Jharkhand Court July 2004 Judgments
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Smt. Maya Rani Basu @ Bose Vs. Saroj Kumar Basu and ors.
Court: Jharkhand
Decided on: Jul-15-2004
Reported in: [2004(3)JCR465(Jhr)]
Hari Shankar Prasad, J. 1. The appeal has arisen out of judgment dated 12.4.1999 passed in Title (Probate) Suit No. 1 of 1997 (Probate Case No. 8 of 1997), whereby and whereunder the learned 5th Additional District Judge, Dhanbad dismissed the suit.2. The case of the appellant, who is petitioner in probate case, is that Nandlal Basu was the brother of the husband of the petitioner-appellant, who executed a Deed of Will on 27.10.1978 and made petitioner Maya Rani Basu as executor of the Will. The appellant-petitioner filed a petition under Section 276 of the Indian Succession Act for grant of Probate stating inter alia therein that she has been appointed executor of the Will and that Nandlal Basu was the brother of her husband. Nandlal Basu died on 1.1.1986 and before his death on 27.10.1978 he had executed a Will appointing her as executor of the Will. It is further alleged that at the time of execution of the Will, the ordinary residence of the testator was at Bastakola atta chakki, D...
Kedar Sao Vs. Panpati Devi and ors.
Court: Jharkhand
Decided on: Jul-15-2004
Reported in: [2004(4)JCR338(Jhr)]
ORDERNarendra Nath Tiwari, J.1. This second appeal arises out of a partition suit. The defendant is the appellant/appellant. The case of the plaintiffs was that the suit land was recorded in the names of Ramsharan Sao, Hanhach Sao, Sohar Sao and Mohar Sao under Khata No. 28 of Village Bedani Khurd. The land of Khata No. 73 of Village Tarhanshi was recorded in the name of Ramsharan Sao, Sohar Sao and Mohar Sao, The land of Khata No. 40 of Village Tarsansi was recorded in the name of Deonath Sao. The land of Khata No. 23 of village Bishun-pur was recorded in the name of Sohar Sao and Ramshanran Sao- The land of Khata No. 14 of village Nawadih was recorded in the name of Ramsharan Sao, Hanhach Sao, Aliyar Sao and Karam Sao,2. According to the plaintiffs the said land were already partitioned among the recorded tenants Ramsharan Sao and others. The suit land fully described in the schedule of the plaint, was exclusively allotted to Ramsharan Sao in partition. Ramsharan Sao had three sons, ...
State of Bihar and anr. Vs. Smt. Deopati Devi
Court: Jharkhand
Decided on: Jul-15-2004
Reported in: [2004(4)JCR520(Jhr)]
Hari Shankar Prasad, J.1. This appeal. at the instance of the appellants, is directed against the judgment dated 19.10.1993and award dated 21.12.1993 passed in Land Acquisition Case No. 80/89 on a reference under Section 18 of the Land Acquisition Act, whereby reference was allowed and compensation was enhanced.2. Pursuant to the notification under Section 4 of the Land Acquisition Act, the land in question was acquired and the Collector assessed the value and passed award and the claimant received the amount under protest and wanted the matter to be referred to the civil Court under Section 18 of the Land Acquisition Act and the Collector referred the matter to the Land Acquisition Judge under Section 18 of the aforesaid Act.3. The case of the claimant in brief is the State of Bihar launched a proceeding for acquisition of the land for the purpose of Akaswani and Doordarshan, which was numbered as LA Case No. 15/87-88. the lands bearing Khata No. 37, plot No. 326/3-A and 326/3-B, an a...
Bigan Paswan Vs. State of Jharkhand Through Director General Police an ...
Court: Jharkhand
Decided on: Jul-15-2004
Reported in: [2004(4)JCR431(Jhr)]
N.N. Tiwari, J. 1. In this writ application the petitioner has prayed for quashing of the order dated 14.7.2002 passed by the Disciplinary Authority, as contained in An-nexure 6 to the writ petition, whereby punishment of discharge from his service has been awarded against the petitioner and also for quashing of the order dated 28.5.2003 of the Appellate Authority i.e. Deputy Inspector General of Police. Palamau Range, Daltonganj as contained in Annexure 9 to the writ petition by which the departmental appeal of the petitioner has been dismissed.2. The case of the petitioner is that he was appointed on the post of constable in 1979 and since then he served as such at several places of posting. In the year 1998 while he was posted in Palamau District he was served with a charge-sheet as contained in Annexure-3 to the writ petition. He was imputed with the charge of misconduct alleging that while he was posted as reserve guard in Patna Police station often-ly he used to take liquour and ...
Ali Mohammed Alias Alim Mian and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jul-15-2004
Reported in: 2005CriLJ442
Hari Shankar Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure Is directed against the order dated 5-8-2003 passed in Cr. Misc. No. 914/2003.2. The facts of the case are that the complainant-petitioner Md. Sadique has filed a complaint case bearing Complaint Case No. 659/2000 against as many as 18 persons including Parmeshwar Bhagat, who was the Circle Officer of Katkamsandi Block alleging therein that Parmeshwar Bhagat demanded Rs. 85,000/- for the settlement of the land, which was claimed by the petitioner-complainant. The petitioner-complainant paid Rs. 25,000/- to Parmeshwar Bhagat under duress. The land in question was measured and it was amicably settled and accordingly on the order of Parmeshwar Bhagat it was agreed that the petitioner-complainant can erect the boundary wall over the piece of land and accordingly petitioner erected the boundary wall about 15 months back. Further case of petitioner -complainant is that on 11-7-2000 at 5 p.m. all th...
