Jharkhand Court August 2002 Judgments
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Sukhman Bodra Vs. State of Bihar
Court: Jharkhand
Decided on: Aug-05-2002
Reported in: 2003(1)ALT(Cri)3; 2002CriLJ4634
Hari Shankar Prasad, J.1. This criminal appeal is directed against the judgment and order of sentence dated 3-4-99 passed in Sessions Trial No. 262/97, whereby and where under the learned Sessions Judge held the appellant guilty under Section 376, IPC and sentenced him to undergo R.I. for 10 years.2. The prosecution case In brief is that Rautu Samad gave a written report, to the effect that on 5-4-97 his daughter Manipal Samad had come after grazing the bullocks and at about 7 PM she was going to sleep in the house of her Aunt and it is stated that appellant Sukhman Bodra took Manipal Samad to his house and kept her in his house and committed rape on her. On the next day i.e. on 6-4-97 Sukhman Bodra left Manipal Samad in the house of his sister Radha Bodra in the village Anjitbera and thereafter sister of Sukhman Bodra left Manipal Samad in the house of her parents where Manipal Samad narrated the entire occurrence to her parents and this fact was brought to the knowledge of one Birsin...
Nand Lal Roy Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Aug-02-2002
Reported in: 2002(50)BLJR1754
M.Y. Eqbal, J. 1. This appeal under Clause (1) of the Letters Patent is directed against the judgment and order dated 29th July, 1998 passed in CWJC No 2052/1993 (R), whereby the learned single Judge refused to interfere with the order dated 12.2.1993 passed by the Director of Ministry of Coal and dismissed the writ petition.2. The petitioner/appellant was in the service of the respondents at the relevant time and was working as Upper Division Clerk in the office of the Regional Commissioner, Coal Mines Provident Fund, Assansol. In 1978, a memorandum of charges was served upon him and a disciplinary proceeding was initiated. The charges inter alia was that the petitioner while in Assansol office from 1974 onwards aided and abetted identification of one person posing himself to be Shri Sripat Chamar and a wrong person one H.P. Rajak withdrew the provident fund of Sripat Chamar with the help of the petitioner. In the disciplinary proceeding, the Commissioner of Coal Mines Provident Fund ...
Ramawtar Singh Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Aug-02-2002
Reported in: 2002(50)BLJR1753; [2002(95)FLR652]
ORDERM.Y. Eqbal, J.1. Petitioner seeks direction upon the respondents to consider his case for promotion to the post of Labour Superintendent in terms of the Bihar Labour Service (General) Rules, 1969. The grievance of the petitioner is that as per Rule 6 of the aforesaid rule 50% post has to be filed up by appointment through promotion and the respondents are bound to consider the case of the petitioner while filling up the said post. It is contended that the persons junior to the petitioner were considered for promotion but despite representation filed by him, respondents did not take any step to consider the case of the petitioner for promotion.2. In the counter affidavit, it has been categorically stated by the respondents that 50% vacant posts of Labour Superintendent has been filled up in terms of the aforesaid rules by appointment through promotion in seniority from the post of Labour Enforcement Officer, Labour Welfare Officer and Statistical Inspector. The respondents have tak...
Gautam Sinha and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Aug-02-2002
Reported in: 2003CriLJ635
Vishnudeo Narayan, J.1. This application has been filed by the petitioners under Section 482 of the Cr PC for quashing of the entire criminal proceeding i.e. C/1 Case No. 515 of 1998 instituted against the petitioners including the order dated 13.8.1998 passed by Sri L,P. Choubey, J.M. 1st Class, Jamshedpur whereby and whereunder a prima facie case under Sections 420 and 406 of the Indian Penal Code having been found, cognizance has been taken against them and summons were ordered to be issued.2. The facts giving rise to this case are as follows. O.P. No. 2, Kundan Verma filed a petition of complaint before the Court of Chief Judicial Magistrate Jamshedpur on 31.7.1998 giving rise to C/1 Case No. 515 of 1998 against the petitioners for summoning them for trial for the offence punishable under Sections 406 and 420, IPC regarding the occurrence which is said to have taken place in the month of April 1996 and continuing since then till today. Learned Chief Judicial Magistrate vide order d...
Jodhi Yadav Vs. Kashi Yadav and ors.
