Jharkhand Court April 2003 Judgments
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Rameshwar Vs. Presiding Officer and anr.
Court: Jharkhand
Decided on: Apr-03-2003
Reported in: [2003(3)JCR345(Jhr)]
Tapen Sen, J.1. Heard Mr. Delip Jerath, learned counsel for the petitioner and Mr. Krishna Bahadue Sinha Sr. Advocate assisted by Mr. S. Piprawal and Mr. Amitabh for the respondent No. 2 Mr. Sarvendra Kumar represents the respondent No. 1, which is formal party.2. The petitioner, who is the concerned workman has prayed for quashing a portion of the Award passed by the Respondent No. 1 on 4.11.1995 in Reference Case No. 11 of 1989 whereby and whereunder he has disallowed back wages to him. The petitioner joined the services of the respondent No. 2 Company as Mason on 18.9.1994 in the Refractories Maintenance Department. On 13.7.1985, he was served with a charge-sheet (Annexure-1) by which the petitioner was asked to show cause as to why disciplinary action be not taken against him for having committed the following misconduct.'It has been reported that you have encroached upon Company's vacant land measuring 1900 sq. ft. approx near Vivekanand School, Bhuyadih within R.S. Plot No. 2244 ...
State Bank of India Vs. Hanuma Tiomber Trading Company and ors.
Court: Jharkhand
Decided on: Apr-03-2003
Reported in: I(2004)BC259; 2003(2)BLJR1240; [2003(3)JCR676(Jhr)]
M.Y. Eqbal, J.1. The appeal is directed against the order dated 28-9-1999 passed by Subordinate Judge VIM Ranchi in Miscellaneous Case No. 12/95 whereby he has dismissed Miscellaneous Case No. 12/95 which was filed by the petitioner Bank for restoration of Title Suit No. 124-A of 1979.2. The petitioner Bank filed the aforementioned suit against the opposite parties for realization for a sum of Rs. 4,72,472.79/- and also for mortgage decree in respect of the mortgaged property. It appears that after service of summons the defendants opposite party appeared and filed their written statement. On 27-4-1993 this suit was dismissed for default for non-appearance on behalf of the petitioner bank. The petitioner then filed application under Order IX, Rule 9, CPC for restoration of the said suit on the ground inter alia, that because of the illness of the Counsel for the Bank and also because of the fact that Counsel who was in charge of the brief was under gone major operation and ultimately h...
Tula Sardar Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-02-2003
Reported in: 2003(51)BLJR858; [2003(2)JCR440(Jhr)]
Lakshman Uraon, J. 1. This criminal appeal is directed against the judgment and order dated 26.3.1999 passed by Shri S.H. Kazmi, 3rd Addl. Sessions Judge, Jamshedpur in ST No. 82/1994, whereby and where under, the appellant, Tula Sardar, has been convicted under Section 302, IPC and sentenced to undergo imprisonment for life. 2. The prosecution case is based on the fardbeyan of Keshawati Sardarin, PW 3, daughter of the deceased, recorded at Hansa Dungli by the SI, S. Pd, Officer-in-Charge of Potka P.S., on 3.8.1993 at 16 Hrs. in which the informant alleged that on that date at about 11 a.m. her mother, Surajmani Sardarin, had gone to Lalu Chuandungri, situated at distance of 500 yards from her house, to dry paddy on the rock taking bamboo bucket, paddy, umbrella, broom and one day to cut grass for the cattle. The informant was sitting in front of the tiled house of Atisar Sardar in the village. After sometimes she saw PW 4, Binni Bhumij, wife of Lakhan Bhumij, PW 5, Srimati Bhumij, wif...
Jasim Mian and anr. and Vs. State of Bihar
Court: Jharkhand
Decided on: Apr-02-2003
Reported in: [2003(2)JCR491(Jhr)]
ORDERLakshman Uraon, J.1. Appellants Jasim Mian and Mokhtar Mian in Cr. Appeal No. 288 of 2000 (R) and appellants Aziruddin Mian alias Azharuddin Mian, Ayub Mian, Khurshid Mian, Anwar Mian and Abdul Mian alias Dulla Mian in Cr. Appeal No. 289 of 2000 (R) have preferred these appeals against the judgment and order of conviction and sentence dated 10th July, 2000 and 12th July, 2000 respectively, passed by Smt. Vidyut Prabha Singh, learned 2nd Additional Sessions Judge, Hazaribagh, in Sessions Trial No. 485 of 1998, whereby and whereunder, the appellants have been convicted under Sections 302/34 and 201/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life for the offence under Section 302/34 of the Indian Penal Code and to pay a fine of Rs. 5,000/- (five thousand) each and in default of payment of line, to undergo rigorous imprisonment for three years, with a direction that half of the realized fine will be paid to the informant Bina Devi. The learned 2nd A...
Ajay Kumar Pandey and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-02-2003
Reported in: [2003(2)JCR433(Jhr)]
1. The petitioners herein have prayed for quashing Annexure-1 which is the final gradation list issued on 14.2.2001 as also Annexure-4 which is the Notification dated 2.5.2001 by which several Assistant Engineers who were junior to the Petitioners have been promoted and posted in the current charge of Executive Engineers without separation of cadre. The petitioners have also prayed for a direction upon the State of Bihar (Respondent No. 1) to prepare the final gradation list of Assistant Engineers appointed on 25.1.1979 in the Bihar Engineering Service Class II posts as per their age on account of the fact that they have entered into service on the same day and also on account of the direction issued by the Patna High Court vide An-nexure-2 which, according to the petitioners, was affirmed upto the Supreme Court. They have further made a prayer that their cadre should be separated in accordance with law.2. By an Amendment Application, the Petitioner have stated that this Writ Petition ...
