCR443(Jhr)]; [2004]55SCL662(Jhar)
ORDERM.Y. Eqbal, J.1. In this application filed under Section 482 Cr PC the petitioner has prayed for quashing the entire criminal proceedings and the order dated 16.3.2001 passed by Judicial Magistrate Jamshedpur in C.I. No. 1152 of 2000 whereby he has taken cognizance under Section 630 of the Company's Act against the petitioner.2. The brief facts of the case is that petitioner was in the service of opposite party No. 2 Company and while he was in service he was extended the facility of residential accommodation since 1993. Petitioner's service was terminated by the Company with effect from 6.10.99. The Company thereafter asked the petitioner to vacate the residential quarter since he ceased to be in employment of the Company Inspite of notice and reminders, petitioner did not vacate the premises and thereby he alleged to have committed offence under Section 630 of the Companies Act by wrongfully withholding the said premises which is the property of the Company.3. Learned counsel fo...
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1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C ) No. 319 of 2013 With I.A. No. 5335 of 2014 ------- Captain Deep Shrivastava son of late C.B. Shrivastava, resident of 8-B, Kaiser Quid, Dindly Road, B14Area, Kadma, P.O.- Kadma, P.S.- Kadma, District- Singhbhum East. .... Petitioner Vs.1. Tata Steel Limited, a company incorporated under the Companies Act, through its legal Manager, Legal Services Shri Ajit Kumar Singh, son of Sri S.K. Singh, having its registered office of Bombay House, 24-Homi Modi Street, Mumbai. .2. A.N. Singh, Deputy Managing Director (Corporate Services udner Tata Iron and Steel Company Limited, Jamshedpur).3. B. Muthuraman, Managing Director, TISCO Limited, Jamshedpur. .... Respondents. ------ CORAM: THE HONBLE MR JUSTICE P.P. BHATT -------- For the Petitioner : M/s Manoj Tandon, Shiv Shankar Kumar, Kumari Rashmi, Navin Kr. Singh, Advocates. For the Respondents : Mr. Gunendra M. Mishra, Advocate. ------ ORDER13/ 10/02/2015: The present petition has been filed un...
Tag this Judgment!Court : Jharkhand
Reported in : II(2006)BC183; [2005(4)JCR346(Jhr)]
Altamas Kabir, C.J.1. These appeals arise out of a common judgment and order passed by a learned Single Judge while disposing of the two writ applications filed by the Tata Iron & Steel Company Limited (Tisco) and the Bihar State Industrial Development Corporation Limited (BSIDC), being CWJC No. 3510 of 2000 (P) and CWJC No. 8842 of 2000 (P).2. The first of the two writ petitions was filed by TISCO against the order dated 1/2/2000 passed by the Presiding Officer, Debts Recovery Tribunal, Patna, in OA No. 2 of 1997, whereby the petition filed by the Bank of India, Chirkunda Branch, Dhanbad under Section 19(4) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 was allowed ex parte with costs and interest pendente lite and future at the rate of 12 per cent per annum until full and final realization of the amounts. A direction was given to issue certificate under Section 19(7) of the aforesaid Act and to forward the same to the Recovery Officer, Debts Recovery Tribu...
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR169; [2007(4)JCR265(Jhr)]
M. Karpaga Vinayagam, C.J.1. Deepak Prakash, the petitioner, who was initially appointed as Chairman of the Jharkhand State Mineral Development Corporation Limited (hereinafter referred to as the Corporation) by the order of the Governor dated 26.10.2003 invoking powers under Article 35(a) of the Articles of Association of the Corporation, was removed from the post of Chairman on 4.5.2007 by the Governor invoking Article 35(e)(iv) of the Articles of Association. Aggrieved by the same, the petitioner has filed this writ petition invoking Article 226 of the Constitution of India.2. The petitioner has made two-fold prayer in the present writ petition - (i) for declaring the powers of the Governor under Article 35(e)(iv) of the Articles of Association of the Corporation for removal of the Chairman as void and ultra vires to Article 14 of the Constitution and (ii) for holding that the order of removal of the petitioner from the post of Chairman of the Corporation through notification dated ...
