Jharkhand Court May 2004 Judgments
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Uma Shankar Gopalka and anr. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: May-13-2004
Reported in: 2004CriLJ2954; [2006(1)JCR190(Jhr)]
ORDERHari Shankar Prasad, J. 1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceedings initiated against the petitioners in Complaint Case No. 1204/2002 including order taking cognizance dated 27-1-2003, whereby and whereunder cognizance for an offence under Sections 323, 341, 379, 406 and 120B, IPC has been taken against the petitioners.2. Facts giving rise to the filing of this application are that the opposite party No.2 (hereinafter referred to as the 'complainant') has filed a complaint case stating therein that vehicle was purchased by the financier namely, M/s. Gopalka Auto Finance Ltd. on 23-2-1998 on the basis of hypothecation agreement and as per agreement the said vehicle was financed by the financier of Rs. 7,55,150/- with insurance for the period of three years (23-2-1998 to 23-2-2001) and 35 instalments were fixed as per the agreement entered into by both the parties. Due to money problem the compla...
Surendra Nath Das Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: May-13-2004
Reported in: 2004CriLJ2952; [2006(1)JCR170(Jhr)]
ORDERHari Shankar Prasad, J. 1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire proceedings initiated against the petitioner in Complaint Case No. 425/95 on 3-9-1996 under Sections 323 and 341, IPC including order taking cognizance dated 26-2-1998.2. Facts giving rise to the filing of this application are that the opposite party No. 2 (hereinafter referred to as the 'complainant') filed a complaint case being Complaint Case No. 425/96 alleging therein that on 2nd August, 1996 at about 3 pm. while complainant was returning from Bijupara to his home then a jeep stopped in the way and all the accused persons including the petitioner got down from the jeep and surrounded the complainant and Kumar Parasnath uttered to give him kicks and demands accounts and thereafter Suresh Prasad gave him fists and slap and other accused persons caught his hair and forcibly threw him in the jeep and caused injury to the complainant on elbow and h...
R.D. Singh (Contractor) Through Its Proprietor Ram Das Singh Vs. Steel ...
Court: Jharkhand
Decided on: May-13-2004
Reported in: [2004(3)JCR613(Jhr)]
ORDERTapen Sen, J. 1. Heard the parties and with their consent, this writ petition is being disposed off at this stage itself.2. The petitioner is a Proprietorship Firm and was granted contract work on 3.4.2001 by Annexures-1 and 1/1 for transportation of LD Slag Dust from the Coke Ovens to the Sintering Plant and then to unload the material into Bunker of the said Plant. For the aforementioned purpose, (it has been stated in paragraph-7 of the writ petition) the petitioner engaged the vehicle of M/s. Shankar Builders for transporting the said LD Slag Dust.3. On 3.7.2001, the Central Industrial Security Force (CISF) submitted a report (see paragraph-10 of the Counter Affidavit) that one extra trip had been made to pass fraudulently through the truck in question carrying with it the same materials twice without unloading the contents at the end of the first trip in the bunker of the Sintering Plant. This was in violation of the contractual terms and conditions. It was further reported t...
Hasbun Nisha Vs. Bihar State Road Transport Corporation and anr.
Court: Jharkhand
Decided on: May-13-2004
Reported in: 2004CriLJ4713; [2004(3)JCR596(Jhr)]
ORDERTapen Sen, J. 1. Heard Mr. Sanjay Kumar Pandey, learned counsel for the petitioner and Mr. S.N. Pathak, learned counsel for the Bihar State Road Transport Corporation.2. The petitioner in the instant case prays for initiation of contempt proceeding against the opposite parties for disobeying the Order dated 17.2.1997 passed by an Hon'ble Single Judge in C.W.J.C. No. 489 of 1996. According to the petitioner, the full amount of his post retiral dues have not been paid till now.3. During the course of arguments. Dr. S.N. Pathak submitted that the matter relating to revival of B.S.R.T.C. is being monitoring by the Hon'ble Supreme Court of India and Orders from time to time are being issued. He draws attention of this Court to an Order passed on 31.3.2003 in C.W.J.C. No. 2453 of 1996 [see 2003 (3) JCR 154 (Jhr)] which reads' as follows : (JCR p. 155)'2. During the course of arguments. Mr. P.P.N. Roy, learned counsel for the respondents has submitted that the matter relating to revival ...
Hira Lal Yadav Vs. State of Jharkhand
Court: Jharkhand
Decided on: May-13-2004
Reported in: [2004(4)JCR617(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This revision application has been preferred by the petitioner against the order dated 17th August, 2002 passed by the learned Additional District and Sessions Judge, Jamtara in Sessions Trial No. 270 of 2001, whereby and whereunder, the petition for discharge filed by the petitioner Under Section 227 of Cr PC has been rejected.2. The case of prosecution as per fardbeyan of Shiv Chandra Prasad (deceased) recorded by ASI, of Mihijam Police Station of 9th March, 1992 at 8 a.m. is that while he had gone to his Sand ghat at 6 am for measuring and loading sand on truck, Rejendra Yadav, Ganesh Yadav along with unknown person, whom the informant can identify, came with weapons Rajendra Yadav came along with bltala and asked about the lease papers upon which the informant replied that the documents will be shown to the Officers. Thereafter, Rajendra Yadav assaulted the informant causing grievous injuries at various places Ganesh Yadav also assaulted the informant o...
