Jharkhand Court December 2003 Judgments
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Lal Mohan Rai and ors. Vs. State of Bihar
Court: Jharkhand
Decided on: Dec-02-2003
Reported in: [2004(4)JCR771(Jhr)]
Hari Shankar Prasad, J.1. This appeal is directed against the judgment dated 20.3.1996 and order of sentence dated 23.5.1996 passed in Sessions Trial No. 115/94/38/94, whereby and whereunder the learned First Additional Sessions Judge. Dumka convicted and sentenced the appellants to undergo RI for life Under Sections 302/149, IPC and appellants Lal Mohan Rai. Sahdeo Rai, Koka Rai @ America Rai and Badari Rai were further sentenced to undergo RI for two years for the offence Under Section 148, IPC and other six appellants, namely, Bindu Rai @ Bhatku Rai, Bulu Rai @ Birbal Rai, Kashi Rai, Anil Rai. Nehru Rai and Dukhan Rai were sentenced to undergo RI for one year for the offence Under Section 147, IPC but sentences were directed to run concurrent.2. The prosecution case in brief is that Prabhu Rai gave a fardbeyan on 15.11.1993 at 7.30 pm in Masalia Hospital before S.P. Singh, SI of Masalia PS in injured condition that on the same day at 10 a.m. Badri Rai, Koka Rai, Nehru Rai, Bhat- ku ...
Purushottam Kumar Jha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-02-2003
Reported in: 2004(52)BLJR149; [2004(1)JCR285(Jhr)]
Vishnudeo Narayan, J.1. This is an appeal under Clause 10 of the Letters Patent directed against the Judgment dated 14.07.2003 by the learned Single Judge of this Court passed in WP (S) No. 711 of 2003, whereby the prayer of the petitioner-appellant for quashing the order dated 06.01.2003 (Annexure 28/A to the writ petition which is Annexure 10 in this appeal) passed by respondent No. 5 Registrar, Co-operative societies, Jharkhand, Ranchi by virtue of which he was compulsorily retired by way of punishment in a disciplinary proceeding has been refused and the said writ petition was dismissed.2. The learned Single Judge in para 5 of the impugned Judgment while dismissing the writ petition has observed thus :'From perusal of the affidavits it transpire that the departmental proceeding was conducted and the inquiry report was submitted by the Inquiry Officer. Taking into consideration that the charges against the petitioner were prima facie proved, the impugned order of compulsory retireme...
Sanwar Mal Agarwal @ Sanwar Mal Bansal Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-01-2003
Reported in: [2004(1)JCR191(Jhr)]
ORDER1. The present appeal arises out of the order passed under provisions of Bihar Public Land Encroachment Act, 1956.2. Admittedly, Plot Nos. 1058 and 1139 having total area of 17.99 acres stood recorded in the Khatiyan as Gair Abad Malik, Chandra Mohan Singh of Nagarkiyari estate was the landlord thereof. In respect of the said milkiyat. Title Suit No. 450 of 1934 was pending wherein one Hemendra Chandra Mallik, Advocate was appointed Receiver. 3. It is said that during pendency of the said suit, after obtaining necessary permission of the Court, the said Receiver on 7.12.1944, executed a registered permanent lease-patta and made raiyati settlement of those Gair Abad Malik lands in favour of one Bhagwati Prasad Khaitan, whose name was mutated on 14.3.1945 as raiyat thereof.4. By virtue of the aforesaid settlement, nature of the land changed from Gair Abad Malik to raiyati. Consequently, the said land did not vest into the State Government, under the provisions of the Bihar Land Refo...
Khedu Mandal Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Dec-01-2003
Reported in: 2004(1)BLJR126
Vikramaditya Prasad, J. 1. This appeal is directed against the judgment of conviction and sentence passed in ST. No. 33/97, wherein the learned Sessions Judge convicted the appellant for the offence under Section 304, Part I and 307, IPC and sentenced him to undergo R.I. for 7 years on each count with fine of Rs. 500/- for the offence under Section 307 and in default, to undergo R.I. for one month.2. The prosecution case shortly stated as per the FIR is that on 25.10.1996 at about 7.00 a.m. while deceased Sarju Mandal was constructing a wall with the help of mud on his land and accused Khedu Mandal and his son Mathura Mandal were scraping grass in order to prepare khalihan on the adjacent land, the youngest son of the informant, due to his illness, had come to discharge stool over the adjacent land belonging to the informant, the accused Khedu Mandal and Mathura Mandal started abusing Sarju Mandal and thereafter, Sarju Mandal was further assaulted by means of spade on his head by the a...
Dr. Yogendra Roy Vs. Ranchi University and ors.
Court: Jharkhand
Decided on: Dec-01-2003
Reported in: [2004(1)JCR654(Jhr)]
Amareshwar Sahay, J.1. In this writ application the petitioner, who was a University Professor working in J.N. College Daruwa, Ranchi., has challenged the Annexure-4 i.e. notification issued by the Registrar Ranchi University dated 4.6.1997 whereby several teachers, who were given time bound promotion on Adhoc/Provisional basis, were reverted back to the post of the Readers including the petitioner whose name figures at page 3 of Annexure-4 in the subject of the Chemistry at serial No. 3.2. It is stated on behalf of the petitioner that he was appointed as Lecturer on 15.11.1972 in the subject of Chemistry under the respondent No. 1 and he was given promotion to the post of Reader by order dated 31.12.1987 w.e.f. 1.2.1985.3. Subsequently by order dated 9.4.1990 as contained in Annexure-3 to the writ application the petitioner was further promoted to the post of University Professor w.e.f. 15.11.1998 under 16 years promotion scheme (Time Bound Promotion). It is further stated that the pe...
Birjhan Sao Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Dec-01-2003
Reported in: 2004(1)BLJR446; 2004CriLJ1519
Vikramaditya Prasad, J.1. This appeal is directed against the conviction and sentence passed in S.T. No. 33/97, whereby the learned Sessions Judge convicted the appellant for an offence under Section 376, IPC and sentenced him to undergo R.I. for 10 years.2. The prosecution case shortly stated as per the fardbeyan, Ext. 1, of Guddi Kumari aged about ten years recorded at the Government hospital had gone for grazing the cattle as usual near Pandadariya Ghurghutti where Birjhan Sao and Bhagwati Devi were also present with their cattle. At noon Bhagwati Devi returned to home for lunch as also for bringing lunch for the victim. Later on after taking meal, she separated from Bhagwati for grazing the cattle and at this moment, Birjhan Sao forcefully raped her in a Rahar field and fled away. Blood oozed. Thereafter she was returning, home, when she met Bhagwati Devi to whom she narrated the incident when she advised her to go home. The victim narrated the incident to the parents and the perso...
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