Jharkhand Court April 2003 Judgments
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Baljit Singh Bedi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-25-2003
Reported in: 2003(2)BLJR1554; [2003(3)JCR312(Jhr)]
Vishnudeo Narayan, J.1. In this writ application filed under Article 226 of the Constitution of India the petitioner has sought for a direction against Respondent No. 6 to auction Keshare Hind Land recorded in the Survey Record of Rights bearing Khata No. 358, Plot No. 1178 having an area of 7.32 acres situate at Ramgarh in pursuance of the Auction Notice No. P/4/29 dated 13.6.2002 published in the dally newspaper 'Hindustan' dated 8th November, 2002, regarding proposed and under construction shops over the same and also direction to Respondent Nos. 1 to 4 to get the encroachment removed over the said land.2. The brief facts leading to the filing of this application are that R.S. Plot No. 1178 appertaining to Khata No. 358 having an area of 7.32 acres situate at Ramgarh is Keshare Hind Land recorded as such in the Khatiyan and the said land has not been settled by the Government in favour of Ramgarh Cantonment Board and as such Executive Officer of Ramgarh Cantonment Board has got no r...
National Insurance Company Ltd. Vs. Ashok Kumar Chauhan and ors.
Court: Jharkhand
Decided on: Apr-25-2003
Reported in: 2005ACJ110; 2003(2)BLJR1213; [2003(3)JCR683(Jhr)]
Gurusharan Sharma and Amareshwar Sahay, JJ.1. On 10-5-1991, Ashok Kumar Chauhan, son of Bhaiya Chandra Kishore Nath Sah of village Oaina, while on the way of Lohardaga on a motor cycle (BR-14 S-1045) along with pillion rider Sri Manoj Kumar Singh got proper signal from driver of the bus (BR-14 H-6008 going ahead but while overtaking, the said bus all of a sudden dashed the motor cycle Meanwhile an auto-rickshaw (BR-14 A-1771) came from opposite direction in a rash and negligent manner and at excessive speed and further dashed the motor cycle and thereafter, the bus again dashed it. It this process both the occupants of motorcycle received injuries.2. Ashok Kumar Chauhan sustained fracture in his right leg and filed application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act') for compensation which was registered as Compensation Case No. 128 of 1991, before the Judicial Commissioner, Ranchi. The United India Insurance Company Limited, Main R...
Man Singh, Partnership Firm Vs. State of Jharkhand Through the Commiss ...
Court: Jharkhand
Decided on: Apr-25-2003
Reported in: [2003(3)JCR333(Jhr)]; [2006]143STC6(Jharkh)
ORDER1. The petitioner, an assessee under the Bihar Sales Tax Act, challenges the order of assessment in respect of a contract entered into by him with the Tata Iron and Steel Company Ltd. The concerned assessment year is 1991-92. The assessee is a works contractor. The assessment was completed by the Sales Tax Officer by Annexure-1, whereby he treated a sum of Rs. 52,83,340.03, out of the total sales turnover of Rs. 1,20.57,701.96, as a taxable turnover. In other words, he deducted a sum of Rs. 62,44,622.02 as not taxable in terms of the decision of the Supreme Court in Builders' Association of India v. State of Karnataka, 88 STC 248. The assessee filed an appeal before the Appellate Authority by contending that a sum of Rs. 96,08,876.42 should have been deducted as amount of labour and other charges out of the total turnover and the assessing authority was in error in considering the matter under Rule 13 A of the Bihar Sales Tax Rules, 1983. The Appellate Authority held that the asse...
Mithila Sahakari Grih Nirman Sahyog Samitee Ltd. Vs. the State of Jhar ...
Court: Jharkhand
Decided on: Apr-25-2003
Reported in: 2003(2)BLJR1232
M.Y. Eqbal, J.1. This writ application is directed against the order dated 3-6-2002 and the order dated 2-7-2002 passed by the Deputy Commissioner and the Commissioner, Sought Chotanagpur Division, Ranchi, whereby proceeding for cancellation of settlement of land in question has been decided against the petitioner.2. Petitioner's case is that one Jagdish Prasanna Nath Sahadeo was the recorded Khewatdar of lands of Khata No. 119 and Khata No. 113 of Village-Bazra, P.S. Ranchi now Sukhdeo Nagar. The said landlord settled 22.75 acres of land comprised within R.S. Plot No. 226 under Khata No. 119 and 9.18 acres comprised within R.S. Plot No. 228 of Khata No. 113 in favour of Ishwar Dayal Singh by delivery possession followed by a Hukumnama dated 2-2-1952. The said Ishwar Dayal Singh said to have paid rent to the ex-landlord who after vesting of the ex-ntermediary interest under the Provisions of Bihar Land Reforms Act, 1950, filed return in which Ishwar Dayal Singh was shown settlee in res...
Mithila Sahakari Grih Nirman Sahyog Samitee Ltd. Vs. State of Jharkhan ...
Court: Jharkhand
Decided on: Apr-25-2003
Reported in: [2003(3)JCR336(Jhr)]
ORDERM.Y. Eqbal, J. 1. This writ application is directed against the order dated 3.6.2002 and the order dated 2.7.2002 passed by the Deputy Commissioner and the Commissioner, South Chotanagpur Division, Ranchi whereby proceeding for cancellation of settlement of land in question has been decided against the petitioner.2. Petitioner's case is that one Jag-dish Prasanna Nath Sahadeo was the recorded Khewatdar of lands of Khata No. 119 and Khata No. 113 of village-Bazra, P.S. Ranchi now Sukhdeo Nagar. The said landlord settled 22.75 acres of land-comprised within R.S. Plot No. 226 under Khata No. 119 and 9.18 acres comprised within R.S. Plot No. 228 of Khata No. 113 in favour of Ishwar Dayal Singh by delivery possession followed by a hukumnama dated 2.2.1952. The said Ishwar Dayal Singh said to have paid rent to the ex-landlord who after vesting of the ex-intermediary interest under the Provisions of Bihar Land Reforms Act, 1950, filed return in which Ishwar Dayal Singh was shown settlee ...
