Jharkhand Court March 2002 Judgments
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Bhuwneshwar Sahu and ors. Vs. Sudhir Kumar JaIn and ors.
Court: Jharkhand
Decided on: Mar-22-2002
Reported in: III(2002)ACC18
M.Y. Eqbal, J.1. This appeal is directed against the judgment and award dated 14.5.1991 pased by 1st Additional District Judge-cum-Motor Accident Claims Tribunal, Hazaribagh in Claim Case No. 65/1987 whereby he has dismissed the claim application holding that the claimant failed to prove rash and negligent driving of the dumper bearing No. BHM-2965 which dashed against the motorcycle which was involved in the accident.2. It appears that the son of the claimant, namely, Deepak Kumar Verma along with his friend Ashish Ranjan were going to Hazaribagh from Ramgarh on a motorcycle. On the way near village Hatiyari, dumper came from the opposite direction and dashed against the motorcycle, as a result of which, both the occupants of the motorcycle died. It is stated that the dumper dragged the motorcycle and the occupants for about 30 ft.3. Two claim cases were filed, one by the dependants of Ashish Ranjan being Claim Case No. 62/1987 and another by the defendants of Deepak Kumar Verma which...
Smt. Chinta Devi Vs. Owner of Trekkar No. Br-17p-4141 and anr.
Court: Jharkhand
Decided on: Mar-21-2002
Reported in: II(2002)ACC442
ORDERThe Court1. Heard the learned counsel appearing for the appellant. No one appears on behalf of the respondents.2. This appeal of the claimant is directed against the Judgment and award dated 30.3.2001 passed by Sri B.K. Rai, 3rd Additional District Judge-cum-Motor Vehicle Claim Tribunal. Dhanbad in Title (M.V.) Suit No. 128/99 whereby he dismissed the claimant's application, holding that accident took place due to the negligence of the deceased and therefore, the claimants are not entitle to compensation.3. The claimant's case is that the deceased Sushil Kumar Sinha was going on 8.4.1999 at 11.30 hours to Jharia along with Rajesh Kumar Gupta on the trekker in question, when the trekker in which the deceased was travelling reached near Nonia Basti. Bastakola, it was stopped in order to allow co-passenger to get down from the trekker. In the meantime, another trekker arrived from opposite direction and dashed Sushil Kumar who died on the spot. The Insurance Company appeared and took...
Arbind Kumar Ambasta and Two ors. Vs. State
Court: Jharkhand
Decided on: Mar-21-2002
Reported in: 2002(50)BLJR1720; 2002CriLJ3973; II(2002)DMC246
Sudhansu Jyoti Mukhopadhaya, J.1. This appeal has been preferred by the appellants against the judgment and order of conviction for the offence under Section 304(B) of the Indian Penal Code and sentence of life imprisonment dated 23rd March, 1991 passed in Sessions Trial No. 399 of 1989.2. Before dealing with the case of prosecution and other evidence, it is desirable to mention the relationship between the deceased and appellants, as stated hereunder.3. Rina Devi (deceased) was the wife of Arbind Kumar Ambasta (A.1), Basudeo Narain Ambasta (A.2) was the father-in-law of deceased, whereas Shanti Devi (A.3) was the mother-in-law of deceased, i.e. parents of Arbind Kumar Ambasta (A.1). The informant Nand Kishore Prasad was the father of Rina Devi (deceased).4. The case of the prosecution, in brief, as was given in the Fardbeyan by informant Nand Kishore Prasad (P.W. 7) before the police on 19th April, 1989 that his daughter Rina Devi was married with Arbind Kumar Ambasta (A.1), son of Ba...
Kamla Devi and ors. Vs. Ramdayal Sah and ors.
Court: Jharkhand
Decided on: Mar-21-2002
Reported in: II(2002)ACC452
M.Y. Eqbal, J.1. This appeal is directed against the judgment and award dated 3.5.2001 passed by Mr. B.K. Rai, 3rd Additional District Judge-cum-Motor Vehicle Accident Claims Tribunal, Dhanbad in Title (Motor Vehicle) Suit No. 17/ 2000 whereby and whereunder the Insurance Company (respondent No. 2) is directed to pay compensation to the claimants.2. The factum of the accident and insurance of the vehicle has not been denied and disputed. The only dispute is with regard to the quantum of compensation. The appellant, who was the claimant, is not satisfied with the amount of compensation awarded by the Tribunal.3. In this appeal, the case of the claimant is that monthly earning of the deceased was Rs. 4,000/- by selling Gup-chup in Thela, he was aged 45 years. Although, evidence adduced by the claimant with regard to monthly earning of the deceased was not controverted by Insurance Company, the Tribunal has assessed the daily earning of the deceased as Rs. 30/- relying upon the decision o...
Rajesh Kumar and anr. Vs. State Through C.B.i.
Court: Jharkhand
Decided on: Mar-19-2002
Reported in: 2002CriLJ2840
ORDERD.N. Prasad, J.1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the Order dated 16.10.2001 passed in B.C. Case No. 10(A) /97(D) by the learned Special Judge, CBI, Dhanbad, whereby and whereunder he rejected the petitioners' application filed under the provisions of Section 205, Cr PC.2. The short facts of the prosecution as alleged that by Supply Order No. 7009, dated 18.11.1993 the Engineer-in-Chief-cum-Addi-tional Commissioner-cum-Special Secretary, Road Construction Department, Bihar, Patna ordered for supply of 500 Matric Tonnes of Bitumen to Road Construction Department. Road Division, Hazaribagh in the year 1993-94. M/s Bharat Trading Company, Patna was awarded the contract by the Road Construction Department, Road Division, Hazaribagh by letter No. 1421 dated 28.12.1993 for transporting Bitumen from Hindustan Petroleum Corporation Ltd., Haldia, Calcutta to the different godowns located at Hazaribagh Division. It is further alleged t...
