Jharkhand Court December 2004 Judgments
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Smt. Saroj Jaiswal and anr. Vs. the State of Bihar and anr.
Court: Jharkhand
Decided on: Dec-23-2004
Reported in: 2005(1)BLJR484; 2005CriLJ1767; [2005(1)JCR371(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This revision application has been preferred by the petitioners against the order dated 26th April, 2003, passed by Kumari R. Asthana, learned Judicial Magistrate, 1st Class, Ranchi, in Complaint Case No. 54 of 2002, whereby and whereunder, the application filed on behalf of the petitioners for their discharge under Section 245 of the Code of Criminal Procedure has been rejected and the learned Court below has fixed the date for framing the charges.2. The main plea taken by the petitioners is that the dispute being civil in nature, relating to transfer of land, the criminal proceeding was not maintainable against the accused/petitioners. Further, as petitioner No. 2 has no concern with the land in question, the question of framing charges against him does not arise.3. From the petition, filed by the petitioners, it appears that opposite party No. 2 filed a complaint petition, registered as Complaint Case No. 54 of 2002, wherein, he has stated that accus...
Mohan Ram Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-23-2004
Reported in: [2005(1)JCR340(Jhr)]
ORDER1. The appellant's unsatisfied claim for 18% per annum interest on delayed payment of pension and gratuity has culminated into this appeal. The appellant had retire from the Government service on 31.1.1998 on attaining age of superannuation. Admittedly the retiral dues were paid to him in the month of July 2001 i.e. after the delay of more than three years. According to the appellant, the Pension Payment Order (P.P.O.) dated 16.2.1999 was issued by the Accountant General, Bihar with a condition of recovery of the amount of pay and allowances of certain period from the appellant which according to him were legally paid to him. The appellant immediately protested against the said condition of recovery by making representation against the said pension payment order. Against the said P.P.O. the petitioner had filed a writ application being C.W.J.C. No. 521/2000 before the Patna High Court. The writ petition was disposed of by order dated 5.2.2001 with direction to the respondents to h...
Shankar Chakravarty Vs. Smt. Puspita Chakravarty
Court: Jharkhand
Decided on: Dec-23-2004
Reported in: AIR2005Jhar92; 2005(1)BLJR360; I(2006)DMC582; [2005(1)JCR360(Jhr)]
Hari Shankar Prasad, J.1. This appeal, at the instance of the appellant, is directed against the judgment dated 28.8.1998 and decree dated 7.9.1998 passed in Matrimonial Suit No. 19/13 of 1991-97.2. The case of the petitioner-appellant in brief is that the petitioner is Hindu governed by Hindu Marriage Act, 1955 and marriage of the petitioner with the respondent was solemnized on 25th July, 1982 at quarter No. 12, Jaba Road, Haludbani, P.S. Parsudih, town Jamshedpur, District Singhbhum East according to Hindu rites and customs and after marriage respondent came to her Sasural and both the petitioner-appellant and respondent lived together as husband and wife from 26.7.1982 to 1.4.1985. Their marriage was consummated and out of the wedlock a son was born to the petitioner and respondent on 18.11.1983. The petitioner was maintaining a very good and cordial relation with the respondent. It is stated that during the stay with petitioner the respondent behaved very irrationally with him and...
Radhey Shyam Mandal @ Bablu Mandal Vs. State of Jharkhand
Court: Jharkhand
Decided on: Dec-23-2004
Reported in: 2005CriLJ2832; [2005(1)JCR342(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This application under Section 482 of Cr PC has been preferred by the petitioner against the order dated 13th February, 2001 passed by the learned Chief Judicial Magistrate, Dumka, whereby cognizance of offence under Sections 147, 148, 448, 341, 323, 324, 307 and 379 of the Indian Penal Code has been taken against the accused persons including the petitioner.2. It appears that on the basis of the fardbeyan of Smt. Sati Devi recorded on 16th October, 2000 at 9.30 p.m. at Dumka (T) Police Station, Ramgarh P.S. Case No. 89/2000 corresponding to G.R. No. 984/2000 dated 18th October, 2000 was instituted under Sections 147, 148, 448, 341, 323, 324, 307 and 379 of the Indian Penal Code against several accused persons including the petitioner. In the said far dbeyan, the informant alleged that on 16th October, 2000 at 1.30 p.m. she along with her sister-in-laws (Gotni) Paro Devi; (Nanad) Sabni Mosmat and her daughterin-law (Phool Kumari) were in the house! All ...
Mukhlal Choudhary and ors. Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Dec-23-2004
Reported in: 2005(1)BLJR411; [2005(1)JCR381(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This revision application has been preferred by the petitioners against the order dated 21st February, 2003 passed by learned 3rd Additional Sessions Judge, Palamau at Daltonganj, under Section 319 of the Code of Criminal Procedure in Sessions Trial No. 130 of 1993, whereby and whereunder, the petitioners have been summoned to answer the charges under Section 395 and 397 of the Indian Penal Code and further as to why they be not put on trial together with the two accused, namely, Fagu Choudhary and Sarju Chaudhary, already facing trial.2. According to the petitioners, it is at much belated stage i.e. after thirteen years and they have been summoned to answer the charges under Sections 395 and 397 of the Indian Penal Code, though there is no compelling reason, shown in the impugned order dated 21st February, 2003.3. Admittedly, an FIR was lodged by the informant for the offence under Section 395 of the Indian Penal Code on 22nd August, 1990 against eight...
