Jharkhand Court April 2003 Judgments
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Sushil Kumar Dubey and ors. Vs. the State of Jharkhand and anr.
Court: Jharkhand
Decided on: Apr-08-2003
Reported in: 2003(2)BLJR1243; II(2003)DMC706
Deoki Nandan Prasad, J.1. This Criminal Revision application is directed against the order dated 4-1-2003 passed by the Sub-Divisional Judicial Magistrate, Dhanabad by which the learned Magistrate rejected the application filed by the petitioners under Section 239 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for discharge in connection with Sindri P.S. Case No. 44 of 2001 corresponding to G.R. No. 1890 of 2001 registered under Sections 498A, 323/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.2. The brief facts of the prosecution case as stated that the marriage of petitioner No. 1 (Sushil Kumar Dubey) was solemnized with opposite party No. 2 (Kiran Dubey) on 25-1-1998 and after marriage, opposite party No. 2 went to her Sasural and stayed therefor one month. Thereafter, the accused persons started torturing her because of non-fulfilment of demand of dowry as they were demanding more money and also they were demanding one Computer a...
Ramhari Lal Srivastava and ors. Vs. Steel Authority of India Ltd. and ...
Court: Jharkhand
Decided on: Apr-08-2003
Reported in: [2003(3)JCR502(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard Mr. R. Krishna, learned counsel for the petitioners and Mr. Rajiv Ranjan, learned counsel for the respondent-Steel Authority of India Limited.2. Petitioners have filed this writ application seeking issuance of writ of mandamus commanding upon the respondents mainly respondent No. 2, Managing Director, Steel Authority of India Limited, Bokaro Steel Plant, Bokaro to release 210 acres of land to the Bokaro Steel Employees Co- operative House Construction Society Limited for developing housing colony for 351 non-plot holders employees of the aforesaid society.3. Petitioners' case is that respondents took resolution dated 8.5.1973 forallotment of 210 acres of land to theSociety. It is contended by the petitionersthat since 1973 petitioners have been approaching the respondent authority forrelease of 210 acres of land but the samehas not been released. Respondents in theircounter affidavit challenged the authority ofthe petitioners to file writ petition inasmuchth...
Khiru Rabidas Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-08-2003
Reported in: 2003CriLJ3658; I(2004)DMC539
Deoki Nandan Prasad, J.1. This criminal appeal is directed against the judgment dated 27-11-2000, whereby and whereunder the learned Additional Sessions Judge, Bermo at Tenughat convicted the appellant under Section 304B of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of nine years in connection with Sessions Trial No. 100 of 1997.2. Prosecution case as alleged that one Suresh Ravidas lodged a First Information Report alleging therein that his sister Basanti Devi was married with the appellant-Khiru Ravidas and she was residing at her Sasural along with the accused persons peacefully, but later on they started torturing her and whenever she came to her Naihar she narrated the incident about torturing. The accused persons also used to assault her and were not supplying even food, oil and cloth to her. There was also Panchayati held and the accused persons were asked to keep his sister peacefully. On the basis of which his sister was take to her S...
Rajiw Kumar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-07-2003
Reported in: [2003(3)JCR20(Jhr)]
S.J. Mukhopadhaya, J. 1. This application has been preferred by the petitioner against Advertisement No. 3/02-03 published by the Jharkhand Public Service Commission, Ranchi (JPSC), in newspaper 'Prabhat Khabar' on 21st August, 2002 so far it relates to appointment the post of Director of Fisheries, Fisheries Department. By the aforesaid Advertisement applications have been called for from the persons within the age group of 55 years having requisite qualification of MSc (Fisheries), published research papers or Essay having 20 years of experience, for appointment against the post of Director, Fisheries in the pay scale of Rs. 12000-16500/-.2. The main plea taken by the petitioner is that the post of Director of Fisheries is a promotional post of Class-I Officers of Fisheries Department and cannot be filled up by direct recruitment. On the other hand, according to the respondents, the post can be filled up by direct recruitment.The only question to be determined in this case is whether...
Dalia Devi and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Apr-07-2003
Reported in: [2003(2)JCR690(Jhr)]
M.Y. Eqbal, J.1. Heard Mr. L.K. Lal, learned counsel for the petitioners and the learned G.P.II.2. In this writ application petitioners have prayed for quashing the order dated 29.1.93 passed by respondent No. 2 Circle Officer, Jamua in the district of Giridih in Basgit Parcha Case No. 3 of 1992-93 by which he has ordered to prepare a Basgit Parcha in the name of respondent No. 3.3. Petitioners' case is that the land lord of village Bolodih settled 43 decimals of land of plot No. 540.83 decimals of land of plot No. 447 of Khata No. 42 with the petitioner and his brother Sukar Kumhar and put them in possession of the same. After settlement, petitioner has been paying rent to the State of Bihar. Petitioners alleged to have constructed a house over a portion of the said land residing therein. It is contended that respondent No. 3 who is distant relation of the petitioner applied before the Circle Officer for settlement of 12 decimals of land out of plot No. 958 of Khata No. 42 situated at...
Md. Zaul Mian and anr. Vs. Md. Shamim and anr.
