Jharkhand Court January 2003 Judgments
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Sunil Kr. Gorai Vs. Fuchi Bala GoraIn and anr.
Court: Jharkhand
Decided on: Jan-09-2003
Reported in: II(2003)DMC48; [2003(1)JCR561(Jhr)]
ORDERHari Shankar Prasad, J.1. This criminal revision, under Section 397 and 401 of the Code of Criminal Procedure, is directed against the impugned order dated 26.8.2002 whereby learned Principal Judge, Family Court, Dhanbad by his order dated 26.8.2002, came to a finding that order dated 7.8.2000 passed in miscellaneous case No. 41/98 is still in force.2. Facts briefly stated are that opposite party No. 1 filed a miscellaneous case before the Principal Judge, Family Court, Dhanbad under Section 125 of the Code of Criminal Procedure for allowing her maintenance when O.P. did not appear inspite of best efforts by this Court, then an ex-parte order was passed allowing her Rs. 500/- (five hundred) as maintenance allowance. The ex-parte order was passed in the case bearing miscellaneous case No. 41/98 was ultimately set aside by High Court in revision No. 552/2002 and opposite party of miscellaneous case No. 41/98, who had come in revision before High Court, was directed to appear within ...
Libnus Oraon Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jan-09-2003
Reported in: 2003(51)BLJR643; [2003(2)JCR332(Jhr)]
Vishnudeo Narayan, J. 1. This criminal appeal has been preferred by the sole appellant named above against the impugned judgment dated 10.8.2001 passed in S.T. No. 18 of 1998 by Shri Hari Bhushan Prasad Sinha, 1st Additional Sessions Judge, Simdega, whereby and whereunder the appellant was found guilty for the offence punishable under Section 302 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life.2. The prosecution case has arisen on the basis of the fardbeyan (Ext. 2) of PW 7, Junus Uraon, the husband of Imelda Orain, the deceased of this case recorded by S.I., Pradeep Kumar of Kurdeg P.S. on 16.9.1997 and 12.30 hours at the house of the informant in village Lukartoli Taiser regarding the occurrence which is said to have taken place between 16.00 hours to 22.00 hours on 14.9.1997 and formal FIR was drawn on that very day at 17.30 hours. The formal FIR and the fardbeyan has beenreceived in the Court of A.C.J.M., Gumta on 17.9.1997.3. The prosecution ca...
Usha Workers Union Etc. Vs. Usha MartIn Industries Ltd. and anr.
Court: Jharkhand
Decided on: Jan-09-2003
Reported in: [2003(2)JCR264(Jhr)]; (2003)IILLJ1058Jhar
ORDERTapen Sen, J.1. This appeal is directed against the judgment/order dated 9.7.2001 passed by a learned Single Judge of this Court in CWJC No. 1885 of 2001, by reason whereof the writ application preferred by the respondents was allowed and the award of the Presiding Officer, Labour Court was set aside.2. The essential facts which need to be taken note of is that on 13.1.1996 the concerned workman, namely, Anil Kumar Jha was transferred from Jamshedpur to Bombay. At the relevant time he was working in the Purchase Department and by reason of the order of transfer he was directed to report for duty at Bombay by 24.1.1986. It was also intimated in the order of transfer that he would be relieved from his duties at Jamshedpur from the close of the working hours of 16th January, 1996. A dispute was then raised by the Union and on 17.9.1996 the same led to a reference being made by the Government of Bihar to the Labour Court, Jamshedpur to adjudicate as to 'Whether the transfer of Shri An...
Smt. Prabha Devi Vs. Smt. Rita Prasad and anr.
Court: Jharkhand
Decided on: Jan-08-2003
Reported in: 2003(51)BLJR520; [2003(1)JCR555(Jhr)]
ORDERM.Y. Eqbal, J. 1. The question that falls for consideration in this Civil Revision is as to whether plaintiff can be allowed at the appellate stage to amend the relief portion of the plaint. 2. The plaintiff petitioner filed Title Suit No. 58/97 in the Court of Sub-Judge, Hazaribagh for declaration of title for possession of the suit land and in the alternative for recovery of possession and also for a decree of permanent injunction restraining defendants from creating any disturbances or interfering with the possession of the plaintiff over the suit land. 3. The brief facts of the case is thatdefendant No. 2 acquired the suit propertyby inheritance and became absolute ownerof the same. In 1992 it is alleged that defendant No. 1 got the sale deed registered inhis favour without paying any consideration amount to defendant No. 2. Thedefendant No. 1 inspite of the aforesaid salemade by registered deed dated 17.3.1992did not came in possession. The defendantNo. 2 thereafter executed ...
Khadim Mohammad Maqbool (Sajad NashIn Mutwalli) Vs. Bihar State Sunni ...
Court: Jharkhand
Decided on: Jan-08-2003
Reported in: [2003(2)JCR284(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. P.K.Prasad, learned counsel for the petitioner and Mr. R.S. Majumdar, learned counsel for the respondents.2. From a perusal of the pleadings of this writ application and also upon perusal of different annexures, it appears that Md. Alamgir (respondent No. 2) had initially filed Title Suit No. 95 of 1987/16 of 1988 with a prayer that he should be declared 'KHADIM' of Mazar Sarif and Hazra Sarif of the Saint Baba Chudi Shah. That suit was dismissed and the Court below held that the Plaintiff was not the 'KHADIM'. It appears that thereafter he filed an appeal in the Court of the Second Additional District Judge, Giridih vide Title Appeal No. 85 of1988 and that appeal was also dismissed. Consequently a Second Appeal was filed before the then Ranchi Bench of the Patna High Court being Second Appeal No. 186 of1989 (R) and on 17.10.1990 the said Hon'ble Court held that the Plaintiff had failed to prove that he is a 'KHADIM' in respect of the Mazar in question an...
