Jharkhand Court January 2004 Judgments
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Ram Lakhan Mandal and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jan-20-2004
Reported in: I(2005)DMC464; [2005(2)JCR378(Jhr)]
Vikramaditya Prasad, J. 1. This criminal appeal is directed against the order of Shri Vinod Kumar Sinha, the 5th Additional Sessions Judge, Giridih dated 25.5.1999 and 26.5.1999 whereby and whereunder the learned Court held the appellants guilty in Sessions Trial No. 251 of 1994 and convicted all of them under Sections 304B and 498A of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for nine years under Section 304B of the Indian Penal Code and fine of Rs. 2,000/- each and in default simple imprisonment for three months and further to undergo rigorous imprisonment for three years under Section 498A of the Indian Penal Code and a fine of Rs. 500/- and in default one month's imprisonment. However, both the sentences were ordered to be run concurrently. 2. The conviction arose out of the following prosecution story as appearing in the Fardbeyan (Ext. 1) lodged by Ghanshyam Mandal, the father of the victim3. It is not at all in dispute that the deceased An...
Savitri Bala Devi Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jan-19-2004
Reported in: [2004(1)JCR567(Jhr)]
M.Y. Eqbal, J.1. Heard the parties.2. The petitioner who is the widow of Late Parmeshwar Ram has approached this Court for a direction upon the respondents for payment of Group Insurance amount on the death of her husband who died in harness on 26.7.1986. The petitioner's husband was working as Headmaster in High School, Dattu in the district of Giridih. He died on 26.7.1986 and after his death, the petitioner was paid Rs. 24,000/- towards Group Insurance.3. Mr. C.S. Prasad learned appearing for the petitioner submitted that under the new scheme of 1985 the Group Insurance amount was increased from Rs. 24.000/-to Rs. 96,000/- in terms of circular dated 13.7.1985. Since the petitioner's husband died on 26.7.1986 she is entitled to get Rs. 96,000/- instead of Rs. 24,000/-4. Mr. Pradeep Modi, learned counsel Government Pleader No. 1 on the other hand submitted that in 1984 the petitioner's husband became blind and, therefore, payment of salary was stopped since October, 1984. Moreover the...
Chandra Shekhar Choudhary Vs. National Institute of Technology and ors ...
Court: Jharkhand
Decided on: Jan-19-2004
Reported in: [2004(1)JCR535(Jhr)]
M.Y. Eqbal, J.1. Heard Mr. M.S. Anwar, learned senior counsel appearing on behalf of the petitioner and Mr. Manish Mishra, learned counsel appearing on behalf of the National Institute of Technology, Jamshedpur.2. In this writ application the petitioner seeks issuance of a writ of mandamus commanding upon the respondents to relieve the petitioner for joining the Quality Improvement Programme (in short 'QIP') sponsored by the Ministry of Human Resources Department, Government of India and All India Council for Technology Education (for short AICTE) in which the petitioner was selected after written test and intervie for doing Ph. D. in Indian Institute of Technology (in short IIT), Chennai.3. The petitioner is the Associate Professor in Metallurgical Engineering Department, NIT Jamshedpur. His case is that he submitted an application for admission in QIP sponsored by AICTE through Regional Institute of Technology (in short RIT), Jamshedpur. The petitioner alleged to have been selected f...
Smt. Leela Devi Vs. Surya Narayan Dayal and ors.
Court: Jharkhand
Decided on: Jan-19-2004
Reported in: [2004(2)JCR388(Jhr)]
ORDER1. I.P.A. 226 of 2000 is filed 'by the plaintiff in the Suit P. S. 222 of 1993 on the file of the Subordinate Judge, Ranchi. I.P.A. 233 of 2000 is filed by defendant No. 1 therein, the contesting defendant. The suit was one for partition. The suit was resisted by the contesting defendants namely, defendants 2 and 6. The trial Court upheld the claim of the plaintiff for partition and held that she was entitled to 10 out of 56 shares. The plea of ouster raised by the contesting defendants was negatived. Challenging the decree of the trial Court, defendant 2 and 6 filed the appeal, F.A. 174 of 1995. A learned Single Judge of this Court allowed the appeal in part and reduced the share to which the plaintiff was entitled. The learned Judge reduced the share to 1/28. Feeling aggrieved the plaintiff has filed the appeal questioning the reduction in share and defendant No. 1 has filed the appeal questioning the share awarded to the plaintiff.2, According to the plaintiff five items, namel...
Bibi Makho and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jan-19-2004
Reported in: [2004(2)JCR107(Jhr)]
ORDERAmareshwar Sahay, J.1. In this application, the petitioner has challenged the order dated 9.11.1993 passed by the Additional Collector, Lohardaga, in SAR Case No. 5 of 1993-94 as contained in Annexure-4 to the writ application, whereby the Additional Collector, Lohardaga, ordered to restore 0.82 acres out of plot No. 395 of Khata No. 62 situated at Village-Kasidih, PS-Kisko, District-Lohardaga in favour of the Respondent No. 4, in a proceeding under Section 71-A of the Chotanagpur Tenancy Act. The petitioner has also challenged the order dated 2.9.1996 passed by the Commissioner, South Chotanagpur Division, Ranchi, in Lohardaga Revenue Appeal No. 463 of 1993 as contained in Annexure-5 to the writ application, whereby the learned Commissioner, South Chotanagpur Division, Ranchi dismissed the appeal filed by the petitioner against the order of the Additional Collector dated 9.11.1993.2. The case of the petitioner is that Birsu Oraon son of Gora Oraon was the recorded Raiyat with res...
