Court : Jharkhand
Decided on : Jul-09-2008
Reported in : 2008(56)BLJR2447; [2008(4)JCR62(Jhr)]
..... its subordinate executive action.33. i also respectfully endorse the same view. the policy decision is not only a guideline for the government meant to be followed and acted upon, but the same is also a promise to the players, parties and beneficiaries related to such policy decision who plan their venture, shape their future, make ..... or any action contrary to the said provisions, tantamounts to frustrating and causing loss and injury to such enterprises which alter their position, financial or otherwise, acting on such promise given by way of policy decision.35. the government or an agency of the government of a welfare state cannot be allowed to deviate ..... from its policy decision or to act contrary to the said provisions. any such deviation is not fair, equitable, legal and reasonable. such deviation or action contrary thereto being unreasonable offends article 14 .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-08-2008
Reported in : [2008(2)JCR137(Jhr)]
ordernarendra nath tiwari, j.1. petitioner no. 1, bal krishna singh, seeks permission to abandon his prayer in the writ petition, as he has already gone to bihar on mutual cadre allocation and joined as executive engineer.2. prayer .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-22-2008
Reported in : [2008(4)JCR56(Jhr)]
..... 2007 whereby he has refused to set aside the ex parte decree passed in matrimonial suit no. 07 of 2005 filed by the respondent under [section 13 of hindu marriage act.3. from perusal of the impugned order, it transpires that the court below held that notice by ordinary process was sent and was affixed on the door of the house .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-21-2008
Reported in : [2008(4)JCR632(Jhr)]
ORDER1. This writ petition has been filed by the petitioner assailing the order dated 7.9.2007 as contained in An-nexure-4 to this writ petition by which the application of the petitioner seeking deferment of the payment of sales tax for the period from 5.10.2001 to 4.10.2009 was rejected by the Deputy Commissioner of Commercial Taxes. Jamshedpur on the ground that the Division Bench of the High Court of Jharkhand had been pleased to strike down the notification regarding deferment scheme and S.L.P. was filed by the State of Jharkhand in the Hon'ble Supreme Court, which was pending for consideration. Hence, the Deputy Commis sinner as per the existing situation was pleased to reject the application of the petitioner as by that time the Hon'ble Supreme Court had not interfered with Unorder passed by the High Court. It is stated that the Hon'ble Supreme Court, in fact, had already passed an order on 11.9.2007 indicating that the assessee will pay the amount towards arrears of sales tax w...
Tag this Judgment!Court : Jharkhand
Decided on : Oct-22-2008
Reported in : [2009(121)FLR15]
..... fact remains that the petitioners are being paid the minimum wages fixed by the central government/state government under the minimum wages act.10. i have considered the pleadings and the rival contentions raised by the parties. in the instant case, the petitioners were initially the workers of eastern ..... by the mines commissioner, bihar and, thus, in any case, the petitioners are not the employees of jharkhand state mineral development corporation and they are only acting as a care taker on behalf of the state government to manage the koderma mica unit. there is no prayer for absorption/regularization.9. the admitted ..... , bihar, patna, vide its order dated 22nd april, 2000, which is sought to be challenged in this writ petition.5. thereafter, the bihar re-organization act, 2000 came into force with effect from 15th november, 2000 and the establishment of koderma mica mines, including the mines, came under the territorial jurisdiction of the .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-26-2008
Reported in : 2008(56)BLJR1489; [2008(2)JCR501(Jhr)]
..... by the counsel for the petitioner appears to be correct because the order sheet of the conducting officer, contained in annexure-3 as noticed above clearly indicates that he was acting in a preconceived mind to punish the petitioner as per the direction of the deputy commissioner. i further find that the enquiry officer could not have considered the letter of .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-01-2008
Reported in : 2009CriLJ473; [2008(4)JCR236(Jhr)]
..... another; or (c)where an offence is a continuing one. and continues to be committed in more local areas than one, or (d) where it consists of several acts done in different local areas, it may be inquired into or tried by a court having jurisdiction over any of such local areas.section 179 of crpc deals with the ..... poor parents.3. the police after investigation submitted chargesheet for the offence under section 498-a of the indian penal code and sections 3 and 4 of the dowry prohibition act against the father-in-law kashi nath upadhayay (petitioner), shashi bhushan upadhayay (dewar) and the husband tarkeshwar upadhayay accordingly, cognizance of the offence was taken against them pending ..... 2005 corresponding to g.r no. 4835 of 2005 for the offence under sections 498-a of the indian penal code and sections 3 and 4 of the dowry prohibition act, 1961 pending in the court of sdjm, dhanbad wherein, cognizance of the offence was taken on 15.6.2006.2. the prosecution story in short was that the .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-20-2008
Reported in : [2008(119)FLR852]; [2008(4)JCR399(Jhr)]
D.G.R. Patnaik, J.1. Petitioners in this writ application have prayed for quashing the letter No. 822 dated 01.11.2007 issued by the respondent No. 3 under which difficulty allowance (Duruh Allowance) of 15% of the salary has been stopped to those police personnel who are not posted in the police stations and are posted either in the police lines or in the police head quarters.2. Learned Counsel for the petitioners explains that under a notification vide letter dated 25.05.2005 (Annexure-1) issued by the Home Department of the State Government, difficulty allowance was to be paid to all such police personnel posted in such districts which have been declared by the Central Government as naxal affected districts. Pursuant to the aforesaid notification of the Home Department, the respondent No. 4 has issued a direction for payment of difficulty allowance to all the police personnel posted in the district of Lohardaga including those who are posted in the police lines and police headquarte...
Tag this Judgment!Court : Jharkhand
Decided on : Jun-27-2008
Reported in : [2008(3)JCR642(Jhr)]
..... . 1,80,000/- with the simple interest @ 6% per annum till the realization after deducting rs. 50,000/- being the ad interim compensation under section 140 of the m.v. act.5. learned counsel for the appellant assailed the impugned judgment/award on the ground that the specific case of the appellants before the tribunal was that the deceased was working ..... in m.v. claim case no. 94 of 2004 against the inadequate compensation granted to the appellants-claimants by way of final award under section 166 of the m.v. act, 1988.2. the claimants had demanded a sum of rs. 8,00,000/- on the accidental death of prabhat kumar mishra aged about 26 years who was the son of .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-10-2008
Reported in : 2008CriLJ3341
D.K. Sinha, J.1. The petitioners have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for the quashment of the entire criminal prosecution against them in Markacho P.S. Case No. 10 of 2007 corresponding to G.R. No. 31 of 2007 as also for the quashment of the cognizance of the offence taken by the C.J.M., Koderma on 14.8.2007 for the offence under Sections 341/323/325/307/504/34 I.P.C. against the petitioners.2. The prosecution story lies in a narrow compass.3. The informant Sitaram Sao in his written report presented before Markacho police alleged that on the day of reporting i.e. on 15.1.2007 at about 7 a.m. all the seven named accused persons including the petitioner No. 1 Narayan Sao and petitioner No. 3 Miss Sulochana Kumari @ Sulakshna Kumari attacked the inmates after entering in his house. In the same transaction it was alleged that the accused Mahendra Sao inflicted Farsa blow on the wife of the informant as a result of which she fell down after sustai...
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