Jharkhand Court May 2003 Judgments
Khaita Oraon and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-14-2003
Reported in: [2003(3)JCR46(Jhr)]
Vishnudeo Narayan, J.1. The appellants named above have preferred this appeal against the impugned judgment and order dated 4.5.1990 passed in S.T. No. 94 of 1985/T.R. No. 7 of 1966 by Shri Damodar Prasad, Additional Judicial Commissioner, Ranchi whereby and whereunder all the appellants were found guilty for the offence punishable under Sections 302/34 and 201/34 of the Indian Penal Code and they were convicted and sentenced to undergo RI for life for the offence under Section 302/34 of the Indian Penal Code but no separate sentence was imposed against them for the offence under Section 201/34 of the Indian Penal Code.2. The prosecution case has arisen on the basis of the FIR (Ext. 4) of PW 13 Lauwa Oraon, the informant lodged before Kanke Police Station on 28.2.1980 regarding the occurrence which is said to have taken place on 27.2.1980 at about 19.00 hours in village Manha P.S. Kanke, District Ranchi regarding the commission of the murder of his brother Manna Oraon.3. The prosecutio...
Tag this Judgment!Azad Ansari Etc. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-14-2003
Reported in: [2003(3)JCR38(Jhr)]
Vishnudeo Narayan, J.1. Both the appeals aforesaid have been preferred by the appellants named above against the Impugned judgment and order dated 31.8.1998 passed by Shri Tarkeshwar Prasad, Sessions Judge, Gumia in S.T. No. 122 of 1997 whereby and whereunder appellant Jaleshwar Sahu @ Charka Sahu 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 whereas appellant Azad Ansari was found guilty for the offence punishable under Section 302/34 of the Indian Penal Code and he was convicted and sentenced to undergo RI for ten years.2. The prosecution case has arisen on the basis of the fardbeyan (Ext. 4) of PW 7, Manoj Kumar Sahu, the informant and nephew of Rajendra Prasad Sahu, the deceased of this case recorded by S.I Saryu Pandit of Bharno P.S. on 26.1.1997 at 19.30 hours at Ambwa Karan Tungri Bazar Tand within Bharno P.S. regarding the occurrence which is said to have taken place on that very ...
Tag this Judgment!Robert Toppo Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-14-2003
Reported in: 2003(2)BLJR1222; [2003(3)JCR487(Jhr)]; (2003)IIILLJ810Jhar
Vikramaditya Prasad, J.1. Heard both the sides.2. All these writs have been heard together and are being disposed of by this common order as in all these writs common question of law is involved.3. In all these writs the order of the Inspecting authority passed under Section 20(2) of the Minimum Wages Act, 1948 has been challenged.4. The petitioner is the Principal of the School in question (It is reported that now he has been transferred to some other school), in which a hall was being constructed and the labourers were working in that. On the report of the Labour Enforcement Officer a proceeding under Section 20(2) of the Minimum Wages Act was initiated and the following impugned orders (Annexure-3) in all the writs, were passed.'Abhilekh Aaj Prastut Kiya, Niyojak Ki Ore Se Hajari ewm Avaden Dakhil Ki Gayi. Bad. Sankhya 7/2001 Men Dinank 13-7-2001 Ko Parit Aadesh Ke Anurup Yahan Bhi Bakaya Rashi + Ranch Guna Dand ke Pas Niyojak 23-7-2001 Ko Majdur Ko Bhugtan Kare.5. The case of the p...
Tag this Judgment!Md. Asad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-14-2003
Reported in: [2003(3)JCR508(Jhr)]
ORDERVikramaditya Prasad, J. 1. The petitioner has filed this writ petition with two prayers--(i) for a direction to the Bihar Public Service Commission to publish the result of the final examination of the Primary Teachers (Urdu) held in pursuance of the advertisement contained in Annexure-1 and (ii) on publication of the result, in the event of his being declared successful, for appointment of the petitioner against the existing vacancies. 2. Admittedly, there was an advertisement, vide Annexure-1, for appointment of Primary Teachers (Urdu) and the petitioner, in pursuance of the said advertisement, applied for and appeared at the Preliminary Teachers Examination. It is the case of the petitioner that he qualified in the said Preliminary Teachers Examination, An-nexure-2, the result of which was published in the year 1994. On 29.5.1994, the petitioner appeared in the Main Examination as he had competed in the Preliminary Examination, but the result of the Main Examination has not bee...
Tag this Judgment!Sudarshan Prasad Bhagat Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-14-2003
Reported in: [2003(3)JCR765(Jhr)]
ORDERR.K. Merathia, J.1. Heard counsel on both sides.The appellant approached this Court with a writ petition (CWJC No. 5304 of 2001) challenging the order passed by the authorities under the Indian Forest Act confiscating his vehicle found to be involved in a forest offence. The confiscation was ordered under Section 52 of the Indian Forest Act after due enquiry and after giving the owner of the vehicle, the appellant, an opportunity to establish his case. The authority found that it was a case of illegal transport of forest produce coming within the purview of Section 52 of the Act and it was a fit case for passing an order for confiscation of the vehicle and the forest produce. Feeling aggrieved, the appellant filed an appeal. The appellate authority, on a reconsideration of the relevant materials and on hearing the appellant found no reason to interfere with the order of the original authority. Thus, the order of confiscation was confirmed and the appeal was dismissed. The appellan...