Bhagwati Coke Industries Pvt. Ltd. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-08-2003
Reported in: [2003(2)JCR293(Jhr)]
V.K. Gupta, CJ.1. In this petition filed under Article 226 of the Constitution of India, a group of entrepreneurs having their business activities and bases in the State of Bihar has approached this Court for issuance of mandamus or for grant of any other appropriate relief with respect to the continuance of exemption from the payment of sales tax on the purchase of raw material, even though now the purchase of raw material is by way of an inter-State sale transaction. Reliance is placed upon S.O. 478 issued by the Government of Bihar on 22nd December, 1995 in terms of Section 7(3)(b) of Bihar Finance Act, 1981.2. The petitioners, except petitioner No. 5, have their business activities in the State of Bihar, where they carry their manufacturing operations. Till 14th November, 2000, the petitioners had no difficulty in availing of the benefits under S.O. 478 because till that date, the territories now forming part of the Jharkhand State were included in the erstwhile State of Bihar, but...
Ranjit Pani and ors. Vs. the State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jan-08-2003
Reported in: II(2003)BC523; 2003CriLJ1736
Lakshman Uraon, J.1. The petitioners have moved with a prayer to quash the order of taking cognizance dated 4.7.2001 under Sections 467, 468, 469, 419, 420, read with Section 34, IPC in G.R. Case No. 337/200 (Senha P.C. Case No. 56/2000 passed by the learned C.J.M. Lohardaga. O.P. No. 2, Nipun Mrinal, alleged that the petition No. 1 Ranjit Pani, got a lease-deed signed by him on the understanding that if he leased out the land to the Company and after petrol-pump is established he will be given the dealership and also assured that the informant would make a lot of money out of this agreement. On such assurance the informant, O.P. No. 2, Nipun Mrinal, agreed to lease-out the land for a nominal rent. The informant was asked to give a Bank Guarantee and he furnished Bank guarantee of Rs. 4 lakh. The informant was given a post-dated cheque against the rent. The petitioners started working and they filled the well of the informant situated on the land. Later on the Company refused to give h...
The Secretary Mazdoor Sangathan Samiti of Bharat Coking Coal Ltd. Vs. ...
Court: Jharkhand
Decided on: Jan-08-2003
Reported in: [2004(1)JCR317(Jhr)]
1. Smt. Dulali Jaswarin and Smt. Sukri Rajwarin were permanent employees of Katras-Choitudih Colliery of M/s Bharat Coking Coal Limited (for short 'BCCL') situated within Katras Project Area and were working as Wagon Loader.2. In the year 1985, the Management of M/s. BCCL adopted voluntary retirement scheme to its female employees, and issued a circular inviting applications with the terms and conditions for employment to their dependents in their place, who had not exceeded the age of 56 years on the date of application.3. The aforesaid two female workers, under the provisions of aforesaid scheme expressed their willingness to retire voluntarily. The Management neither considered their application on 31.5.1985 nor took any decision in the matter and consequently both of them continued to work till they attained their age of superannuation, i.e, 60 years and after such continuous service both of them retired in the year 1991.4. On behalf of those two female workers, after their retirem...
New India Assurance Co. Ltd. Vs. Munki Devi and ors.
Court: Jharkhand
Decided on: Jan-08-2003
Reported in: II(2004)ACC779
V.K. Gupta, C.J.1. Heard.2. Delay in filing the appeal is condoned and the appeal is taken up for consideration.3. The only point urged on behalf of the appellant-Insurance Company is that the income of the deceased was taken at Rs. 2,000/- per month on the basis of the evidence, but as per the Minimum Wages Act, it should have been taken at Rs. 1,032.20 per month. We are afraid, we cannot look into the Minimum Wages Act for the purpose of determining as to what wages was actually being paid/earned by the deceased. It has clearly come in the evidence that the deceased was getting Rs. 2,000/- per month as Khalasi of the truck and in that view of the matter, we do not find any merit in this appeal.4. This appeal is dismissed....
Narayan Hazra Vs. the State of Bihar
Court: Jharkhand
Decided on: Jan-07-2003
Reported in: [2003(1)JCR425(Jhr)]
Vishnudeo Narayan, J. 1. This appeal has been directed by the sole appellant named above against the impugned judgment and order dated 10th February, 1999 and 11th February, 1999 respectively passed by Shri D.N. Upadhyay, 1st Additional Sessions Judge, Giridih in S.T. No. 225 of 1996 whereby and whereunder the appellant was found guilty for the offence punishable under Section 302 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life.2. The prosecution case has arisen on the basis of the fardbeyan (Ext. 2) of PW 4, the informant, Ganesh Hazra son of Lekho Hazra, the deceased of this case, recorded by S.I., Rajiv Singh of Jamua P.S. on 23.4.1996 at 9.30 hours at village Merho Chaprakho, P.S. Jamua, District Giridih regarding the occurrence which is said to have taken place on 22.4.1996 at 11.30 p.m. adjacent the house of the deceased in village Merho Chaprakho. The formal FIR was drawn on 23.4.1996 at 11.00 hours and the fardbeyan along with the formal FIR...
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