Jharkhand Court April 2003 Judgments
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Basmatiya Devi Vs. Central Coal Fields Ltd. and ors.
Court: Jharkhand
Decided on: Apr-22-2003
Reported in: [2003(3)JCR715(Jhr)]
ORDER1. Heard learned counsel for the parties. 2. Petitioner seeks employment of her son on account of death of her husband, which took place during his service period. Petitioner's husband was working as time rated worker in Kedla Under Ground Project of the respondents. He died on 23.7.95. After his death, petitioner applied for appointment on compassionate ground as per clause 9.3.2 of N.C.W.A-IV. The application of the petitioner was rejected by the respondents on 17.1.97 holding that since petitioner is 57 years of age she would be entitled to monetary benefit only, as per clause 9.5.0 N.C.W.A-V. Petitioner then made an application for appointment of her son who was aged about 15 years at the time of death of his father and now attained the age of 18 years. Respondents neither paid compensation to the petitioner nor provided employment to her son as per Clause 9.5.0 of N.C.W.A-V. 3. Clause 9.5.0. inter alia provides that in case of death of an employee due to mine accident or for ...
Ramdeo Mahto Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Apr-22-2003
Reported in: [2003(3)JCR686(Jhr)]
M.Y. Eqbal, J.1. Heard Mr. M.S. Anwar, learned senior counsel appearing on behalf of the petitioner and Mr. R.S. Mazumdar, learned Government Advocate.2. In the instant writ application the petitioner has prayed for issuance of an appropriate direction upon the respondents to promote him to the post of Deputy Commissioner, Commercial Taxes with effect from the date other persons were granted confirmation on the said post and also promote him to the post of Joint Commissioner, Commercial Taxes and further for quashing the decision of the Departmental Promotion Committee (in short DPC) in its meeting held on 24.5.1997.3. The petitioner was appointed in the Bihar Finance Service in the basic cadre in the year, 1974 was promoted to the post of Assistant Commissioner, Commercial Taxes in 1982. It is stated that a gradation list was prepared and as per the gradation list petitioner qualified to be promoted to the post of Deputy Commissioner, Commercial Taxes. However, no promotion could be g...
Chaibasa Prakhand Matsyajibi Sahyog Samathi Ltd. and Edmond Kerketta V ...
Court: Jharkhand
Decided on: Apr-22-2003
Reported in: [2003(3)JCR679(Jhr)]
ORDERM.Y. Eqbal, J.1. Both these writ petitions involving common question of fact and law have been heard and are being disposed of by this common order.2. In CWJC No. 620 of 2003 the petitioner Chaibasa Prakhand Matasyajibi Sahyog Samithi Ltd. Has prayed for quashing the Office order dated 26.12.2002 issued under the signature of respondent No. 5, whereby as per the direction of the Deputy Commissioner the settlement of the tank made in favour of the petitioner has been cancelled/rejected.3. Petitioners case is that it is a registered Co-operative Society and its area of operation is in the entire Chaibasa Sadar Block. Earlier the area of operation of the petitioner-society was Chaibasa Subdivision. In the year 1992 some of the tank and ponds of Chaibasa falling within the Chaibasa Block was decided to be settled for a period of long term lease. It is stated that petitioner along with other several persons applied for the said settlement but keeping in view of the instructions of the ...
Bhanu Pratap Lall Vs. B.C.C.L. and ors.
Court: Jharkhand
Decided on: Apr-22-2003
Reported in: [2003(3)JCR830(Jhr)]
ORDERM.Y. Eqbal, J.1. The short question that falls for consideration in this writ application is as to whether the petitioner would be entitled to subsistence allowance and/or full salary during the period when he was in jail custody when, admittedly the order of suspension was issued after the petitioner was released from the jail custody.2. The petitioner was employed as Senior Work Supervisor in the services of the respondents-BCCL and was posted at Moonidih Western Jharia Area, Coalfields. The petitioner was arrested by the CBI on 26.9.2000 on the allegation of accepting bribe. The petitioner was remanded to jail custody. After his release from jail custody, the petitioner was put under suspension vide office order dated 20.1.2001. The petitioner, on his representation was paid subsistence allowance but only with effect from February, 2001 whereas he ought to have been paid the same with effect from 29.9.2000. The petitioner, therefore, approached this Court by filing CWJC No. 145...
Bablu Chandra GoraIn Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-21-2003
Reported in: 2003CriLJ2862; [2003(2)JCR643(Jhr)]
Deoki Nandan Prasad, J. 1. This Criminal Appeal is directed against the judgment of conviction and sentence dated 20th February, 1999 (sentence passed on 22.2.1999) by the District and Sessions Judge, Dhanbad in connection with Sessions Case No. 83 of 1998, whereby and whereunder the learned Sessions Judge convicted the appellant under Section 376(1) of the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for ten years and he also awarded a fine of Rs. 2000/- and in default further to undergo Rigorous Imprisonment for one year. 2. Prosecution case in brief is that one Lalit Kumari lodged a First Information Report by recording her fardbayan alleging therein that she had gone to paddy field of her villager Prafulla Mandal. One Butu Modi a labourer was also harvesting paddy at the relevant time but he left the field for taking wages and asking the prosecutrix to harvest the rest of paddy. At about 5 p.m. the appellant Bablu Chandra Gorain came there and caught hold of...
