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State of Jharkhand and ors. Vs. Muzaffar Hussain

Court : Jharkhand

Reported in : [2006(2)JCR478(Jhr)]

..... once age of superannuation is prescribed, in absence of rule contrary to the same like completion of service, years of service, no regular employee can be retired prior to attaining the age of superannuation, except in the case of misconduct or in public interest.6. .....

Sri Bhawani Prasad Srivastava @ Bhawani Lal and ors. Vs. State of Biha ...

Court : Jharkhand

Reported in : [2007(4)JCR225(Jhr)]

..... . in my opinion, where the facts alleged constitute penal offence, criminal liability can very well be maintained, even though, a civil liability also arises against the accused on the same set of facts.9 .....

Kanhaiya Prasad Singh Vs. State of Jharkhand and Director General of P ...

Court : Jharkhand

Reported in : 2008(57)BLJR64; 2009CriLJ1016

..... the sessions trial in abeyance on the ground that the charge sheet has now, been submitted, cognizance has already been taken and the case has been committed to the court of sessions and the same is fixed for hearing on the point of charge and, therefore, the trial court had no jurisdiction to stay the trial of the case.8. mr. ..... in view of the discussions and findings above, i hold that the learned sessions judge has rightly refused to stay the sessions trial or to keep the same in abeyance till the c.i.d. ..... completes the investigation.accordingly, having found no merit in this application, the same is hereby dismissed.

Tata Iron and Steel Company Ltd. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2006(4)JCR502(Jhr)]

..... the high court in its writ jurisdiction can entertain a writ petition and may quash the reference if it is shown that no industrial dispute or apprehended industrial dispute existed, so as to give jurisdiction to the industrial tribunal to adjudicate the same and this fact can very well be examined by the high court in its writ jurisdiction under article 226 of the constitution of india.10. ..... it goes without saying that the parties are at liberty to raise all the points before the labour court at the stage of hearing and the labour court would certainly consider the same and decide the reference in accordance with law without any unnecessary delay.19. ..... since the points involved in both the writ petitions are the same and similar, with the consent of the parties both the writ petitions were taken up together and, as such are being disposed of by this common judgment.2. ..... in view of the discussions and findings above, neither it is necessary nor it is desirable to go into the other points raised by the parties at this stage and the same is left open for the labour court to decide.17. w.p. (1) no. ..... 1 of 2005 is pending before the industrial tribunal, ranchi, the facts and points raised in this writ petition are more and less same and similar and the learned counsel appearing for the respective parties adopted the same argument as advance in w.p. (1) no. ..... the same view has been reiterated by the supreme court in the case of secretary indian tea association v. .....

Laxman Balmuchu Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2008(4)JCR152(Jhr)]

..... if such a representation is filed by the petitioner within the said period, the home secretary, government of jharkhand, ranchi, shall consider the claim of the petitioner and decide the same by an appropriate reasoned order in accordance with law within a period of eight weeks from the date of filing of such representation by the petitioner. ..... in the counter affidavit, the facts stated in the writ petition has not been disputed but at the same time it is stated that since no provision has been made in the government's order/circular, i.e. ..... of village sailjora and 'joridar munda' namely sriniwas mahto of village berhampur, are being paid the monthly honorarium but for the reasons best known to the respondents, the petitioner is not being paid the same.7. .....

Felix Tamba Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : AIR2009Jhar1; [2008(4)JCR542(Jhr)]

..... years for a bhugut bundha mortgage of a holding is too short to enable the raiyat to pay off to a registered co-operative society the principal and interest of a loan made to him by the society on such a mortgage, and at the same time to maintain himself from the produce of the holding of which he is retained in possession under the mortgagee, and we have accordingly extended the maximum period in such a case from seven to fifteen years.there is evidence ..... wherein it is stated that in the light of the provisions of the chota nagpur tenancy act, 1908 as well as the impugned circular issued by the government of jharkhand, respondents-banks have been strictly following the same and are not al-lowing any loan to the members of the schedule tribe against mortgage of their lands except providing housing loan to the staff belonging to the tribal community.5. at the outset, i would like ..... revenue. kanhaiya singh, j observed therefore that the policy of the legislature in enacting section 46 of the chota nagpur tenancy act was, more or less, the same, namely to secure to the tenants inhabiting the area to which the act applied their rights in their occupancy holding and to protect them from the avaricious money-lenders: and with due ..... ex-proprietor shall become a tenant with a right of occupancy in his sir lands and in the land which he had cultivated continuously for twelve years at the date of the transfer and shall be entitled to hold the same at a rent determined in the manner laid down .....

Vinod Kumar Varman and anr. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2009(57)BLJR651; [2009(1)JCR407(Jhr)]

..... 153 dated 9.5.2008, it was communicated to the petitioners that upon enquiry, it was revealed that ram pratap varman and his two sons, namely the petitioners, lived jointly in mess and residence in the same house and therefore they being members of same joint family, are not entitled to possess three separate licences, and on such ground, the licences issued to the petitioners were cancelled by the impugned order issued by the respondent no .2.6. ..... the report of the enquiry (annexure b) confirms that the petitioners are living in the same house and they have a joint mess and it was also detected thereby that the affidavit submitted by the petitioner no. ..... 1 and their father constitute the members of the same joint family. ..... upon receipt of the report and considering the same, the respondent no. ..... . the same ratio applies to the facts of the present case also.17 .....

Sri Kamleshwar Pandey and ors. Vs. State of Jharkhand and ors.

Court : Jharkhand

..... leave petition under article 136 of the constitution of india, which is at annexure-3 to the present petition shall also be supplied to all the aforesaid officers by the chief secretary of the state of jharkhand alongwith this order so that same type of matters can be avoided and the citizens can be benefited by the aforesaid decisions.7. registry of this court is directed to send a copy of this order to the chief secretary of the state of jharkhand .....

Zahid HussaIn and ors. Vs. State of Jharkhand, Commissioner-cum-secret ...

Court : Jharkhand

..... . it does appear that the facts of the present case are one and the same as in the case of bhubneswar mahto (supra) and therefore the ratio decided in bhubneswar mahto's case squarely applies to the facts of the present case .....

Tapas Kumar Paul Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2009(57)BLJR927

..... the petitioner being prompted, had filed his representation once again before the concerned authorities of the respondents demanding the same benefit and privilege in the matter of his promotion to the higher post. ..... 2, shall dispose of the same by considering as to whether the same benefits as extended to the other officers namely tripurari kumar and mahesh kumar das could be given to the petitioner and pass a reasoned and speaking order and shall also communicate the same effectively to the petitioner.10. .....