Court: Jharkhand
Decided on: Aug-02-2002
Reported in: 2003CriLJ1385
ORDERVishnudeo Narayan, J.1. This criminal revision has been directed by the informant petitioner against the impugned judgment and order dated 19-6-1996 passed in G.R. Case No. 616 of 1995/Trial No. 656 of 1996 by Sri Quayum Khan, Judicial Magistrate 1st Class, Giridih whereby and whereunder opposite party Nos. 1 to 8 have been found not guilty for the offence under Sections 147, 323, 337 and 427 of the Indian Penal Code and they were acquitted on the ground that it is a case of no evidence.2. The prosecution case has arisen on the basis of the written report of the informant petitioner aforesaid lodged before Jamua P.S. on 16-4-1995 at 2.00 hours regarding the occurrence which is -said to have taken place on 15-4-1995 at 9-00 p.m. near village Mangodih, P.S. Jamua, District Giridih and a case under Sections 147, 148, 149, 323, 337, 341 and 427, IPC was instituted against O.P. Nos. 1 to 8. The police after investigation has submitted charge-sheet for the offences aforesaid and cogniza...
Ramesh Kumar Verma and ors. Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Aug-02-2002
Reported in: 2003CriLJ617
ORDERVishnudeo Narayan, J.1. This application has been filed under Section 482 of the Cr.P.C. by the petitioners who were at the relevant time posted as Commercial Taxes Officer, Tenughat Circle at Phusro and Hazaribagh Division at Hazaribagh under Government of Bihar for quashing of the proceeding of Complaint Case No. 33 of 1997 including the order dated 24-2-1998 passed therein by Sri J. P. Singh, Judicial Magistrate, 1st Class, Barmo at Tenughat whereby and whereunder the cognizance for the offence under Sections 385, 448, 342, I.P.C. has been taken against the petitioners and summons were issued against them for their trial.2. The facts giving rise to this application are as follows :--O.P. No. 2, Om Prakash Keshri filed a complaint case bearing Complaint Case No. 33 of 1997 on 24-2-1997 against the petitioners regarding the alleged occurrence which is said to have taken place at 11.00 A.M. on 18-9-1996 and continued till 8.00 A.M. on 19-9-1996 in the Court of Sri J.P. Mishra, the...
Ratna Plastic Jhumri Taliya Through Its Proprietor Bishwajit Das Gupta ...
Court: Jharkhand
Decided on: Aug-01-2002
Reported in: [2003(1)JCR302(Jhr)]
ORDER1. The appellants being not satisfied with the order dated 11.9.1999, passed by the District Certificate Officer, Kodarma, in Certificate Case No. 4/91-92 preferred the connecting writ petition CWJC No. 2759/2000(R).2. Their grievance was that the order dated 11.9.1999 was passed by the Certificate Officer without determination of objection filed under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 and without determining the liability of the appellants under Section 10 of the said Act. The appellant No. 2 was illegally taken into custody.3. The learned Single Judge by the impugned order dated 13.8.2000 dismissed the writ petition on the ground that after filing of objection under Section 9 of the Act, the appellants did not choose to appear. Subsequently, the appellants had expressed their inability to pay the amount immediately because of their bad financial condition.4. In the present case the respondents have not disputed that the objection under Section 9 ...
Birendra Prasad Sinha Vs. Bihar State Housing Board and ors.
Court: Jharkhand
Decided on: Aug-01-2002
Reported in: [2006(1)JCR25(Jhr)]
Hari Shankar Prasad, J.1. This appeal under Clause 10 of the Letters Patent is directed against the judgment and order dated 22.8.1996 passed in 'CWJC No. 1271/96 (R), whereby and whereunder the learned single Judge has dismissed the foresaid writ application.2. The facts of the case lie in a narrow compass. The petitioner appellant entered into an agreement with the respondent Housing Board by a deed of agreement dated 27.7.1984 and pursuant to that agreement he took possession of the plot in question on 25.8.1984. In the year 1987. a registered deed of agreement was executed. According to the petitioner-appellant he paid the amount of instalment regularly and last instalment was paid on 5.7.1993 in support of that, a chart showing payment of such instalments duly certified by the Executive Engineer, Housing Board, dated 6.7.1995 was filed in the writ application. Even after payment of all the instalments and issuance of a certificate to that effect by the respondent No. 3, the respon...
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