Jharkhand Court April 2003 Judgments
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Madhu Munda and ors. Vs. State of Bihar
Court: Jharkhand
Decided on: Apr-24-2003
Reported in: [2003(3)JCR156(Jhr)]
Hari Shankar Prasad, J.1 This criminal appeal is directed against the judgment dated 3.7.1996 and order of conviction dated 5.7.1996 passed by the learned Additional Judicial Commissioner, Khunti in Sessions Trial No. 276/1986 corresponding to TR No. 159/1993, in which appellants were held guilty under Section 364, IPC and were accordingly convicted and sentenced to undergo R.I. for three years and to pay a fine of Rs. 2000/- each and in default of payment of fine to further undergo R.I. for three months.2. Prosecution case in brief is that Sagar Munda lodged a case with Khunti Police Station, on the basis of which Khunti P.S. Case No. 26/87 dated 5.4.1987 under Section 364, IPC was registered. On 5.4.1987 at about 8 p.m. Masih Munda, Hari Singh Munda, Bundu Munda, Madhu Munda, Champay Munda and Digwa Lohar came to the house of the informant and abused the mother of the informant and Madhu Munda, Bundu Munda, Masih Munda and Hari Singh Munda entered into the house of (sic) and dragged ...
Basu Barla Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-24-2003
Reported in: [2003(3)JCR385(Jhr)]
ORDER1. This appeal has been directed by the appellant named above against the judgment and order dated 29.6.1990 passed in ST No. 58 of 1983/375 of 1982 by Shri Shamsher Bahadur Singh, 1st Additional District and Sessions Judge, Gumla 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 RI for life. However, co-accused Ajgut Topno was found not guilty and acquitted in the said case.2. The prosecution case has arisen on the basis of the FIR (Ext. 3) of PW 1, Temse Barla, the informant recorded at 9.00 hours on 7.8.1982 regarding the occurrence which is said to have taken place on 6.8.1982 at 18.00 hours at village Turbultand Toli in which Basu Pahan is said to have been done to death.3. According to the prosecution case the informant PW 1 Tamse Barla was returning from Turbul Bazar in the company of Basu Pahan, the deceased of this case for his village Raiba and at about...
Niranjan Kumar Pandey Vs. Bank of India and anr.
Court: Jharkhand
Decided on: Apr-24-2003
Reported in: [2003(3)JCR352(Jhr)]
Tapen Sen, J.1. In this writ application the petitioner has prayed for quashing the order dated 20.12.1994 (Annexure-5) passed by the Regional Manager of the Bank whereby and whereunder the petitioner has been dismissed from service. The petitioner also prays for quashing the appellate order dated 28.8.1995 (Annexure-6) by which the appeal filed by the petitioner was rejected.2. According to the petitioner, a Memorandum was issued on 28.1.1993 communicating inter alia to the petitioner that as per order of the Chief Executive Officer of the bank passed on 17.8.1987, the departmental inquiry would be held against the petitioner. The charge-sheet has been brought on record through the supplementary affidavit filed on 19.1.1996 and from a perusal thereof it appears that the charges leveled against the petitioner was that while he was discharging his duties as a special assistant in the Hazaribagh Branch from 18.10.1984 he had committed certain alleged frauds on the Bank as a result of whi...
Dhaneshwar Pandey and anr. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Apr-24-2003
Reported in: [2003(3)JCR382(Jhr)]
Tapen Sen, J.1. In this Writ Application the two petitioners are aggrieved with the order dated 7.4.1998 (Annexure-11) passed by the respondent No. 2 cancelling the promotion of the petitioners without affording any opportunity of hearing and directing that they be reverted to the post of Assistant Plumber 'Mistri' from the post of Work Sarkar. They also pray for issuance of a writ of mandamus commanding upon the respondents to forbear from giving effect to or acting in pursuance of the said order.2. According to the petitioners they were initially appointed as khalasis in the year 1981 and their parent department was the Public Health Engineering Department. The petitioner No. 1 was posted as chowkidar in the Tamar Section while the petitioner No. 2 was posted in the Ratu Section at Bariatu. In the year 1982 the petitioner No. 2 was transferred to the Medical Section RMCH as khalasi.3. In the year 1983, the petitioner No. 1 was transferred to the Medical Section of the PHED at the RMC...
Ganesh Kumar Agarwal and anr. Vs. State of Bihar Through Secretary, Fo ...
Court: Jharkhand
Decided on: Apr-23-2003
Reported in: [2003(3)JCR827(Jhr)]
Tapen Sen, J.1. Heard Mr Shankar Lal Agrawal, learned counsel for the petitioners and Mr Pradip Modi, learned GP I for the State-Respondents.2. The Petitioners have prayed for quashing the order dated 29.12.1998 passed by the Deputy Commissioner, East Singhbhum at Jamshedpur (respondent No. 3) in Revenue Miscellaneous Confiscation Case No. 147 of 1998-99, by which he initiated proceeding for confiscating the seized articles under Section 6A of the Essential Commodities Act and issued notice to the Petitioners to show cause as to why the said articles be not confiscated under Section 6A of the Essential Commodities Act.3. According to the Petitioners, he is the owner of the goods while the Petitioner No. 2 is the owner of the truck, which, according to the informant/respondent No. 2, was flagged to stop for the purpose of an enquiry on receipt of an information about the goods loaded thereon. The driver of the truck produced a Road Permit issued in favour of M/s. Laxmi Traders, Dhalbhum...
Dr. Kailash Bihari Vs. Birla Institute of Technology and ors.
