Jharkhand Court January 2002 Judgments
Baleshwar Mahto Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jan-31-2002
Reported in: 2002(50)BLJR687; 2002CriLJ2275
S.J. Mukhopadhaya and Lakshman Uraon, JJ.1. This appeal has been preferred by appellant Baleshwar Mahto against the judgment and order of conviction dated 15th February, 1991, passed in Sessions Trial No. 272 of 1986. whereby and whereunder, Sri Shyama Prasad Singh, learned 1st Additional Sessions Judge. Hazaribagh, has convicted the appellant under Section 302 of the Indian Penal Code for committing murder of deceased Pokhan Bhuiyan and sentenced him to undergo rigorous imprisonment for life.2. The informant Birchha Bhuiyan, who is PW 9 in this case, lodged an information on 7th April. 1981, at about 7.00 p.m. with the local police, alleging therein, that his younger brother Pokhan Bhuiyan (deceased) has gone to collect Mahuwa at Ahariya Garha of Village-Chengra, at 8.00 a.m. on that very day. At about 9.00 a.m. when he went to serve meal to his brother, he could not find him (deceased) or any other person there and on search, he found the dead body of his deceased brother hanging on ...
Tag this Judgment!Golmoy Banra and ors. Vs. Amrit Lal K. Rathore and ors.
Court: Jharkhand
Decided on: Jan-31-2002
Reported in: 2003ACJ1540
Gurusharan Sharma and Hari Shankar Prasad, JJ. 1. In Compensation Case No. 8 of 1994, in exercise of powers under Section 166 of the Motor Vehicles Act, 1988, the Tribunal assessed a sum of Rs. 75,000 payable to the claimants as compensation.2. Admittedly, Nand Lal Banra, aged about 23 years, died on 30.11.1994 at the spot, when he was dashed by a bus (BRS 343). It was found that accident took place for the fault of driver of the said bus, which was insured with the New India Assurance Co. Ltd. at the relevant time.3. The deceased at the time of accident was a student of B.A. Part III, Political Science (Hons.) Class in Tata College at Chaibasa. His father in his deposition as AW 1 stated that besides his studies, the deceased was earning at least a sum of Rs. 1,500 per month from private tuition and out, of his earnings he used to give Rs. 1,200 per month to him for family expenses. One of the students, who was being taught by the deceased was examined as AW 2. He stated that he was p...
Tag this Judgment!Colmoy Bapra and ors. Vs. Amrit Lal K. Rathore and ors.
Court: Jharkhand
Decided on: Jan-31-2002
Reported in: II(2002)ACC270
Gurusharan Sharma, J.1. In Compensation Case No. 8 of 1994, in exercise of powers under Section 166 of the Motor Vehicles Act, 1988, the Tribunal assessed a sum of Rs. 75,000/- payable to the claimants as compensation.2. Admittedly, Nandraj Bapra, aged about 23 years, died on 30.11.1994 at the spot, when be was dashed by a bus (BRS 343). It was found that accident took place for the fault of driver of the said bus, which was insured with the New India Assurance Company Ltd. at the relevant time.3. The deceased at the time of accident was a student of B.A. Part III Political Science (Hons.) Class in Tata College at Chaibasa. His father in his deposition as A.W. 1 stated that besides his studies, deceased was earning atleast a sum of Rs. 1,500/- per month from private tution and out of his earnings he used to pay Rs. 1,200/- per month to him for family expenses. One of the students, who was being taught by the deceased was examined as A.W. 2. He stated that he was paying private tution f...
Tag this Judgment!Most. Rina Devi and ors. Vs. Chandra Deo Singh and ors.
Court: Jharkhand
Decided on: Jan-30-2002
Reported in: I(2003)ACC37; 2003ACJ1176
ORDERThe Court 1. Admittedly, Bijay Kumar Pandey, son of Mathura Pandey of village Jhantiya in the district of Aurangabad died in a motor accident on 16.3.1991 on Ranchi-Patna road, near Loha Gate within the district of Hazaribagh. The deceased was travelling in a bus (BHB 6901), which turned turtle and fell down into a ditch by the sideof pitch road. In the said accident Bijay Kumar Pandey sustained serious injuries and died on spot. 2. It was established that the accident took place due to rash and negligent drive of the bus. The deceased was 22 year's old and was a student of B.A. class. It is said that he was earning at least Rs. 1,000/- per month by private tuition. The tribunal assessed Rs. 72,000/- payable as compensation. 3. In course of deposition, widow of deceased, namely, claimant No. 1 (A.W. 1) stated in her cross-examination that her husband used to give her Rs. 600/- per month, out of his earnings. 4. We find that this part of her evidence was overlooked by the Tribunal ...
Tag this Judgment!Mamta Kumari Vs. Bihar School Examination Board and ors.
Court: Jharkhand
Decided on: Jan-30-2002
Reported in: 2002(50)BLJR663
ORDERTapen Sen, J. 1. Heard. 2. In this case the petitioner has made a prayer, inter alia, for a direction upon the respondent to provide mark-sheet and certificate and also for issuance of an appropriate writ for quashing the order dated 29.06.2000 as contained in annexure-7 to the writ application whereby and where under the Deputy Secretary, Bihar School Examination Board, Patna (Respondent No. 2) directed the Head Mistress, Project Girls' High School, Kuru, not to issue any certificate against students whose names had been marked with the remark 'withheld'. The petitioner, Mamta Kumari, has stated that she appeared as a private candidate through Project Girls' High School, Kuru in the Annual Secondary Examination, 2000. She has also stated that prior to her appearance in the said examination, she had deposited the requisite fees for her registration and that she had been registered by the Examination Board vide an-nexure-4 and was given Registration No. 0131/014/02079/99. The petit...
