Jharkhand Court February 2002 Judgments
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Murli Manohar Jaiswal and anr. Vs. Rajesh Vishwakarma and anr.
Court: Jharkhand
Decided on: Feb-19-2002
Reported in: I(2003)ACC162; 2004ACJ1259
1. On 3.7.1991. Vijaya Kumar Jaiswal, son of Murli Manohar Jais-wal, appellant No. 1 was travelling on a truck (UHH-444) from Chandwa to Rajrappa. The said truck was hired for carrying furniture and other goods for the marriage of his friend's sister. He was sitting on the roof of cabin of truck. On the way, the said truck met an accident on account of rash and negligent drive in high speed, wherein cabin of truck dashed against a branch of tree causing grevious injuries on his head. On the way to hospital, he died.2. His parents filed claim application under Section 166 of the Motor Vehicles Act, 1988 for compensation. At the time of accident, deceased was 21 years' old and was student of B.A. Class.3. The Tribunal assessed total amount of compensation at Rs. 2,56,128/-.4. In view of the fact that deceased was travelling on roof of the cabin of truck in question, it was held that there was contributory negligence on the part of deceased also. He had taken risk by traveling on roof of ...
inder Mohan Menon @ Indra Mohan Menon Vs. National Insurance Company a ...
Court: Jharkhand
Decided on: Feb-19-2002
Reported in: I(2003)ACC43
ORDER1. Heard. Perused lower Court records.2. Dumper No. BHM-9696 belonged to M/S. B.K. Traders. Dhanbad and Indra Mohan Menon was proprietor thereof. On 22.2.2000 the said dumper met an accident wherein one Anand Prasad Gupta aged about 35 years lost his life.3. Father, widow and children of the deceased filed claim application under Motor Vehicles Act. 1988 and tribunal in the impugned judgment and award, passed under Section 166 of the Act. assessed total amount of Rs. 1.30.000/- to be paid to them as compensation.4. In F.I.R. Exhibit-1 registered on the basis of Jardbeyan, Exhibit-2, in respect of accident, name of driver was not disclosed, however, in the charge-sheet, Exhibit-3 police mentioned name of driver as Ranjit Rawani son of Bhuneshwar Prasad Rawani of village Loyabad, P.O. & P.S. Bansjora. Dis-trict-Dhanbad.5. In the claim case, owner of vehicle appeared and filed written statment, wherein it was claimed that at the time of accident dumper was driven by driver, who had v...
Shivam Coke (P) Ltd. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Feb-19-2002
Reported in: [2002]126STC436(Jharkh)
ORDER1. Heard. The point of controversy involved in this case is indeed very short and simple. Almost all the factual aspects of the controversy forming subject matter of the writ petition are also admitted. 2. The petitioner M/s. Shivam Coke (P) Ltd. is, admittedly, a dealer within the scope and ambit of the Bihar Finance Act, 1981. Admittedly also, under Section 7 of this Act, the State Government is empowered to grant exemption from payment of sales tax on purchase of raw materials. Undoubtedly, a notification under the aforesaid Section 7 of the Act was issued on 22.9.1995 vide S.O. No. 478 whereby, subject to the terms and conditions contained therein, it was provided that the dealers whose production started between 1995-2000 were entitled to grant of exemption from payment of sales tax on purchase of raw materials. It is also an undisputed case of the parties that the petitioner comes within the scope and ambit of this notification and was entitled to grant of exemption having a...
Sunil Kumar Gupta Vs. Kunti Gupta
Court: Jharkhand
Decided on: Feb-19-2002
Reported in: AIR2003Jhar42; I(2003)DMC553
ORDER1. On 7-3-1987, Sunil Kumar Gupta, appellant herein was married with Kunti Gupta, respondent therein according to Hindu Religious rites and thereafter they lived together as husband and wife and oh 27-7-1989 a daughter was born out of their wed-lock.2. On 9-12-1993 husband filed Title (Matrimonial) Suit No. 97 of 1993 against his wife before the District Judge, Dhanbad for divorce under Section 15 of the Hindu Marriage Act, 1955.3. According to husband after few days of her stay his wife started mis-behaving with his parents instead of proper respect to them. She was in the habit of not preforming any household duty whenever she was requested to do by her mother-in-law. She refused to wash clothes and utensils and to sweep the floor and prepare food.4. After six months of stay in matrimonial home, she started insisting to go to her father's place at Gaya. She was suffering from skin disease from before her marriage and Gaya Doctor had advised her to continue treatment. For that pu...
Raju Pandey Alias Rajeshwar Pandey Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Feb-19-2002
Reported in: 2002CriLJ2316
ORDERVikramaditya Prasad, J.1. This writ application under Article 226 of the Constitution of India has been filed for commanding the respondent No. 2 to release the petitioner forthwith on the basis of release order dated 31-10-2001 passed by the learned Chief Judicial Magistrate, Ranchi, in connection with Doranda (A) P.S. Case No. 181 of 2001.2. It appears that the petitioner was an accused in the aforesaid case and he was granted ball by this Court in B.A. No. 7767 of 2001 vide order dated 17-10-2001. Consequently the release order was sent to the Jail Authority I.e. Birsa Munda Jail, Ranchi, for his release from the Jail and that release order was Issued on 31-10-2001, The Superintendent of Jail, (respodnent No. 2) insplte of release order did not release the petitioner from the Jail on the ground that the petitioner was required to be produced in another case being Sadar (Town) DaltonganJ P.S. Case No. 177 of 2001. Then it appears that Chief Judicial Magistrate, Palamau at Dalton...
