Jharkhand Court June 2003 Judgments
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Anjani Mishra and anr. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: I(2004)DMC531; [2003(3)JCR207(Jhr)]
ORDERHarishankar Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the entire criminal proceeding including the order dated 29.7.2002 passed in G.R. Case No. 316 of 2001 whereby the learned Court below took cognizance under Section 498A/323 of the Indian Penal Code and Section 3/5 of the Dowry Prohibition Act.2. Prosecution case in brief is that informant Ram Sagra Mishra lodged an FIR with the Adityapur Police Station being Adityapur P.S. Case No. 107/01 and the case was registered under Section 498A/323, IPC and 3/5 of the Dowry Prohibition Act. The written report disclosed that the informant Ram Sagra Mishra married his daughter namely Bandana with Navin Thakur in April 1996 and at the time of marriage, he had given cash amount of Rs. 70,000/-. After solemnization of marriage, his daughter started living peacefully with her sasural people. After 6/7 months, her husband started ill treating her for the demand of dowry ...
Rajendra Prasad Paul @ Rajendra Pal Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: I(2004)DMC344; [2003(3)JCR223(Jhr)]
ORDERHari Shankar Prasad, J.1. This is an application under Section 19(4) of the Family Court's Act, 1984, for setting aside the order dated 19.7.2001 passed in Misc. Case No. 100/95.2. The facts giving rise to the application are that O.P. No. 2 Meera Devi who is the wife of the petitioner filed a petition under Section 125, Cr PC, for payment of Rs. 1,000/- p.m. towards maintenance allowance for herself and her child and the case was registered as. Misc. Case No. 100/95. O.P. No. 2 stated in her petition under Section 125, Cr PC, that marriage was solemnized between the petitioner and herself on 19.2.1982 at Hazaribagh according to Hindu rites and customs and out of said wedlock, a son was born to them in February 1989. After sometime petitioner started torturing O.P. No. 2 physically and mentally and ultimately she was turned out from her matrimonial house with her child and since then, she is living with her mother and brother. It is also alleged in the petition that her husband is...
Nabi Mian Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: 2003(2)BLJR1299; 2004CriLJ700; [2003(3)JCR252(Jhr)]
ORDERHarishankar Prasad, J. 1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire prosecution as well as the order taking cognizance dated 11.6.1984 in Special Case No. 81/1983 corresponding of G.R. No. 53/1984 arising out of Narayanpur P.S. Case No. 0063/1983 dated 21.11.1983 registered under Section 7/9 of the Essential Commodities Act. 2. Prosecution case in brief is that Supply Inspector Ram Prasad Singh with Cricle Officer visited the shop of the petitioner. At that time, shop keeper was not present and in his absence, a search was made in presence of his maternal uncle Shideque Mian. Seizures were made. In the shop there was one quintal 76 kg. sugar only available and there was no stock of wheat and rice. The shop keeper had lifted two quintal of wheat, one quintal of rice and three quintal of sugar on 27.7.1983 and 28.7.1983 respectively out of which two quintal of wheat, one quintal of rice and one quintal of sugar were s...
Paika Horo and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: [2003(3)JCR117(Jhr)]
1. This writ petition is filed by the employees of the Bihar State Scheduled Castes Co-operative Development Corporation Limited (herein after referred to as the Bihar Co-operative Development Corporation). The Bihar State Co- operative Development Corporation has offices spread over the entire State of Bihar before its bifurcation. Thus, it had officers in its service working within the areas now falling within the State of Jharkhand after the Bihar Reorganisation Act, 2000 came into force with effect from 15.11.2000. The salaries of the employees of all the Branches were being paid by the Bihar State Co-operative Development Corporation. Payment of salaries of the employees and the offices located with the divided State of Jharkhand was also being made by the Bihar State Co-operative Development Corporation for about one year after 15.11.2000. The payments were being made from the Head-office at Patna (now within the State of Bihar).2. After coming into existence of the State of Jhar...
Ashutosh Pandeya Vs. Rajendra Sinha Presiding Officer and anr.
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: [2003(3)JCR106(Jhr)]
M.Y. Eqbal, J.1. In this writ application the petitioner has prayed for quashing the Award dated 3.12.1999 passed by Presiding Officer, Labour Court, Ranchi in Reference Case No. 0011/92 whereby the Labour Court answered the reference against the petitioner and held that the concerned workman was not directly recruited by the respondent-Heavy Engineering Corporation and therefore the question for reinstatement does not arise.2. It appears that the Government of Bihar by notification dated 14.10.1992 referred the following disputes to the Labour Court for adjudication :--'Whether Sri Ashutosh Pandey, Office Assistant was direct workman of Heavy Engineering Corporation? If so whether termination of services of Sri Pandey is proper? If not Sri Pandey should reinstated or work/and should be given compensation?'3. The case of the concerned workman is that he worked as Office Assistant in the Project Division of Heavy Engineering Corporation Ltd. at Jayant CHP in Madhya Pradesh from 22.10.19...
