Court : Jharkhand
Reported in : [2008(3)JCR365(Jhr)]
M.Y. Eqbal, A.C.J.1. In all these writ petitions, the petitioners have challenged the vires of Section 11 of the Jharkhand Value Added Tax Act, 2005 as ultra vires and violative of Article 301 read with Article 304(a) of the Constitution of India since the provision is not saved by Article 304(b) of the Constitution of India and further for a direction restraining the respondents from enforcement of the provisions of Section 11 of the Jharkhand Value Added Tax Act. 2005 whereby Entry Tax is liable to be collected on entry of goods mentioned in Schedule III of the said Act. The petitioners further sought a declaration that the entry tax is not compensatory in nature falling under Article 304 of the Constitution of India. As such, the said provision is violative of Article 301 of the Constitution of India.2. The respondents-State filed counter-affidavit taking various defences available in law in support of their case that provisions of the Act is compensatory in nature and, therefore, n...
Tag this Judgment!Court : Jharkhand
Reported in : [2008(2)JCR249(Jhr)]
M.Y. Eqbal, J.1. No election of municipal corporations, municipalities, Nagar Panchayats and other bodies had taken place in the State of Jharkhand for the last 22 years and it was only after the directions of Courts and demand of public when election programmes of the municipal corporations, municipalities, Nagar Panchayats and other bodies have been announced and published in the Gazette, these writ petitions have been filed challenging the vires of various provisions of Jharkhand Municipal Corporation Act, specially the decision of the State Government and the State Election Commission reserving some of the posts of Mayor, Chairman and Vice-Chair-man of the Municipal Corporation and Municipalities for the scheduled castes, scheduled tribes, backward classes and women.2. In W.P. (C) No. 917 of 2008, the petitioner has challenged the notification of the State Election Commission dated 28.1.2008 whereby the post of Mayor in Ranchi Municipal Corporation for a woman candidate belonging t...
Tag this Judgment!Court : Jharkhand
1 INTHEHIGHCOURTOFJHARKHANDATRANCHI W.P.(S)No.4860of2015 SheoShankarGiri,sonofLateBasuDeoGiri,residentofVillageDarii Giri Ka Mathia, P.O. Sagarpali, P.S. Phiphana District Ballia (Uttar Pradesh)andpresentlyresidingatChairman,PermanentLokAdalat, Garhwa,CivilCourtGarhwa,P.O.andP.S.Garhwa,DistrictGarhwa ... Petitioner Versus 1.TheStateofJharkhandthroughitsChiefSecretary,project Bhawan,P.O.&P.S.DhurwaTown&DistrictRanchi 2.JharkhandStateLegalServicesAuthoritythroughitsMember Secretary,havingitsofficeatNyayaSadan,Doranda,P.O.andP.S. Doranda,DistrictRanchi ... ...Respondents ForthePetitioner :Mr.IndrajitSinha,Advocate FortheState :Mr.AjitKumar,A.A.G FortheJHALSA :Ms.KhushbooKataruka,Advocate CORAM :HON'BLEMR.JUSTICEVIRENDERSINGH,CHIEFJUSTICE HON'BLEMR.JUSTICESHREECHANDRASHEKHAR C.A.V.on31.03.2016 Pronouncedon:03/05/2016 VirenderSingh,C.J.: Oneofthemainissuesraisedinthewritpetitionis, whether appointment of the Chairman, Permanent Lok Adalat under Section 22B of the Legal S...
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR660
D.K. Sinha, J.1. Instant criminal revision is directed against the order impugned dated 12.6.2007, passed by Shri Vishal Srivastava, Judicial Magistrate, Hazaribagh, whereby and whereunder, discharge petition filed on behalf of the petitioners under Section 239 of Code of Criminal Procedure was rejected with a direction to the petitioners to stand charge under Section 17 of the Criminal Law Amendment Act, 1908.2. Prosecution story, in short, was that the police party, on tip off, headed by a police officer of the rank of D.S.P. intercepted a Mahindra Jeep bearing No. JH 10B 7373 on 05.12.2003 and apprehended the petitioners (1) Pratik Sarkar (2) M.B. Suresh and (3) Jitendra Laxman Thorve. When called upon, all the three petitioners narrated that construction work of G.T. Road was undertaken by their Company H.C.C. and a few days ago, some employees of Hindustan Construction Company were abducted by the terrorist organization M.C.C.I. The abducted persons were rescued on the quick actio...
Tag this Judgment!Court : Jharkhand
Reported in : [2008(1)JCR542(Jhr)]
M. Karpaga Vinayagam, C.J.1. Since common issues are involved in these three writ petitions, a common order is being passed. In these three writ petitions, Sub-section (ii) of Section 1 of the Jharkhand Municipal (Amendment) Act, 2006 and Sub-section (ii) of Section 1 of the Ranchi Municipal Corporation (Amendment) Act, 2006 are being challenged by the petitioners seeking for a declaration that Jharkhand Municipal Act, 2000 and Jharkhand Municipal (Amendment) Act, 2006 cannot be extended by the State to the Ranchi District including the schedule area as the Parliament alone can extend the provisions of Part IX A of the Constitution of India to the scheduled areas through legislation as contemplated under Article 243ZC of the Constitution of India.2. Mr. M.S. Anwar, learned Senior Counsel appearing for the petitioners would urge the following contentions:(i) Part IX of the Constitution of India relates to the Municipalities;(ii) Under Article 243ZC, the provisions of Part IX A of the Co...
