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Jharkhand Court February 2002 Judgments

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Feb 04 2002

Bhadu Devi (Bouri) Vs. State of Bihar and ors.

Court: Jharkhand

Decided on: Feb-04-2002

Reported in: 2002(50)BLJR665; 2002CriLJ2505

ORDERM.Y. Eqbal, J. 1. The petitioner who is the widow of late Arun Bburi has approachedthis court seeking an appropriate direction upon the respondents for payment of compensation on account of death of her husband who died in jail custody because of the alleged criminal negligence and irresponsible attitude of the respondents.2. Petitioner's case is that her husband who was a labourer died on 19.12.1999 in a very suspicious circumstances inside the jail leaving behind four minor sons and a daughter. The deceased was an accused tn Balipur P.S. Case No. 24/88 under Section 452, 323, 357 and 379 of the Indian Penal Code and criminal case was pending against him for trial. The deceased was arrested on 13.12.1999 and on his production in the criminal case he was forwarded to jail custody. It is stated by the petitioner that after his arrest she went to jail to meet her husband on 19.12.99 and requested the jail authorities to call her husband. The petitioner was told by the police that he...


Feb 04 2002

indu Bhushan Dwivedi Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Feb-04-2002

Reported in: 2002(50)BLJR650; [2002(94)FLR331]

ORDERM.Y. Eqbal, J.1. The petitioner, who is member of Subordinate Judicial Service, has challenged the order dated 17th August, 2001 by which the respondent High Court of Jharkhand ordered for holding enquiry against the petitioner and also the letter dated 11.12.2001 by which the High Court has directed the District and Sessions Judge, West Singhbhum to continue with the departmental proceeding.2. The petitoner's case is that he entered in the Judicial Service in 1982 as Munsif and subsequently he was promoted to the post of Subordinate Judge. While he was working as Subdivisional Judicial Magistrate,Jhanjharpur, Madhubani, he was put under suspension on 5.3.1998. The petitioner was served with chargesheet and he denied the charges by filing show cause. Thereafter, one Sudarshan Upadhyaya, District and Sessions Judge, Madhubani was appointed as Enquiry Officer who submitted enquiry report to the High Court. Patna on 28.4.2000. However, in the meantime, after bifurcation of the State,...


Feb 01 2002

Rajiv Ranjan @ Lalan Singh Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Feb-01-2002

Reported in: 2003CriLJ622

ORDERThe Court 1. One reply affidavit on behalf of the CBI to IA No. 1913 of 2001 has been filed. This application, may, however, be taken up for consideration on the next date.2. One affidavit has been filed by Shri Vinod Kumar Sharma, Director in the Lok Sabha Secretariat. This affidavit is in compliance to our order dated 7.12.2001. In Para 4 of this Affidavit it is stated that the CBI had sought the permission of the Lok Sabha Speaker with respect to the grant of sanction against Rajo Singh in four cases mentioned in that para and that the opinion of the Attorney General has been received in one case and in other three cases the same is awaited. Even in the case in which the opinion of the attorney General has been received the matter, as per the aforesaid affidavit, is under consideration of the Lok Sabha Speaker.3. In our order dated 7.12.2001 with respect to the aforesaid request of the sanction relating to Rajo Singh, we had made the following observations--Mr. P.K. Prasad subm...


Feb 01 2002

Safidan Bibi and ors. Vs. Hardesh Kumar Jaggi and anr.

Court: Jharkhand

Decided on: Feb-01-2002

Reported in: II(2003)ACC647

ORDER1. A Truck bearing registration No. BHV-9016 was engaged in carrying bauxite stones from Lohardaga to Chandwa-Tori Railway Station and on the way on 30.10.1985, one Abdul Ghafoor An-sari loaded vegetable baskets and she goats thereon and himself also sat on it. It was a half dalla truck and bauxite holders was already loaded thereon to its capacity.2. The said truck turned turtle at Salaiya Tonggi turning due to negligence of driver and in the said accident, Abdul Ghafoor Ansari sustained serious injury and died after 1-1/2 months. His widow and five sons filed Compensation Case No. 49 of 1986, under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act').3. Safia Khatoon, daughter's daughter of Abdul Ghafoor Ansari had also loaded her vegetable baskets and had sat in the cabin of said truck. She also sustained injury and her left leg from knee was subsequently amputated. She filed another claim application for compensation, bearing Compensation Case N...


Feb 01 2002

Dr. Narendra Narayan Roy and anr. Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Feb-01-2002

Reported in: 2002(50)BLJR668; (2003)ILLJ5Jhar

ORDERThe Court 1. This appeal under Clause 10 of the Letters Patent is directed against an order dated 7.1.2002 passed by a learned Single Judge of this Court whereby, relying upon an earlier judgment of a Single Bench of this Court in the case of Chandra Prabha Devi fit Ors. v. Regional Institute of Technology fit Ors. reported in 2001 (3) JCR 281 (Jhr) : 2001 (2) JLJR 457, and agreeing with the contentions of the respondents that the grant of Triple Benefit Scheme (Payment of Pension. Gratuity and General Provident Fund) was to be applicable from 6.9.1999 and not from 1.4.1992, dismissed the writ application filed by the appellants.2. The appellants' main contention is that the Board of Regional Institute of Technology. Jamshedpur. had adopted a resolution whereby it decided to extend the benefit of the aforesaid Triple Benefit Scheme with effect from 1.4.1992 but the actual benefit was given from 6.9.1999 purportedly and apparently owing to the fact that it was only on this date tha...


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