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Jharkhand Court December 2000 Judgments

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Dec 14 2000

Shyam Sunder Ram Vs. State and ors.

Court: Jharkhand

Decided on: Dec-14-2000

Reported in: 2001(49)BLJR7; 2001CriLJ3835

D.N. Prasad, J.1. This Criminal revision is directed against the judgment dated 6-10.1997 passed by the learned Sessions Judge, Giridih in Criminal Appeal No. 45/95 by which the learned Sessions Judge, Set-aside the conviction of the Opposite Parties Nos. 2 to 5.2. The prosecution case in brief is that on 16.3.1990 at about 11 a.m. One Shyamsnnder Ram/Petitioner along with his nephew Jai Prakash Ram while had been for cutting a branch of Jackfruit Tree, the opposite parties Nos. 2 to 5 arrived there and started abusing them and threatened with dire consequences. The opposite party No. 2 Girja Debi pelted stone upon the petitioner, which hit him causing injury. The opposiie party Nos. 2 to 5 also started assaulting the petitioner with fist and slaps. It is further alleged that opposite party No. 4 Nand Lal Vishkarma took away a sum of Rs. 200/- in cash which was kept in the pocket of the petitioner. On hullah, the villagers rush to the spot, thereafter the opposite parties Nos. 2 to 5/-...


Dec 14 2000

Kunj Bihari Singh and anr. Vs. State and anr.

Court: Jharkhand

Decided on: Dec-14-2000

Reported in: 2001(49)BLJR39

D.N. Prasad, J.1. This Criminal revision is directed against the judgment and order dated 6.9.1996 passed by 4th Additional Judicial Commissioner, Ranchi in Cr. Appeal No. 37/94 dismissing the appeal with modification in sentence after converting the conviction under Section 307, IFC to under Section 325, IPC and the petitioner No. 1 was directed to undergo R.I. for two years under Section 325, IPC whereas the petitioner No. 2 was directed to be released on executing a bond of Rs. 2000/- with two sureties of the like amount each for keeping peace and maintaining for a period of three years under Section 4 of Probation of Offender Act. The appellate court further directed both the petitioners to pay a sum of Rs. 2000/- each separate which was paid to the victim Kailash Prasad in addition to fine or to suffer S.I. for one year in default.2. One Smt. Lakhshwari Devi gave fardbeyan before the police alleging therein that on 7.5.1991 at about 10.30 a.m. the accused Gunu Devi petitioner No. ...


Dec 14 2000

Chatur Sao and ors. Vs. State and anr.

Court: Jharkhand

Decided on: Dec-14-2000

Reported in: 2001(49)BLJR20

D.N. Prasad, J.1. This Criminal Revision is directed against the order dated 19.6.1997 by which the learned Judicial Magistrate framed charge underSections 406/506/448/341/34 and 504 of the Indian Penal Code.2. The short facts giving rise to this application is that the informant has got a grossry shop at Bherno from where petitioner No. 1 used to obtain commodities on credit and a sum of Rs. 3549/- was due and the said amount was repeatedly demanded by the informant but the petitioner No. 1 was not paying the same. It is further alleged that the petitioner No. 1 came in front of the shop of the informant when the son of the informant demanded the dues and thereafter the petitioner No. 1 become angry and used filthy language and started assaulting, petitioner No. 2 to 6 who are the sons of the petitioner No. 1 also came there and started assaulting the informant and his son. It is further alleged that the accused-persons also threatened to set fire the jeep of the informant. Accordingl...


Dec 11 2000

Employers in Relation to Management of Giridih Collieries of Ccl Vs. t ...