Tag this Judgment!Court : Jharkhand
Reported in : [2004(3)JCR7(Jhr)]
P.K. Balasubramanyan, C.J.1. This writ petition filed by M/s. Nicco Jubilee Park Limited, hereinafter referred to as the Company, prays for the issue of a writ of certiorari to quash the notice dated 9.5.2003 issued by the Assistant Commissioner of Commercial Taxes, directing the company to furnish security for the purpose of issuance of a registration certificate under the Bihar Entertainments Tax Act, 1948, hereinafter referred to as 'the Act', for directing a refund to be made pursuant to a revisional order for quashing the orders and notices demanding tax under the Act and for a declaratory relief that until the respondents issue a proper notification under Section 5(2) of the Act specifying the company as a place of entertainment, the liability of the company under the Act does not commence and for other ancillary reliefs connected therewith. Subsequently, LA. No. 334/04 was filed for an amendment of the writ petition by seeking to challenge the two demands made to the company for...
Tag this Judgment!Court : Jharkhand
Reported in : 2005ACJ336; [2004(4)JCR514(Jhr)]
M.Y. Eqbal, J.1. This appeal at the instance of the appellant. New India Assurance Company Limited is directed against the judgment and award dated 30.9.2000 passed by District Judge-cum-MVACT, Giridih in M.V. Claim Case No. 37/1998 whereby a sum of Rs. 20,67,076/- together with interest at the rate of 12.5% has been awarded on account of death of the deceased in a motor vehicle accident,2. Claimants are the mother/mother -In-law, sons and daughters of the deceased.3. The brief facts of the case is that on 16.7.1998 deceased Tuntun Kumar @ Tuntun Bhadani alongwith his wife late Asha Bhadani and others were going to Sultanganj by Car bearing registration No. BR-16-A-0377. As soon as the car reached near Makdiha line hotel at Jamua Chatro Road, a Leyland Truck bearing registration No. BRA 9821 loaded with scrap coming towards Chatro dashed the Ambassador car causing death of all the occupants including Tuntun Kumar and Asha Devi. It is alleged that the said accident took place due to ras...
Tag this Judgment!Court : Jharkhand
Reported in : III(2006)BC326; [2005(4)JCR473(Jhr)]
ORDER1. This appeal is directed against the order passed by the learned Company Judge on 13th July, 2005 in Company Petition No. 5 of 2003, which was a petition under Sections 433 and 434 of the Indian Companies Act, 1956, filed by Damodar Valley Corporation (hereinafter referred to as 'D.V.C.'} for winding up of the appellant Company Akshaya Technologies Private Limited, Jharkhand.2. Admittedly, the appellant Company had obtained supply of electricity from D.V.C. and had defaulted in payment of its dues which was quantified by D.V.C. as Rs. 3,37,004.06 on account of bills and a further sum of Rs. 2,59,65,004/- on account of Delayed Payment Surcharge and additional interest at the rate of two per cent per month.3. In the winding up petition, it was mentioned that although the appellant Company agreed to pay the outstanding dues in twenty instalments, after payment of some of the instalments, it discontinued the payment of the other instalments, as a result whereof, D.V.C. was compelled...
Tag this Judgment!Court : Jharkhand
Reported in : [2003(1)JCR613(Jhr)]; [2004]50SCL729(Jhar)
S.J. Mukhopadhaya, J. 1. This appeal under Section 10F of the Companies Act, 1956 has been preferred by appellant-Devendra Kumar Budhia against the judgment and order dated 3rd September, 1999 passed by the Company Law Board, Calcutta (C.L.B. for short), under Section 186 of the Companies Act, 1956 in Company Application No. 16(186)/ERB/99, communicated vide letter dated 30th September, 1999. 2. The 2nd respondent, Dr. Hari Krishan Budhia was the applicant, who filed a petition under Section 186 of the Companies Act, 1956 seeking directions against 1st respondent, M/s. Bihar Foundry & Castings Limited (hereinafter referred to as 'the Company') to convene an extra-ordinary General Meeting for the purpose of proposed resolution dated 12th March, 1999. Other consequential directions, such as appointment of a Chairman for the purpose of holding and conducting meeting was also sought for. 3. The case of the applicant (2nd respondent) before C.L.B. was that the Company was incorporated on 11...
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