Jharkhand Court February 2002 Judgments
Mani Chora Das Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Feb-28-2002
Reported in: 2003(51)BLJR873
ORDERVikramaditya Prasad, J. 1. This petition is filed for quashing the order dated 17.2.2001 passed by Sub-Divisional Magistrate. Dhanbad whereby the learned Magistrate has initiated proceeding under Section 145, Cr PC considering the report of the Circle Officer that there was chances of breach of peace. This order is relates to M.P. Case No. 828 of 2000 pending in the Court of S.D.J.M., Dhanbad. 2. Learned Counsel for the petitioner relying on a decision reported in 2001 JLJR 106 SC, submitted that when a title suit with regard to same properties is pending in the civil Court and when prayer for injunction has been refused by the competent Court then this proceeding cannot continue. 3. Learned Counsel for the opposite parties, opposed the contention of the petitioner and submitted that even in face of pendency of a title suit with regard to the same property in a competent Civil Court, if there is apprehension of breach of peace to initiate a proceeding under Section 145, Cr PC can ...
Tag this Judgment!Safir Mian Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Feb-27-2002
Reported in: 2002(50)BLJR1192; 2002CriLJ3284
ORDERVikramaditya Prasad, J.1. Under challenge in this writ application filed under Article 227 of theConstitution is Annexure-1 containing the order of the District Magistrate. Giridih, dated 5.7.2001 whereby and whereunder being satisfied on the report of the S.P. and the annexure contained with the said report, in the interest of public order passed under Section 12(2) of the Bihar Crime Control Order directing that the petitioner will be detained in Giridih jail for three months.2. Grounds on which the said detention order have been challenged are (i) it was wholly unjust, improper, unlawful and without authority, (ii) in violation of the principle of natural justice, (iii) violation of the Articles 20 & 21 of the Constitution, (iv) in the absence of imminent possibility of any disturbance of the public tranquility and in the absence of serious danger at the instance of the petitioner the impugned order could not have been passed, (v) the impugned order is vitiated because it was p...
Tag this Judgment!Pranadhar Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-26-2002
Reported in: [2003(2)JCR572(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ petition has been preferred by petitioner against the order dated 15th June, 2002 whereby respondents have ordered to deduct a sum of Rs. 58,712/- (fifty eight thousands seven hundred twelve only) from his leave salary.2. The petitioner, a Draftsman Grade II of Road Division, Chatra was informed by the Executive Engineer, Road Construction Department, Road Division, Chatra vide memo No. 1313 dated 24th December, 2001 that on completion of 40 years of service in the light of decision of High Court he stands retired w.e.f. 24th December, 2001.3. The petitioner opposed the decision and brought to the notice of the authority that the age of superannuation is 58 years which he will complete on 31st July, 2002.4. Aforesaid stand was not accepted by the respondents who ordered to recover a sum of Rs. 58,712/- (fifty eight thousands seven hundred twelve only) from the leave encashment on the ground that the petitioner worked beyond the period of 40 years ...
Tag this Judgment!Charku Kharia and ors. Vs. the State
Court: Jharkhand
Decided on: Feb-25-2002
Reported in: 2002CriLJ4361
S.J. Mukhopadhaya, J. 1. The five appellants have preferred this appeal against the judgment and order of conviction dated 6.12.1991 passed by learned 1st Additional Sessions Judge, Gumla in Sessions Trial No, 59/91 having found guilty under Section 302/34 of the IPC and sentenced to undergo life imprisonment. The appellant Charku Kharia has also been sentenced to undergo rigorous imprisonment for six months for charges under Section 323 of the IPC.2. The case of prosecution in short as explained by informant, Etwa Kharia that on 3.10,1990, he was sitting in his house in village Dirgaon along with his father, MangraKharia (deceased) and uncles (brother of deceased) Bullu Kharia (PW 5) and Rejwa Kharia (PW 7). In the meantime, Karmu Kharia (PW 6) of his village who is adhbatai of informant and had cultivated some land came and told them to take their share of the produce which was ready after thrashing and as there was a chance to rain. The informant initially refused to go at that time...
Tag this Judgment!Parmu Manjhi and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Feb-25-2002
Reported in: [2003(1)JCR235(Jhr)]
ORDERVikramaditya Prasad, J.1. Heard both sides.2. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceeding including the order dated 16.2.2001 passed by the learned Additional Chief Judicial Magistrate, Barmo at Tenughat, in connection with Complaint Case No. 6 of 2001, now T.R. No. 98 of 2001.3. The short facts leading to this application are that son of Permu Manjhi was killed, his dead body was found and subsequently an FIR was lodged i.e. Chandrapura P.S. Case No. 82 of 2000 dated 19.12.2000 under Sections 302/34/120-B of the Indian Penal Code. Three persons were named as accused, they are Rabat Mahato, his wife and Rabni Devi. It transpires that police after investigation submitted charge sheet in that case in the Court of the learned Chief Judicial Magistrate. The complaint case No. 6 of 2001 filed in the Court A.C.J.M., Bermo at Tenughat by one Rekha Kumari alleging that the accused-persons of the complaint ...
