Jharkhand Court January 2001 Judgments
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Surendra Kumar Keshri Alias Tuluwa, Etc. Vs. State of Bihar
Court: Jharkhand
Decided on: Jan-17-2001
Reported in: 2001(2)BLJR985
Deoki Nandan Prasad, J.1. This appeal has been filed against the judgment of conviction and sentence dated 15-9-1993 passed by Shri Chiranjee Singh, 6th Additional Sessions Judge, Dhanbad, in Sessions Trial No. 293 of 1983 by which the appellant No. 2 Nand Kishore Keshri was convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and under Section 427 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months and also under Section 147 of the Indian Penal Code to undergo rigorous imprisonment for one year whereas under Section 3 of the Explosive Substances Act and sentenced to undergo rigorous imprisonment for two years; whereas the appellant No. 3 Shyam Sunder Keshri alias Shyam Kishore Keshri was convicted under Sections 147/427 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year under Section 147 of the Indian Penal Code and six months' rigorous imprisonment under...
Jagdish Sao and anr. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jan-16-2001
Reported in: 2001(49)BLJR1006
S.J. Mukhopadhaya, J. 1. This writ petition has been preferred by Jagdish Sao and Rameshwar Ram against notice, dated 5th December, 1992, as also the order, dated 7th August, 1980 passed by the respondont. Land Reforms Deputy Collector (LRDC) in Hazaribagh Case Nos. 1/75-76; 2/78-79; 1/76-77 and 1/79-80 under Section 4(h) of the Bihar Land Reforms Act, 1950 (BLR Act).2. By original order, dated 7th August, 1980, the respondent-LRDC held that the lands in question were settled by ex-landlord after the date of vesting, also observed that the settlement was made with a view to obtaining higher compen-sation for defeating the provisions of the BLR Act. The petitioners having intimated of the decision, vide impugned notice, dated 5th December, 1992 (An-nexures 6 and 6/a), challenged both the notices and the common order, dated 7th August, 1980.3. As the case can be disposed of on short point, it is not necessary to discuss all the facts, except the relevant one.4. According to the petitione...
Abhai Kumar Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-16-2001
Reported in: 2001(49)BLJR1250
ORDERM.Y. Eqbal, J.1. In this writ application the petitioner prays for issuance of appropriate writ for quashing the settlement of Balu Ghats of Ranchi District made in favour of respondent No. 3, namely, Jharkhand (Bihar) State Mining Development Corporation for the period 1.1.2001 to 31.12.2001 and further for direction to the respondent No. 2 to settle the same with the petitioner who stood as highest bidder in the auction held on 19.12.2000.2. Petitioner's case is that on 28.11.2000 by the order of the Deputy Commissioner, a notice was advertised in the newspaper for auction of Balu Ghats of Ranchi District. A copy of the notice dated 28.11.2000 and the advertisement published in the newspaper have been annexed as Annexures 1 and 2 to the writ application. One of the condition in the aforesaid notification was that if the bidders desire to take the auction of all the Balu Ghats of Ranchi District collectively, then all units of Balu Ghats lying under the Ranchi District shall be a...
Masonic Lodge Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-16-2001
Reported in: 2001(49)BLJR1246
ORDERM.Y. Eqbal, J.1. Heard Mr. P.K. Prasad, learned counsel for the petitioner and Mr. M.S. Anwar, learned Govt. Pleader No. 1 for the respondents and with their consent this application is disposed of at this stage.Reference may be made to the order dated 10.1.2001 passed in this application which reads as under :--'No counter affidavit has been filed by the respondents. Learned G.P. 1 is not in a position to satisfy this Court as to under what authority of law the Administration has put a lock in the premises. G.P. 1 prays for three days more time to file counter affidavit. Put up this case on 15.1.2001 within first five cases. It is made clear that if it is found that the action of the Administration is highly arbitrary and illegal then appropriate order for payment of compensation shall also be passed against them.' 2. In this writ application the petitioner has challenged the authority of the respondents, namely, the District Administration of Dhanbad who have forcibly taken poss...
Jitendra Nath Mangia Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Jan-16-2001
Reported in: 2001(49)BLJR979; 2001CriLJ1602
ORDERD.N. Prasad J.1. Heard the learned counsel for the petitioner, learned counsel for the CBI as well as the State on the application under Section 5 of the Limitation Act at flag 'X' and also on the main application and with their consent, the whole matter is being disposed of on merit.2. This Revision application has been filed against the Judgment of conviction and sentence passed by the Special Judicial Magistrate. CBI Ranchi in RC Case No. 10/1978 by which the learned Magistrate convicted the petitioner for the offence under Section 120B. IPC and sentenced him to undergo Rigorous Imprisonment for six months and fine of Rs. 1,000/- and in default three months Rigorous Imprisonment under Section 120B read with Section 420. IPC and further he sentenced under Section 120B for a period to undergo Simple Imprisonment for three months.3. The case was registered against the petitioner and others for committing cheating and forgery in respect of submission of forged bills and drawing a s...
