Jharkhand Court July 2001 Judgments
Md. Jalil Alias Jali Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-11-2001
Reported in: 2001(49)BLJR1814
ORDERS.J. Mukhopadhya, J. 1. This application relates to the properly being doublestoreyed building, standing on Plot No. 62 Khata No. 24, situated in Village-Karha, Police Station Sadar. District Hazaribagh. The petitioner, who claims to have right and title over the property, in question, prays for a direction on respondents to restore his possession with entire articles and the property, with further prayer to direct the respondents not to interfere with the peaceful possession of the petitioner.2. The main grievance of the petitioner is that respondent No. 2, Anchal Adhikari, Hazaribagh, respondent No. 3 Officer-in-charge, Sadar. Hazaribagh and respondent No. 4. Circle Officer, Hazaribagh Anchal. Hazaribagh, without any jurisdiction, illegally evicted the petitioner from the building premises and threw away the belongings of the family members. It is alleged that such action on the part of the State authorities is arbitrary, that too at the stage when a dispute between the two priv...
Tag this Judgment!Sajit Barla and ors. Vs. State
Court: Jharkhand
Decided on: Jul-11-2001
Reported in: 2001(3)BLJR2075
Deoki Nandan Prasad, J.1. This Criminal appeal is directed against the judgment and conviction dated 24th and 25th November, 1995 passed by the Additional Sessions Judge, Gumla in Sessions Trial No. 77 of 1989 whereby and whereunder the learned Sessions Judge convicted the appellants under Section 395 of the Indian Penal Code and sentenced to undergo imprisonment for seven years. Further, the appellant No. 2 Cristopher Barla alias Cristopher Kharia and appellant No. 3, Andherias Kerketta have been convicted under Section 412 of the Indian Penal Code and sentenced to undergo R.I. for seven years further and also sentenced to pay a fine of Rs. 200/-each and in default to undergo R.I. for two years. However, all the sentences ordered to run concurrently.2. The case of the prosecution in brief as stated that the informant along with others were returning on 18-5-1988 from the village Hat on bicycle and when they reached near Dhunsera river they saw six unknown boys and they intercepted the...
Tag this Judgment!Jadu Oraon Vs. State
Court: Jharkhand
Decided on: Jul-11-2001
Reported in: 2001(3)BLJR2080
Deoki Nandan Prasad, J.1. The sole appellant preferred this appeal against the judgment of conviction and sentence dated 12-11-1998 passed in ST. No. 685 of 1995 by Shri Rakesh Ranjan Verma, 5th Additional Judicial Commissioner, Ranchi whereby and whereunder the learned Additional Judicial Commissioner convicted the appellant for the offence under Sections 363/376 of the Indian Penal Code and sentenced him to undergo R.I. for three years for the offence under Section 363, I.P.C. and for a period of 10 years for the offence under Section 376 of the I.P.C. However, the sentences are ordered to run concurrently.2. The prosecution case in brief as stated is that the minor girl of the informant father namely Sushila Kumari was kidnapped by the appellant. The informant started searching his daughter at many places but she could not be treated. The villager Gander Oraon has been the appellant taking away Sushila Kumari towards western side of the village. On the basis of the written report su...
Tag this Judgment!Continental Transport and Construction Company Ltd. Through One of Its ...
Court: Jharkhand
Decided on: Jul-10-2001
Reported in: 2001(49)BLJR2173; 2001CriLJ4596
Deoki Nandan Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the criminal proceeding initiated against the petitioner in connection with Case No. RC 2(A)/96(D) including the Order dated 11.2.2000 passed by the Special Judge. CBI Dhanbad, whereby and whereunder he took cognizance for an offence under Section 120B and 420 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.2. 'The short facts giving rise to this application that the First Information Report was lodged alleging therein that during the period 1992-94 the accused-persons including the petitioner entered into a criminal conspiracy and in pursuance of the same the then Senior Manager, Vijya Bank, Shri Rat nakar Megde dishonestly and fraudulently, by abusing the official position, allowed credit facilities to the Directors of M/s. Continental Transport and Construction Company. It is further alleged that the Bank...
Tag this Judgment!Bharat Lal Agrawal Vs. Shanta Roy and ors.
Court: Jharkhand
Decided on: Jul-10-2001
Reported in: II(2001)ACC640
ORDERDeoki Nandan Prasad, J.1. This Misc. Appeal is directed against the judgment and award dated 30.7.1991 passed by 3rd Additional Judicial Commissioner. Ranchi-cum-Motor Vehicles Act Tribunal, Ranchi in Compensation Case No. 36 of 1989 whereby and whereunder the learned Judicial Commissioner awarded a sum of Rs. 20,500/- with interest @ 12 per annum from the date of filing of claim application.2. The short facts giving rise to this appeal are that on 14.12.1988 the applicant was going on a scooter from Ashok Nagar to Doranda and in the way near Band More a car bearing registration No. BHV 6055 coming rashly and negligently from A.G. More side and dashed the scooter of the applicantcausing a serious multiple injuries. Doranda PS Case No. 544 of 1988 was registered against the driver of the said car. The applicant suffered mental agony and remained under complete bed rest as well as huge amount over the treatment was spended. Even after discharge from the hospital, he remained bed res...
