Jharkhand Court June 2003 Judgments
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Bhim Mahto and ors. Vs. State of Bihar
Court: Jharkhand
Decided on: Jun-13-2003
Reported in: I(2004)DMC779; [2003(3)JCR113(Jhr)]
Hari Shankar Prasad, J.1. This criminal appeal is directed against the judgment dated 27th March, 1999 and order of sentence dated 31st March, 1999 passed in Sessions Trial No. 311/1996, whereby learned 5th Additional Sessions Judge, Hazaribag held the appellants guilty under Section 304B/34, IPC and sentenced them to undergo R.I. for 10 years.2, The case of the prosecution in brief is that Mangal Mahto submitted a report before the officer-in-charge, Barkagaon Police Station stating therein that his daughter Sarita Kumari was married with one Suresh Mahto in the year 1993 in which sufficient dowry was given. After solemnisation of marriage his daughter remained six months in her matrimonial home and there was cordial relation between his daughter and son-in-law Suresh but subsequently there was a demand of rupees ten thousand from the daughter of the informant. The informant could not make the payment due to his poor condition which led to torture upon his daughter in various ways and...
Batori Mandal and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-13-2003
Reported in: [2003(3)JCR218(Jhr)]
ORDERHari Shankar Prasad, J. 1. This is an application under Section 482, Cr PC for quashing the order dated 5.8.2002 passed in T.R. Case No. 280/2002 arising out of P.C.R. Case No. 253/2002. 2. Facts giving rise to the filing of this application are that the opposite party No. 2 complainant (Manzoor Alam) filed a complaint case bearing No. P.C.R. 253/2002 before the SDJM, Madhupur, Deoghar on 29.7.2002 for the occurrence said to have been committed on 23.7.2002 at 10 a.m. alleging therein that plot No. 2 with an area of 35.50 acres of land of Mauza Chhota Narainpur, Thana No. 202, P.S. Madhupur was recorded as Jhanti Jungle in the Parcha of Ganzer's settlement and the paid land is situated, outside the forest demarcation. Village Chhota Narainpur is a Pradhani village and village Pradhan is the fully competent to make settlement of wastes land of village with the Jamabandi raiyats of the village and father and grandfather of the complainant approached the village Pradhan for getting s...
Bhikha Bhai Patel Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Jun-13-2003
Reported in: [2003(3)JCR216(Jhr)]
Hari Shankar Prasad, J. 1. This revision is directed against the order dated 24.9.1996 passed in G.R. No. 1249/82, whereby the learned Judicial Magistrate, Ist Class, Daltonganj acquitted O.P. No. 2, who was an accused in that case. 2. The prosecution case in brief is that the petitioner as informant lodged an FIR on 17.9.1982 against O.P. No. 2 for the offence under Section 406 of the Indian Penal Code (hereinafter to be referred as 'Code') for committing, criminal breach of trust. The petitioner who is informant in the case was a manager of J.B. Company, Rehala and O.P. No. 2, against whom FIR was lodged, was working as driver since long and he used to deliver goods in different godowns of the company and likewise he went to Katihar office with Tobacco bundles in the truck. On 13.9.1982 O.P. No. 2 became seriously ill, thereafter he stopped the truck in the way in between Sankha and Ketat and went for taking medicine and the truck was brought back to the office and two packets were r...
Manoj Jha Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-13-2003
Reported in: 2003CriLJ3807; I(2004)DMC513; [2003(3)JCR212(Jhr)]
ORDERHari Shankar Prasad, J. 1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 10.1.2002 passed in T.R. No. 299/2001. 2. The facts giving rise to this application are that the opposite party No. 2 filed a Criminal Case No. 38/98 in the Court of Chief Judicial Magistrate, Godda under Section 125 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') stating therein that she was married with the petitioner on. 22.2.1996, according to Hindu rites and customs, and out of their matrimonial relationship a daughter was born. After birth of daughter petitioner started ill-treating her and she was not allowed even the good food. Parents of the petitioner also used to ill-treat her and they demanded a sum of Rs. 25,000/-, a colour T.V., a motor-cycle etc. and lastly she was driven out in the month of April 98. She claimed that petitioner has got sufficient landed property and as such she may be paid Rs. 1000/- per month ...
Govind Mahto and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jun-13-2003
Reported in: [2003(3)JCR176(Jhr)]
ORDERHari Shankar Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure (hereinafter to be referred as 'Code') has been filed for quashing the order dated 9.11.2002 whereby cognizance has been taken.2. Prosecution case in brief is that Shri Awadh Kishore Thakur, supply inspector, Chandankiyari lodged an FIR with Chas PS on 31.8.2002 being Chas PS Case No. 116 of 2002 alleging therein that he got a confidential information that dealers of public distribution system of Chandankiyari have taken wheat of red cards to Chas Bazar area for the purpose of black marketing and accordingly the informant informed the officer-in-charge Chas PS and he along with District Supply Officer. Chandankiyari left for Chas Bazar in a motorcycle and they reached Jodhadih More at 2.30 pm where the officer-in-charge, Chas PS was present along with officers of the department and truck bearing registration No. BR-20G-866 and BR-20F-8674 were standing towards Jodhadih More and during th...
