Jharkhand Court February 2002 Judgments
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BipIn Bihari Nand Tiwary Vs. State of Bihar
Court: Jharkhand
Decided on: Feb-12-2002
Reported in: 2002(50)BLJR615; 2002CriLJ2501
Lakshman Uraon, J. 1. This criminal appeal has been directed against the order of conviction and sentenced passed by the learned 4th Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 361 of 1986 under Section 302, IPC.2. The prosecution case, as per Fardbayan of the informant Munni Devi is that her son-in-law, Raj Kishore Pandey had been to her village Kandri. He was sleeping in the house of the informant in the night of 3/4th of December, 1984. At about 11-30 p.m. she woke-up on the Hullan and went into the room of her son-in-law Raj Kishore Pandey. He saw that her son-in-law was being assaulted by this appellant Bipin Bihari Nand Tiwari, the son of her sautan Madhu Devi with Iron Gupti on the left portion of cheek and neck and near the left ear of Raj Kishore Pandey.3. Raj Kishore, Pandey sustained bleeding injuries and became unconscious, she and her only daughter Shiwawati Devi wife of injured Raj Kishore Pandey Saw the alleged occurrence. On Hullah nearby neighbours,...
Ramadhar Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-11-2002
Reported in: 2002(50)BLJR1120; [2002(94)FLR688]
ORDERThe Court1. This appeal under Clause 10 of the Letters Patent has been filed by the appellant against the judgment dated 30th July, 2001 passed by a learned Single Judge of this Court in W.P.(s) No. 3369 of 2001 whereby while dismissing the writ application of the appellant, the learned Single Judge held that the appellant-writ petitioner was not entitled to receive pension or other retrial benefits because he was removed from service and that based on such removal from service, his right to receive pension on the basis of Rule 46 of the Bihar Pension Rules, 1950 stood extinguished.2. In the course of his judgment, while dwelling upon the scope of Bihar and Orissa Subordinate Services (Discipline and Appeal) Rules, 1935. the learned Single Judge clearly held that the case of the appellant was not covered by Explanation 1 below Rule 2 of these Rules and that the appellant's ease was, in fact, covered by the analogy to be drawn on the basis of Explanation 11 of the said Rule 2 in as...
Ram Sevak Ram and anr. Vs. Hoshildar and anr.
Court: Jharkhand
Decided on: Feb-11-2002
Reported in: I(2003)ACC384
ORDER1. Heard. In Title (M.V.) Suit No. 50 of 2000, Motor Vehicles Accident Claims Tribunal, Dhanbad assessed a sum of Rs. 1,34,100/- with interest (c)9% per annum payable thereon, if the aforesaid amount of award is not paid within three months. The claimants, who were parents of deceased Balram Ram, who were more than 55 years old claimed that their 30 year's old deceased son, who was working with M/s. Mamta Light Decoration, Gomoh and was earning Rs. 65/- per day died in a motor accident on 26.2.2000. The deceased was dashed by a truck (UP-52-6885) near Marwaha Petrol Pump, G.T. Road at Dumdu within Dhanbad district. The proprietor of M/s. Mamta Light Decoration was examined as AW 3, who proved his signature on a certificate (Ext. 1) regarding daily wage of the deceased.2. Mr. Laik, counsel for claimants-appellants submitted that on the basis of said certificate, which was unfortunately not marked as an exhibit, the tribunal ought tohave accepted earning of the deceased at Rs. 65/- ...
National Insurance Company Ltd. Vs. Lakhi Soren
Court: Jharkhand
Decided on: Feb-11-2002
Reported in: II(2003)ACC566
ORDER1. Heard. In the present appeal interim award passed under Section 140 of the Motor Vehicles Act, 1988, has been challenged on the ground that no regular claim case under Section 166 of the Act has been filed. It is controverted by the otherside. An interlocutory application under Section 140 was said to have been filed in the regular case filed under Section 166. There is nothing to disbelieved this statement on behalf of claimant at this stage. There is no merit in this appeal. It is also barred by time. It is, accordingly, dismissed.2. A sum of Rs. 25000/- deposited by appellant-Insurance Company in this appeal, vide Challan No. J-57 dated 13.12.2001 is permitted to be withdrawn by claimant-respondent on proper verification and in accordance with law....
The New India Assurance Company Ltd. and anr. Vs. Shri Anwar HussaIn a ...
Court: Jharkhand
Decided on: Feb-08-2002
Reported in: (2002)IIILLJ382Jhar
1. Anwar Hussain, son of Abdul Razzaq, of village Farah, district Nawadah was employed as Cleaner of a Truck (WB -11-7554). He was 35 years old was getting monthly salary of Rs. 1000/-, when on 1.9.1999 he sustained injuries after the said truck met an accident. The said vehicle was insured with the New India Assurance Company Limited, at the relevant time.2. In Workmen Compensation Case No. 6 of 1996, filed by the said injured cleaner under the provisions of the Workmen's Compensation Act, 1923, a sum of Rs. 78,824/-was calculated as compensation amount payable to him.3. In course hearing of the case before the Workmen Compensation Commissioner, on 5,8,1998, a Medical Board under the Chairmanship of Civil Surgeon-Cum-Chief Medical Officer, Nawadah examined the claimant and found a case of traumatic deformity of his left lower limb and upper limb to the extent of 60%.4. In course of hearing the Presiding Officer of the court observed and found that both lower portion of left leg and up...
