Jharkhand Court March 2004 Judgments
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Shogra Khatoon and ors. Vs. Shairun Bibi and ors.
Court: Jharkhand
Decided on: Mar-25-2004
Reported in: AIR2004Jhar109; 2004(2)BLJR1309; [2004(3)JCR299(Jhr)]
ORDERP.K. Balasubramanyan, C.J.1. M.A. 91 of 2003 is filed by the respondent in an application under Section 372 of the Indian Succession Act. M.A. 180 of 2003 is filed by the petitioner in that application. The appellants in M.A. No. 180 of 2003 made that application claiming that they are the second wife and children of one Md. Siddique who was a retired Railway employee. He died on 11.7.1996. The respondents in the application were the admitted wife of Md. Siddique and his children through her. They came forward disputing the status claimed by the petitioner No. 1 as the second wife and the other petitioners, as the children of Md. Siddique. It is seen that Md. Siddique had nominated the first respondent, his admitted wife, as the nominee in his service records for receipt of service benefits.2. Evidence was taken by the Trial Court, which posed itself for decision the question whether petitioner No. 1 before it, was the legally wedded wife of Md. Siddique and the other petitioners,...
Md. YasIn Vs. Abdul Qayum and ors.
Court: Jharkhand
Decided on: Mar-25-2004
Reported in: [2006(1)JCR366a(Jhr)]
ORDERP.K. Balasubramanyan, C.J.1. The plaintiffs filed a suit for eviction under Section 11 of the Bihar Buildings {Lease, Rent & Eviction) Control Act against the defendant in the suit. The plaintiffs alleged that they had let the defendant into possession of the building as a tenant. The defendant filed a written statement denying the existence of the relationship of landlord and tenant between the parties. The defendant set up a case that the title to the building vested in his father-in-law.2. At this stage, the father-in-law of the defendant purported to come forward with an application under Order I Rule 10 of the Code of Civil Procedure seeking his impleading. Apparently, he wanted to claim an indefeasible title over the building. The trial Court taking note of the nature of the suit and the relief prayed for, rejected the application. That order is challenged in this proceeding under Article 227 of the Constitution of India.3. Learned Counsel for the petitioner referred to the ...
Vee Ess Enterprises Vs. Central Coal Fields Ltd. and ors.
Court: Jharkhand
Decided on: Mar-24-2004
Reported in: [2004(2)JCR518(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. The petitioner in this writ application has challenged the order as contained in Annexure-3 to the writ application dated 22.1.2002 whereby the Project Officer, Parej East, O/C Project, P.O. Ghatotand, District-Hazaribagh has deducted Rs. 2,11,790/- (Rs. Two lakhs eleven thousand seven hundred and ninety) from the 2nd running bill of the petitioner by way of compensation under the Workmen's Compensation Act on account of death of one Talo Manjhi who was said to be employee of the petitioner employed as guard.3. Mr. V. Shivnath, learned counsel appearing for the petitioner submits that the Project Officer of the Central Coalfields Limited had no authority or jurisdiction to determine the amount of compensation under the Workmen's Compensation Act and to deduct the said amount from the running bill of the petitioner. It is submitted that only the Commissioner under the Workmen's Compensation Act has the jurisdiction to decide as to whether...
State of Bihar and anr. Vs. Akhil Chandra Gope
Court: Jharkhand
Decided on: Mar-24-2004
Reported in: [2004(2)JCR515(Jhr)]
ORDERP.K. Balasubramanyan, C.J.1. This writ appeal is by the State of Bihar and its Water Resources Department, the respondents in CWJC No. 1191 of 1996(R) on the file of this Court. An earthen dam under Kyroni Madhyam Sinchai Yojana was constructed in Simdega Division. The work was done under the supervision of the respondent-the writ petitioner, and the contractor completed the work in the year 1983. About two years thereafter, some time in July, 1985, the dam breached. The writ petitioner, the respondent, was put under suspension and a departmental proceeding was initiated against him. In December, 1982 the inquiry officer submitted a report with a finding that the respondent was not guilty of the charges levelled against him. But he suggested that a warning be issued to the writ petitioner, the respondent in the appeal. According to the writ petitioner, this recommendation was accepted by the Commissioner, Minor Irrigation But the Minister, Water Resources differed and recommended ...
Ramkeshwar Sahu Vs. State of Bihar
Court: Jharkhand
Decided on: Mar-24-2004
Reported in: [2004(3)JCR297(Jhr)]
Hari Shankar Prasad, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 10.6.1999 passed in G.R. No. 18-of 1992 whereby and whereunder the learned Special Judge, Gumla convicted the appellant under Section 7(i) and (ii) read with Section 3(2)(c) of the EC Act and sentenced him to undergo RI one year.2. Prosecution case in brief is that Md. Shafiq, Supply Inspector, Gumla along with Akhleshwar Prasad Singh, Assistant Director of Social Security and Markanday Durai, Block Supply Officer, raided the house of Ramkeshwar Sahu on 16.11.1992. At the time of raid, Mukhia Hari Singh and Vinay Kumar Kashyap were also present. On search six quintals of Sugar and 15 litre of Kerosene Oil were found but as no paper was shown by the appellant, then in presence of witnesses, seizure list was prepared and the same was given to Bal Mukund Sahu on Zimma Nama. Thereafter FIR was lodged and a case under the aforesaid sections was registered. Cognizance in the case ...