National Institute of Technology Vs. Chandra Shekhar Chaudhary and ors ... Overruled
Court: Jharkhand
Decided on: May-13-2004
Reported in: [2004(4)JCR372(Jhr)]
P.K. Balasubramanyan, C.J. 1. This appeal by respondent 1 in WP @ No. 3966 of 2003 challenges the decision of the learned Single Judge allowing that writ petition filed by the respondent herein and directing the appellant to relieve the respondent herein within a week of receipt of a copy of the judgment so as to enable him to pursue Ph.D. Course in Indian Institute of Technology, Madras.2. The writ petitioner is an Associate Professor in Metallurgical Engineering Department of the National Institute of Technology, Jamshedpur, the appellant herein. According to the writ petition, the writ petitioner submitted an application for admission in Quality Improvement Programme (QIP) sponsored by AICTE through the Regional Institute of Technology, Jamshedpur. He was selected for admission in Indian Institute of Technology, Madras and was asked to appear at that institution for completing preregistration formalities. According to the writ petition, though he made an application to the appellant...
Mina Devi Vs. State of Jharkhand
Court: Jharkhand
Decided on: May-12-2004
Reported in: [2004(2)JCR591(Jhr)]
ORDERHari Shankar Prasad, J. 1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order of cognizance dated 7.8.1996, passed in Mandu P.S. Case No. 76 of 1996 corresponding to G.R. No. 372 of 1996.2. Facts giving rise to filing of this application are that on 2.3.1996, Sub-Inspector of Police, Mandu P.S., District-Hazaribagh lodged a fardbeyan on his statement with the Mandu P.S. that he received secret information that one coal smuggler Vinod Jaiswal was to transport coal illegally; thereafter he along with two independent witnesses and police personnel raided a place namely Nonia Beda and seized two 407 Mini Buses bearing Nos. BR-13(L)-18654 loaded with 22 bags of slack coal and other Mini Bus bearing No. BR-13-P/0123 loaded with 25 bags of slack coal along with two members of the bus staff. The coal smuggler Vinod Jaiswal and some other associates escaped from the place of occurrence in the darkness of the night. After investigation...
Shailendra Kumar Jha and ors., Vs. Fertilizer Corporation of India Lim ...
Court: Jharkhand
Decided on: May-12-2004
Reported in: [2004(3)JCR115(Jhr)]; [2005]63SCL507(Jhar)
M.Y. Eqbal, J.1. Heard the parties.2. In all these writ petitions, the petitioners have challenged the Memorandum of Understanding dated 5.2.2004, entered into between the Department of Fertilizer any Ministry of Home Affairs, whereby and whereunder the Department of Fertilizer, Government of India has agreed to hand over possession of the properties belonging to the Fertilizer Corporation of India Limited at its Sindri unit. Petitioners have also sought for a mandamus directing the respondent-Fertilizer Corporation of India to lease out the residential accommodation situated at Sindri unit of the Corporation.3. The short facts of the cases are that the petitioners were working in the Fertilizer Corporation of India Limited as its Sindri unit (in short the F.C.I). Due to financial crunch, winding up process of the unit was initiated and a decision was taken for the transfer of assets of different unit of the F.C.I. under Sick Industrial Companies ( Special Provisions) Act, 1985.4. Peti...
Satyendra Kumar Mishra Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: May-12-2004
Reported in: [2004(2)JCR592(Jhr)]
ORDERHari Shankar Prasad, J. 1. This application under Section 482 of the Code of Criminal Procedure had been filed for quashing the order dated 8.1.2003, passed in C/1 Case No. 49 of 2002 whereby the learned Chief Judicial Magistrate, Chaibasa had taken cognizance under Sections 147/149/380/120B and 427 of the Indian Penal Code and subsequent orders passed in the aforesaid case whereby summons have been ordered to be issued against the petitioner.2. Facts giving rise to the filing of this application are that O.P. No. 2 filed a complaint case being C/l No. 49 of 2002 stating therein that he was in possession over plot No. 1872 recorded under khata No. 293 on which the shop rooms and residential houses of the complainant were situated and premises were recorded in the name of Janmayjay Singh, father of the complainant-O.P. No. 2, in the revisional survey khatiyan and houses were also constructed by his father who remained in possession till his death and after his death, the complainan...
Krishna Prasad Sinha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-12-2004
Reported in: [2004(3)JCR228(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. The prayer of the petitioner in this writ application is for quashing the letter No. Pen 4-2578 dated 4.2.2002, issued by the Accountant General, Bihar & Jharkhand whereby the pension of the petitioner has been reduced and fixed on the basis of the pay scale of Rs. 4000-6000 in place of Rs. 5000-8000. Further prayer is for direction to the concerned respondent to fix the pension of the petitioner on the basis of last pay drawn by the petitioner in the pay scale of Rs. 5000-8000/- which was granted to him by virtue of Government circular dated 15.3.1991 in the light of the judgment and order passed by Patna High Court in C.W.J.C. No. 2458/87 and C.W.J.C. No. 4781/82.3. The case of the petitioner is that he was appointed and posted as Auxiliary Health Worker at Primary Health Centre, Ramgarh and he retired from service on 31.7.1997. In the year 1965 one post of Block Extension Educator was created for each Block under the control of the He...
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