Court: Jharkhand
Decided on: Apr-23-2003
Reported in: [2006(1)JCR27(Jhr)]
ORDER1. Dr. Kailash Bihari retired on 30.11.2001 from the post of Assistant Professor, Mechanical Engineering, Birla Institute of Technology, Mesra, Ranchi. While in service, he was put under suspension on 16.9.1999 in contemplation of a departmental proceeding. By order dated 8.10.1999 an Advocate was appointed as Enquiry Officer. The delinquent filed representation dated 27.11.1999 challenging appointment of an Advocate as the Enquiry Officer, but the same was not considered. Hence, he filed CWJC No. 20 of 2000 (R) in this Court challenging the jurisdiction and powers of the Vice-Chancellor, who has suspended him. According to him, such power was vested with the Board of Governors of the Institute. It was alleged that action of the Vice-Chancellor was mala fide.2. The learned single Judge by impugned order dated 29.11.2001 disposed of the writ application holding that the Vice-Chancellor had jurisdiction to place the appellant under suspension and, therefore, his suspension order was...
J.N. Singh Vs. State of Jharkhand Through Cbi
Court: Jharkhand
Decided on: Apr-22-2003
Reported in: 2003(51)BLJR1013; [2003(2)JCR646(Jhr)]
ORDERDeokinandan Prasad, J. 1. This application (I.A. No. 228 of 2003) has been filed under Section 389 (1) and (2) of the Code of Criminal Procedure on behalf of the appellant praying therein to stay the execution of sentence dated 23.12.2002, whereby and whereunder the appellant has been convicted under Section 120B/409 1PC and Section 5(2) Corresponding to Section 13(2) of the Prevention monaof Corruption Act and sentenced to undergo Rigorous Imprisonment for one year under Section 120B, IPC and two years under Section 409, IPC whereas rigorous imprisonment for two years under Section 5(2) of the Prevention of Corruption Act, 1948. He was also awarded a tine of Rs. 10,000/- and in default three months simple imprisonment. However, sentences were ordered to run concurrently. 2. The prosecution case in brief as stated that the accused S.R. Sharrna, Project Officer, Lapanga Colliery and Shri A.K. Mujoo, Superintendent of Mines, Lapanga Colliery, C.C.L. were parties to a criminal conspi...
Ashok Kumar Mujoo Vs. State of Jharkhand Through Cbi
Court: Jharkhand
Decided on: Apr-22-2003
Reported in: 2003(51)BLJR1017; [2003(2)JCR645(Jhr)]
ORDERDeokinandan Prasad, J. 1. This application (I.A. No. 227 of 2003) has been filed under Section 389 (1) and (2) of the Code of Criminal Procedure on behalf of the appellant praying therein to stay the execution of sentence dated 23.12.2002, whereby and where-under the appellant has been convicted under Section 120B/409 IPC and Section 5(2) corresponding to Section 13(2) of the Prevention of Corruption Act and sentenced to undergo Rigorous Imprisonment for one year under Section 120B IPC and two years under Section 409 IPC whereas rigorous imprisonment for two years under Section 5(2) of the Prevention of Corruption Act, 1948. He was also awarded a fine of Rs. 10,000/-and in default three months simple imprisonment. However, sentences were ordered to run concurrently. 2. The prosecution case in brief as stated that the accused S.R. Sharma, Project Officer, Lapanga Colliery and Shri A.K. Mujoo, Superintendent of Mines, Lapanga Colliery, C.C.L. (Appellant) were parties to a criminal c...
Dr. Arjun Prasad Sinha Vs. Hon'ble Chancellor Jharkhand, University Ra ...
Court: Jharkhand
Decided on: Apr-22-2003
Reported in: [2003(2)JCR651(Jhr)]
ORDERVikramaditya Prasad, J.1. This writ petition has been filed for a declaration that the Bihar State University Service Commission constituted under the Bihar State University (Constituent Colleges) Service Commission Act, 1987, continues to operate in the State of Jharkhand and the respondents are bound to consider and act upon the recommendations made by the aforesaid University Commission (hereinafter referred to as the Commission) and for quashing the order dated 17.8.2001 as also order dated 5.10.2001, Annexure-8, whereby the authority including the Vice Chancellor, Siddhu Kanhu University, Dumka, was directed not to act on the recommendations/concurrence received from the Commission after creation of the State of Jharkhand and for a further direction upon the respondent No, 1 and 2 to immediately appoint the petitioner on the post of Registrar, Siddhu Kanhu University, Dumka, in pursuance of the recommendations made by the Commission as contained in Annexure-5 with all consequ...
Indian Iron and Steel Company Ltd. and anr. Vs. Rashtriya Koila Mazdoo ...
Court: Jharkhand
Decided on: Apr-22-2003
Reported in: 2003(2)BLJR1152; [2003(3)JCR401(Jhr)]; (2003)IIILLJ531Jhar
R.K. Merathia, J.1. Both the Letters Patent Appeals are taken together since a common question is involved namely whether the labourers under the contractor are entitled to be absorbed, by the management as regular employees.2. The L.P.A. No. 140/2000 preferred by Indian iron & Steel Company Ltd. & Anr. arises out of CWJC No. 1938/1995(R) and L.P.A. No. 162/2000 preferred by Bharat Coking Coal Ltd. arises out of CWJC No. 1802/1994(R). Both the aforesaid writ petition (along with one CWJC No. 1803/1994 (R) were heard analogous and disposed . of by the common judgment dated 29-2-2000, which is impugned in the present appeals.3. It will useful to state the cases of the respective parties in brief,4. L.P.A. No. 140/2000 preferred by IISCO, arising out of CWJC No. 7938/ 1995(R):(a) Rashtriya Koila Mazdoor Congress along with 43 contract labourers preferred the said writ petition for a direction to regularise the services of the contract labourers, as permanent employees of M/s. Indian Iron ...
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