Bishwanath Pandey Vs. Anjana Devi
Court: Jharkhand
Decided on: Feb-19-2002
Reported in: II(2002)DMC397
Gurusharan Sharma, J.1. In March, 1980, Bishwanath Pandey, the appellant was married with the respondent, Anjana Devi. They lived together and cohabited as husband and wife at Sindri, where the husband was working as Pump Driver in Public Health Engineering Department, Sindri BIT.2. According to husband, his wife left her quarter on 2.1.1992 and went to her father's house without informing him and without any reasonable and probable cause and without his consent and thereafter deserted him for all intents and purposes for more than two years.3. The husband filed a suit under Section 10 of the Hindu Marriage Act, 1955 against the wife for a decree of judicial separation. It was claimed that many times he had gone to his father-in-law to bring his wife but she persistently refused to come and reside with him. It was alleged that she was living with some persons of questionable character which caused mental tension to him and it was no longer possible to live with her any more. The wife t...
Smt. Snehlata and ors. Vs. Raj Kishor Singh and ors.
Court: Jharkhand
Decided on: Feb-18-2002
Reported in: I(2003)ACC425
ORDER1. Claimants are appellants, Ramesh Chandra Singh of Yarpur, Patna was injured in a motor accident on 26.9.1984. He was travelling on a bus (BRA-9909) from Patna to Ranchi in connection with his electronics goods business, which met with an accident near Charhi, district Hazaribagh, as a result of which he sustained grievous injuries in waste portion, right hand portion and chest.2. There were fractured, and his entire body was plasters in course of his treatment which continued for more than 2-1/2 years and ultimately on 6.4.1987 he breathed his last.3. At the time of accident the deceased was aged about 35 years. He was a qualified technical skilled, and was running a television repairing and manufacturing centre in the name and style of Disco Electronics, Yarpur, Patna.4. His wife, son and daughters filed Claim Case No. 43 of 1987 for compensation under the provisions of Motor Vehicles Act, 1939.5. The deceased was a technical expert and qualified unemployed person and had take...
Krist Sanjay Erik Toppo Vs. the State
Court: Jharkhand
Decided on: Feb-18-2002
Reported in: 2002(50)BLJR571; 2002CriLJ3642
Deoki Nandan Prasad, J.1. The instant appeal has been preferred against the judgment dated 10-12-1996 and order of sentence dated 11-12-1996 passed in S.T. No. 431/1993 by the learned 2nd Additional Sessions Judge, Gumla convicting the appellant Krist Sanjay Erik Toppo to undergo rigorous Imprisonment for life Under Section 302 of the Indian Penal Code and further sentence of Rigorous Imprisonment for 7 years Under Section 201 IPC and for 10 years Under Sections 366 and 364 of the Indian Penal Code. However, the sentences were ordered to run concurrently.2. The case of the prosecution in brief as alleged that on 7-6-1993 one Desh Bandhu Oraon submitted a written report to the Gumla Police Station stating therein that his daughter Gayatri Kumari was missing from St. Angela Girl's Hostel at Gumla Sisai Road, who was a student of K.O. College, Gumla. The informent further stated that he visited her hostel on 8-5-1993 as she had failed to turn up home during Holi festival. He came to know ...
Director, Xavier Institute of Social Service, Ranchi Vs. Mostt. Etwari ...
Court: Jharkhand
Decided on: Feb-15-2002
Reported in: [2003(97)FLR76]; (2003)IILLJ784Jhar
1. The present appeal has been preferred against order and award dated 7th August, 1997. passed under the provisions of Workmen's Compensation Act, 1923 (hereinafter to be referred to as 'the Act).2. Under 'Jaldhara Scheme' of the State Government it was decided to dig well at Government cost on the land possessed by Budhu Oraon alias Budur Runda. son of Bhairo Oraon of Village Doriya, P.S. Tamar, district Ranch!.3. Under the Scheme raiyat of the land was executing agent of construction work of well on behalf of the State. He being beneficiary of the Scheme, was to get the well dug and the Xavier Institute of Social Service, Ranchi was deputed by the State Government to supervise the Scheme and make payment of Labour Charges etc. The said Institute was not executing agent of the Scheme on behalf of the Government.4. Budhu Oraon alias Budur Runda was full brother of Dhup Oraon alias Dhun Oraon husband of respondent No. 1 herein, who was working as Mason for construction of well. On 10.5...
Chhote Lal Prasad Sinha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-15-2002
Reported in: 2002(50)BLJR533
ORDERS.J. Mukhopadhaya, J.1. The writ petition was preferred by the petitioner against the order dated 25th June, 2001, whereby and where-under, the Director. Health Services, Bihar, Patna withheld the entire Pension Gratuity, leave encashment and G.P.F. of petitioner permanently under Rule 43 (b) of the Bihar Pension Rules, 1950.2. As the case can be disposed of on short point, it is not necessary to discuss all the facts, except the relevant one.3. The petitioner was in the services of the State of Bihar and posted at Daltonganj and retired on 31st December, 1996. After his retirement, a show cause notice was issued vide letter dated 12th March, 1997 to which he replied on 20th May, 1997. It was pointed out that certain materials (DDT) had not been handed over by the petitioner.4. The petitioner having not paid the total retiral benefits moved before this Court in C.W.J.C. No. 2452/98 (R), which was disposed of on 2nd August, 1999, taken into account the stand taken by the petitioner...
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