Court: Jharkhand

Decided on: Dec-11-2000

Reported in: [2001(88)FLR901]; (2001)IILLJ129Jhar

M.Y. Eqbal, J. 1. In this writ application the petitioner/Management of M/S. Central Coalfields Ltd. has challengedthe Award dated 27th October, 1995 passed by Presiding Officer, Central Government Industrial Tribunal No. 2 at Dhanbad in Reference Case No. 41 of 1987 whereby the tribunal held that the action of the Management in denying appointment of Md. Suleman in place of his father Md. Rasool is illegal and unjustified and further directed the petitioner to give appointment with effect from January, 1987 and to pay 25% of the salary. The Government of India, Ministry of Labour in exercise of the power conferred on them under Section 10(1)(4) of the Industrial Disputes Act, 1947 has referred the following disputed to the tribunal for adjudication : 'Whether the action of the Management of Giridih Colliery of C.C. Ltd., P.O. Beniadih, Distt. Giridth in denying appointment to Shri Mohd. Suleman after his father was given voluntary retirement by the Management is legal and justified If...


Dec 11 2000

M.N. Purty and ors. Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Dec-11-2000

Reported in: 2001(49)BLJR996

ORDERM.Y. Eqbal, J. 1. Heard Mr. R.S. Mazumdar, learned counsel for the petitioners and the learned Government Pleader No. 1. In this writ application 4he peti-tioners seek issuance of appropriate writ for quashing the letter dated 31.8.2000 as contained in Annexure 2 series issued by respondent No. 5, TISCO Adivasi Cooperative Society Ltd., whereby the petitioners have been stopped from working with effect from 1.9.2000. 2. Petitioners' case is that they were time to time appointed as Assistants/ Senior, Assistants/Office, Assistants by respondent No. 5, TISCO Adivasi Cooperative Society Ltd. It is stated that the credit department of the Society was engaged in providing loan to shareholders besides providing savings bank and other facilities. The business department of the Society is engaged in transport business as stone crusher and printing press, On 14.7.2000 a voluntary retirement scheme was introduced by the Society for its employees which was modified on 14.8.2000. Petitioners ...


Dec 01 2000

Abdul Sattar and 5 ors. Vs. State of Bihar and anr.

Court: Jharkhand

Decided on: Dec-01-2000

Reported in: 2001(49)BLJR615; 2001CriLJ557

ORDERDeoki Nandan Prasad, J.1. This criminal revision application is directed against the order dated 30.9.2000 passed by the Sessions Judge, Giridih in Misc. Petition No. 6/2000, arising out of complaint case No. 1116 of 1999, whereby and whereunder the learned Sessions Judge cancelled the bail of the petitioners which was earlier granted by the Judicial Magistrate, 1st Class, Giridih vide his order dated 25.7.2000 and 26.7.2000.2. The short facts giving rise to this revision are that the opposite party No. 2 filed a complaint case No. 1116/99, in the Court of learned Chief Judicial Magistrate, Giridih against the petitioners and others for the offence under Sections 147, 450, 120B, 504, 506, 295A and 380 of the Indian Penal Code. It is alleged that the opposite party No. 2 is a Secretary of Tanzim-a-Sufia Ashram situated in Mohalla Baxidih, Giridih and the said Ashram is conducted by local Guru, namely, Sufi Baba Shah Kalader. It is further alleged that the accused persons/petitioner...


Dec 01 2000

Lakhan Shukla @ Ram Lakhan Shukla and 6 ors. Vs. State of Bihar and an ...

Court: Jharkhand

Decided on: Dec-01-2000

Reported in: 2001(49)BLJR633

D.N. Prasad. J.1. This Criminal Revision is directed against the Judgment, dated 20.9.1996 passed by the Sessions Judge. Palamau in Cr. Appeal No. 99 of 1995 by which he set-aside the conviction and sentence passed against the accused Lakhan Shukla, Mahinder Shukla and Anuj Shukla underSection 494 of the Indian Penal Code but maintained their conviction and sentence passed by the trial Court against all the petitioners under Section 498A of the Indian Penal Code.2. The case of the prosecution In brief as stated that one Subhadra Devi was married with petitioner Anil Shukla in the year 1983 and out of the said wedlock a female child was born In the year 1985. The marital relationship between the couple was not happy soon after the marriage and Subhadra Devi was being subjected to cruelty and torture by her husband and her in-laws as they were demanding a sum of Rs. 10,000/- in addition a motor-cycle and due to non- fulfilment of the demand she was being tortured by the petitioners.3. Ac...


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