Dilip Singh Vs. Mosomat Dulari and anr.
Court: Jharkhand
Decided on: Jul-14-2004
Reported in: III(2004)ACC924; [2004(4)JCR68(Jhr)]
ORDER1. This appeal at the Instance of the owner of the vehicle is directed against the judgment and award dated 16.1.2003 passed by Additional District Judge-cum-Motor Vehicles Accident Claims Tribunal, Sahebganj in Title (C) Suit No. 1/98 whereby he has awarded compensation of Rs. 1,50,000/- and directed the appellant-owner of the vehicle to pay the said amount.2. The facts of the case lie in a narrow compass.3. On 5.11.1997 the elder son of the respondent-claimant Shambhu Choudhary while pulling his rickshaw on the main road was dashed by. the truck bearing registration No. BHJ-7022. It was alleged that the said truck was driven rashly and negligently and as such the accident took place resulting the death of the deceased. The appellant appeared and filed written statement stating inter alia that the vehicle was insured by a valid policy of Insurance. However National Insurance Company denied the fact that the truck was being driven-rashly and negligently. The opposite party Insuran...
Rajendra Institute of Medical Science and anr. Vs. Dr. Bimal Kumar Sah ...
Court: Jharkhand
Decided on: Jul-14-2004
Reported in: [2004(4)JCR522(Jhr)]
ORDER1. All these cases relate to absorption in the services of RIMS (earlier known as RMCH). Ranchi. Admittedly the writ petitioner (s)/first respondent(s) are employees of the Government of Jharkhand who claim to have opted for absorption in the services of RIMS. Ranchi in all these appeals, the question arises :-(1) Whether writ petition(s)/first respondcnt(s) have any right for consideration of their cases for absorption in services of RIMS, Ranchi or not?(2) Whether Government of Jharkhand has any jurisdiction in the matter of appointment and absorption in the services of the RIMS. Ranchi or not. and if not, whether the impugned direction to the State government amounts to issuance of futile writ or not?(3) Whether by virtue of an order of status quo of competent Court of Law, a person can continue in the services of employer even after the age of superannuation (58 years) or not?(4) Whether under Section 29 of the RIMS Act, 2002. the State Government has any jurisdiction to inter...
Sheela Kumari Singh Vs. G.S. Atwal and Co. (Engg.) Pvt. Ltd. and ors.
Court: Jharkhand
Decided on: Jul-14-2004
Reported in: 2006ACJ980; [2004(4)JCR458(Jhr)]
ORDER1. The appeal, at the instance of claimant-widow, is directed for enhancement of the amount awarded by the Motor Vehicle Accident Claim Tribunal. Ranchi, in Compensation Case No. 155/93 on account of death of her husband Late Binod Bihari Singh in a motor vehicle accident.2. The facts of the case, in brief, are that on 29.5.93 Late Binod Bihari Singh and Davendra Kumar Giri were going to Dakra from Ranchi in a Jeep bearing Registration No. BR-13-9137 which was being driven by Davendra Kumar Giri. When they reached near village Murgu a Dumper bearing Registration No. BR-14C-0248 which was coming from Lohardaga side drive rashly and negligently in a high speed dashed the jeep due to which both the persons received multiple injuries and consequently succumbed to injuries.3. The claimant's case is that her husband Late Binod Bihari Singh was a Senior employee in C.C.L. and was a Senior Executive Engineer and was getting a monthly salary of Rs. 6,725/- and as such she claimed a sum of ...
Nadam Rawani Vs. Laxmi Kant Rawani and ors.
Court: Jharkhand
Decided on: Jul-13-2004
Reported in: [2004(4)JCR303(Jhr)]
ORDERNarendra Nath Tiwari, J.1. This appeal is by the defendant-appellant- appellant against the concurrent findings of fact recorded by the trial Court as well as by the lower appellate Court on due consideration of the evidences on record.2. The learned counsel appearing on behalf of the appellant has sought to assail the findings of the Courts below mainly on the basis that in the instant case there was a controversy regarding the divorce of Linmoni Devi by her husband. According to the learned counsel, the said issue was not specifically framed and as such it has caused serious prejudice to the defendant. The next contention of the learned counsel appearing for the appellant is that the findings recorded by the Courts below are not based on proper appreciation of the evidences on record and as such the same are vitiated.3. Having heard the learned counsel appearing for the appellant and perused the judgment and decree of both the Courts below I find that although no issue regarding...
Tarun Kumar Patel Vs. Madhusudan Agrawal
Court: Jharkhand
Decided on: Jul-13-2004
Reported in: [2004(4)JCR691(Jhr)]
ORDERNarendra Nath Tiwari, J.1. This appeal is against the judgment and decree affirmance passed by the District and Sessions Judge, Sahibganj in Title Eviction Appeal No. 5 of 1997 upholding the judgment and decree of the trial Court. 'The appellant was the defendant before the trial Court. The plaintiff-respondent filed Title (Eviction) Suit No. 65 of 1990 praying relief for eviction of the defendant and also for a decree of arrears of rent. The case of the plaintiff was that the defendant is a tenant in the suit premises and he defaulted in payment of rent for more than two months. The eviction was also sought on other grounds. The defendant appeared and contested the suit. According to the defendant, the property in question originally belonged to Babu Bhawataran Dey and the same was managed by his eldest son Dina Sharan Dey. At no point of time there was any partition. It was further pleaded that Pranab Kumar Dey had no authority or right to realize rent of the suit property and h...
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