Jharkhand Court April 2002 Judgments
United India Insurance Co. Ltd. Vs. Husani Baitha and ors.
Court: Jharkhand
Decided on: Apr-17-2002
Reported in: [2002(94)FLR920]; (2003)ILLJ101Jhar
ORDER1. This appeal is directed against the judgment and order dated 2nd March, 1994 whereby the learned single Judge dismissed the appeal field by the appellant Insurance Company.2. The undisputed fact is that one Ashok Baitha died in a accident which took place on 10.1.1989 with the truck bearing registration No. BPY-4077. The legal representatives of the said deceased, Ashok Baitha, moved an application before the Com-missioner, Workmen Compensation, Hazaribagh for the grant of compensation on the ground, inter alia, that during the relevant time, the deceased was the driver of the said truck. The owner of the truck submitted an information to the Commissioner, Workmen Compensation through a letter dated 15.3.1990 stating therein that the accident took place on 10.1.1989 and the deceased Ashok Baitha who was the employee of the Company as driver. The appellant insurance company also appeared before the Commissioner and filed a written statement. Curiously enough no such defence was ...
Tag this Judgment!Jhunka Sao Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-17-2002
Reported in: 2002CriLJ4230; [2003(1)JCR504(Jhr)]
ORDER1. The sole appellant in this case stands convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life vide judgment and order dated 24.5.1996 and 25.5.1996 respectively, passed by the learned Additional Sessions Judge, Gumla, in Sessions Trial No. 40 of 1995.2. The aforesaid conviction arose out of the following facts. The prosecution story, as per the fardbeyan (Ext. 3) of Kalawati Devi (PW 1) is as follows. The informant Kalawati Devi gave her fardbeyan on 15.5.1993 before the Officer-in-Charge of Sisai Police Station, on the road in front of the house of Akhil Mohan Sao, stating therein, inter alia, that on that day at about 2.00 p.m. in the afternoon she along with Urmila Devi (deceased), wife of late Sadanand Thakur, and her daughter Sarita Kumari (PW 7), aged about 7 years, had gone to bring water from the well of Raghu Sao, which is situated at the south of the village. After taking water, all the three of the...
Tag this Judgment!Gobardhan Rajbanshi Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-16-2002
Reported in: 2002CriLJ3301
Vikramaditya Prasad, J.1. This criminal appeal is against the order of conviction and sentence passed on trial by Sri Surya Kant Mishra. Sessions Judge. Hazaribagh, in S.T. No. 17/1992 against the appellant Gobar-dhan Rajbansi whereby and whereunder the learned trial Court held the appellant guilty of an offence under Section 307, IPC and sentenced him to undergo R.1. for life.2. The appellant admittedly was the husband of the deceased Lodhia Devi. One Md, Aziz, PW 1, was unloading a truck of the Dhillan Transport at about 10.30 to 11.00 a.m. on 29.7.1991 when he saw that the accused holding the hand of his wife Lodhiya Devi came out from the shop of Gopal Seth and came in front of his shop and he started assaulting her by spade which he was possessing in his hand, firstly on waist and back and thereafter, on the head of Lodhiya Devi for four times and thus, hit on her head and above her neck on back. Lodhia Devi fell down and a crowd assembled and in the meantime one jeep of Bhera Sin...
Tag this Judgment!Raj Kumar Kushwaha and anr. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-16-2002
Reported in: II(2002)DMC411
Vikramaditya Prasad, J.1. The appellants stand convicted for the offence under Section 302/34, IPC and sentenced to undergo imprisonment for life.2. The following facts are not in dispute(i) The victim Savita Devi (deceased) was married to appellant No. 1 one year prior to her death (ii) on 16.6.1992 she received 3rd & 4th degree of burn injuries while she was in the house of her in-laws and (iii) she succumbed to that injuries in the same night.3. Ext. 2--The fardbeyan of the victim who subsequently died was recorded by one S.I., A.K. Jha at 23.15 hours on 16,6.1992 at the Patliputra Medical College & Hospital in the Surgical Ward No. 81E wherein the victim stated that she was married to Raj Kumar one year back and when she came to her matrimonial house, her mother-in-law, A.2 and her husband (1994)2SCC, used to tell that your brother had given nothing and not even a Tickley. She had passed in confrontation of these events. In her Naihar, on 16.6.1992 when after doing the household wo...
Tag this Judgment!Janoon Sangi Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Apr-11-2002
Reported in: 2002(50)BLJR1001
ORDERR.N. Prasad, J. 1. The petitioner has filed the writ petition for direction to the respondents to appoint her on the post of Veterinary Officer on the basis of recommendation of Bihar Public Service Commission (B.P.S.C.).2. The relevant facts of the case are that an advertisement No. 88/98 was published on 21.6.1998 inviting applications for appointment on 81 different posts of Veterinary Services Class II Service. The petitioner applied for appointment. After observing process of selection out of 81 vacancies only 28 candidates were selected for appointment. Selected candidates were called for to produce documents for verification. They appeared and documents were verified. Medical test was also held and the petitioner was found fit for appointment. However, no letter of appointment was issued and as such writ petition has been filed for issue of direction as indicated above.3. A counter-affidavit has been filed on behalf of respondents wherein the factthat the petitioner was sel...
