Court : Jharkhand
Reported in : [2004(4)JCR738(Jhr)]
Vikramaditya Prasad, J.1. This miscellaneous appeal arises out of the judgment/order dated 17.1.1996 passed by the sub-ordinate Judge-I, in Title Suit No. 99 of 1992, whereby and where under in a proceeding under Section 20 of the Indian Arbitration Act, 1940 (hereinafter referred to as the Act), he refused to direct the opposite party-State of Bihar to file the Arbitration agreement dated 25.2.1990 in Court and for appointment of an Arbitrator to adjudicate the dispute and differences having arisen in between the parties and to refer the dispute and differences as has been arisen in between the parties to the Arbitrator so appointed on the ground, inter alia, that there were sufficient cause shown by the State of Bihar against non-filing of the award. While passing this order the learned Court below also considered that there were several overwriting, additions. Insertions and interpolations made in the tender documents as also in the agreement and the plaintiff had acted as per the l...
Tag this Judgment!Court : Jharkhand
Reported in : [2004]135STC385(Jharkh)
Vishnudeo Narayan, J.1. In this writ petition the petitioner has prayed for issuance of appropriate writ in the nature of certiorari for quashing the orders dated June 30, 2000 (annexure 16) and July 1, 2000 (annexure 17) passed by respondent No. 3, the Joint Commissioner of Commercial Taxes (Admn), Jamshedpur Division, Jamshedpur (hereinafter called as 'JCCT') pursuant to the direction dated January 6, 2000 passed by this Court in C.W.J.C. No. 3248 of 1999(R) whereby and whereunder the prayer of the petitioner for refund of the sales tax of the year 1996-97 has been disallowed and for the year 1997-98 the petitioner was allowed to avail of the tax-free purchase of raw materials in the form of hot rolled coil for the production of 8588 MT of CRM product over and above the 2/3rd incremental capacity of 60,000 MT fixed under S.O. No. 478 on proportional basis which works out to 9889 MT only and also a direction was made therein that the refund of the tax paid on purchase of raw materials...
Tag this Judgment!Court : Jharkhand
Reported in : [2004(2)JCR303(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the plaintiffs-appellant stands directed against the impugned judgment and decree dated 30.4.1988 and 7.5.1988 respectively passed in Title Appeal No. 6 of 1987 by Shri Krishna Nand Singh, Additional Judicial Commissioner, Ranchi whereby and whereunder the judgment and decree dated 31.7.1986 and 16.8.1986 passed in Partition Suit No. 53 of 1978/42 of 1985 by Additional Sub-Judge, Ranchi was affirmed and the appeal was dismissed.2. The appellants have filed the said suit for partition of the suit property detailed in Schedules 'B' 'C' of the plaint and also for a declaration that the order under Section 71-A of the Chotanagpur Tenancy Act (hereinafter referred to as the said Act) is void, illegal and erroneous.3. The case of the appellants is that the parties to the suit are members of the joint Hindu family being the descendants of a common ancestor resident of village Senha Tola Bartoli, P.S. Senna, District Ranchi (now Lohardagga...
Tag this Judgment!Court : Jharkhand
Reported in : AIR2004Jhar143; [2004(4)JCR626(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the plaintiffs appellant has been preferred against the impugned judgment and decree dated 21-6-1989 and 5-7-1989 respectively passed in Money Suit No. 175 of 1974/52 of 1988 by Sri Udaykant Thakur, 4th Subordinate Judge, Dhanbad whereby and whereunder the suit of the plaintiffs-appellant was dismissed.2. The plaintiffs-appellant had filed the said money suit for realisation of Rs. 2,69,570.63 paise along with pendente lite and future interest @12% per annum against the defendants -respondent on the basis of the Hundies detailed in Schedule A of the plaint.3. The case of the plaintiffs-appellant (hereinafter referred to as the 'plaintiffs'), in brief is that the plaintiffs are a partnership firm registered under the Indian Partnership Act and also registered under the provisions of Section 4 of the Bihar Moneylenders Act, 1938 and they carry on business as bankers, general merchants and commission agents. It is alleged that defenda...
Tag this Judgment!Court : Jharkhand
Reported in : AIR2006Jhar113; [2006(3)JCR404(Jhr)]
S.J. Mukhopadhaya, A.C.J.1. In this appeal, the only question required to be determined is : Whether the Permanent Lok Adalat has jurisdiction to decide insurance claim of an insurer ?2. The appellant, an authorized distributor of Sony Product having its registered Office at Kilburn Colony-Hinoo, Town and District - Ranchi obtained a Burglary and House Breaking Policy from the Respondent - United India Insurance Company Ltd. (hereinafter referred to as the Insurance Company), effective for the period from 29th August, 2001 to 31 st August, 2002.On 18 th/19th August, 2002, at midnight, a burglary took place in the Godown of appellant. He lodged F.I.R. on 19th August, 2002 with Doranda Police Station, Ranchi Under Section 461/379 I.P.C. The appellant submitted a claim with the Insurance Company for a loss of Rs. 11, 14,577/-, but it was not entertained.The Police submitted final form, but it was opposed by the Insurance Company; the matter is pending before the Court below, A complaint C...
