Jharkhand Court September 2003 Judgments
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V.P. Dhanesh Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-23-2003
Reported in: 2004(1)BLJR177; 2004CriLJ1036; I(2004)DMC727; [2003(4)JCR288(Jhr)]
Vikramaditya Prasad. J.1. This application under Section 482, Cr PC for quashing the entire criminal proceeding as well as the order dated 19.5.2003, whereby cognizance of the offence was taken by the Chief Judicial Magistrate, Seraikella, under Section 498A, IPC and under Section 3 and 4 of the Dowry Prohibition Act in connection with Adityapur P.S. Case No. 230/02, G.R. Case No. 773/02, now pending in the Court of SDJM, Seraikella.2. In this case, the FIR was lodged by the wife, which reads as follows :--'On 7.12.2002 my husband abused me with the filthiest language and threatened me with death in the event I did not cater to his whims and fancies, My husband is an alcoholic person who regularly takes drink and thereafter makes it custom to beat me/his wife and during the course of such beating hurls/heaps abusive languages upon me and my parents. Our marriage was a result of love but with the consent of family members of both parties. The marriage held on 16th day of January, 1996 a...
Shankar Prasad Kedia Vs. State of Jharkhand Through the Chief Secretar ...
Court: Jharkhand
Decided on: Sep-23-2003
Reported in: [2004(1)JCR68(Jhr)]
ORDER1. Heard learned counsel for the appellant, Mr. Jerath and Senior Central Government Standing Counsel, Mr. P.K. Prasad on behalf of respondent No, 4.2. This writ petition relates to the cadre division in the Bihar Finance Service. After the Bihar Re-organisation Act, 2000 came into force, the cadre division was completed as regards this service on 13.8.2003. The writ petitioner, a Deputy Commissioner of Commercial Taxes, was working in Dumka and was tentatively allocated to the State of Jharkhand. According to the petitioner, he was shifted to Dumka towards the last phase of his service by the Central Government Notification dated 6.11.2000. According to him, he has been allotted to the reorganized State-Bihar and this was unjust and arbitrary, especially since he is going to retire on 31.7.2004. The petitioner, therefore, approached this Court with the writ petition challenging his allocation to the State of Bihar in the Cadre division.3. We may notice here that regarding the cad...
Abhimanyu Kashyap @ Gobardhan Ram Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-23-2003
Reported in: [2004(1)JCR82(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the appellant named above is directed against the impugned judgment and order dated 21.4.2001 and 23.4.2001 respectively passed in Sessions Trial No. 157 of 2000 T.R. No. 5 of 2000 by Shri Asit Baran Shekhar, 1st Additional Judicial Commissioner-cam-Special Judge, S.C. and S.T. (Prevention of Atrocities) Act, Ranchi whereby and whereunder the appellant was found guilty for the offence punishable under Section 376 of the Indian Penal Code and Section 3(2)(v) of the S.C. and S.T. (Prevention of Atrocities) Act and he was convicted and sentenced to undergo rigorous imprisonment for the offence under Section 376 of the Indian Penal Code and to pay a fine of Rs. 5.000/- and in default thereof to undergo rigorous imprisonment for two years and he was further convicted and sentenced to undergo rigorous imprisonment for seven years for the offence under Section 3(2)(v) of the S.C. and S.T. (Prevention of Atrocities) Act, 1989. However, bot...
Smt. Meena Kumari Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Sep-23-2003
Reported in: [2003(4)JCR569(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ petition the petitioner has prayed for quashing the ex parte order by which petitioner's husband was dismissed from service on the charge of his absence from duty and further for a direction upon the respondents to give her employment on compassionate ground.2. The facts of the case lies in a narrow compass : Petitioner's husband, Harish-chandra Pandey was permanent employee of the respondents working in Lodna colliery. Petitioner's husband last went to the colliery to attend his duty on 26.5.2986 and after duty he did not return to his house and he is missing since then. The petitioner who is the wife reported about the missing of her husband to respondent No. 3. When the whereabout of the husband of the petitioner was not known, the petitioner made a representation to the respondents for providing her employment on compassionate ground. The petitioner ultimately raised industrial dispute and the matter was referred by the Government to the Tribunal ...
Ramautar Choudhary and anr. Vs. Tenughat Vidyut Nigam Ltd. and ors.
Court: Jharkhand
Decided on: Sep-23-2003
Reported in: [2003(4)JCR585(Jhr)]
ORDERM.Y. Eqbal, J.1. The petitioners have challenged the Notification Nos. 7/03 and 8/03 both dated 27.8.2003 whereby the services of the petitioners sought to have been returned back to the Bihar State Electricity Board, Patna and also for quashing the consequential release orders dated 27.8.2003 issued under the signature of Joint Secretary, Tenughat Vidyut Nigam Ltd. releasing the petitioners from their services. The petitioner No. 1 who was initially joined in the post of Assistant Executive Engineer in 1984 in Bihar State Electricity Board (BSEB). By notification dated 13.6.1990 BSEB deputed petitioner No. 1 to Tenughat Vidyut Nigam Ltd. (TVNL). In 1992 petitioner No. 1 was promoted to the post of Executive Engineer and continued in TVNL. In 1995 his deputation was withdrawn and his services were returned to BSEB and posted as Electrical Executive Engineer at Muzaffarpur Thermal Power Station. In 1998 he was promoted as Superintending Engineer and again deputed to TVNL and posted...
