Jharkhand Court June 2004 Judgments
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Smt. Saroj Agrawal Vs. Life Insurance Corporation of India and ors.
Court: Jharkhand
Decided on: Jun-23-2004
Reported in: AIR2004Jhar134
ORDERTapen Sen, J.1. Heard the parties. 2. The Petitioner in the instant case prays for issuance of an appropriate writ for quashing the communication dated 31-3-2000 as contained in Annexure-1 whereby and whereunder the Respondent No. 2. informed the decision taken in respect of the death claim filed by her with regard to the policy of the life of her deceased husband. In the said communication, it was informed that it had been decided to repudiate all liabilities under the said policy and that the Corporation was not liable to make any payment and further, any money that may have been paid under the same, would be deemed to belong to the Corporation. 3. The Petitioner further prays for issuance of an appropriate writ commanding upon the Respondents to admit the claim of the Petitioner under Policy No. 550444818 taken in respect of the life of her deceased husband Jagnnath Agrawal. 4. The short facts which are necessary to be taken note of are that on 30-6-1995, the deceased husband o...
Saroj Agarwal (Smt.) Vs. Life Insurance Corporation of India and ors.
Court: Jharkhand
Decided on: Jun-23-2004
Reported in: II(2005)ACC144; [2004(4)JCR222(Jhr)]
Tapen Sen, J.1. Heard the parties.2. The petitioner in the instant case prays for issuance of an appropriate writ for quashing the communication dated 31.3.2000 as contained in Annexure-1 whereby and whereunder the respondent No. 2 informed the decision taken in respect of the death claim filed by her with regard to the policy of the life of her deceased husband. In the said communication, it was informed that it had been decided to repudiate all liabilities under the said policy and that the Corporation was not liable to make any payment and further, any money that may have been paid under the same, would be deemed to belong to the Corporation.3. The petitioner further prays for issuance of an appropriate writ commanding upon the respondents to admit the claim of the petitioner under Policy No. 550444818 taken in respect of the life of her deceased husband Jagnnath Agarawal.4. The short facts which are necessary to be taken note of are that on 30.6.1995, the deceased husband of the pe...
Kamlesh Kumar Vs. Union of India (Uoi) Through Secretary, Ministry of ...
Court: Jharkhand
Decided on: Jun-23-2004
Reported in: [2004(4)JCR614(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. The petitioner, a cook in the rank of Constable in the Central Industrial Security Force, was served with a chargesheet dated 16.10.1998 containing the following charges :ARTICLE OF CHARGE-INo. 904450125 Cook Kamlesh Kumar (U/S) of 'A' Coy CISF Unit BSL Bokaro residing in Qtr. No. 1497 of Sector XI-C alongwith his family quarrelled with No. 89224004 Const. Harender Singh and his wife who are residing in Qtr. No. 1495 of Sector XI-C on 26.9.1998 in between 1950 hrs. to 2020 hrs. Thus he has disturbed the peace and tranquility of the housing colony. This said act on the part of cook Kamlesh Kumar amounts to gross misconduct and indiscipline.ARTICLE OF CHARGE-IINo. 904450125 Cook Kamlesh Kumar (U/S) of 'A' Coy CISF Unit, BSL Bokaro misbehaved and manhandled Smt. Sunita Devi W/O Const. Harender Singh at about 2000 hrs on 26.9.98. The Act on the part of the Cook Kamlesh Kumar amounts to gross misconduct and indiscipline.ARTICLE OF CHARGE-IIIN...
Mostt. Fidisita Lakra and anr. Vs. NicodIn Lakra and ors.
Court: Jharkhand
Decided on: Jun-23-2004
Reported in: [2004(4)JCR393(Jhr)]
Vishnudeo Narayan, J. 1. This appeal at the instance of the plaintiffs-appellant Nos. 1 and 2 has been directed against the impugned Judgment and decree dated 12.12.1989 and 21.12,1989 respectively passed in Title Appeal No. 2 of 1983 by Shri Arun Prabhat Sinha, 1st Subordinate, Gumla whereby and whereunder the said appeal was allowed setting aside the judgment and decree of learned Munsif, Gumla passed in Tide Suit No. 22 of 1979 and the suit of the plaintiffs-appellant was dismissed.2. Plaintiffs-appellant No. 1 and 2 along with plaintiff-respondent No. 4 Sushil Lakra had filed Title Suit No, 22 of 1979 for a declaration that decree passed in Partition Suit No. 3 of 1965 for carving out a separate takhata of one-third share of defendant No. 1 is illegal and void and the said decree is not binding upon the plaintiffs and also for a decree for partition of the suit land detailed in the schedule of the plaint by carving out a separate takhata of their one-third share by appointment of a...
Saro Rana and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jun-23-2004
Reported in: 2004(3)BLJR2022; 2005CriLJ65; II(2004)DMC827
Lakshman Uraon, J.1. Appellants have preferred this appeal against the judgment of conviction and order of sentence dated 30th April, 2002 passed by Shri Sita Ram Mahato, learned 1st Additional Sessions Judge, Deoghar in Sessions Trial No. 47 of 2001/19 of 2001 convicting the appellants under Section 304B, I.P.C. and sentencing to undergo R.I. for life and further convicting them under Sections 201 /34,I.P.C., but no separate sentence under the said section was passed against the appellants.2. The prosecution case has arisen on the written information (Ex. 1) lodged by informant Leela Devi (P.W. 11) on 27.7.2000 at 15.45 alleging therein that her daughter Renu Devi (since deceased) was married with appellant No. 2 Shyam Sundar Rana of Kurmidih in the month of May, 1997. Shyam Sundar Rana was demanding money for construction of house. As the informant was unable to pay, hence on 25.7.2000 appellant No. 2 Sham Sundar Rana and his family members, who are the remaining appellants, murdered...