Abrest Engineering Company Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: [2003(3)JCR110(Jhr)]; [2004]138STC319(Jharkh)
ORDER1. The writ petitioner is a works contractor. It is a dealer within the meaning of the Bihar Finance Act, 1981. During the assessment years 1994-95 and 1995-96, the petitioner entered Into works contract with M/s. Tata Iron and Steel Company Limited (TISCO). The Tate Iron and Steel Company Limited, as enjoined by Section 25A of the Bihar Finance Act, deducted tax at source and deposited the same with the Sales Tax Department.Sub-sequently, in the decision In the Builders Association of India v. State of Bihar, 85 STC 362, Section 25-A of the Bihar Finance, Act was struck down as unconstitutional. Though the Legislature amended the section, subsequent thereto, the amended provision was also declared ultra vires by the Court in M/s. Larson & Toubro v. State of Bihar, 1993 (3) PLJR 960.2. According to the petitioner, it became entitled to refund of the tax deducted at source. It therefore made an application for refund on 2.6.1998. In terms of Section 43 of the Bihar Finance Act, any...
Pinki Kumari Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: 2003CriLJ4019; [2003(3)JCR220(Jhr)]
ORDERHari Shankar Prasad, J.1. This revision application under Sections 397 and 401 of the Code of Criminal Procedure, 1973 is directed against the order dated 29.8.2002 passed in Sessions Trial No. 111 of 2002.2. Facts giving rise to filing of this application are that Pinki Kumari who is informant in this case lodged an FIR with the Ichak Police Station, Hazaribagh stating inter alia that one Amit Kumar O.P. No. 2 always kept bad eye upon her. On 5.2.2001 there was a marriage ceremony in her village in the house of Ishwari Sao and she had gone there to wash utensils; in the midnight when she was sleeping In the house somewhere, O.P. No. 2 taking advantage of complete silence came near her and started playing with her body whereupon she woke up and she raised hulla but in the meantime, Amit pressed her mouth and warned that if she raised hulla, then he would kill her along with her family members. She prayed not to do anything but he did ,not listen and committed rape upon her for the...
Md. Kasim Ansari and anr. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: [2003(3)JCR222(Jhr)]
Hari Shankar Prasad, J. 1. This criminal revision is directed against the order dated 15.9.1998 passed in M.P. Case No. 8/95 under Section 145, Cr PC, whereby O.P. No. 2 has been declared to be in possession over vacant land measuring 3172 sq. ft. on Plot No. 515, Khata No. 15 Mauza Horiladih and further possession of O.P. No. 2 will be valid till passing of alternative order by a competent Court of law.2. The facts giving rise to filing of the revision application are that petitioner claimed to be in possession over the disputed area measuring 3172 Sq. Ft. on Plot No. 515 Khata No. 15 Mauza Horiladih including 800 sq. ft. whereupon there is a Khaparposh house of the petitioners since more than 45 years. It is claimed that Plot No. 515 Khata No. 15 Mauza Horiladih No. 132, consists of an area of 3962 sq. ft. In this area i.e., on 3962 sq. ft. there is khaparposh house measuring 800 sq. ft. The dispute in between the parties arose over the area of 3172 sq. ft. of land boundary wall of t...
Emlen Henry and anr. Vs. State of Bihar
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: I(2004)DMC227; [2003(3)JCR249(Jhr)]
Hari Shankar Prasad, J. 1. This criminal appeal is directed against the judgment dated 7.12.1996 and order of sentence dated 10.12.1996 passed in Session Trial No. 34/86 whereby the learned 1st Additional Sessions Judge, Dhanbad has been pleased to convict the appellant No. 1 Emlen Henry under Section 324, IPC and Appellant No. 2 Ramchandra Prasad under Section 324 read with Section 34, IPC and sentenced them to undergo RI for two years.2. The prosecution case in brief is thai informant alleged that his wife Emlen Henry was having illicit relationship with appellant Ram Chandra Prasad, a clerk in the hospital. At about 12 noon the inform-ant learnt that his wife was eloping with Appellant No. 1 Ram Chandra Prasad. The informant followed them on motorcycle and when they reached near Guhi Bandh, he saw his wife and Appellant No. 2 Ram Chandra Prasad going on a rickshaw towards Katras. The informant stopped rickshaw whereupon his wife took out a wire hunter from her waist and tried to ass...
Anup Kumar Agrawal Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jun-16-2003
Reported in: 2003(2)BLJR1389; [2003(3)JCR210(Jhr)]
ORDERHari Shankar Prasad, J. 1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 16.1.2003 as well as the entire prosecution in connection with Chainpur P.S. Case No. 88/2002 corresponding, to G.R. No. 1200/2003 whereby the learned C.J.M., Palamau at Daltonganj took Cognizance of an offence under Section 379, IPC and 4(1)/21 of the Mines Minerals Regulations Act, 1957 (hereinafter to be referred as MMR Act). 2. Facts giving rise to the filing of such application are that the petitioner has been granted mines lease under the lease in the village of Khambhi, Circle-Chainpur, District Palamau and near this place, petitioner is extracting minerals. It is alleged by the prosecution that the petitioner was extracting minerals illegally in the area of the informant for which, he had informed the District Mining Officer vide letter No. 633 dated 23.8.2002. and thereafter a demarcation was done by the District Mining Officer on 18....
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