Tag this Judgment!Regional Institute of Technology Vs. Lakshmi Nath Sahu and ors.
Court: Jharkhand
Decided on: May-14-2003
Reported in: [2003(3)JCR483(Jhr)]
1. Lakshmi Nath Sahu, respondent No. 1 was employed as Professor in the department of Electrical Engineering, Regional Institute of Technology, Jamshedpur (hereinafter to be referred to as 'the Institute'), wherefrom on completing 60 years' of his age, he was to superannuate from service on 29.2.1996. 2. While continuing on deputation in the Bihar State University Service Commission, his lien in the Institute was lastly extended upto 28.2.1996 and on the next date, i.e. on 29.2.1996 he superannuated from services of the Institute. The Principal of the Institute in his order dated 31.12.1999 (Annexure 6) treated him to have retired from the services of the Institute on 20.5.1994 and thereby refused to calculate his retirement benefits treating him to have retired on 29.2.1996. He challenged the aforesaid decision of the Principal in this Court, vide W.P. (S) No. 3351 of 2001, for a direction to the Principal to fix his retirement benefits treating him to have retired on 29.2.1996 and pa...
Tag this Judgment!Ratan Mahto and ors. Vs. the State of Bihar (Now Jharkhand) and anr.
Court: Jharkhand
Decided on: May-14-2003
Reported in: 2003(2)BLJR1585; I(2004)DMC624
Vishnudeo Narayan, J.1. These appeals have been preferred by the appellants named above against the impugned judgment and order dated 15-7-1996 passed by Shri Kapileshwar Prasad, Sessions Judge, Giridih in Sessions Trial No. 172 of 1996 whereby and whereunder appellants, Jagal Yadav, Gulab Yadav, Chetan Yadav and Sahodar Yadav (in Cr. Appeal No. 271 of 1999) have been found guilty for the offence punishable under Section 302/34 and 201 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for life and to pay a fine of Rs. 2,000/- each for the offence under Section 302/34 of the Indian Penal Code and they were also sentenced to undergo R.I. for three years and to pay a fine of Rs. 1,000/- each for the offence under Section 201 of the Indian Penal Code and in default to undergo S.I. for three months. However, both the offences were ordered to run currently. Appellants, Ratan Mahto, Ramu Yadav and Dharam Mahto (in Cr. Appeal No. 222 of 1999) were found guilty only...
Tag this Judgment!Awadesh Narayan Sinha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-14-2003
Reported in: [2003(4)JCR494(Jhr)]
ORDER1. Heard counsel for the appellant and counsel for the State in detail.2. The appellant approached this Court with a writ petition (WP (C) No. 6551 of 2002) claiming that he was the caretaker of the property described in the writ petition and practically seeking a declaration of title and possession over the same and complaining that the State was attempting to dispossess him from the land in that they had dug a foundation therein and that he as a caretaker, has a right to protect the possession of the land and the structures standing thereon. It was set out in the writ petition that title was obtained by virtue of an auction sale held in the year 1954 by a receiver appointed in a suit and that after a lengthy process the title and possession was obtained. It was also pleaded that a warehouse was constructed in the land. According to petitioner, the Deputy Commissioner was trying to dispossess him and to put in a construction thereon and this was liable to be prevented.3. When the...
Tag this Judgment!Suresh Prasad Sao Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-14-2003
Reported in: II(2003)DMC662
Vishnudeo Narayan, J.1. This appeal has been preferred by the appellant named above against the impugned judgment and order dated 23.7.1997 passed in S.T. No. 345 of 1989 by Shri Dhruv Narain Upadhyay, 2nd Additional Sessions Judge, Giridih whereby and whereunder the appellant was found guilty for the offence punishable Under Section 304B of the Indian Penal Code and he was convicted and sentenced to undergo RI for life. However, co-accused Karu Sao was found not guilty and acquitted of the said charge.2. The prosecution case has arisen on the basis of the Fardbeyan (Ext. 5) of P.W, 1. Narain Sah, the informant and father of Kanti Devi, the deceased of this case recorded by AST Rama Shankar Singh of Hirodih on 30.12.1987 at 15.30 hours regarding the occurrence which is said to have taken place between 26th December, 1987 and 30th December, 1987 at village Mukunriih in which the dowry death of Kanti Devi aforesaid was committed. The case was instituted by drawing of the formal FIR (Ext....
Tag this Judgment!The Indian Iron and Steel Company Ltd. and anr. Vs. Smt. Shamima Bano ...
Court: Jharkhand
Decided on: May-14-2003
Reported in: [2004(1)JCR686(Jhr)]
ORDER1. Mr. Alam who was employed in Jitpur Colliery of M/s. Indian Iron and Steel Company Limited dies in harness on 30.3.1997.2. An application was filed to consider the case of his son, Md. Aftab Alam, for appointment on compassionate ground on his place. The authority concerned decided to consider his case for employment as per seniority of death in harness cases.3. Challenging the said decision dated 30.5.2001, W.P.(S) No. 3896 of 2001 was filed in this Court, which has been disposed of by the impugned order dated 6.12.2001, with a direction to consider his case for appointment on compassionate ground against the post to which he was eligible. If there was no vacancy, his claim was to be considered against near future vacancy, i.e, for the post, which may fall vacant within one year.4. The appellant-Company challenged part of the direction to consider the case of other similarly situated persons for compassionate appointment along with son of late Md. Alam.5. In our opinion, the a...
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