Chandeshwar Chaudhary and ors. Vs. Arun Kumar and anr.
Court: Jharkhand
Decided on: Feb-08-2002
Reported in: I(2003)ACC312
1. Sita Devi wife of appellant Chandeshwar Chaudhary died on 16.06.1995, when the bus (BR-06P 3851) in which she was travelling with her husband met an accident. She was a housewife and was 45 years old at the time of accident.2. Both, owner and insurer of the bus appeared in the Claim Case and filed written statements. The owner specifically stated that the bus was insured at the relevant time with New India Assurance Company Limited and it was also not denied by the Insurance Company.3. In the judgment and award the Tribunal assessed total amount of Rs. 67,864/-to be payable as compensation. It was calculated on the basis of monthly salary of husband of the deceased who is claimant No. 1 at Rs. 2554/- per month divided by 3 and on applying 11 multiplier thereto. Besides the above amount, a sum of Rs. 5000/- was granted for loss of consortium, Rs. 2500/- for loss of estate and Rs. 2000/- for funeral expenses.4. We find no reason to interfere with the aforesaid calculation and grant of...
Sapna Banerjee Vs. Rabindra Nath Banerjee
Court: Jharkhand
Decided on: Feb-08-2002
Reported in: II(2002)DMC405
ORDER1. This appeal has been filed under Section 19 of the Family Courts Act, 1984, by Sapna Banerjee, wife of Rabindra Nath Banerjee of Dhanbad town, challenging impugned judgment and decree, whereby she was directed to go to her matrimonial home along with her husband and to enjoy a happy marital conjugal life with her husband.2. Admittedly, appellant was married with respondent on 14.2.1992 according to Hindu rites and customs. The said marriage was also registered on 3.7.1992 before the Registrar at Purulia. After marriage both were living at Mahuda.3. On 18.10.1993, respondent-husband filed an application under Section 9 of the Hindu Marriage Act, 1955, alleging therein that his father-in-law started demanding his salary on the ground that he was employed by BCCL in lieu of his land having been acquired by the said Company and on her father's advise appellant also disconnected all relation and severed her connection with him.On 1.10.1993 she finally left his house at Mahuda in his...
N.C.D.C. Bhurkunda Colliery Karmachari Sahakari Sakh Samiti, Bhurkunda ...
Court: Jharkhand
Decided on: Feb-08-2002
Reported in: AIR2003Jhar70
ORDERTapen Sen, J. 1. Prayer in this writ petition is for issuance of a writ of or in the nature of writ of certiorori for quashing Annexure-2 (order dated 4.9.2001) issued by respondent No. 3 (Assistant Registrar, Co-operative Societies, Hazaribagh Circle, Hazaribagh) purporting to be under the direction of the Respondent No. 2 (Registrar), whereby and whereunder, the post of Treasurer has been ordered to be filled up by lottery. 2. Further prayer is for issuance of an appropriate writ or a writ of or in the nature of a writ of mandamus commanding upon the respondents not to give effect to the said impugned order and further, to allow the filling up of the post of Treasurer by co-potion in terms of the order of the respondent No. 4 (Joint Registrar). 3. The facts pleaded in the instant case is that in terms of the provision contained in the Bihar Co-operative Societies Rules, 1959 election for different posts including the post of a treasurer was held on 24.12.2000 in which one Sri Pr...
Indian Iron and Steel Co. Ltd. Etc. Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Feb-07-2002
Reported in: (2002)IIILLJ603Jhar
The Court1. These Letters Patent Appeals under Clause 10 of the Letters Patent have been filed against the judgment dated 22.02,2001 passed by the learned Single Judge in C.W.J.C. No. 745 of 2001 whereby the learned Single Judge has dismissed the writ application filed by the appellant, thus upholding the correctness, legality and validity of the impugned notification issued on 22.12.2002, in terms of Section 10(1) of the Contract Labour (Regulation & Abolition) Act, 1970. The judgment under challenge in these appeals being very very short is reproduced herein below :'22.2.2001. Heard the parties. The petitioner has challenged the notification dated 27.12.2000 issued by Govt. of India in exercise of the power conferred under Section 10(1) of the Contract Labour (Regulation & Abolition) Act. 1970, whereby the employment of contract labour for raising and breaking of iron-ore in the establishment of Manohar-pur Mines of Steel Authority of India Ltd. has been prohibited. It appears that m...
Om Prakash Saraf Vs. Mostt. Rajmani Devi and ors.
Court: Jharkhand
Decided on: Feb-07-2002
Reported in: II(2003)ACC233
1. On 22.3.1983. Ram Chandra Prasad @ Ram Chandra Sahu of village Satbarwa, District-Palamau had loaded wooden logs on a truck (BRO-1279) and was himself sitting on its head. He was a vegetable dealer by profession. The said tuck met with an accident, as a result of which he fell down and died on spot.2. It is not in dispute that truck in question was a goods carrying vehicle and was not to carry passengers.3. The widow of deceased and others filed claim application, under Section 110-A of the Motor Vehicles Act. 1939 wherein by judgment and award dated 23.6.1989, tribunal directed owner of truck, namely, Om Prakash Saraf to pay a sum of Rs. 55,000/-as compensation to them.4. The owner of truck came to this Court in Misc. Appeal No. 95 of 1989 (R), which was disposed of on 22.4.1997 observing that when First Information Report was different than what has been held by the tribunal and when there was no scope to get any material from records to find out actual status of deceased in the t...
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