Jharkhand Court June 2004 Judgments
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State of Bihar (Now Jharkhand) Vs. Bijoy Rajwar and ors.
Court: Jharkhand
Decided on: Jun-25-2004
Reported in: [2004(3)JCR534(Jhr)]
Vishnudeo Narayan, J. 1. This appeal at the instance of the opposite party-appellant has been preferred against the impugned judgment and award dated 20.8.1988 and 23.11.1988 respectively passed in land acquisition reference case No. 73 of 1985 by Shri Prabhu Nath Lal. Land Acquisition Judge, Dhanbad whereby and whereunder the reference was allowed in part determining the prevailing market price of the land under acquisition @ Rs. 700/- per decimal and the petitioners-claimant (respondent in appeal) were held entitled to receive the compensation at the said rate besides solatium, additional compensation and interest as per the Amending Act of 1984.2. The State of Bihar (now Jharkhand) acquired 24.70 acres of land of Village-Saraidhela, Police Station-Jharia, District-Dhanbad vide land acquisition case No. 41 of 1977, 78 for the construction of the office and residence of the staff of Bharat Coking Coal Limited and 21.19 acres and 3.51 acres out of it were baid and parti land respective...
Manorma Devi and ors. Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Jun-25-2004
Reported in: [2004(4)JCR642(Jhr)]
Hari Shankar Prasad, J.1. This application Under Section 482 Cr.PC is directed against the order dated 7.12.1998 passed in Complaint Case No. 1092/98, whereby and whereuiider the learned SDJM, Giridih has taken cognizance Under Sections 147, 148, 149, 120B, 452, 323; 341, 342, 354, 380 and 384 IPC,2. Prosecution case in brief is that opposite party-No. 2 (hereinafter referred to as the 'complainant)' filed a complaint, petition, which was registered as Complaint Case No. 1092/98, stating inter alia therein that she runs a grocery shop and on 8.8.1995 at about 12 p.m. petitioners, who are accused in Complaint Case No. 1092/98, came, surrounded the shop and assaulted her and tried to take signatures of the complainant and her husband on a non-judicial stamp paper, for which a proceeding Under Section 107 Cr.PC was initiated and thereafter the complainant reported the matter to the different authorities alleging loss due to damages of the property. After S.A., as many as four witnesses we...
Arun Chandra Sao and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jun-25-2004
Reported in: [2004(4)JCR379b(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the appellants has been preferred against the impugned judgment and award dated 25.1.1989 and 9.2.1989 respectively passed in Land Acquisition Reference Case No. 63 (53) of 1986 by Shri Alok Kumar Sinha, 1st Sub-Ordinate Judge, Chaibasa whereby and whereunder the claim of the applicants was disallowed and the award made by the Collector was affirmed.2. The State of Bihar (now Jharkhand) had acquired 5.82 acres of land of Village - Ghoradhuan, Police Station-Ghatsila. District -Singhbhum, Chaibasa for Sawarnrekha Project vide notification dated 1,2.1981 under Section 4 of the Land Acquisition Act (hereinafter referred to as the said Act) in Land Acquisition Case No. 160 of 1980-81 and the declaration under Section 6 of the said Act was also published on 7.3.1981 and both the notifications were published in the district Gazette. Thereafter, notice under Section 9 of the said Act was issued to the appellant in respect of the land unde...
Pawan Lal Soni and anr. Vs. Sushila Debi Modi and ors.
Court: Jharkhand
Decided on: Jun-24-2004
Reported in: [2004(3)JCR589(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the defendants-appellant has been preferred against the impugned judgment of affirmation and decree dated 24.4.1989 and 3.7.1989 respectively passed in Title (Eviction) Appeal No. 74 of 187, 12 of 1988 by Shri S.N. Gupta, 1st Additional Judicial Commissioner, Ranchi whereby and whereunder the appeal was dismissed confirming the judgment and decree of the trial Court passed in Title (Eviction) Suit No. 14 of 1984/8 of 1987.2. The plaintiffs-respondent has filed the said title eviction suit for eviction of the defendant-appellant from the suit premises which is one shop room in the Holding No. 1183, Ward No. 2 situate at Randhir Prasad Street, Sonarpatti, Upper Bazar, Ranchi fully detailed in the schedule of the plaint.3. The case of original plaintiff-respondent Ram Nath Modi (since dead), in brief is that he is the landlord of the suit premises and Dhanraj Soni @ Dhanjee Soni, the father of the defendant-appellant was the tenant un...
JagnaraIn Singh Vs. Kashi Nath Sharma
Court: Jharkhand
Decided on: Jun-24-2004
Reported in: [2004(4)JCR202(Jhr)]
Vihsnudeo Narayan, J.1. This appeal at the instance of the plaintiff appellant has been preferred against the judgment and decree of reversal dated 30.11,1989 and 12.12.1989 respectively passed in Title Appeal No. 54 of 1986 by Shri Uma Shankar, 1st Additional District Judge, Hazaribagh whereby and whereunder the said appeal was allowed setting aside the judgment and decree of the trial Court as a result of which the son of the plaintiff was dismissed.2. The plaintiff appellant has filed Title Suit No. 21 of 1981 for declaration of his title in respect of the suit land which is a portion of plot No. 1216 of Khata No. 2 situated in village Ramgarh, District Hazaribagh more fully described in Schedule C of the plaint and for recovery of possession by evicting the defendant respondent therefrom and the portion of plot No. 1216 in dispute is 27 feet east and west and 23-1/2 feet north to south bounded as north rasta, south parti kadim, east 19 feet wide east and west parti land left of Mah...
