Jharkhand Court January 2004 Judgments
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Kiran Yadav Vs. State of Bihar
Court: Jharkhand
Decided on: Jan-12-2004
Reported in: 2004CriLJ1711
Hari Shankar Prasad, J. 1. This appeal is directed against the judgment of conviction dated 4-3-1998 and order of sentence dated 17-3-1998 passed in Sessions Trial No. 398 of 1996 whereby and whereunder the learned 1st Additional Sessions Judge, Chatra held the appellant guilty under Section 376 of the Indian Penal Code and convicted and sentenced him to undergo R.I. for ten years.2. Prosecution case in brief is that the informant Jashoda Devi gave written report before the officer-in-charge of Hunterganj police station stated inter alia therein that on 19-1-1996 at about 4.00 pm. in the evening she had gone to collect cow dung from half a kilometer south towards in the forest and after collecting cow dung she was returning back at that time the appellant caught her and when she tried to raise alarm, then he threatened her to commit murder and thereafter he threw her on the ground and committed rape on her. She came home but out of shame, she did not narrate the occurrence to anybody. ...
Bipat Mandal Vs. State of Bihar
Court: Jharkhand
Decided on: Jan-12-2004
Reported in: [2005(2)JCR485(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the appellant has been directed against the impugned judgment and order dated 16.4.1998 passed in Session Trial No. 22 of 1997/9 of 1997 by Sri Amod Prasad Ram, 1st Additional Sessions Judge, Dumka, Santhal Pargana whereby and whereunder the appellant was found guilty for the offence punishable under Section 376 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 200/- and in default thereof to undergo further R.I. for two months.2. The prosecution case has arisen on the basis of the written report of PW 10 Purnima Mandal, the informant and the alleged victim of ravishment in this case lodged before the Kundahit PS on 4.6.1996 at 11.30 hours regarding the occurrence which is said to have taken place on 3.6.1996 at 20.00 hours in the bush behind the house of PW 11 Mamta Rani Mandal, wife of Manik Chandra Chatterjee in village Kamlia P.S. Kundahit District Dumka now Jamtar...
Ram Vyas Mishra Vs. Jharkhand State Electricity Board and anr.
Court: Jharkhand
Decided on: Jan-09-2004
Reported in: [2004(1)JCR451(Jhr)]
ORDERTapen Sen, J. 1. Heard counsel for the parties and with their consent, this writ petition is being disposed off at this stage.2. On 18.12.1998 while the petitioner was posted as Assistant Electrical Engineer (System Operation), South Chotanagpur Area Electricity Board, he was served with the letter of the same date (Annexure 2) wherein he was asked to show cause as to why appropriate departmental action be not Initiated against him if he was unable to satisfactorily explain the charge that was levelled against him. Upon perusal of Annexure 2, the charge appears to be in relation to non-furnishing of a report to the department of revenue of the Board relating to electrical connection given to a consumer, namely, Laxman Mahto being SBR Connection (Domestic) No. 193. This connection is said to have been given on 13.10.1986.3. Upon receipt of the aforementioned notice to show cause, the petitioner justifiably reacted and expressed his astonishment through his reply dated 30.1.1999 in ...
Ravindra Prasad Vs. Bokaro Steel Plant and ors.
Court: Jharkhand
Decided on: Jan-09-2004
Reported in: 2004(52)BLJR511; [2004(1)JCR517(Jhr)]
Amareshwar Sahay, J.1. The petitioner was employed as Fitter-cum-Waterman in Bokaro Steel Plant, Bokaro. The charge-sheet was served on him for misconduct of theft, by the Chief Personnel Manager on 23.9.1983 and an enquiry was initiated against him and thereafter he was terminated from his service. Then on a complaint filed by the petitioner under Section 33A of the Industrial Disputes Act, 1947, Miscellaneous Case No. 48 of 1995 was registered by the Labour Court, Bokaro Steel City. In the complaint, the petitioner has made a prayer for an award for his reinstatement with full back wages and other benefits. The Presiding Officer, Labour Court, Bokaro Steel City by his award dated 29.2.1998, found that the misconduct has been proved, but, however, considering the fact that the order of dismissal from service was too harsh and disproportionate to such a petty nature of misconduct, held that the petitioner be reinstated in service without back wages on the same post and pay, he last hel...
Aklesh Kumar Singh Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jan-09-2004
Reported in: [2004(1)JCR569(Jhr)]
Amareshwar Sahay, J.1. In the present writ application, the petitioner has prayed for quashing of the order as contained in Annexure 7 to the writ application, whereby the disciplinary authority of the petitioner by order dated 31.8.1987 imposed punishment of dismissal from Service on the basis of the Enquiry Report of the departmental proceeding against the petitioner and also the order of the appellate authority as contained in Annexures 8, 8/1 and 8/2 to the writ application passed by the D.I.G., Director General of Police and the State Government dismissing the appeal and confirming the punishment awarded to the petitioner by the disciplinary authority.2. The facts of the matter in short are that the petitioner was a Police Constable posted in Bihar Military Police No. IV, Bokaro and he was charged for committing forgery and fraud by doing a wrong entry in the record of Company Office and also for taking diet allowances for the unauthorised period and, accordingly, for the said cha...