Tag this Judgment!Jai Shankar Bhagat Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-09-2001
Reported in: 2001(49)BLJR1658
ORDER1. In this writ application the petitioner has prayed for quashing the office order dated 27.3.2001 issued by respondent No. 3, Secretary, Department of Agriculture, Co-operative and Sugarcane Development, Govt. of Jharkhand, Ranchi whereby the petitioner has been directed to go back to the State of Bihar as there is no post of Joint Director, Agriculture-cum-Controller, weight and Measures in the State of Jharkhand.2. The petitioner who is a permanent resident of the district of Gumla within the State of Jharkhand, was serving as Joint Director, Agriculture-cum-Controller, Weights and Measures, Agriculture Deptt. Patna in the erstwhile State of Bihar. The Central Government, in purported exercise of powers under Section 72(1) of the Bihar Re-Organisation Act, 2000, issued a list of officers of various departments including Agriculture department and directed them to discharge their duties in such capacity in the State of Jharkhand and they shall continue to workas such in the Sta...
Tag this Judgment!Usha MartIn Industries Ltd., Jamshedpur Vs. the Presiding Officer, Lab ...
Court: Jharkhand
Decided on: Jul-09-2001
Reported in: [2002(92)FLR269]
ORDERS.J. Mukhopadhaya, J.1. This application has been preferred by petitioner, M/s. Usha Martin Industries Limited, against the Award dated 21.10.2000, pronounced on 8.3.2001, in Reference Case No. 24 of 1996, whereby and whereunder, the order of transfer in respect to workman, Shri A.K. Jha, has been declared to be not proper and unjustified by the learned Presiding Officer, who further held that the workman is entitled to be posted at local unit of the management with back wages consequential benefits.2. The brief fact of the case shows that the workman. Sri A.K. Jha, was appointed as Commercial Trainee in Usha Martin Black Limited (now known as Usha Martin Industries Limited) on 2.4.1979 and was posted at Jamshedpur, where he Joined on 1.5.1979. He was confirmed on 1.5.1980 and transferred from Personnel Department to Security Department on 26.11.1982, which followed subsequent order to transfer made on 30.1.1986 to Purchase Department.In January, 1996, impugned order of transfer w...
Tag this Judgment!Mecon Employees Union Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-09-2001
Reported in: [2002(92)FLR275]
ORDERS.J. Mukhopadhaya, J.1. As both the cases relate to election of Office Bearers of Mecon Employees Union (Hqrs.), they were heard together and are being disposed of by the common order.2. C.W.J.C. No. 1769 of 2001 has been preferred by Mecon Employees Union through its President, H. Sumbroy, wherein it has challenged the letter dated 25th April, 2001 issued by the Additional Commission-cum-Additional Registrar, Trade Unions, Jharkhand, whereby and whereunder, he stayed the election of Mecon Employees Union. It has also challenged the letter dated 27th April, 2000 issued by the same Officer, whereby and whereunder, the Chairman-cum-ManagingDirector, Mecon Ltd. has been asked- to forward the list of permanent non-executive employees for early election of the Union.3. Shri Jagdish Ram of W.P. (L) No. 2354 of 2001 has challenged the order dated 25th May, 2001 passed by Labour Commissioner-cum-Registrar, Trade Unions, Jharkhand circulated vide Memo No. 624 dated 1st June, 2001, whereby ...
Tag this Judgment!Johan Kujur Vs. State of Bihar
Court: Jharkhand
Decided on: Jul-09-2001
Reported in: 2001(49)BLJR2078
Deoki Nandan Prasad, J.1. The criminal appeal is directed against the judgment dated 22.11.1995 passed by the Special Judge (B.C. Act) Ranchi, in Khelari P.S. Case No. 67 of 1983 (T.R. No. 139 of 1985) whereby and whereunder, the learned Judge convicted the appellant under Section 7 of the Essential Commodities Act (hereinafter referred to as 'the E.C. Act') and sentenced him to undergo rigorus imprisonment for three months.2. The prosecution case, as stated, is that the informant Nand Lal Ojha, the Security Guard, on 2.10.1983 while on duty checked Truck No. BRN 7641 and found several other articles with five bags of Cement. It was doubted that the Cement was carrying illegally, for which paper was required but the appellant failed to produce any kind of paper in respect of Cement and, as such, the first information report was lodged against the appellant for the offences under Section 7 of the E.C. Act and Section 414 of the Indian Penal Code. The informant being PW 1 was examined an...
Tag this Judgment!Sheo Shakti Cement Industries-ii Vs. Bihar State Electricity Board and ...
Court: Jharkhand
Decided on: Jul-04-2001
Reported in: 2001(49)BLJR1804
M.Y. Eqbal, J.1. In this writ application the petitioner has prayed for issuance of an appropriate direction upon the respondents not to levy any charge for the period 5.2.2000 to 12.5.2000 during which period his electric line was disconnected by the Board and also for quashing the bill for the month of May, 2000 so far as it relates to maximum demand charges.2. Petitioner is a High Tension consumer having contract demand of 1067 KVA, Petitioner's case is that earlier it had a contract demand of 900 KVA but because o the capacity of the transformer installed in the factory premises of the petitioner the contract demand was increased. It appears that on 17.9.1999 a routine inspection was made in the factory premises of the petitioner and themeter was paper sealed on that day by the inspecting team. A second inspection was also made one week thereafter i.e. on 23.7.1999 and it was found that during the period between 17.3.1999 to 28.7.1999 the consumption was 54,602 units. The responden...
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