Tag this Judgment!State of Bihar (Now Jharkhand) Vs. Manoj Sahu @ Manoj Prasad Sahu
Court: Jharkhand
Decided on: Feb-23-2002
Reported in: 2002CriLJ2278
Lakshman Uraon, J.1. The sole appellant Manoj Sahu alias Manoj Prasad Sahu has preferred this Criminal Appeal against the judgment and order of convictin and sentence dated 29.8.2000 and 1.9.2000 respectively, passed by the learned Sessions Judge. Gumla in Sessions Trial No. 277 of 1998, whereby and whereunder, he (the appellant) has been convicted under Section 302 of the Indian Penal Code and sentenced to death.2. The prosecution case, as per the fardbeyan of Lila Devi (PW 4), wife of the deceased Ram Briksh Sahu alias Jhagru Sahu, recorded by Sri B.B. Verma, Officer-in-Charge, Sisai Police Station on 14.7.1998 at 12 noon (Ext. 4), is that the husband of the informant. Ram Briksh Sahu alias Jhagru Sahu, had returned from Gumla Market on cycle to his village home, Murgu, Police Station-Sisai at about 9.30 p.m. Her Dewar Manoj Sahu, having a Chaku (knife) in his right had went there and informed Ram Briksh Sahu alias Jhagru Sahu that Bultan Sahu (PW 3) did not obey his order to graze h...
Tag this Judgment!Tata Workers Union Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Feb-22-2002
Reported in: [2002(95)FLR39]; (2002)IIILLJ474Jhar
ORDERM.Y. Eqbal, J.1. Petitioner Tata Workers Union, a registered trade union has moved this Court by filing instant writ application against the order dated 13.8.2001 passed by respondent No. 2, Labour Commissioner-cum-Registrar, Trade Union, Department of Labour, Employment and Training, Jharkhand at Ranchi, whereby he has taken decision to supervise Union election of the petitioner,2. Petitioner Tata Workers union has its own registered Constitution and election rules framed as early as in 1920. The Constitution provides for the composition of the Executive Committee and the members of the said Committee shall be elected by the general body members as per election procedure as drawn by the Executive Committee. The last election of the Executive Committee and the office bearer was held in 1996-97 and the present Executive Committee as formed alongwith the office bearer. It appears that meeting of the Executive Committee of the Union was held on 19.4.2001. The Committee resolved to ho...
Tag this Judgment!Divisional Manager, Oriental Insurance Company Ltd. Vs. Mahendra Kaur ...
Court: Jharkhand
Decided on: Feb-21-2002
Reported in: (2003)IILLJ62Jhar
1. Heard learned counsel for the parties. The present appeal has been filed by insurance company challenging judgment and award, dated September 10, 2001, passed by Deputy Labour Commissioner-cum-Commissioner, Workmen's Compensation, Ranchi, in W.C. Case No. 77 of 2000. According to stamp report, dated January 10, 2002, limitation for fifing appeal expired on November 17, 2001, whereas appeal was filed on November 29, 2001. I.A. No. 329 of 2002 at Flag 'A' has been filed to condone the said delay. We are of the view that delay of about twelve days in filing appeal has properly been explained. Accordingly, we condone the delay in filing the appeal. Thereafter we have heard the appeal on merit.2. Admittedly, Balbir Singh was employed as driver of the truck (B.R.-14G-7912), belonging to Satyadeo Singh. It was insured with Oriental Insurance Company Ltd. On September 20, 1998, while driving the said truck from Khelari to Bachra Colliery, on the way, he along with cleaner, Mukesh Sao and tr...
Tag this Judgment!Sunil Kumar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-21-2002
Reported in: 2002CriLJ2507; II(2002)DMC424
Vikramaditya Prasad, J.1. This writ application under Article 226 of the Constitution has been filed for quashing the order dated 29.3.2001 passed by the learned Addl. Chief Judicial Magistrate, Jamtara, in G.R. Case No. 471 /2000 arising out of Jamtara (Mihijam) P.S. Case No. 193/2000 (S.T. No 348/2001), now pending in the Court of Sessions Judge, Jamtara, whereby and whereunder the application filed by the petitioner under Section 167(2), Cr. P.C. has been rejected.2. Briefly stated, the petitioner is an accused in a case under Sections 304-B, 201/34, I.P.C. He surrendered in the Court below in the aforesaid case on 24.1.2001 and since then he is in jail. The charge-sheet in this case was filed on 21.4.2001 though his 60 days detention in jail had been completed on 26.3.2001. The petitioner had filed an application under Section 167(2), Cr. P.C. for his release on bail on 27.3.201. The matter was heard on 27.3.2001 and 28.3.2001 and on 29.3.2001 the application of the petitioner date...
Tag this Judgment!Oriental Insurance Company Limited Vs. Bipat Oraon and ors.
Court: Jharkhand
Decided on: Feb-20-2002
Reported in: III(2002)ACC46
Gurusharan Sharma, J.1. In the present appeal, the Insurance Company has challenged the impugned award, passed under the previsions of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') and has raised a limited question that insurer was not responsible to indemnify the liability of owner of the vehicle involved in the accident in question.2. Admittedly, on 22.8.1991 the truck (BHN-8207) belonging to Gopi Krishna Rajgarhiya met an accident. One Mahabir Oraon was travelling on the said truck with his vegetables loaded thereon. The said truck dashed against bus (MP-26A-7711), as a result of which Mahabir Oraon sustained injuries and died in course of treatment at Ghaghra Hospital.3. It was proved that accident took place for the fault of driver of truck and, therefore, its owner was liable to pay a sum of Rs. 1,50,000/- as compensation to the sole claimant, who was widow of the deceased.4. Annual dependency was fixed at Rs. 12,000/- and 17 multiplier was applied thereto, ...
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