Cement Corporation of India Ltd. Vs. Narula Trading Corporation and or ...
Court: Jharkhand
Decided on: Jan-09-2004
Reported in: [2004(2)JCR491(Jhr)]
S.J. Mukhopadhyaya, J.1. The petitioner, Cement Corporation of India Ltd. (hereinafter referred to as the CCI), a Government of India Enterprises, have challenged the order dated 16th December, 2002 and 28th March, 2003 passed by the Chief Justice of Jharkhand High Court, Ranchi in A.A. No. 16 of 2002. By the order dated 16th December, 2002, the Chief Justice of Jharkhand High Court while held that the appointment of Arbitrator as made by the respondent (petitioner herein) shall not be taken into consideration and observed that he would like to appoint an Arbitrator exercising his power under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act, 1996). By subsequent order dated 28th March, 2003 while the Chief Justice refused to review the order dated 16th December, 2002, allowed time to the respondent (petitioner) to submit a panel of Arbitrators to enable the Chief Justice to select the name of an Arbitrator from the panel as submitted by bo...
National Insurance Company Ltd. Vs. Mostt. Anthonet D'Souza and Ors.
Court: Jharkhand
Decided on: Jan-09-2004
Reported in: III(2004)ACC774; [2004(3)JCR262(Jhr)]
ORDER1. The defect No. 6 pointed out by defect report dated 6.11.2003 is ignored and the defects 1 to 5 and 7 be removed in course of day.2. Heard. The insurer has challenged the award dated 5.10.2002 in the present appeal filed under Section 173 of the Motor Vehicles Act, 1988 on the ground that the driver of the offending vehicle was not having a valid driving licence and as such on the ratio of the decision of the Apex Court in New India Assurance Company Limited, Shimla v. Kamla and Ors., AIR 2001 SC 1419, the appellant must have been given liberty to realize the compensation amount paid to the claimants from the owner of the vehicle. We find that although plea of invalid driving licence was taken in the pleadings of the Insurance Company before the Tribunal, but absolutely no evidence, either oral or documentary, was adduced to prove the same and, therefore, the tribunal, in our opinion, rightly did not held the driving licence in question to be invalid. We, therefore, find no rea...
Sultan Ansari Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jan-09-2004
Reported in: [2005(2)JCR512(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the appellant has been directed against the impugned judgment and order dated 24.7.1998 and 27.7.1998 respectively passed in Sessions Trial No. 50 of 1994/Trial No. 139 of 1994 by Sri Dhananjay Prasad Singh, 1st Additional Judicial Commissioner, Ranchi whereby and whereunder the appellant was found guilty for the offence punishable under Section 395 of the Indian Penal Code, and he was convicted and sentenced to undergo R.I. for 10 years. However, co-accused Safdar Ansari was not found guilty under Section 395 of the Indian Penal Code, and he was accordingly acquitted.2. The prosecution case has arisen on the basis of the fardbeyan of PW 1 Ram Lochan Prasad Gupta recorded by S.I. J.N. Singh of Ratu P.S. on 24.9.1992 at 4.30 hours at his house at village Banapiri regarding the occurrence which is said to have taken place on 23.9.1992 at 19.30 hours in his house in the said village in which several ornaments worth Rs. 6,000/- from th...
Anil Kujur Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jan-09-2004
Reported in: [2005(2)JCR495(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the appellant is directed against the impugned judgment and order dated 27.6.1998 passed in Sessions Trial No. 326 of 1997/T.R. No. 6 of 1997 by Shri Anant Vijay Singh 3rd Additional Judicial Commissioner, Ranchi whereby and whereunder the appellant was found guilty for the offence punishable under Section 366A and 376 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for ten years each under Sections 366A and 376 of the Indian Penal Code. However, the sentences were ordered to run concurrently.2. The prosecution case has arisen on the basis of the first information report (Ext. 2) of PW 2 Sadho Tirkey, the father of PW 1 Manit Tirky @ Guddu, said to be five years old and victim of the alleged ravishment in this case lodged before Namkom Police Station on 16.9.1996 at 11.00 hours regarding the occurrence which is said to have taken place on 15.9.1996 at 19.30 hours in village Chhota Kavali...
Bashisth Narayan @ Bashisth NaraIn Prasad Vs. A.K. Upadhyaya Administr ...
Court: Jharkhand
Decided on: Jan-08-2004
Reported in: 2004CriLJ1155; [2005(1)JCR466(Jhr)]
ORDER1. Heard both sides.2. The Registry has raised an objection that this appeal is not maintainable under Section 19 of the Contempt of Courts Act. The appellant filed an application under the Contempt of Courts Act. His complaint was that his retrial benefits have not been given inspite of direction in that behalf. It was found that the retrial benefits had been paid. Then it was pointed, out by the appellant that there was a direction for payment of interest in the original judgment rendered and that has not been complied with and that amounts to contempt of Court and action must be taken. The learned Single Judge, taking note of the circumstances prevailing in the Bihar State Road Transport Corporation and the further fact that the financial affairs relating to that Corporation were being monitored by the Supreme Court in a proceeding pending before that Court, declined to take action under the Contempt of Courts Act merely on the ground that interest had not been paid. Thus the c...
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