Tag this Judgment!Manoj Karmali and Umesh Oraon Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-05-2002
Reported in: 2002(50)BLJR1091
Lakshman Uraon, J. 1. Appellants in both the Criminal Appeals have preferred these appeals against the common Judgment and order of conviction and sentence dated 26.2.3996 and 28.2.1996 respectively, passed by Shri Bharat Prasad Sharma, learned Judicial Commissioner, Ranchi. in Sessions Trial No. 714 of l994. convicting both the appellants under Section 302/34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life and further convicting appellant Manoj Karmali [Cr. Appeal No. 40 of 1996 (R)] under Section 27 of the Arms Act and sentencing him to undergo rigorous imprisonment for three years with a fine of Rs. 200/- and in default where of to further undergo rigorous imprisonment for one month. However, both the sentences, awarded against Manoj Karmali, were ordered to run concurrently.2. The prosecution case, as per the fardbeyan of the informant Dilu Rajwar (PW 1), father of the deceased Manoj Kumar, is that on 9.6.1994 at about 9.00 p.m., appellants Ma...
Tag this Judgment!Ashok Sundi @ Dula Sundi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-05-2002
Reported in: 2002(50)BLJR1695; 2002CriLJ3803
ORDERD.N. Prasad, J.1. Heard the counsel appearing from both sides and it is being disposed of at the admission stage itself with the consent of both parties.2. This application has been filed under Article 226 and 227 of the Constitution ofIndia for issuance of an appropriate writ/ order/direction for quashing the order dated 6.12.2001 passed by the Deputy Secretary (respondent No. 2), whereby and whereunder the State Government has confirmed the detention order dated 14.3.2001 passed by the District Magistrate. Chaibasa under Section 12(2) of the Bihar Control of Crimes Act, 1981 against the petitioner.3. It is alleged that after receiving copy of the detention order, the petitioner tiled a detailed representation against the detention order before the Secretary, Home Department. Govt. of Jharkhand, which was rejected and by order dated 6.12.2001 the respondent No. 2 confirmed the detention order dated 14.3.2001 which was passed by the District Magistrate. Chaibasa. It is further cla...
Tag this Judgment!Lal Babu Singh Vs. Coal India Limited and ors.
Court: Jharkhand
Decided on: Apr-04-2002
Reported in: (2003)ILLJ779Jhar
M.Y. Eqbal, J.1. This appeal under Clause 10 of the Letters Patent is directed against the judgment dated 23.4.1992 passed in CWJC No. 1389/91 (R), whereby the learned Single Judge dismissed the writ petition filed by the petitioner-appellant.2. The writ petition was filed by the petitioner-appellant for quashing the letter dated 26.7.1990 issued by the concerned respondent whereby petitioner was informed that the departmental proceeding against him would continue and further for quashing entire departmental proceeding against the petitioner. The petitioner by filing amendment application in the writ petition also prayedinfer alia for a declaration that Rule 34.2 of the Conduct, Discipline and Appeal Rules framed by respondent No. 1, Coal India Limited is unconstitutional.3. Petitioner was Chief Mining Engineer under the respondent. On 13.10.1989, he was given a notice intimating him that he would superannuate with effect from 31.1.1990. The petitioner availed the benefit of leave trav...
Tag this Judgment!Seema Kanaujia Vs. Regional Labour Commissioner (Central)-cum-authorit ...
Court: Jharkhand
Decided on: Apr-04-2002
Reported in: [2002(95)FLR464]; (2003)ILLJ255Jhar
ORDERM.Y. Eqbal, J.1. Heard the parties.2. The petitioner has challenged the legality and validity of the order dated 21.5.2001, passed by the Regional Labour Commissioner, Central. Dhanbad, respondent No. 1-cum-authority under the Mini mum Wages Act whereby he has held that a sum of Rs. 35,350/- as less payment and compensation is payable by the petitioner to the workmen.3. It appears that at the instance of the Labour Enforcement Officer, a complaint was made before respondent No. 1 alleging less payment by the petitioner to her workman engaged in the crushing of stone-chips. Respondent No. 1 initiated a proceeding under the Minimum Wages Act and passed the impugned order.4. Learned counsel appearing for the petitioner has relied upon a decision of the Patna High Court in the case of Binod Kumar v. Union of India, reported in 2000 LLJ (2) 692 and submitted that if there is a case of less payment then the jurisdiction is vested in the authorities under the payment of Wages Act,5. Mr. ...
Tag this Judgment!GayasuddIn Khan Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-02-2002
Reported in: 2002CriLJ3296
Lakshman Uraon, J.1. This CriminalAppeal has been directed against the judgment and order of conviction and sentence dated 10.4.2000 and 13.4.2000. passed byShri Sheo Kumar Prasad. learned 5th Additional Sessions Judge, Hazaribagh, in Sessions Trial No. 27 of 1978. convicting the sole appellant under Sections 395 and 412 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for ten years on each count, ordering to run both the sentences concurrently.2. The prosecution case, as per the fardbeyan of one Teju Mahto (PW 4). is that he was Postal Peon. On 6.12.1975 at about 1.30 p.m. he took postal Doles for delivery and reached near Unta More. P.S. Chatra, Dis-trict-Hazaribagh. Four unknown persons/ miscreants intercepted him. Two of them stopped his cycle and the other two assaulted him with the butt end of the pistol. The informant fell down. The miscreants took away his postal bags. After an hour the informant returned back to Chatra Post Office and informed the P...
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