Tag this Judgment!Bishwanath Singh and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jan-29-2002
Reported in: 2002CriLJ2504
ORDERThe Court 1. Report has been filed by Shri Nilesh Kumar, Advocate in pursuance of the Court's order dated 23rd January, 2002. Alongwith the Report, Shri Nilesh Kumar has annexed a copy of the communication dated 22nd January, 2002, from the Medical Superintendent, RINPAS, Kanke, Ranchi, addressed to the Divisional Commissioner, South Chota-nagpur, Ranchi, enclosing also therewith a list of 48 Inmates of the Institution (RINPAS) and informing the Divisional Commissioner, South Chotanagpur, Ranchi. that these 48 persons are now mentally fit for being discharged from this Institution.2. This case was filed as Public Interest Matter after this Court received a Postcard from eight Inmates of RINPAS alleging that despite their having now been declared medically fit, they are being kept un-authorisedly and illegally in the aforesaid Lunatic Asylum and are not being discharged. Having treated the aforesaid Postcard as Public Interest Litigation (PIL) we requested Mr. Nilesh Kumar, Advocat...
Tag this Judgment!National Insurance Company Ltd. Vs. Bishun Sao and anr.
Court: Jharkhand
Decided on: Jan-29-2002
Reported in: I(2003)ACC299; II(2003)ACC652
1. Bishun Sao, son of late Hira Sao of Chatra filed Workmen Compensation Case No. 21 of 1992 for compensation under the provisions of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act').2. He was employed as driver of the bus (BR-2H-5893), owned by one Dineshwar Sharma of Gaya. On 5.1.1992, while on duty, he sustained injury, when another bus known as 'Ranjan Bus' dashed his bus. On account of aforesaid injury his left femur-bone got fractured and he became permanently disable.3. According to Medical Certificate of doctor he became incapable of working and lost his efficiency to work to the extent of 60%.4. The claimant's monthly wage was Rs. 1650/- and according to doctor's report he was 30 years old at the time of accident.5. In the claim case, both owner of bus (BR-2H-5893) as well as its insurer, namely. National Insurance Company were impleaded as parties.6. The, owner of bus appeared, but neither filed written statement nor contested the case.7. The Insura...
Tag this Judgment!Indiana Engineering Works (Bombay) Pvt. Ltd. Vs. Chairman, Coal India ...
Court: Jharkhand
Decided on: Jan-25-2002
Reported in: AIR2003Jhar15; 2003(1)ARBLR443(Jhar)
ORDERV.K. Gupta, C.J.1. In this petition filed under Section 11(6) of the Arbitration and Conciliation Act. 1996, the petitioner relies upon clause of the General Terms and Conditions of the Agreement between the parties and submits that Clause 26 being the Arbitration Agreement between the parties. I should exercise my Jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996 (Act, in short) and appoint a suitable person as Arbitrator to adjudicate upon the disputes between the parties. To appreciate the contours of the controversy between the parties and the scope of the relief claimed in this application, it shall be advantageous to have a look at the Arbitration Agreement as existing between the parties. Clause 26 being this Arbitration Agreement reads thus :--'In case of any dispute or difference between the parties as to the construction, effect or application of these presents of any term or provision thereof or as to the amount or extent of any liability he...
Tag this Judgment!Hari Shanker Vs. Gobind Parshad Jagdish Parshad and ors.
Court: Jharkhand
Decided on: Jan-25-2002
Reported in: 2002(3)BLJR1795
ORDER 1. SLP (C) 2166-2168/2001 : Heard Mr. Dushyant Dave, learned senior counsel on behalf of the appellant and Dr. A.M. Singhvi, learned senior counsel on behalf of respondent No. 1. 2. Leave is granted.3. These appeals are directed against the judgment and order of the High Court in C.M. Nos. 722-724 of 2000 in S.A.O. No. 365 of 1987 passed by the High Court of Delhi at New Delhi.4. The appellant is a tenant of premises Nos. H-18 and 19. Gobind Mansion. Connaught Circus, New Delhi of which the first respondent is the landlord. On 18th January. 1985, the appellant suffered an order of eviction from the additional rent controller on the ground that he sub-let the premises, a ground available to the first respondent, the landlord to seek eviction under Section 14(1)(b) of Delhi Rent Control Act. The appellant carried the matter in appeal before the rent control tribunal. The tribunal, by its order dated 22nd July, 1987, reversed the order of the additional rent controller and allowed t...
Tag this Judgment!Sarimoni Mahto Vs. Amulya Mahto and anr.
Court: Jharkhand
Decided on: Jan-24-2002
Reported in: 2002CriLJ3271
ORDERV.K. Gupta, C.J.1. This Criminal Revision petition is directed against the judgment dated 14th August. 2001 passed by the learned 1st Addl. Sessions Judge. Seraikella in S.Tr. Case No. 20 of 1997 whereby he has acquitted the respondent No. 1 of the charge under Section 376. IPC by holding him not guilty for the same.2. The charge under Section 376. IPC on which the respondent No. 1 was tried related to and revolved around PW 1, the alleged so-called victim. According to her, respondent No. 1 who was her co-villager used to come to her house off and on whenever she was alone in the last 1 1/2 years. It was her case that the respondent No. 1 used to assure her that he would marry her and based on this assurance he established illicit sexual relationship with PW 1 repeatedly for long periods due to which she became pregnant. It has also come in her deposition that while respondent No. 1 used to have sexual intercourse with her and when she had become pregnant, she came to learn that ...
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