Mathura Singh and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Mar-19-2002
Reported in: 2002(50)BLJR1719; 2002CriLJ3798
ORDERDeoki Nandan Prasad, J.1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the entire Criminal Proceeding of Patan P.S. Case No. 16 of 1997 corresponding to G.R. No. 124 of 1997 relating to SC ST No. 19 of 1997 by which the Chief Judicial Magistrate, Palamau at Daltonganj took cognizance of the offence under Sections 341, 323, 342, 504, 379, 354/34 of the Indian Penal Code and Sections 3/4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act).2. The short facts giving rise to the prosecution case is that one Bhukhli Devi wife of Santu Bhuinya and Nirmala Devi wife of Jai Prakash Ram had gone defecate near a Government Pond early in the morning at 6 a.m. Shortly thereafter the petitioners came there and abused them and also reprimanded them for having come near the pond. There is also an allegation that the petitioners No. 2 and 3 took away the golden Chain from the person of Nirmala Devi. They had ear...
Bulaki Das @ Bulaki Rabidas and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Mar-15-2002
Reported in: I(2003)DMC584
ORDERLakshman Uraon, J.1. The petitioners, in this application, have challenged the order dated 7/8th October, 2001, passed by the learned Sessions Judge, Dumka, in Cr. Revision No. 29 of 2001, setting aside the order dated 12.1.2001, passed by the learned Sub-divisional Judicial Magistrate, Dumka, in P.C.R. No. 361 of 2000, whereby, the learned Sub-Divisional Judicial Magistrate has dismissed the complaint case, filed by opposite party No. 2, Shila Devi, under Sections 498A, 341, 323 and 379 of the Indian Penal Code.2. Against the order dated 12.1.2001, passed by the learned Sub-Divisional Judicial Magistrate, in P.C.R. No. 361 of 2000, opposite party No. 2, Shila Devi, preferred Cr. Revision No. 29 of 2001, which was allowed and the learned Sub-Divisional JudicialMagistrate, Dumka, was directed to issue process against the petitioners under Section 204 of the Code of Criminal Procedure.3. Learned counsel for the petitioners has submitted that Shila Devi was married with Niranjan Kuma...
Karu Prasad and ors. Vs. Mr. Chriest Fulchand Bara and anr.
Court: Jharkhand
Decided on: Mar-15-2002
Reported in: [2003(1)JCR334(Jhr)]
ORDER1. A Fiat Car (WWF-3544) belonged to Mr. Chriest Fulchand Bara, who was residing In Sector VIB of Bokaro Steel City. It was insured under comprehensive policy effective from 26.6.1990 to 25.6.1991 with National Insurance Company Limited.2. On 30.6.1990, Mr. Bara in the morning went to attend his duty by the said car and thereafter driver returned back with the car.3. On 9.11.1990 appellants filed claim application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') for compensation on account of death of Radha Devi, who was dashed by the said Fiat Car, sustained grievous injuries and died after four hours in Bokaro General Hospital.4. The accident took place near community centre at Sector VIB. At the time of accident car was being driven rashly and negligently by its driver.5. The deceased lady was working as Field Officer in Protective Savings and Finance Limited at Bokaro Steel City and was earning Rs. 2000/- per month as commission. Besides...
Chuni Lal Giri Vs. Smt. Reeta Verma and ors.
Court: Jharkhand
Decided on: Mar-14-2002
Reported in: 2002(50)BLJR1246
ORDERDeoki Nandan Prasad, J.1. This is an application filed on behalf of the respondent No. 1 (Smt. Reeta Verma) raising preliminary objection that the election petition as framed is not maintainable as it has got no valid cause of action and does not speak of any violation of the Rules and also contains vague allegations. The sources of information are unknown counting agents. The election petitioner has no where stated that he himself was in fact connected with the process of election in any manner as well as he does not claim to have cast his vote. It is further stated that no any request at all was made by respondent No. 2 to the Observer of the Election Commission to intervene in the matter during the course of counting, though the counting was held for two days and the counting of ballot papers continued uninterruptedly under the full view of the candidates and their authorised counting agents. The petitioner or other candidates who was/were contesting the election had never rais...
Anil Kumar Alias Anil Kumar Mishra Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-13-2002
Reported in: 2002(50)BLJR1299; [2002(94)FLR797]
ORDERM.Y. Eqbal, J.1. Heard the parties.2. The petitioner has prayed for quashing the order dated 10.11.2000 issued by the Executive Engineer, PHED, Godda whereby the services of the petitioner has been terminated.3. Petitioner's ease is that sometimes in 1984 a portion of the land belonging to his father was taken by the PHED Deptt. Godda under the Water Supply Scheme under an agreement with the father of the petitioner to give employment in lieu of the acquisition of the land. The petitioner was accordingly given temporary posting as keyman-cum-chaukidar in the PHED department. The petitioner continuously served on temporary basis till 1986. Again in 1990 the petitioner was given appointment on the same post and he continued on the said post. In 1998 he filed a writ application being CWJC No. 11357/98 in the Patna High Court for regularisation of his serviees. During the pendency of the said writ application the impugned order of termination was served upon him vide letter dated 10.1...
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