Manohar Lal JaIn Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-23-2004
Reported in: [2004(3)JCR362(Jhr)]
Tapen Sen, J.1. In this Writ Application the petitioner, who is the Manager of 'Sri Digambar Jain Bispanthi Kothi' at Madhuban in the District of Giridih, has prayed for issuance of a writ of certiorari for quashing the order dated 6.5.2002 as contained in Annexure-7 passed by the respondent No. 2 in Misc. Revision Case No. 14/2000 allowing the revision filed by the respondent No. 6. The ground for making the said prayer is that Commissioner, North Chhotanagpur Division, Hazaribagh (respondent No. 2) had no jurisdiction to entertain a second revision under the Bihar Tenants' Holding (Maintenance of Record) Act, 1973 (hereinafter referred to for the sake of brevity and precision as the said Act).2. Let it be recorded that by reason of the impugned Order, the respondent No. 2 observed as follows :--'Though the OP claims to be in possession but they failed to adduce any evidence to the effect as to how they obtained the ownership over the land in dispute. They even failed to adduce eviden...
Ram Charitar Ram and ors. Vs. Madheshwar Singh and ors.
Court: Jharkhand
Decided on: Jun-23-2004
Reported in: [2004(3)JCR601(Jhr)]
Vishnudeo Narayan, J. 1. This appeal at the instance of the plaintiffs-appellant has been filed against the impugned judgment and decree dated 21.4.1984 and 3.5.1984 respectively passed in Title Appeal No. 14 of 1967 by Shri R.K. Tuly, 3rd Additional Sub-ordinate Judge, Palamau whereby and whereunder the appeal was allowed in part and the judgment and decree of the trial Court passed in Title Suit No. 14 of 1964 was modified and the right and title in respect of Plot No. 464 only was declared in favour of the plaintiffs and they are entitled to get the recovery of possession over the same and suit of the plaintiffs was decreed only in respect of Plot No. 464 appertaining to Khata No. 55. It is relevant to mention here that the trial Court had decreed the suit in part declaring right, title, interest and possession over the Plot Nos. 169 of Khata No. 1, 464 of Khata Nos. 55 and 478 of Khata No. 60 and they were entitled for recovery of possession in respect thereof.2. The plaintiffs-app...
Kanak Kumari Vs. National Institute of Technology and ors.
Court: Jharkhand
Decided on: Jun-23-2004
Reported in: [2004(3)JCR350(Jhr)]
M.Y. Eqbal, J.1. In this writ application petitioner seeks a direction commanding the respondents particularly respondent Nos. 2 and 3 to take up the matter of appointment on compassionate ground.2. Petitioner's husband was a teacher in the Regional Institute of Technology, Jamshedpur. The husband of the petitioner died in harness on 17.5.2003. After his death petitioner applied for compassionate appointment. It is contended by the petitioner that after the death of her husband she is struggling for her bread and butter.3. Respondents in their counter affidavit have stated that there is a complete ban on fresh recruitment and therefore, no .appointment either regular or compassionate can be made. In the supplementary counter affidavit it is stated that the Regional Institute of Technology has been taken over by the Central Government and numerous changes have been introduced including complete ban on any fresh appointment. It is contended that the Ministry of Human Resources, Governmen...
Rama Devi, Wife of Late Bishwanath Prasad Choudhary and ors. Vs. State ...
Court: Jharkhand
Decided on: Jun-23-2004
Reported in: [2004(4)JCR268(Jhr)]
Tapen Sen, J.1. In this writ petition, the petitioner pray for issuance of a writ of certiorari for quashing the order dated 27.10.1999 (Annexure-8) passed by the respondent No. 3 in B.P.L.E. Case No. 4-R 15/96-97 setting aside the order dated 12.12.1997 (Annexure-7) passed by the predecessor-in-office of the respondent No, 3 in Misc. Appeal (Encroachment) Case No, 4/97 with a direction upon the respondent No. 4 to remove the encroachment made by the petitioner within 15 days. The petitioners further pray for issuance of a writ of mandamus commanding upon the respondents to forebear from interfering with the peaceful possession of the petitioners in respect of the land measuring 5.74 Acres situated in village Basia on khata No. 249, Plot Nos. 1116, 1117 and 118.2. According to the petitioners, they are in peaceful possession of the land since 1942 in respect of the entire area referred to above. The details whereof are as follows :Plot No. Acres116 2.58 Acres117 2.86 Acres118 0.30 Deci...
Suresh Verma and Puran Verma and ors. Vs. the State of Bihar (Now Jhar ...
Court: Jharkhand
Decided on: Jun-23-2004
Reported in: 2004(2)BLJR1541; 2005CriLJ1565; II(2004)DMC806; [2006(1)JCR215(Jhr)]
Lakshman Uraon, J. 1. Both these criminal appeals arise out of the same sessions case No. 9 of 1995 arising out of Sarwan PS case No. 131 of 1994 (GR No. 7-36 of 1994). Hence, both these criminal appeals are being disposed of by the single order of this Court.2. Appellant Suresh Verma in criminal appeal No. 512 of 1997 is the husband of the deceased Purni Devi, whereas appellants Puran Verma and Savtri Devi in criminal appeal No. 437 of 1997 are the father-in-law and mother-in-law of the said deceased. Appellants in both these appeals have preferred appeals against the judgment and order of conviction dated 9.9,1997 and sentence dated 10.9.1997 passed in sessions case No. 9 of 1995 by Shri Ghan Syam Prasad, learned. Sessions Judge, Deoghar whereby and whereunder, appellants in both these criminal appeals have been convicted under Sections 304B/210, IPC and sentenced to undergo imprisonment for life for the offence under Section 304B and further to undergo R-1 for three years each for t...
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