Smt. Urmila Agarwala Vs. Lav Kumar Agarwal and ors.
Court: Jharkhand
Decided on: Jun-23-2004
Reported in: [2004(4)JCR433(Jhr)]
Hari Shankar Prasad, J. 1. This appeal at the instance of plaintiff-appellant is directed against the judgment dated 28.6.1997 passed in Original Suit No. 2/96/Probate Case No. 161/93 whereby and whereunder the learned IVth Additional Judicial Commissioner, Ranchi granted the Probate of Will of Late Lachhman Prasad Agarwal in favour of the plaintiff-appellant in part.2. The case of the plaintiff-appellant (hereinafter to be referred as 'appellant'} is that the appellant has filed an application in the Court of learned Judicial Commissioner. Ranchi for grant of Probate of the Will executed by Late Lachhman Prasad Agarwal who was her husband and which was his last Will executed on 31.3.1992 and the same day it was registered also in the office of the District Sub-Registrar. Ranchi within the jurisdiction of this Court. By his last Will, Late Lachhman Prasad Agarwal bequeathed all his estate, properties, moneys rights and assets belonging to him to his wife-appellant. By that Will, he beq...
Jainarayan Prasad Alias Sao Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-23-2004
Reported in: 2004CriLJ4384; [2006(1)JCR221(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioner against the order dated 15th September, 2003, as contained in Memo No. 4174 issued under the signature of the special Secretary, Home Department, Government of Jharkhand, whereby and where under, the petitioner has been informed that his application for pardon under Article 161 of the Constitution of India has been rejected by the Governor of Jharkhand.2. The brief fact of the case as per petitioner is that while he was on duty in the Deepatoli Cantonment in the district of Ranchi situated at a distance of 123 Kilometers away from the district of Gumla an F.I.R. was lodged against him in the district of Gumla in the Tinshere Police Station, alleging therein that at about 6 a.m. on 12th August, 1981, while Aneshwar Sah who had gone to Dehri Majhi to see his field in Plot Nos. 97-98 of Khata No. 68, on return he saw his nephew Parmeshwar Sao coming from his field. He saw that several persons including the pet...
Joseph Oraon Vs. the State
Court: Jharkhand
Decided on: Jun-23-2004
Reported in: 2004CriLJ4405
S.J. Mukhopadhaya, J. 1. The appellant Joseph Oraon was initially charged in the F.I.R. for offence under Section 302, I.P.C. In course of investigation, Section 376, I.P.C. was also added. The learned Sessions Judge, Gumla found him guilty, convicted the appellant both under Sections 302 and 376, I.P.C. by the impugned judgment dated 6th March, 1998 passed in Sessions Trial No. 69/97 and sentenced him to undergo imprisonment for life under Section 302, I.P.C. and ten years for offence under Section 376, I.P.C. and directed the sentences to run concurrently. In this appeal, the aforesaid judgment is under challenge. 2. The case of the prosecution, as per Fardbeyan of Informant Him Sahu (P.W. 3) is that on 15th December, 1996 at about 9 a.m. his daughter Rekha Kumari (deceased) left his house with Bamboo Basket to collect fire wood and cow dung for cooking purpose. She went into the field of accused Joseph Oraon and picked up few groundnuts, on which accused Joseph Oraon abused her and ...
Suraj Kumar Vishwakarma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-22-2004
Reported in: [2004(3)JCR374(Jhr)]
ORDERAmareshwar Sahay, J.1. The petitioner has challenged the order contained in Annexures 6, 7 and 8 to the writ application.2. Annexure-6 is the order dated 22/ 10/1999 passed in Confiscation Case No. C-1/1999, whereby the Divisional Forest Officer, Chaibasa, South Forest Division, an authorized officer under Section 52 of the Forest Act as amended by Bihar Act 9 of 1990, confiscated the truck bearing No. ORM-2201, holding that the same was involved in commission of the forest offence punishable under Section 33 of the Indian Forest Act.3. Annexure-7 is the order dated 3.1.2000, passed by the District Magistrate, West Singhbhum, Chaibasa as an Appellate Authority, dismissing the appeal filed by the petitioner against the order of the D.F.O. confiscating the said truck.4. Annexure-8 is the order dated 8.5.2001, passed by the Revisional Authority-cum-Secretary, Forest and Environment, Government of Jharkhand, Ranchi, dismissing the revision filed by the petitioner against the order pas...
Arun Kumar Modi Vs. Dilip Bhagat and ors.
Court: Jharkhand
Decided on: Jun-22-2004
Reported in: [2004(3)JCR406(Jhr)]
Vishnudeo Narayan, J. 1. This appeal at the instance of the plaintiff-appellant has been preferred against the impugned judgment and decree dated 23.1.2004 and 12.2.2004 respectively passed in Title (Eviction) Appeal No. 4 of 1994 by Shri Anirudh Prasad Sharma, 2nd Additional District Judge, Dumka whereby and whereunder the judgment and decree of the trial Court passed in Title (Eviction) Suit No. 20 of 1980 were set aside and appeal was allowed and the case was remitted to the trial Court for a fresh decision on further issues having been framed.2. The plaintiff-appellant has filed the said suit for eviction of the defendant from the suit land detailed in Schedule-A of the plaint and for realization of arrears of rent amounting to Rs. 600/-. The suit land bearing Plot No. 947 having an area of 1 bigha, 9 katthas and 14 dhurs in Mauza-Rasikpur (Raghunathganj) No. 2, Police Station-Dumka. Town, Sub-Division-Dumka Santhal Pargana is Basauri land leased out to the original defendant.3. Th...
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