Tag this Judgment!Court : Jharkhand
Reported in : III(2005)ACC559; 2005ACJ1626; 2005(2)BLJR1446; [2005(2)JCR523(Jhr)]
M.Y. Eqbal, J.1. These two appeals have been referred to Full Bench for testing the correctness of two decisions of this Court, one by Division Bench in the case of Bholla Nath Yadav v. Hemwati and Ors., 2003 (1) JCR 105 (Jhr) : 2002 (2) JLJR 411 and the other by a learned single Judge in Oriental Insurance Company Ltd. v. Jashmani Kongari, 2001 (1) JLJR 178.2. Facts which have given rise to the present controversy may be stated :--The deceased along with other persons were traveling by Bus on the relevant date of accident. The deceased was sitting on the roof of the Bus. When the Bus reached near Jaruadih More, several mango trees were spread towards road and the deceased who was on the roof of the Bus. Sustained grievous head injury. The deceased was taken to hospital and subsequently he died. In another case, the deceased was traveling on the roof of the Bus. Because of rash and negligent driving, the deceased fell down form the bus and succumbed to injuries.3. The respondent-Insura...
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR2343; [2007(115)FLR827]; [2007(4)JCR344(Jhr)]
Narendra Nath Tiwari, J.A. No. 452 of 20071. In this interlocutory application, the petitioner has prayed or addition of prayer in the writ petition for quashing the order dated 2nd/7th February, 2007, containing a demand notice, issued under Section 45A of the E.S.I. Act, 1948 (contained in Annexure-14) during the pendency of the writ petition.2. It has been stated that the petitioner has assailed the show cause notice against the said demand and, thereafter, the impugned order dated 2nd/7th February, 2007 has been passed during the pendency of the writ petition, which is based on the same facts and circumstances. Learned Counsel submitted that the amendment prayed for is intended to bring on record and add the subsequent event in the same matter and in order to avoid multiplicity of the proceeding.3. Mr. S.N. Das, learned Counsel appearing for Respondent Nos. 2 to 4, does not dispute the said contention of the petitioner. In view thereof and also to prevent multiplicity of cases, the...
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR1426; [2008(2)JCR193(Jhr)]
Narendra Nath Tiwari, J.1. In this writ petition, the petitioners have prayed for quashing the advertisement notice issued by the Respondent- Marketing Board (Annexure-12), inviting open bid auction for settlement of various Hats/Bazars for collecting market fee, which included Bero Bazar. It has been claimed that the notice with respect to settlement of Bero Hat/Bazar is arbitrary and illegal in view of Letter No. 206 dated 8th March, 2007 (Annexure-8) as the petitioners are entitled for extension of their settlement for another two terms of the financial years 2007-08 and 2008-09, similarly, like Itki, Itki Station, Mander, Kurgi and Chutupalu hats. Petitioners have also prayed for direction on the respondents to consider and pass appropriate order on their representations for extension of period of settlement of Bero Bazar for further two financial years till 2008-09.2. During the pendency of the writ petition, the settlement of the Market, in question, was made in favour of the pri...
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR955
DGR Patnaik, J.1. In these three appeals, the appellants have challenged the judgment dated 23.3.2007 passed by the Addl. judicial Commissioner, Ranchi, in Sessions Trial No. 691 of 1997 whereby two of the appellants namely Yogendra Kumar Ojha and Anil Kumar Ojha alias Raju Ojha have been convicted for offences under Section 25(1A) of the Arms Act and sentenced to imprisonment for eight years and line of rupees 20,000/- each for the said offence, while the appellant Jitendra Bohra was convicted for the offence under Section 25(1A) read with Section 35 of the Arms Act and was also sentenced to undergo rigorous imprisonment for eight years and fine of rupees 20,000/- (rupees twenty thousand).2. The appellants along with one co-convict Surendra Singh @ Surendra Singh Bangali were charged with and put on trial for offences under Section 25(1A) and Section 35 of the Arms Act and Section 414 of the Indian Penal Code. The case against the appellants was registered on 24.6.1997 at 5.00 p.m. on...
Tag this Judgment!Court : Jharkhand
Reported in : 2008ACJ2184; 2007(2)BLJR2919; [2007(4)JCR1113(Jhr)]
M.Y. Eqbal, J.1. The appellants who are the mother, widow and minor sons of the deceased have preferred this appeal for enhancement of compensation so awarded by Claims Tribunal, Hazaribagh in Claim Case No. 190/2002.2. The claimants/appellants filed application under Section 166 of the Motor Vehicle for compensation of Rs. 5,00,000/- on account of death of deceased late Prem Thakur who met with an accident on 5.10.2002 near Jarandih Colliery Office in Bokaro district. While the deceased was traveling as a passenger in a trekker, a Dumper bearing registration No. BHM-1872 coming in a very rash and negligent manner dashed the trekker. The deceased sustained grievous injuries and was taken to D.V.C. Hospital, Bokaro Thermal Power, where he died. The deceased was aged about 32 years and was employed in M/s Khana Body Builder in Hazaribagh. Claimants' case was that the deceased was earning Rs. 4500/- per month. The Tribunal in absence of any authentic documentary proof of the monthly earni...
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