Court : Jharkhand
..... these facts are not properly appreciated by this court while dismissing the letters patent appeal and, hence, this civil review application has been preferred.4. ..... the name of this petitioner was deleted from the roll of kuju colliery on 23rd/25th november, 1991 because the age of this petitioner was 10 years as on 1 st april, 1987. ..... the second was that there was a patent illegality in permitting the appellant to question, in a single writ petition, settlement made in favour of different respondents. ..... it appears that the letters patent appeal preferred by this petitioner was dismissed by this court considering all the aforesaid aspects of the matter. ..... it would not become a patent error or error apparent in view of the settled legal position indicated by us earlier. ..... a review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected, but lies only for patent error. ..... a review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected, but lies only for patent error. 5 8. ..... of the division bench dealing with the review proceedings clearly shows that it has overstepped its jurisdiction under order 47, rule 1 cpc by merely styling the reasoning adopted by the earlier division bench as suffering from a patent error. ..... all these facts have been considered by this court while dismissing the letters patent appeal. .....
Tag this Judgment!Court : Jharkhand
..... having heard learned counsels for both the sides and looking to the facts and circumstances of the case, we see no reasons to entertain this letters patent appeal mainly for the following facts and reasons: (i) this appellant is original petitioner who applied for the post of constable (general duty) in the border security force in pursuance of the public advertisement dated 2 nd october, ..... , looking to appointment letter of this appellant dated 9th january, 2001, which is at annexure 2 to the memo of this letters patent appeal, this appellant was appointed as a constable (general duty) in the border security force. ..... a cumulative effect of the aforesaid facts and reasons, we see no reasons to entertain this letters patent appeal as no error has been committed by the learned single while dismissing w.p. ..... advertisement dated 2nd october, 2000 was for the post of constable (general duty) and looking to his appointment letter also which is dated 9th january, 2001 (annexure 2 to the memo of this letters patent appeal) he was appointed as a constable in border security force. ..... no.3767 of 2015 before this court and the said writ petition was dismissed vide order dated 21st november, 2016 and hence, this letters patent appeal has been preferred by the original petitioner. 6. ..... aspect of the matter has been properly appreciated by the learned single judge while dismissing the writ petition preferred by this appellant and hence this letters patent appeal may not be entertained by this court. .....
Tag this Judgment!Court : Jharkhand
in the high court of jharkhand at ranchi w.p. ( cr.) no. 399 of 2017 --- sunita kumari ( minor) represented through smt. debjani kumhar ( mother), wife of sri bharat kumhar, resident of ho no. c/61, baridih basti, p.o. baridih, p.s. baridih colony, district-east singhbhum, jamshedpur. .....petitioner versus 1. the state of jharkhand.2. the chief secretary, govt. of jharkhand, project building, dhurwa, p.o. & p.s. dhurwa, district-ranchi.3. the home secretary, govt of jharkhand, project building, dhurwa, p.o. & p.s. dhurwa, district-ranchi.4. the additional chief secretary, department of health, medical education and family welfare, govt of jharkhand, nepal house, p.o. & p.s. doranda, district-ranchi.5. the deputy commissioner, east singhbhum, jamshedpur, p.o. & p.s. jamshedpur, district-east singhbhum, jamshedpur. ......respondents --- coram : hon'ble mr. justice rongon mukhopadhyay --- for the petitioner : mr. ram subhag singh, advocate for the state : mr. r.r. mishra, g.p. ii --- 04/15.10.2017 heard the parties. the petitioner, who is a victim, of rape has filed this writ petition for a direction upon the respondents to take proper action for termination of the pregnancy of the petitioner. a further direction has been sought for to give care and protection to the petitioner as the incident of rape and her subsequently becoming pregnant has already caused severe physical and mental trauma upon her. this court on 13.10.2017 had directed the management of mahatma gandhi .....
Tag this Judgment!Court : Jharkhand
..... as such, there is no necessity of continuing with this letters patent appeal, which is accordingly, dismissed. .....
Tag this Judgment!Court : Jharkhand
..... and the three-judge bench in radhey shyam has clearly stated that jurisdiction under article 227 is distinct from jurisdiction under article 226 of the constitution and, therefore, a letters patent appeal or an intra-court appeal in respect of an order passed by the learned single judge dealing with an order arising out of a proceeding from a civil court would not lie ..... hence, the learned single judge has exercised the power under article 227 of the constitution of india and hence also, this letters patent appeal is not tenable at law.4) as a cumulative effect of the aforesaid facts, reasons and judicial pronouncement, there is no substance in this letters patent appeal and the same is, therefore, dismissed with a cost of rs.10,000/- which will be paid by the appellants to the respondents within ..... depend upon the nature, contour and character of the order and it will be the obligation of the division bench hearing the letters patent appeal to discern and decide whether the order has been passed by the learned single judge in exercise of jurisdiction under article 226 or ..... article 227 of the constitution of india and, hence, in view of the aforesaid decision, this letters patent appeal is not maintainable at law.3) having heard learned counsel for the respondents and looking to the facts and circumstances of the case, we see no reason to entertain -2- this letters patent appeal mainly for the following facts and reasons: - (i) original landlord nagia devi of the property in .....