Jitendra Kumar Pandey Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-23-2004
Reported in: [2005(106)FLR992]; [2005(3)JCR315(Jhr)]
ORDERN.N. Tiwari, J.1. This appeal has been preferred by the appellant against the order dated 9th January, 2004, passed by the learned single Judge in W.P. (S) No. 26 of 2004.2. The learned single Judge rejected the claim of the appellant for his compassionate appointment on the ground that he was aged about 11 years at the time of death of his father and even after five years, he had not attained majority.3. The main plea taken by the appellant is that the learned single Judge erred in holding that the appellant was aged about 11 years, which is an error of fact.4. Admittedly, the father of the appellant, namely, (late) Bishnu Kant Pandey, was in the services of the State, working as Assistant Teacher in Project High School, Barepur, Barahi, Japla, District Palamau, who died in harness on 13th June, 1999. The appellant, being his dependent son, thereafter, applied for his compassionate appointment on 1st December, 2000, but it was rejected.5. It appears that the case of the appellant...
The New India Assurance Co. Ltd. Vs. Kuldeep Singh and ors.
Court: Jharkhand
Decided on: Dec-22-2004
Reported in: AIR2007Jhar29; [2007(1)JCR310(Jhr)]
1. This is the insurer's appeal against the judgment and award dated 1.8.2003 passed by the 1st Additional District Judge-Cum-Motor Vehicle Accident Claim Tribunal, Seraikella at Kharsawan in Compensation Case No. 32/1993 whereby the learned Tribunal has awarded Rs. 4,22,000/- to the claimant - respondent No. 1 along with the interest at the rate of 9% per annum from the date of the claim application and on failure to pay the same penal interest at the rate of 12% per annum against the appellant-Insurance Company.2. The facts giving rise to this appeal are that the claimant-respondent No. 1 claimed compensation of Rs. 5.47 Lakhs for 90% disability caused to him by the vehicle accident due to rash and negligent driving of vehicle Jeep No. ORM-932. According to the claimant, on 12.9.90 he was driving a T.V.S. Moped bearing No. BPX-5040 along with one Kailash Chandra Agrawal (AW-1, the owner of the Moped). When he was passing through the village Okari on Sini-Kandra road, he was dashed by...
Abhay Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-22-2004
Reported in: [2005(1)JCR167(Jhr)]
M.Y. Eqbal, J.1. Heard Mr. Mahesh Kumar Sinha, learned counsel appearing for the petitioner and learned JC to AAG appearing for the respondents.2. In this writ petition, petitioner has prayed for quashing the letter No. 1420, dated 23.8.2004 issued by respondent No. 3, Inspector General of Prison, Govt. of Jharkhand, Ranchi whereby the salary of the petitioner has been stopped and also for quashing the order dated 25.8.2004 issued under the signature of respondent No. 4. Jail Superintendent, Sub-Jail, Khunti, Ranchi whereby petitioner was stopped from working and his salary has been stopped.3. Petitioner's case is that in the year 1978 he was called for interview by the Superintendent, District Jail, Giridih and was selected on the post of Dresser on monthly payment of Rs. 165/-. Initially he was appointed for a period of three months but he was allowed to perform his duty till further order. In the year 1982, petitioner was transferred from District Jail, Giridih to Sub-Jail, Tenughat...
Junior Doctor Association Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-22-2004
Reported in: 2005(1)BLJR401; [2005(1)JCR290(Jhr)]
ORDER1. When this case was taken up on 20th December, 2004, learned Advocate General, Jharkhand brought certain difficulties in implementing the Court's judgment and order dated 14th May, 2004 passed in WP (C) No. 5334 of 2003, Junior Doctor Association, Ranchi v. State of Jharkhand and others. It was submitted that there was no guide lines/rule framed for appointment on contract basis or by stop gap arrangement. It takes about six months to one year to fill up the posts on regular basis as the vacancies are to be identified and, thereafter, Jharkhand Public Service Commission (JPSC for short) will publish advertisement for selection and after its recommendation, the appointment can be made. It was further submitted that if the same procedure is followed to fill up the posts on contract basis/or by stop gap arrangement then it will take about six months period and in the meantime, public in general will suffer.2. Today (22nd December, 2004), in course of argument, counsel for the petit...
Bihar Public Service Commission Through Its Secretary Vs. Md. Asad and ...
Court: Jharkhand
Decided on: Dec-22-2004
Reported in: 2005(2)BLJR965; [2005(1)JCR327(Jhr)]
S.J. Mukhopadhaya, A.C.J.1. In both the appeals, as common question of law involved and as conflicting decisions have been given by the learned Single Judges in respect to selection, they were heard together arid are being disposed of by this common judgment.2. L.P.A. No. 532 of 2003 arises out of an order and judgment dated 14th May, 2003 passed by the learned Singh Judge in W.P. (S) No. 5649 of 2003; see Mohd. Asad v. State of Jharkhand, 2003 (3) JCR 508 (Jhr). It was preferred by the writ petitioner lst respondent Md. Asad with two fold prayer le. (i) for direction on the Bihar Public Service Commission (hereinafter referred to as the BPSC) to publish the result of final examination of the primary Teachers (Urdu) held in pursuance of advertisement dated 9th October, 1991 published in the newspaper 'HINDUSTAN' (Annexure-1 to the writ petition) and (ii) on publication of the result, in the event of being declared successful for his appointment against the existing vacancies.3. Admitte...
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