Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Central Coalfield Limited – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. basis of royalty demand questioned (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. failure to properly consider objections (Para 12 , 13 , 14 , 15) |
| 3. maintainability consideration of writ petition (Para 24 , 25 , 26 , 27 , 28) |
| 4. importance of adjudication of disputed facts (Para 33 , 34 , 39 , 40 , 41) |
| 5. order quashed, matter referred back (Para 44 , 45 , 46 , 47) |
JUDGMENT :
Sujit Narayan Prasad, J.:
Prayer:
1. For issuance of an appropriate writ, order, order(s) or direction for quashing the order dated 16.09.2010 passed in Certificate Case No. 25 of 2008-09 whereby and whereunder the objection filed by the petitioner under Section 9 of the Bihar and Orissa (Public Demand Recovery) Act has been rejected and the petitioner has been directed to make payment of the entire demand amount along with interest.
Factual Aspect
2. The petitioner company is mainly engaged in the business of mining of coal for the purpose thereof they have acquired several mines including the coal mines at Dhori Area. On 22.8.2003 an inspection was conducted by the District Mines Officer along with Mines Inspector and in presence of Mines Superintendent cum Manager, Dhori (Khas) and other officials
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