Tag this Judgment!Court : Jharkhand
..... judge by a the judgment and order dated 31st october, 2014, whereby, the order of termination of the services of this appellant has been upheld and, hence, the original petitioner has preferred the present letters patent appeal.5) having heard learned counsels for both sides and looking to the facts and circumstances of the case, it appears that an advertisement was issued by the jharkhand public service commission (herein after referred to as 'jpsc ..... appellant.8) immediately these facts were noticed by the respondents-state and the services of this appellant (original petitioner) was terminated vide order dated 25th august, 2004, which is at annexure 8 to the memo of this letters patent appeal.9) it further appears from the jharkhand primary teachers appointment rules, 2002 amended as on 6th march, 2003, that this appellant (original petitioner) was entitled to be appointed as a physical trained teacher. ..... (emphasis supplied)14) in view of the aforesaid decisions, there is no substance in this letters patent appeal and we see no reason to take any other view than what is taken by the learned single judge. ..... no.761 of 20154) this letters patent appeal has been preferred by the original petitioner when his writ petition being w.p. ..... this letters patent appeal is, therefore, dismissed. (d. n. .....
Tag this Judgment!Court : Jharkhand
..... judge by a the judgment and order dated 31st october, 2014, whereby, the order of termination of the services of this appellant has been upheld and, hence, the original petitioner has preferred the present letters patent appeal.5) having heard learned counsels for both sides and looking to the facts and circumstances of the case, it appears that an advertisement was issued by the jharkhand public service commission (herein after referred to as 'jpsc ..... appellant.8) immediately these facts were noticed by the respondents-state and the services of this appellant (original petitioner) was terminated vide order dated 25th august, 2004, which is at annexure 9 to the memo of this letters patent appeal.9) it further appears from the jharkhand primary teachers appointment rules, 2002 amended as on 6th march, 2003, that this appellant (original petitioner) was entitled to be appointed as a physical trained teacher. ..... (emphasis supplied)14) in view of the aforesaid decisions, there is no substance in this letters patent appeal and we see no reason to take any other view than what is taken by the learned single judge. ..... no.768 of 20154) this letters patent appeal has been preferred by the original petitioner when his writ petition being w.p. ..... this letters patent appeal is, therefore, dismissed. (d. n. .....
Tag this Judgment!Court : Jharkhand
..... have not been considered in its right perspective by the learned single judge as well as by the lpa court, learned counsel submitted that in spite of the fact that the writ applications and the letters patent appeal have been decided by this court and the s.l.as. ..... 6777-6779 of 2013 as annexure-3 to the letters patent appeal, the present appellant has again sought to challenge the earlier judgments passed by this court, in the writ applications and the earlier lpas, whereby the untrained teachers, after getting the ..... court dismissed all those three letters patent appeals, by judgment dated 6th november 2012, which has been brought on record as annexure-b to the counter affidavit filed on behalf of the ..... 2194 of 2013, out of which this letters patent appeal arises, rather he was granted leave to pursue this appeal by order dated 12.5.2014 passed ..... it may be stated that three letters patent appeals were filed by the state of jharkhand before this court against the orders passed in the writ applications filed by the teachers, who were untrained at the ..... there is no merit in this letters patent appeal or both these writ applications and the same are accordingly, dismissed. ..... the appellant in the letters patent appeal was not a party to the writ ..... all these letters patent appeals were decided by common judgment dated 6th november 2012, by a division bench of this court, in which, this court took note of the circular dated 25.6.1999 issued by the finance department, government of .....
Tag this Judgment!Court : Jharkhand
..... have not been considered in its right perspective by the learned single judge as well as by the lpa court, learned counsel submitted that in spite of the fact that the writ applications and the letters patent appeal have been decided by this court and the s.l.as. ..... 6777-6779 of 2013 as annexure-3 to the letters patent appeal, the present appellant has again sought to challenge the earlier judgments passed by this court, in the writ applications and the earlier lpas, whereby the untrained teachers, after getting the ..... court dismissed all those three letters patent appeals, by judgment dated 6th november 2012, which has been brought on record as annexure-b to the counter affidavit filed on behalf of the ..... 2194 of 2013, out of which this letters patent appeal arises, rather he was granted leave to pursue this appeal by order dated 12.5.2014 passed ..... it may be stated that three letters patent appeals were filed by the state of jharkhand before this court against the orders passed in the writ applications filed by the teachers, who were untrained at the ..... there is no merit in this letters patent appeal or both these writ applications and the same are accordingly, dismissed. ..... the appellant in the letters patent appeal was not a party to the writ ..... all these letters patent appeals were decided by common judgment dated 6th november 2012, by a division bench of this court, in which, this court took note of the circular dated 25.6.1999 issued by the finance department, government of .....
Tag this Judgment!Court : Jharkhand
..... have not been considered in its right perspective by the learned single judge as well as by the lpa court, learned counsel submitted that in spite of the fact that the writ applications and the letters patent appeal have been decided by this court and the s.l.as. ..... 6777-6779 of 2013 as annexure-3 to the letters patent appeal, the present appellant has again sought to challenge the earlier judgments passed by this court, in the writ applications and the earlier lpas, whereby the untrained teachers, after getting the ..... court dismissed all those three letters patent appeals, by judgment dated 6th november 2012, which has been brought on record as annexure-b to the counter affidavit filed on behalf of the ..... 2194 of 2013, out of which this letters patent appeal arises, rather he was granted leave to pursue this appeal by order dated 12.5.2014 passed ..... it may be stated that three letters patent appeals were filed by the state of jharkhand before this court against the orders passed in the writ applications filed by the teachers, who were untrained at the ..... there is no merit in this letters patent appeal or both these writ applications and the same are accordingly, dismissed. ..... the appellant in the letters patent appeal was not a party to the writ ..... all these letters patent appeals were decided by common judgment dated 6th november 2012, by a division bench of this court, in which, this court took note of the circular dated 25.6.1999 issued by the finance department, government of .....
Tag this Judgment!