Janardan Prasad Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-13-2003
Reported in: [2003(3)JCR214(Jhr)]
Hari Shankar Prasad, J. 1. This criminal revision has arisen out of the impugned order dated 28.11.2001 passed in Trial No. 235 of 2001 whereby a prayer has been made to pass appropriate order/direction for quashing impugned order. 2. Facts giving rise to the revision application are that Shri Manendra Kumar, Assistant Commissioner. Excise, Sadar, Country Spirit Warehouse, Hazaribagh on suspicion of irregularities in the sachets manufacturing's well as warehouse along with Excise Inspector, Koderma made a surprise inspection on 21.2.1995 and in course of inspection, the petitioner, who is sub-inspector, excise, was in-charge of the godown and Jagdish Jaiswal, duly authorized representative of the contractor who used to supervise the filling of sachets retailed sale manufacturing, etc., was present at the time of inspection. During the course of inspection, various documents concerning warehouse were examined and in the Register-84 and 88, which related to the accounts was found maintai...
Smt. Aren Minz Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-13-2003
Reported in: [2003(3)JCR226(Jhr)]
ORDERVikramaditya Prasad, J.1. The petitioner is a National Award Winner Teacher and this award was communicated to him on 5th September, 1992, Annexure-1. Admittedly, the petitioner superannuated on 31st December. 2000. He applied for extension of his service before his superannuation, which was refused by Annexure-4. It is also admitted that the petitioner was not given any cash award.2. The policy of the Government as contained in Annexure-2 was that the award winner would be given one year extension of service for a maximum period of three years after superannuation dependent upon the physical and mental conditions of the awardee. This circular Was issued in the year 1993. It appears that this circular was modified by Annexure-9, whereby the benefit of extension of service after superannuation was done away with and instead of that a National Award Winner Teacher was to be given Rs. 20,000/- in cash. This notification (modified) came into effect with effect from 23.5.1996, Annexure...
Brian Sidney Mendies and anr. Vs. Secretary Bishop West Scott School a ...
Court: Jharkhand
Decided on: Jun-13-2003
Reported in: II(2004)ACC466; 2005ACJ1070; [2004(1)JCR245(Jhr)]
ORDER1. Admittedly, one Leslies Brian Mendies was employed as Food/Mess Sergeant in the School Mess of Bishop Westcott situated at Socko, Khunti, within Ranchi district on a consolidated monthly salary of Rs. 1700/- including that food allowance. He was aged abut 33 years on 13.9.1996, when he met with an accident. While coming down from the second floor, he fell down' from the stairs, sustained serious injuries and died in the hospital on the next day i.e. on 14.9.1996.2. His parents filed W.C. Case No. 5 of 1998, under the provisions of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') for compensation.3. According to the claimants, their deceased son was working as Mess Sergeant in the School. His duty was from 8 a.m. to 12 noon in the day and from 6 p.m. to 10 p.m. in the night. On 13.9.1996 at about 9 p.m. he received personal injury by accident arising out of and in course of his employment, while he was coming down from the top of the second floor of th...
Dharnidhar Mahato and Bibhuti Bhushan Gope Vs. State of Bihar (Now Sta ...
Court: Jharkhand
Decided on: Jun-12-2003
Reported in: [2003(3)JCR165(Jhr)]
ORDERVikramaditya Prasad, J.1. Ms. Poonam Singh, the District Superintendent of Education, Jamshedpur, appears in person along with the records of the departmental proceeding in this case. It appears that on the last date, Rs. 100/- was imposed upon the respondent as costs in CWJC No. 3730/ 2000(R), considering certain statements, which led to the adjournment of the case on that date. Today, the respondents say that the said cost be exempted. The learned counsel appearing for the respondents is warned not to make any such statement in future, if he is not very sure of that. As there was no privity of communication between the Officer and this Court on that date, the Officer concerned is not liable to pay the cost. She is exempted and set at liberty to go.2. These writ petitions, have been filed for quashing that part of the order dated 21.9.2000, whereby and whereunder one annual increment of the petitioners has been stopped with cumulative effect and for payment of salary for about se...
Ramesh Gandhi, Vs. State of Jharkhand Through Cbi
Court: Jharkhand
Decided on: Jun-12-2003
Reported in: 2004CriLJ1037; [2003(3)JCR245(Jhr)]
Vishnudeo Narayan, J. 1. Heard the parties.2. ABA Nos. 54, 58 and 63 of 2003 arise from R.C. 2(A)/96 (D) and as such they are disposed of by this order.3. All the petitioners are being prosecuted for the offence punishable under Sections 120B and 420, IPC as well as under Sections 13(2) read with 13(1)(d) of the P.C. Act, 1988. The petitioners, namely, Ramesh Gandhi and Rajesh Gandhi are the Directors of M/s Continental Transport and Construction Corporation, Dhanbad (in short 'CTCC') and petitioner S.N. Bhattacharjee was the officiating Branch Manager of Vijaya Bank, Dhanbad on 19.3.1994 in the absence of Senior Branch Manager Ratnakar Hegde B got the 4th running account bill dated 3.3.1994 of the said firm discounted on that day and the said bill was for Rs. 22,40,106/-. The allegation is that Ratnakar Hegde B, the Senior Branch Manager, Vijaya Bank, Dhanbad (who is not sent up for trial) during the period of 1992 to 1994 entered into a criminal conspiracy with the Directors of M/s C...
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