Jharkhand Court December 2000 Judgments
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Sheo Prakash Vs. State of Bihar
Court: Jharkhand
Decided on: Dec-20-2000
Reported in: 2001(49)BLJR970; 2001CriLJ1110
Deoki Nandan Prasad, J. 1. This criminal appeal is directed against the judgment of conviction and order of sentence dated 7-1-1992 passed by Shri Ishwari Prasad, Special Judge, C.B.I., Ranchi, in R.C. 1 of 1988 (Tr. No. 33 of 1992) by which the learned Judge convicted the appellant under Section 409 of the Indian Penal Code and Section 13(1)(c) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act') and sentenced him to undergo rigorous imprisonment for three years under Section 409 of the Indian Penal Code and to pay a fine of Rs. 5,000/- and in default to undergo simple imprisonment for one year and further stentenced him to undergo rigorous imprisonment for three years under Section 13(1)(c) of the Act, Both the sentences have been ordered to run concurrently.2. The case of the prosecution in brief as stated in that on confidential information it was learnt that Shri H.N. Sen, Accounts Officer and Shri Shiv Prakash, Cashier of the National Institute of Foun...
Balaswamy Akala Vs. Union of India and ors.
Court: Jharkhand
Decided on: Dec-20-2000
Reported in: 2001(49)BLJR422
ORDERM.Y. Eqbal J. 1. Heard learned counsel for the petitioner and learned counsel appearing for the Union of India. 2. In this writ application the petitioner, inter alia, prayed for the following reliefs :-- 'That by the instant Writ Application, the petitioner above-named prays for the issuance of appropriate writs/orders/direction commanding upon the respondent Nos. 1, 2 and 3 to give effect to the recommendation for appointment of the petitioner to the post of Chairman, Coal India Limited which they have been illegally refusing, though the petitioner stood selected as No. 1 in the select panel and got cleared from the CVC as on the relevant date 1.10.2000, wherein aforesaid respondents have in a mala fide, discriminatory and arbitrary manner appointed respondent No. 4 for the post of Chairman-cum-Managing Director, Coal India Limited with effect from 1.10.2000, though he was never considered for selection, or been named anywhere in the select panel nor the appropriate authorities ...
Sharwan Vishwakarma Vs. State of Bihar
Court: Jharkhand
Decided on: Dec-20-2000
Reported in: 2001(49)BLJR977; 2001CriLJ3578
D.N. Prasad, J. 1. This Criminal Appeal is directed against the judgment of conviction and sentence passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'), whereby the learned Judge convicted the appellant under Section 20 of the Act and sentenced him to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs. 1,00,000/- in default of which he shall have to undergo further rigorous imprisonment of two-and-half years. 2. The case of the prosecution in brief is that on 9.8.1994, the informant. Bishwanath Singh, Hawaldar, while moving on patrolling duty near the market, he found one person named Sharwan Vishwakarma coming from house of one Ramkrishna. He called the appellant, who tried to flee away and thereafter, the informant chased and caught him. From the pocket of the accused/appellant, on search found one small packet of news- paper containing powder like Heroin. He also found one Panama Cigarette...
Santosh Singh Vs. the Commissioner of Income Tax, Ranchi and ors.
Court: Jharkhand
Decided on: Dec-19-2000
Reported in: 2001(49)BLJR656
Vinod Kumar Gupta, C.J. 1. By this common judgment, we propose to dispose of the two identical writ petitions analogously, because these relate to the same subject matter and transaction. 2. Broadly speaking, two questions arise for consideration in these two writ petitions. Firstly, as to whether the Revenue was right in appropriating to itself temporarily the amount of Rs. 6 lakh seized by it during the search carried out at the premises of the petitioner until an order in terms of Section 132(5) of the Income Tax Act, 1961 was passed and, secondly, whether the search and seizure as ordered in terms of Section 132(1)(c) of the Act and the consequential orders passed under Section 132(5) of the Act by the Assessing Officer and the appellate order passed by the Commissioner under Section 132(12) of the Act were correct or not? 3. Briefly stated, the facts giving rise to these writ petitions are that the Revenue after obtaining some information about the petitioner having undisclosed in...
Mineral Area Development Authority Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Dec-19-2000
Reported in: 2001(49)BLJR710; [2001(88)FLR893]; (2001)ILLJ1375Jhar
Vinod Kumar Gupta, C.J. 1. This appeal under Clause 10 of the Letters Patent is directed against the judgment dated 17th July, 1997 passed by a learned Single Judge of this Court in C.W.J.C. No. 2396 of 1994 (R), whereby the writ petition filed by the petitioner-appellant against an order passed by the controlling authority under the Payment of Gratuity Act 1972 was dismissed with costs assessed at Rs. 5,000/-. 2. The brief facts giving rise to the filing of the present appeal are that the petitioner-appellant, Mineral Area Development Authority (Authority for short) challenged before the learned Single Judge an order passed by the controlling authority under the Payment of Gratuity Act, 1972 on various grounds. The respondent No. 3, Shri Shyam Sundar Sahu, was an employee of the petitioner-appellant, and he had applied under Rule 10 of the Payment of Gratuity (Bihar) Rules, 1972, for payment of gratuity and based on such an application filed by respondent No. 3 the controlling authori...