Binod Bihari Rajwar Vs. State of Bihar
Court: Jharkhand
Decided on: Jan-15-2001
Reported in: 2001(49)BLJR994; 2001CriLJ2726
D.N. Prasad, J.1. This application has been filed on behalf of the petitioner to quash the order, dated 2.12.1997 passed by the learned Sub-Divisional Judicial Magistrate, Giridih, in T.R. No. 2343/97 (G.R. No. 87/93), whereby and whereunder, he has rejected the application under Section 239 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for discharge.2. The petitioner while posted as Branch Manager of the Bank of India at Raj Dhanwar Branch lodged First Infor-imation Report alleging therein that the accused Himanshu Shekhar Prasad removed drafts from the Bank and also had drawn a sum of Rs. 2,50,800/- by submitting fake draft. It is also alleged that an attempt was made to draw a sum of Rs. 1,80,500/- through forged drafts which could be detected at Delhi Office. It is also alleged that the drafts bearing No. 050015 to 050016, Leaf No. 050015 was converted into a fake draft for Rs.1,00,500/- and Leaf No. 050016 was converted into fake draft of Rs. 80,000 and...
Md. Allam Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-15-2001
Reported in: 2001(49)BLJR1243
ORDERM.Y. Eqbal, J.1. Heard Mr. A.K, Sinha, learned senior counsel for the petitioner and Mr. S.B. Gadodia, learned counsel for the respondents.2. In this writ application the petitioner has prayed for quashing the notification contained in memo No. 60 dated 21.12.2000 issued by the State Government whereby the service of the petitioner has been taken back from Mineral Area Development Authority and has been handed over to parent department with immediate effect. A copy of the said notification has been annexed as Annexure 5 to the writ application.3. It appears that respondent No. 4, the Managing Director, Mineral Area Development Authority made a requisition to the Urban Development Department for posting an Engineer as 'Techni-cal Member' in the said Mineral Area Development Authority and on the basis of the said requisition and recommendation of the State Government the services of the petitioner was handed over to Urban Development Department for his posting as Superintending Engi...
Binod Kumar Vs. Ranchi Kshetriya GramIn Bank and ors.
Court: Jharkhand
Decided on: Jan-10-2001
Reported in: 2001(49)BLJR1057
S.J. Mukhopadhaya, J. 1. Thepetitioner, a clerk cum cashier appointed wasnot granted promotion to the post of FieldSupervisor though juniors including respondent Nos. 3 to 7. were promoted by notification No, 1990 - Promotion-1/dated 20thNovember, 1990 w.e.f. 19th November, 1990.He challenged the aforesaid notification dated20th November. 1990 alleging violation ofguidelines 'of seniority cum merit'. 2. The present writ application on its admission remained pending. In the meantime, in another similar writ petition the principle of 'seniority cum merit' was decided. Against the decision of learned Single Judge LPA Nos. 208 and 209 of 1991 (R) were preferred, which were referred to a Full Bench. A Full Bench of Patna High Court by its decision in Ranchi Kshetriya Gramin Bank and Ors. v. D.P. Singh @ Dina Nath Prasad Singh, as reported in 2000 (1) PLJR 251. held that in the case of 'Seniority cum Merit', greater emphasis to be given on seniority, though it alone can not create any right ...
Lucy Hansda and ors. with Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jan-05-2001
Reported in: 2001(49)BLJR747
S.J. Mukhopadhaya, J. 1. Both the cases relate to holding examination of B.Ed. Degree course, the Colleges having recognised by the National Council for Teachers Education ('Council', for short). Common point being involved.they were heard together and are being disposed of by this common judgment. 2. The petitioners Lucy Hansda and others in CWJC No. 1142 of 2000 are students of B.Ed. Degree course in Ursuline Women's Teachers Training College, Lohardaga. They have completed their courses of study in the Sessions 1996-97, 97-98; and 98-99, but the respondent-Ranchi University having failed to announce the date of examination/having not held the examination, the present writ petitions have been preferred. 3. Similar prayer has been made by Lucy Jayanti Tirkey and others, the B.Ed. students of 'Loyola College of Education, Jamshedpur'. They have also completed their courses of study in the Sessions 1996-97; 97-98; 98-99; and 99-2000. It is the Ranchi University which is alleged to have ...
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