Sharda Construction Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-16-2004
Reported in: [2004(2)JCR494(Jhr)]
P.K. Balasubramanyan, C.J.1. This appeal is filed by the petitioner in WP (C) No. 6754 of 2002. The appellant is a partnership firm and had entered into three contracts with the respondents. The appellant is hereinafter referred to as the contractor and the respondents as the Department of Road Construction.2. The contractor had entered into three contracts. Job No. 515 was the subject matter of the contract-dated 18.3.1999. It was for the widening of the national highway between kilometers 53 to 63. The second contract of even date related to Job No. 560, the widening of the national highway from kilometers 67 to 75. The third was Job No. 538 and the contractor entered into a contract for that on 2.7.2000 and it was also for widening of another strip of the national highway. The period for completion of the work in all these contracts was one year.3. The contractor approached this Court by taking the stand that he had completed the contracts relating to Job Nos. 515 and 516 and that o...
Krishna Prasad Vs. Jharkhand State Electricity Board, Through Its Chai ...
Court: Jharkhand
Decided on: Jan-16-2004
Reported in: [2004(3)JCR159(Jhr)]
ORDER1. Since on an earlier occasion, a bench of this Court had directed that both the matters will be considered together, they are being so considered.2. The appellant-writ petitioner was working on honorarium as a teacher in the Patratu Thermal Power Station High School, Patratu. That arrangement of teaching on honorarium was put an end to in the year 1988. The appellant obviously accepted that position and did not challenge the decision within a reasonable time. The writ petition giving rise to this appeal was filed in the year 1995, presumably taking inspiration from some orders said to have been passed in some other writ petitions.3. The learned Single Judge dismissed the writ petition holding that it was highly belated, that the petitioner only worked on honorarium basis and that such working did riot create any right in the petitioner to claim permanency or a claim for being absorbed. It was also observed by the learned Judge that the instant case is fully covered by the judgme...
Michael Longa Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-15-2004
Reported in: [2004(2)JCR149(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the learned counsel for the parties.2. The prayer of this petitioner in this writ petition is to quash the part of the order dated 12.11.1999 as contained in Annexure 5 to the writ petition whereby the petitioner was granted second time bound promotion w.e.f. 25.9.1984 on the ground that he has completed 25 years of service after grant of first time bound promotion but with direction that the petitioner shall not be entitled to any monetary benefits as he has already availed the salary and other emoluments for the said period while he was posted as Accountant and further prayer of the petitioner is to provide him all consequential monetary benefits pursuant to the aforesaid second time bound promotion w.e.f. 25.9.1984 and to calculate his retiral benefits accordingly.3. The stand of the respondents as it appears from the counter affidavit filed by the respondent No. 6 that the petitioner was working as an Emergency Divisional Accountant under the Accou...
Smt. Mariyam Tirkey and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-15-2004
Reported in: [2004(1)JCR571(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. Raj Kishore Prasad assisted by Mr. Sanjay Kumar Pandey, learned counsel for the petitioners and Mr. Kalyan Banerjee. J.C. to Sr. S.C.I. for the State-respondents and with their consent, this writ petition is being disposed off at this stage.2. The writ petitioners are aggrieved by a letter dated 7.11.2002 issued under Memo No. 4779 by the District Education Officer, Ranchi, whereby and whereunder. directions have been given to all Headmasters of the High Schools to make necessary correction in the pay fixation made with effect from 1.1.1986 and indicate the excess amount paid to the teachers so that appropriate steps can be taken for recovery. The petitioners have also made a prayer for quashing the resolution of the Government dated 20.2.1993 issued by the Department of Finance making a grievance that the said resolution cannot disturb the pay fixation made to the petitioner after granting promotion on completion of 12 years of service.3. The petitioners...
Soban Sinku and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jan-14-2004
Reported in: [2004(1)JCR577(Jhr)]
Lakshman Uraon, J.1. The appellants have preferred this appeal against the order of conviction and sentence dated 12.8.96 and 14.8.96 respectively passed by Shri Prashant Kumar, the learned 5th Additional Sessions, Judge, West Singhbhum at Chaibasa in S.T. No. 85/1991, whereby and whereunder, the appellants have been convicted under Sections, 302/149, 307/149, 323/149 and 201/149, IPC and sentenced each of them to undergo imprisonment for life for the offence under Section 302/149 IPC and further to undergo R.I. for five years for the offence under Section 307/149 IPC and simple imprisonment for one month for the offence under Section 323/149, IPC and R.I. for 2 years for the offence under Section 201, IPC. However, it was directed that all the sentences in respect of each convict shall run concurrently. After filing this Criminal Appeal No. 168/1996 the appellants in the above criminal appeal filed application through jail which was received in the office of Superintendent, Special Ce...
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