Ravi Dutt Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Apr-24-2003
Reported in: [2003(2)JCR622(Jhr)]
Tapen Sen, J. 1. Heard Mr. Anil Kumar Sinha, learned Senior Advocate for the Petitioner and Mrs. Sheela Prasad, learned Additional Central Government Standing Counsel for the Respondents. 2. The petitioner in the instant case has prayed for quashing the Annexures-11 and 12. Annexure 11 is the order dated 20.8.2991 passed by the Commandant-cum-Disciplinary Authority of the Central Industrial Security Force, Bokaro Steel Plant (respondent No. 4), whereby and whereunder the punishment of removal from service has been inflicted upon the petitioner. Annexure 12, on the other hand, is the order dated 19.11.2001 passed by the Deputy Inspector General, Central Industrial Security Force (respondent No. 3) rejecting the appeal and confirming the order passed by the disciplinary authority vide Annexure 11. 3. The facts presented in this case show an extremely arrogant state of mind prevailing in the concerned respondents. By Annexure-1, a memorandum dated 30.3.2000 was issued by the Deputy Comman...
Harballava Chandra Prasad Vs. the State of Jharkhand and Ajay Kumar Si ...
Court: Jharkhand
Decided on: Apr-24-2003
Reported in: 2003(2)BLJR1206
ORDERHari Shankar Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the order dated 22-7-2002 whereby the learned Court below below has taken cognizance under Sections 323 and 379/341 PC.2. Prosecution case in brief is that O.P. No. 2 Ajay Kumar Sinha filed a complaint petition in the Court of learned Chief Judicial Magistrate, Ranchi against the petitioner and two others under Sections 452, 323 and 379 of the Indian Penal Code for occurrence dated 5-5-2002 at 3.00 p.m. alleging therein that complainant is the son-in-law of the petitioner and that on 5-5-2002 at about 3.00 p.m., petitioner along with two other accused persons in a Maruti Van cam to the house of the complainant and told him that they have come to take the wife and children of the complainant because there was marriage of Saali of the complainant in the house of accused persons. The daughter of the complainant who was aged six years old and was a student o...
The New India Assurance Company Ltd. Vs. Jyotilal Mahato and anr.
Court: Jharkhand
Decided on: Apr-24-2003
Reported in: 2004ACJ1935; [2003(3)JCR75(Jhr)]
ORDER1. Jyotilal Mahato son of Jagarnath Mahato, a resident of Saraidhela, Mahato Colony, Dhanbad sustained injuries in a motor accident on 2.2.1995. On an application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act'), Title (M.V.) Suit No. 84 of 1995 was registered before the Motor Vehicle Accident Claims Tribunal, Dhanbad. In the said proceeding the Tribunal assessed total amount of Rs. 98,416/- payable as compensation Lo him.2. The Insurer of the truck (UMU 4691) involved in the accident has filed the present Appeal under Section 173 of the Act, challenging direction of the Tribunal to the Insurance Company to indemnify owner's liability for payment of compensation.3. According to the Insurance Company, the driver of the truck had a forged and fake driving license and as such the Insurance Company was not liable to pay the compensation amount. This fact was neither pleaded nor supported by evidence by the Insurance Company before the Trib...
Narayan Lahri Vs. the State of Bihar
Court: Jharkhand
Decided on: Apr-24-2003
Reported in: 2003(2)BLJR1126
Hari Shankar Prasad, J.1. The sole appellant namely Narayan Lahri has filed this appeal against the judgment dated 3-12-99 and order of sentence dated 6-12-99 passed in Sessions Trial No. 119 of 1997 corresponding to G.R. No. 4357 of 1996 arising out of Burmu P.S. Case No. 55 of 1996 whereby the appellant was found guilty under Sections 376, 452, 387 and 323 IPC and the appellant was convicted to undergo R. I. for seven (7) years under Section 376, five (5) years each under Section 452 and 387 and further for six (6) months under Section 323 IPC and sentences were directed to run concurrently.2. Prosecution case in brief is that one Shanti Devi on the alleged date and time of occurrence was alone in her house and the appellant entered her house, demanded money as Rangadari tax and snatched gold earrings and Rs. 4,000/- and when the protested about the same, then he threw her on the ground and committed rape on her. After commission of rape, she raised alarm whereupon witnesses turned u...
Narayan Lahri Vs. State of Bihar
Court: Jharkhand
Decided on: Apr-24-2003
Reported in: [2003(3)JCR87(Jhr)]
Hari Shankar Prasad, J.1. The sole appellant namely Narayan Lahri has filed this appeal against the judgment dated 3.12.1999 and order of sentence dated 6.12.1999 passed in Sessions Trial No. 119 of 1997 corresponding to G.R., No. 4357 of 1996 arising out of Burmu P.S. .Case NO. 55 of 1996 whereby the appellant was found guilty under Sections 376, 452, 387 and 323, IPC and the appellant was convicted to undergo R.I. for seven (7) years under Section 376, five (5) years each' under Sections 452 and 387 and further six (6) months under Section 323. IPC and sentences were directed to run concurrently.2. Prosecution case in brief is that one Shanti Devi on the alleged date and time of occurrence was alone in her house and the appellant entered her house demanded money as Rangadari tax and snatched gold earrings and Rs. 4.000/- and when she protested, about the same, then he threw her on the ground and committed rape on her. After commission of rape, she raised alarm whereupon witnesses tur...
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