Deoki Devi Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-21-2003
Reported in: [2003(2)JCR682(Jhr)]
Lakshman Uraon, J.1. The appellant, Deoki Devi, has preferred this appeal against the judgment of conviction dated 26.7.2002 and the order of sentence dated 30.7.2002 passed by Shri Dilip Kumar Sinha, Sessions Judge, Lohardaga in ST No. 52/98/7/98, whereby and whereunder the appellant was convicted and sentenced under Section 302, IPC for committing murder of Khujha Devi.2. The prosecution case arises on the fardbeyan on Gouri Devi, PW 7, recorded on 19.9.1997 at 19.30 hours by the S.I., Priya Ranjan of Senha P.S., on which he registered Senha P.S. Case No, 48/97 on the same day under his endorsement and signature, Ext. 3, on the basis of which a formal FIR, Ext. 4, was drawn and after investigation charge-sheet under Section 302, IPC was submitted against the appellant, Deoki Devi. The informant, Gouri Devi, was sitting alongwith her children and aunt mother-in-law, Sukhmain Devi, PW 3, near her house under Pipal tree after taking lunch. Her mother-in-law, Khujha Devi (since dead) had...
Radha Mahto and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-21-2003
Reported in: 2003CriLJ2858; [2003(2)JCR692(Jhr)]
Lakshman Uraon, J.1. All the appellants, named above, have preferred this appeal against the judgment and order of conviction and sentence dated 31.5.2002 and 1.6.2002 respectively, passed by Sri Ishwari Prasad, learned 1st Additional Sessions Judge, Hazaribagh, in Sessions Trial No; 296 of 1996, whereby and whereunder, he has convicted all the appellants under Section 302/34 I.P.C. and sentenced to undergo life imprisonment and further he has convicted appellant No. 2 Naresh Mahto under Section 323 I.P.C. and sentenced him to undergo simple imprisonment for one month. The sentences in respect to appellant No. 2 Naresh Mahto were ordered to run concurrently.2. The prosecution case, in brief, is that the Informant Guno Ram Mahto (not examined) in his Jardbeyan (Ext. 1), recorded on 9.5.1996 at 22.30 hours at Rajrappa Project Out Post by S.I. A.K. Sahay, has alleged that on 9.5.1996 at 2.00 p.m. in presence of Panchayat Up-Mukhiya Jainath Mahto (not examined), Sarpanch Khirodhar Ganjhu (...
Sadhu Sharan Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-21-2003
Reported in: [2003(2)JCR712(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. Rajendra Prasad, learned counsel for the petitioner, Mr. A. Allam, learned counsel for the respondent No. 4 and Mr. Suresh Kumar, learned Junior Counsel to the Additional Advocate General for the State of Jharkhand.2. By order dated 20.12.2001, the Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna was ordered to be impleaded as respondent No. 4 and that is how Mr. A. Allam who had accepted notice on behalf of the State of Bihar is representing the case of the said respondent.3. The grievance of the writ petitioner in the instant case is for quashing the order dated 16.3.2000 (as contained at Annexure-10) passed by the respondent No. 4 whereby and whereunder 20% of the pension payable to the petitioner was ordered to be deducted as a measure of punishment. By reason of the said order, the representation of the petitioner has been rejected.4. The shorts facts which are necessary to be taken note of for purposes of adjudi...
Somra Oraon Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-21-2003
Reported in: 2003CriLJ3093; [2003(2)JCR648(Jhr)]
Deoki Nandan Prasad, J.1. This criminal appeal is directed against the judgment of conviction and sentence dated 21.12.1998 passed by Shri Tarkeshwar Prasad, Sessions Judge, Gumla in S.T. No 181 of 1997, whereby and whereunder, the learned Sessions Judge convicted the appellant under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years. 2. The case of the prosecution in brief is that the victim Sabita Lakra aged about twelve years lodged a first information report alleging therein that she had gone to collect fire wood when the accused/appellant came there and caught hold her and got her down in the field and thereafter committed rape on her forcibly. She cried and weeped and also raised alarm but none has come for her rescue. Thereafter the accused/appellant threatened her for dire consequence and directed to keep mum about the incident otherwise she would be killed. She returned to her house but could not narrate the incident out of fe...
Smt. Katrina Toppo Vs. Matilda UraIn and ors.
Court: Jharkhand
Decided on: Apr-21-2003
Reported in: 2003(3)BLJR1770; [2004(2)JCR378(Jhr)]
P.K. Balasubramanyan, C.J. and R.K. Merathia, J. 1. One Sohan Oraon was the owner of 19 decimals of land in plot No. 1241 under khata No. 408 of Dumar Toli village. He had three sons, Donde Oraon, Ahlad Oraon and Daniel Oraon. Daniel and Ahlad sold 10 decimals of land out of the 19 decimals to Silbanus Lakra under exihibit 4 dated 18-6-1967. Daniel Oraon, the third son, in his turn, sold 2.5 decimals of land to the said Silbanus Lakra on 20-6-1967 under exhibit 4-A. Thus Silbanus Lakra acquired rights over 12.5 decimals of land. On 28-10-1970, Silbanus Lakra sold the said 12.5 decimals of land to the plaintiff in the present suit. The daughter-in-law and grand son of Daniel, the son of Sohan Oraon, brought to the notice of the Deputy Commissioner under Section 71A of the Chhotanagpur Tenancy Act, the fact that the alienations by Donde Oraon, Ahlad Oraon and Daniel Oraon to Silbanus Lakra were without the prior permission of the Deputy Commissioner as contemplated by Section 46 of the A...
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