Bachu Singh Vs. State
Court: Jharkhand
Decided on: Dec-19-2000
Reported in: 2001(49)BLJR975
D.N. Prasad, J. 1. This criminal appeal is directed against the order of conviction passed in Narcotic Case No. 7/94 by the Special Judge, NDPS Act, Palamau at Daltonganj, whereby and whereunder, the learned Judge convicted and sentenced the appellant to undergo RI for three years and also sentence to a fine of Rs. 50,000/- and in case of default to suffer further rigorous imprisonment of one year under Section 20(A)(i) of the NDPS Act. 2. The case of the prosecution in brief is that the official of Excise Department raided the house of the appellant and seized two plants of ganja from the courtyard of the appellant which was yielded 500 grams. Accordingly, the seizure-list was prepared and thereafter, the prosecution report was submitted under Section 47(b) of the Excise Act. 3. The appellant appeared in the Court below and the charge was framed under Section 20 of the NDPS Act which was read over and explained to him to which he pleaded not guilty. Witnesses were examined in the tria...
Santosh Singh Vs. Commissioner of Income-tax and ors.
Court: Jharkhand
Decided on: Dec-19-2000
Reported in: [2001]248ITR532(Jharkhand)
ORDER UNDER SECTION 132(1)(B)Revenue appropriated amount lying in petitioner's bank account after its seizureCatch Note:The revenue , after obtaining some information about the petitioner having undisclosed income and not paying tax under the Income Tax Act, 1961, carried out the search and in the course of search found an amount of rupees six lakhs lying in the account of the petitioner, which he was maintaining in the Bank--In terms of section 132(1) of the Act, it ordered seizure of the aforesaid amount as was discovered during the search operation carried out at the premises of the petitioner and the bank, because the revenue suspected that the aforesaid amount was the undisclosed income of the petitioner--It is under these circumstances that the seizure of the amount was ordered in terms of section 132(1)(b)(iii) of the Act--Later the Income Tax Department asked the bank to make over the aforesaid amount of rupees six lakhs to the Income Tax Department and in compliance of the pan...
State of Bihar Vs. Surendra Singh Rautela Alias Bengali
Court: Jharkhand
Decided on: Dec-18-2000
Reported in: 2001(49)BLJR78; 2001CriLJ1650
M.Y. Eqbal, J. 1. Reference has been made by the 5th Additional Judicial Commissioner, Ranchi under Section 366 of the Code of Criminal Procedure for confirmation of death sentence of the convict Surendra Singh Rautela alias Surendra Singh Bengali, whereas the said convict filed Criminal Appeal No. 115/2000 (R) for setting aide the judgment and order and another convict Md. Anis filed Criminal Appeal No. 130/2000 (R) for setting aside the judgment and order passed by the said Court. The appellant-State of Bihar also filed Govt. Appeal No. 17/2000 (R) under Section 377(3) of the Code of Criminal Procedure for enhancement of punishment of life imprisonment of the convict Md. Anis to death penalty. All these cases have been heard together and are being disposed of by this judgment. 2. Appellant Surendra Singh Rautela alias Surendra Singh Bengali has been convicted for the offence under Section 302 of the Indian Penal Code andalso under Section 307 of the Indian Penal Code and is sentenced...
Madhvendra Singh Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Dec-15-2000
Reported in: 2001(49)BLJR209; 2001CriLJ1114
D.N. Prasad, J.1. Both the cases heard together as they arisen out of the same FIR being Dhanbad (Saraidhela) PS. Case No. 788 of 1998 under Section 7 of the Essential Commodities Act and are being disposed of by this common judgment.2. Both the applications under Article 226 of the Constitution of India and under Section 482 of the Code of Criminal Procedure have been filed by the petitioners/accused persons for quashing the entire criminal proceedings initiated against the petitioners as well as for quashing the order dated 6.1.1999 passed by the learned Special Judge, Dhanbad in E.C. Act in connection with Saraidhela P.S. Case No. 788 of 1998, whereby the learned Judge took cognizance under Section 7 of the Essential Commodities Act.3. The brief case of the prosecution as stated that on 28.8.1998, the Petrol Pump of M/s. Sunil Services Petrol Pump, Saraidhela was inspected by the raiding party in pursuance of the direction of the SDO Dhanbad. It was detected that the stock and price...
Naurangi Mahto and 4 ors. Vs. State
Court: Jharkhand
Decided on: Dec-15-2000
Reported in: 2001(49)BLJR988; 2001CriLJ1525
D.N. Fraud, J. 1. This criminal revision application is directed against the judgment, dated 6.10.1997 passed in Cr. Appeal No. 140 of 1987 by the 5th Additional Sessions Judge, Giridih, whereby he affirmed the judgment of conviction and order of sentence, dated 16.9.1987 passed in S.T. No. 40 of 1985 bythe 1st Assistant Sessions Judge. Giridih, whereby the petitioner No. 2, namely. Kaushal Mahto was convicted under Section 307 of the Indian Penal Code and sentenced to undergo RI for 5 years while the other rest accused persons including one Sundar Mahto (since dead) were convicted under Sections 307/149 of the Indian Penal Code and sentenced to undergo RI for 5 years. 2. The prosecution case in brief as alleged that on 24.11.1984 at about 4.30 p.m., while the informant Sukhdeo Gope was returning from CCL after performing his duty to his house, he saw the petitioners taking bundle of paddy crops on bullock-cart towards their village Tikodih and at that time accused Kaushal Mahto armed ...
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