Ram Kishore Prasad Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Sep-23-2003
Reported in: [2004(1)JCR196(Jhr)]
P.K. Balasubramanyan, C.J.1. The petitioner, a Practising Advocate, was a candidate for selection to the post of a Judicial Member in the Central Administrative Tribunal. The petitioner was included in the select list. After the Committee constituted in that behalf made its recommendations, toe entire proceedings were placed before the Chief Justice of India. It may be noticed that when the Committee made its recommendations, the Committee did not have the confidential report on the Vigilance enquiries made regarding the petitioner. But, before the matter was placed before the Chief Justice of India, the report was made available. It was brought to the notice of the Chief Justice that from the report regarding the character and antecedents etc. of the 14 persons included in the list and in the waiting list, it was found that the petitioner who was ranked no. 6, and another who was ranked No. 1 were found to be unsuitable and the proposal was made that they be replaced by Nos. 1 and 2 i...
Mohammad Alim Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-23-2003
Reported in: [2004(1)JCR600(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. According to the petitioner, the land being Plot Nos. 655 and 656 under Khata No. 83. P.S. 155, measuring an area of 21.50 decimals of Village Sewai which belongs to him was acquired by the Central Government in favour of the Central Coalfields Ltd. (CCL for short) under Sub-section 7 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 in the year 1962-63 by S.O. No. 3894.2. His grievance is that though he is running from pillar to post, for payment of the compensation amount but in vain.3. Counsel for the petitioner submitted that the petitioner is now aged about 82 years old, but till date the compensation amount has not been paid. The State Government without any basis now raising dispute relating to title of petitioner, though he was in possession since long on the basis of Sada hukumnama and his name was entered in the Register II.4. The counsel appearing on behalf of the CCL referred to Section 14 of the Coal Bearing Areas (Acquisition a...
Baidyanath Singh Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-22-2003
Reported in: [2004(2)JCR286(Jhr)]
M.Y. Eqbal, J.1. The petitioner was working as Assistant Manager of Shahpur Government Godown under respondent No. 3 Deputy Commissioner, Palamau. During his posting a theft was committed in the said godown and the matter was reported to the senior officers. On verification of the godown shortage of huge amount of foodgrains was found. Consequently a criminal case was instituted against the petitioner under Section 409 of the IPC and Section 5(2) of the Prevention of Corruption Act. The petitioner was also charge sheeted and a departmental proceeding was initiated against him. On proof of charges, in the departmental proceeding, final order of punishment was passed whereby the petitioner was dismissed from service on 25.08.1977. Against the said order the petitioner preferred departmental appeal which was also dismissed. In the mean time, the petitioner was acquitted in the criminal case by the judgment dated 26.07.1989. After acquittal the petitioner filed representation before the re...
Amitab Chandra Sinha Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-22-2003
Reported in: [2004(2)JCR349(Jhr)]
M.Y. Eqbal, J.1. The petitioner has prayed of quashing the order passed by the disciplinary authority and also the appellate authority whereby he has been dismissed from service by virtue of an order of punishment passed in a departmental proceeding.2. The petitioner was in the service of the respondents and was posted as Halka Karmachari. While he was posted as such a complaint was made before the Deputy Commissioner, Sahebganj with regard to interpolation and forgery in respect of Jamabandi No. 123 of Mouja Hazipur, Bishrampur in Register I & II maintained in the office of the Circle Officer, Sahebganj.3. The matter was investigated and a preliminary report was submitted regarding interpolation allegedly made by the petitioner. The petitioner was accordingly charge-sheeted and a departmental proceeding was initiated against him. The Enquiry Officer after recording evidence and after considering all the documents submitted his report to the effect that the charges have been proved.4. ...
Sukhdeo Pandey and ors. Vs. Tarsila Toppo and ors.
Court: Jharkhand
Decided on: Sep-22-2003
Reported in: I(2004)ACC652; [2004(1)JCR272(Jhr)]
ORDER1. Heard, owner of the car (BHW 7800) has challenged only part of the impugned judgment and award dated 26.9.2002, passed by Motor Vehicle Accident Claim Tribunal. Hazaribagh, in Claim Case No. 62 of 1991, whereby on his failure to pay the amount of compensation with 5% interest within three months, the claimant was directed to recover the same through the Court's processes with 9% interest, the Tribunal awarded a sum of Rs. 1,21,500/-payable as compensation to the heirs of Bahadur Uraon, who lost his life in motor accident dated 31.1.1991, in which the car in question was involved. Firstly the claim case was decided ex parte. However, the ex parte judgment was set aside and the claim was reheard and decided on merit.2. Regarding grant of interest the Tribunal observed as under in paragraph 17 : 'The instant claim application was filed in the year 1991 and the same is being disposed of in the year 2002. From the perusal of the entire record including the order-sheet, I find that t...
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