Parmeshwar Kol and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-02-2003
Reported in: [2003(2)JCR455(Jhr)]
Lakshman Uraon, J.1. Appellants in both the Criminal Appeals have been convicted under Sections 302/149 of the Indian Penal Code and sentenced to undergo R.I. for life. They have also been convicted under Section 452 of the IPC, Appellants Kaila Kol and Bhageshwar Kol (in Cr. Appeal No. 308 of 1995) were further convicted under Section 148 of the IPC and further the rest three appellants (in Cr. Appeal No. 278 of 1995) were convicted under Section 147 and 323, IPC. Appellant Bhageshwar Kol was further convicted under Section 326 of the IPC. However, no separate sentence was passed against the appellants under Sections 147, 323, 552 and 326, IPC. Both these Criminal Appeals arise out of the same order of conviction and sentence dated 1.9.1995 passed in Sessions Trial No. 4 of 1993 by 3rd Additional sessions Judge, Deoghar. Hence both these appeals are being disposed of by a common judgment by this Court.2. The basis of the prosecution case is the fardbeyan (Ext. 6) of Etwari Kol recorde...
Rambriksha Bhuian Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-02-2003
Reported in: 2003(51)BLJR885; [2003(2)JCR450(Jhr)]
Lakshman Uraon, J. 1. The appellant has preferred this appeal against the judgment and order of conviction and sentence dated 9.2.1996 and 13.2.1996 respectively passed in ST No. 45/1983 by Shri R.N.R. Mahto, 1st Addl. Sessions Judge, Dhanbad, whereby and whereunder, the appellant has been convicted under Sections 3 and 5 of the Explosive Substances Act and sentenced to undergo imprisonment for life, under Section 25(1a) of the Arms Act to undergo rigorous imprisonment for five years and under Section 304A of the IPC to undergo rigorous imprisonment for two years. However, the learned 1st Addl. Sessions Judge directed that all the sentences shall run concurrently.2. The prosecution case was initiated on the written information (Ext. 1) of Prabhunath Singh, ASI of Sonardih O.P., addressed to the Officer-in-Charge, Baghmara P.S., in which he Informed that on 6.2.1981 at 9 a.m. he heard rumour that there was bomb-explosion at Dharmabandh colliery near Khilanghora Hospital in the house of ...
R.A. Sharma and ors. Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Apr-02-2003
Reported in: [2003(2)JCR601(Jhr)]
ORDER1. Heard both sides. 2. The petitioners have challenged the order of the Central Administrative Tribunal, Patna Bench to the extent it directed the respondents to pay Patient Care Allowance with effect from 15.05.1996. According to the petitioners, they are entitled to be paid the Patient Care Allowance with effect from 01.04.1987. 3. It is seen that the claim is based on a notification issued by the Government of India, Ministry of Health and Family Welfare. The petitioners are working in the Central Hospital under the Ministry of Labour. The petitioners were not being paid the allowance. They, therefore, approached the Central Administrative Tribunal, Patna Bench with O.A. No. 722 of 1995. Their complaint was that the allowance was not being paid to them according to the notification and the policy decision of the Government of India, Ministry of Health and Family Welfare. The respondents took the stand that the notification issued by the Ministry of Health was not ipso facto ap...
Ram Chandra Kandu and anr. Vs. Aditya Prasad, Manoj and Dinesh Prasad ...
Court: Jharkhand
Decided on: Apr-02-2003
Reported in: 2003(2)BLJR1033; [2003(3)JCR392(Jhr)]
P.K. Balasubramanyan, C.J. and R.K. Merathia, J. 1. Heard both sides. 2. The claimants who had filed the miscellaneous appeal are the appellants herein. They had challenged the decision of Motor Accident Claim Tribunal, Bermo at Tenughat in Title (M.V.) Claim Case No. 1 of 1997/11 of 1997, wherein the Tribunal had awarded the claimants-appellants, the father and mother of one deceased Santosh Kumar, a sum of Rs. 1,00,000/- (rupees one lac) as compensation along with interest at 12% per annum thereon from the date of application till payment. The learned Single Judge dismissed the appeal. 3. The deceased Santosh Kumar was aged about 22 years, when he died in an accident caused by a motor vehicle. At the relevant time, he was a student. The case of the claimants-appellants was that even though their son Santosh Kumar was a student, he was earning a sum of Rs. 2,000/- per month from tuition and out of the said amount, the deceased was maintaining himself and also contributing to the maint...
Brahma Deo Choudhary Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-02-2003
Reported in: [2003(2)JCR710b(Jhr)]
ORDERVikramaditya Prasad, J.1. Heard both the sides.2. When the petitioner was posted as Panchayat Sewak at Churchu Block in the distriet of Hazaribagh, certain allegations were received against him in the Public Cell Grievances that he has committed certain irregularities in course of preparation of Red Cards and also obtained illegal gratification at the time of distributing the same. Consequent to that a preliminary enquiry was conducted against him by the Additional Collector, Hazaribagh, and he had submitted his report to the Deputy Commissioner, Hazaribagh. Consequent to that following charges were submitted against the petitioner.(i) Illegal gratification of Rs. 20/- to Rs. 30/- was taken by the petitioner in course of preparation of the 'Red Cards' Rs. 10/- was taken at the time of taking application and Rs. 10/- was taken at the time of handing over the 'Red Cards'. (ii) The 'Red Cards' facilities were issued to the owners of the land of 4 to Acres even. 3. Then it appears tha...
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