Tag this Judgment!Court : Jharkhand
Reported in : 2007(1)BLJR370; [2007(1)JCR261(Jhr)]
Permod Kohli, J.1. Validity of the advertisement notification issued by the Jharkhand Public Service Commission, published in 'Dainik Jagaran', a vernacular daily in the issue dated 17th of December, 2004, has been challenged in so far it prescribes the eligibility condition for the post of Teachers. Vide aforesaid advertisement notice, applications have been invited for the posts of Teachers in the Human Resource Development Department for 2507 available vacancies in various subjects specified in Clause 1 of the Notification. Clause III of the aforesaid Notification prescribe qualifications and eligibility criteria. In terms of the aforesaid clause, an applicant should be a Graduate from any of the State or Central Institute in the subjects of Arts, Science and Commerce with 2nd Class and minimum of 50 per cent marks in the concerned subject. Minimum percentage for scheduled castes and scheduled tribes has been prescribed as 45 per cent. Candidate should also be trained with B.Ed. Deg...
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR1355
M.Y. Eqbal, J.1. This application under Article 227 of the Constitution of India is directed against the order dated 8.3.2007 passed by Sub-Judge-VII, Deoghar in Title Partition Suit No. 32/2000 whereby he has rejected the petition filed by the petitioner along with proforma respondents-defendants.2. The question that arose for consideration is as to whether daughter being a co-parcener is a necessary party in a suit for partition of ancestral co-parcenary property.3. The facts of the case lie in a narrow compass:The plaintiff-respondents Ist set filed petition suit No. 32/2000 for partition of joint family ancestral property. Defendants-respondents No. 2 and 3 contested the suit by filing written statement taking various pleas including non-joinder of necessary parties. The petitioner-defendant filed a petition for adding Savitri Devi, Usha Devi and Mina Devi as defendants in the suit on the ground that they are co-parceners having equal right title and interest over the ancestral pro...
Tag this Judgment!Court : Jharkhand
Reported in : 2009(57)BLJR336; [2008(4)JCR316(Jhr)]
D.G.R. Patnaik, J.1. Since common question of law arises on the basis of identical facts in all the three writ applications, they are heard and disposed of together by this common order.2. Challenge in these writ petitions is against the initiation of the land acquisition proceeding vide L.A. Case No. 1 of 2006-07 (Annexure-3) in respect of the lands belonging to the petitioners. The petitioners have challenged the notification issued under Section 4(1) of the Land Acquisition Act and the declaration under Section 6 of the Land Acquisition Act.3. Petitioners claim themselves to be owners of the various units of land situated within Pundag and other areas and this fact is confirmed by the revenue records of the State Government, wherein the names and identity of the petitioners in respect of their respective area of land, stands mutated and they are in occupation and possession of their respective lands.4. A public interest litigation vide W.P. (PIL) No. 149 of 2003 was filed before thi...
Tag this Judgment!Court : Jharkhand
Reported in : [2003(3)JCR256(Jhr)]
ORDERS.J. Mukhopadhaya, J. 1. The petitioner has challenged the original order dated 10th August, 2001 passed by the Divisional Forest Officer (DFO for short), Garhwa in Confiscation Case No. 21/2000; Appellate order dated 25th of February, 2002 passed by the Deputy Commissioner, Garhwa in Confiscation Appeal No. 19/2001 and the revisional order dated 4th December, 2002 passed by the Secretary, Forest Department, Government of Jharkhand in Revision Case No. (C)-11/2002. In the confiscation case, the Respondent DFO, seized the Truck No. BR-15G-1140, apart from forest produce, which was affirmed by the appellate and revisional authorities. 2. The petitioner, who is the owner of the Truck, in question, has challenged the orders on amongst the following grounds : (i) The DFO, Garhwa had no jurisdiction to confiscate the truck, in question, having not delegated with the power. (ii) The notice of confiscation issued to the petitioner and others is not proper, the authority having not disclo...
Tag this Judgment!Court : Jharkhand
Reported in : [2003(3)JCR195(Jhr)]
S.J. Mukhopadhaya, J.1. An Encroachment Case No. 01/98 was filed to take steps for eviction of the petitioners under provisions of Section 66A of the Indian Forest (Bihar Amendment) Act, 1989 read with Section 6 of the Bihar Public Land Encroachment Act, 1956. It was alleged that the petitioners have encroached forest land on Plot No. 11 of Village Chakla, P.S. Ormanjhi, P.S. No. 32, district Ranchi. The complaint petition was filed by the Director, Bhagwan Birsa Jaiwik Udyan, Ranchi.2. M/s. Vinimay Leasing Finance Pvt. Ltd. through its Director, having received a notice vide Memo No. 1910, dated 23rd May, 1998, moved before this Court in CWJC No. 1886/98(R). In the said case, this Court taking into consideration that the petitioner of the said case claimed right and title in respect of the land, in question, and relied on one or other orders passed by the State authorities and the fact that the respondents in their counter affidavit disputed the right and title of petitioner, vide ord...
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