Court: Jharkhand
Decided on: Apr-07-2003
Reported in: [2003(3)JCR398(Jhr)]
ORDER1. The defendants in TS No. 73/1983 on the file of the Subordinate Judge 2nd Court at Dhanbad are the appellants in this Letters Patent Appeal. The plaintiffs, the respondents herein, filed the suit, inter alia, for a declaration of their title over plaint. A schedule including the plaint B schedule structure and for recovery of possession on the plea that the B Schedule structure had been let out to the first defendant by their assignor Saleem Ansari in the alternative, the plaintiffs claimed recovery of possession on the strength of their title, According to the plaintiffs, the plaint. A Schedule property was obtained by one Abdul Gani on a partition between himself and his brothers. On the death of Abdul Gani. the property devolved on his four sons including Fashi Ahmad and Nabi Hussain. There was a partition among the four brothers, the sons of Abdul Gani and Schedule A property was allotted to the share of Fashi Ahmad. Fashi Ahmad sold the property to one Saleem Ansari and hi...
Bhola Nath Tiwari and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Apr-07-2003
Reported in: [2003(3)JCR332(Jhr)]
ORDERM.Y. Eqbal, J.1. The petitioners seek appropriate direction upon the respondents not to dispossess them forcibly and illegally from their occupancy holdings comprised within C.S. Plot No. 105 under Khata No. 383 corresponding to new- survey plot Nos. 149 and 149/3355 of village Harinamar, P.S. Chainpur, District-Palamau and also for payment of suitable compensation for causing loss and Injury to the said land and depriving them from the agricultural produce.2. From reading the affidavits filed by the parties the facts which emerge are that the aforesaid land was recorded in C.S. records of right as Gairmazurua malik land in the name of Samilat Malikan. In the year 1992, by virtue of a partition in suit No. 15/1922 and in terms of Batwaraship the land in question was allotted to Jaghdeo Tiwari and others. In 1948 by virtue of a notification issued under the Bihar Private Protected Forest Act the plot In question was shown as private forest. Against the said notification the predece...
Smt. Pratima Pradhan Vs. Presiding Officer-cum-authority Labour Court ...
Court: Jharkhand
Decided on: Apr-07-2003
Reported in: [2003(3)JCR395(Jhr)]
ORDER1. Heard both sides.2. The petitioner, a teacher in the school of Respondent No. 2, challenges the decision of the Presiding Officer-cum-Authority, Labour Court, Jamshedpur in BSE Case No. 11 of 1985 under Section 26 of the Bihar Shops and Establishment Act, 1953 in so far as it relates to the punishment imposed on her by that Authority, The litigation has had a chequered career.3. The petitioner was removed from service on 8.7.1985 on being found guilty of misappropriation of funds. She challenged that order before the Appellate Authority under Act. That Authority set aside the order of the Management and by order dated 6.2.1989, directed her reinstatement with back wages. That order of the Appellate Authority was challenged in this Court by the Respondent No. 2. Though, this Court accepted the case of the petitioner that the finding of misappropriation of funds was not justified, it held that she was guilty of misconduct as was guilty of habitual negligence in work. The High Cou...
Managing Committee of Delhi Public School and anr. Vs. Manoranjan Pras ...
Court: Jharkhand
Decided on: Apr-07-2003
Reported in: [2003(4)JCR300(Jhr)]
Gurusharan Sharma J.1. The defendants are appellants. Plaintiffs suit for declaration that termination of his services as a teacher of Delhi Public School, Ranchi, was illegal, was dismissed. However, appeal filed by him was allowed in part and his removal from service was held to be arbitrary and in violation of natural Justice.2. Delhi Public School Society (hereinafter referred to as 'the Society') is a society registered under the Societies Registration Act. 1860. Its object is to establish progressive schools and other educational institutions in Delhi or outside Delhi and impart sound and liberal education.3. An agreement dated 6.1.1989 was entered into between the Research and Development Center for Iron and Steel, Ranchi (in short the 'RDCIS', an unit of Steel Authority of India Limited (in short 'the SAIL) a company incorporated under the Companies Act, 1956 and the society regarding setting up of an English medium School in the township of the RDCIS at Ranchi in the name of D...
Pyare Darbey and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-03-2003
Reported in: [2003(2)JCR674(Jhr)]
Vishnudeo Narayan, J.1. This appeal has been preferred by the appellants named above against the impugned judgment and order dated 27.9.2001 passed by Shri Satya Prakash, 2nd Additional Sessions Judge, Dumka in Sessions Case No. 274 of 1995 whereby and whereunder they were found guilty and convicted under Section 302/34 of the Indian Penal Code and they were sentence to undergo R.I. for life and appellant No. 1 Pyare Darbey and appellant No. 2, Doha Darbey were also further found guilty under Section 325 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for five years. Co-accused Tumo Devi has also been found guilty for offence under Section 323 of the Indian Penal Code and she was convicted and sentenced to undergo imprisonment to the period already gone by her in custody. However, co-accused Tumo Devi has not filed any appeal against the impugned judgment.2. The prosecution case has arisen on the basis of the FIR (Ext. 5) of PW 9 Manti Kuwar, the son of S...
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