Augustine Toppo and ors. Vs. State of Bihar
Court: Jharkhand
Decided on: Mar-24-2004
Reported in: [2004(3)JCR552(Jhr)]
Hari Shankar Prasad, J. 1. This appeal arises out of order dated 17.9.1998 passed in Succession Case No. 163 of 1995 by 5th Additional Judicial Commissioner, Ranchi whereby the case was dismissed in part for Rs. 99,825/- deposited in Double Benefit Deposit Scheme dated 25.5.1988 in Account No. L.F. No. 1534 in Dank of India, Khelari Branch in the name of Mariam Toppo.2. The case of the appellants-applicants in brief is that Mariam Toppo and Paloosh Toppo were the husband and wife respectively and applicants are their grand sons and grand daughters. Mariam Toppo died on 3.4.1992 leaving behind her only son Albis Toppo who also died on 29.10.1994 leaving behind three sons Augustin Toppo, Alexeus Toppo and Andrias Toppo and they are applicants here. The applicant Alexeus Toppo died during the pendency of this case and his heirs were substituted as applicant No. 2 to 2 (O). Further, Poloosh Toppo died since long when the father, of the applicants was minor and that the deceased Mariam Topp...
Hiralal Munda Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-24-2004
Reported in: [2005(2)JCR539(Jhr)]
Lakshman Uraon, J.1. The sole appellant has preferred this appeal against the judgment and order of conviction and sentence dated 21.6.1999 and 23.6.1999 respectively, passed by the learned 3rd Additional Sessions Judge, Hazaribagh, in Sessions Trial No. 305 of 1995, whereby and where- under, he has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment.2. Informant Ramesh Prasad (PW 2) was at his shop, situated in his own house at Village-Sukarigarha (Laari), Police Station-Ramgarh, in his business premises. On that day i.e., 11.1.1995 at 11.15 a.m. he was informed by his cousin brother Ranjit Prasad (PW 9) that his elder brother Rabindra Prasad was murdered at Sauradih by this appellant Hira Lal Munda. He along with his younger brother Umesh Prasad (PW 1) went to village Sauradih where they found the dead body of his elder brother Rabindra Prasad in front of the house of Maha karmali. At that place Gulia Devi (PW 4), Panko Devi (PW 5), Py...
Nageshwar Prasad Poddar and anr. Vs. State of Bihar
Court: Jharkhand
Decided on: Mar-24-2004
Reported in: [2005(2)JCR621(Jhr)]
Hari Shankar Prasad, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 14.12. 1998 passed in Kotwali PS Case No. 751/91, whereby and whereunder the learned 5th Additional Judicial Commissioner-cum-Special Judge, EC Act, Ranchi, held the appellants guilty under Sections 7 of the EC Act and convicted and sentenced them to undergo RI for one year each.2. A written complaint was lodged by Udaykant Thakur. Marketing Officer, Ranchi on the basis of which Kotwali P S Case No. 751/91 under Section 7 of the EC Act was registered against appellants and after investigation I.O. submitted charge-sheet against the appellants. According to written complaint, the case is that on 26.11.91 at 3 p.m. Udaykant Thakur, informant, who is marketing Officer. Ranchi alongwith Wakil Marandi. Supply Inspector, inspected the retail coal shop of the appellant Nageshwar Poddar situated in Jagatpal Street, Ward No. 3 Ranchi and at that time appellant Nageshwar Prasad, in wh...
Bhikhari Mahato Vs. State of Bihar
Court: Jharkhand
Decided on: Mar-24-2004
Reported in: [2005(2)JCR619(Jhr)]
Hari Shankar Prasad, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 27.11.1999 passed in Sessions Trial No. 70 of 1993, whereby and whereunder the learned Additional Sessions Judge Seraikella held the sole appellant guilty under Section 376, IPC and convicted and sentenced him to undergo RI for five years.2. The prosecution case in brief is that Shanti Kumari lodged an FIR with Rajnagar P.S. on 14.5.1992 stating therein that on 6.3.1992, after taking meal, she was sleeping in her house in the night with her sister Panu Kumari and niece Rango Kumari and door was not locked or bolted and a lantern was burning in the room and in the night the appellant entered into the room after pushing has door and closed her mouth, threw her on the ground and threatened her that if she raised alarm, she would be killed and removed her Sari and Shhaya and committed rape on her. She gave slap twice still the appellant went on committing rape on her. She wanted...
Ram Pravesh Kumar (Mapak) Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-22-2004
Reported in: [2004(2)JCR251(Jhr)]
ORDERAmareshwar Sahay, J.1. In this writ application the petitioner has prayed for quashing of the, office order contained in Memo No. 600, dated 05.06.1998 issued under the signature of Director, Land Acquisition and Rehabilitation, Department of Water Resources, Government of Bihar, whereby the services of the petitioner was terminated on the ground that the Rehabilitation Officer, who had appointed the petitioner had no authority or power to make such appointment and therefore, the initial appointment of the petitioner was illegal.2. The petitioner was appointed in the year 1986 by issue of an Office Order vide Annexure 1 under the signature of Rehabilitation Officer, Medium Irrigation Project, Ranchi, to the post of Chain Man (Janzeer Wahak). Subsequently, by issue of a letter dated 12th January, 1989 the Director, Land Acquisition and Rehabilitation, Department of Water Resources, Government of Bihar the petitioner was promoted to the post of Amin.3. The petitioner lastly was post...
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