Jharkhand Court September 2004 Judgments
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Ajay Kant Jha Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-23-2004
Reported in: [2004(4)JCR651(Jhr)]
ORDERTapan Sen, J.1. Heard Mr. M.K. Habib. learned counsel appearing for the petitioner and Mr. M.J. Rahman, learned J.C. to the J.P. II for the State-respondents. Although the State of Jharkhand has not been made a party, but since the District Superintendent of Education, Dhanbad is the respondent No. 3 Mr. M.J. Rahman submits that he has necessary instructions to appear in this case.2. The facts pleaded in this writ petition paints a somewhat dismal picture,, in relation to the status to which the petitioner has been subjected. He was empanelled in the year 1986, but he was not given employment only because he did not belong to the district of Dhanbad. This Court can take judicial notice of the fact that the criteria that people of a particular district should only be appointed has been hit by a number of judgments being violative of Articles 14 and 16 of the Constitution of India because it discriminates the residents of other districts without any rationale and these judgments' ar...
Nand Kishore Singh Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-23-2004
Reported in: 2005CriLJ389; I(2005)DMC666; [2004(4)JCR572(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the appellant stands directed against the impugned judgment and order dated 18.4.2002. passed in S.T. No. 181 of 1999, by Sri Satlsh Chandara Singh, Additional Judicial Commissioner, Ranchi whereby and whereunder the appellant has been found guilty for the offence punishable Under Section 304B of the Indian Penal Code and convicted and sentenced to undergo rigorous imprisonment for ten years.2. The prosecution case has arisen on the basis of the written report (Ext. 2) of PW 10, S.I. Anil Kumar Singh, the informant lodged before the officer incharge, Kanke police station, Ranchi at 11.00 hours on 25.10.1998 regarding the occurrence which is said to have taken place on 24.101998 at 23.00 hours in the house of the appellant situate at Sukuruhutu police station Kanke District Ranchi regarding the unnatural death of Neha Singh, the 19 years old wife of the appellant. A case was instituted by drawing of a formal FIR (Ext. 4) on 25.10.19...
Indian School of Mines (i.S.M.) Through Its Director Vs. Dr. Mrs. Nupu ...
Court: Jharkhand
Decided on: Sep-22-2004
Reported in: [2004(4)JCR301(Jhr)]
S.J. Mukhopadhaya, A.C.J.1. This appeal arises out of the judgment and order dated 20th June, 2003, passed by the learned Single Judge in C.W.J.C. No. 2966 of 1995R. whereby and whereunder. the learned Single Judge allowed the writ petition, as was preferred by the 1st respondent (writ petitioner), and set aside her order of termination with a direction to the appellant to reinstate tier in service with all consequential benefits. The only question arises for consideration is as to whether the appellant-Indian School of Mines, Dhanbad, can terminate the services of the 1st respondent, a probationer, after giving one month's notice or not.2. The brief fact of the case is that the 1st respondent Dr. Mrs. Nupur Chandan was selected for appointment as a Lady Medical Officer and was appointed vide letter dated 23rd June, 1994 against a permanent non-plan sanctioned post. She was placed on probation for a period of two years from the date of her joining the duty and some other condition of s...
Subhas Oraon @ Tehna and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Sep-22-2004
Reported in: 2004(3)BLJR1889
N.N. Tiwari, J.1. This appeal is against the judgment of conviction and order of sentence dated 22.3.1994 passed by the 2nd Additional Sessions Judge, Gumla in S.T. No. 184/1988, whereby the appellants have been found guilty for the offence under Sections 302/34, IPC and they have been sentenced to undergo RI for life.2. Briefly stated the prosecution case is that on 22.4.1987 Jitia Oraon alongwith Kura Oraon (deceased), Karamdeo Oraon and Shambhu Munda were ploughing paddy field of Kura Oraon. At about 4.30 p.m. Subash @ Tehna Oraon, Soma Oraon, Ghura Oraon, Mangra Oraon, Khoras Lakra, Lohra Oraon, Kario Oraon and Suka Orain arrived there variously armed with weapons. Subash @ Tehna Oraon and Ghura Oraon were holding Bhujali, Khoras Lakra was armed with Balua, Soma Oraon and Mangra Oraon with Tangi and Kario Orain and Suka Orain were having stones in their hands. All the said persons surrounded Kura Oraon and Ors. Subash @ Tehna Oraon abused Kura Oraon and forbade him from ploughing t...
Raj Kumar Rai Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-22-2004
Reported in: [2004(4)JCR342(Jhr)]
ORDER1. This appeal directed against the order dated 13.2.2004 passed in WP (S) No. 640 of 2002 whereby where-under the learned single Judge refused on interfere with the order of termination of appellant from service and dismissed the writ petition.2. The petitioner was working as extra Clerk in the District Registration Office at Hazaribagh. It was alleged that the appellant along with two others made some interpolation in Book No. 1 at Pages 550-563 of Deed No. 9146 of the year 1984. On these charges, the order of termination/dismissal was passed. Thereafter petitioner preferred departmental appeal before the Inspector General of Registration who dismissed the appeal. The petitioner then moved this Court in the aforesaid WP (S) NO. 640 of 2002 and this Court, after recording finding that certified copy was prepared by Madhav Chandra Banerjee. Extra Clerk and the same read and compared by the present appellant and one Amanat Hussain and further that Madhav Chandra Banerjee had also a...
The Commandant, Cisf Vs. Deep Singh and ors.
Court: Jharkhand
Decided on: Sep-22-2004
Reported in: [2004(4)JCR494(Jhr)]
S.J. Mukhopadhaya, A.C.J.1. This appeal has been preferred by the appellant Commandant, CISF, Unit HEC Dhurwa, Ranchi, against the judgment and order dated 23rd August, 2003, passed by the carried single Judge In CWJC No. 2286 of 1998(R), whereby and whereunder, the order of dismissal from service, passed against the 1st respondent-writ petitioner (Deep Singh) as affirmed by the appellate and revisional authorities, has been set aside with a direction to the appellant to reinstate the 1st respondent in service.2. The brief facts of the case are that the 1st respondent while serving as Constable at CISF. Unit HEC, Ranchi, was proceeded against departmentally under Rule 34 of the CISF, Rules. 1969 by the disciplinary authority vide Charge Memorandum No. V-15014/HEC/Adm-III/Maj-25/94-1307 dated 17th November, 1994 on account of the following charges :'Gross misconduct, indiscipline and carelessness on duty in that while he was detailed for 'C' shift duty from 2100 hrs. on 31.10.1994 to 05...
Akhileshwar Singh and ors. and Sachindra Kumar and anr. Vs. State of B ...
Court: Jharkhand
Decided on: Sep-22-2004
Reported in: [2005(104)FLR261]; [2004(4)JCR582(Jhr)]
S.J. Mukhopadhaya, A.C.J.1. In both the appeals, as common judgment is under challenge, they were heard together and are being disposed of by this common order.2. The appellants applied for appointment against Class-Ill posts under the Godda Judgeship in the year 1990. but no appointment was made out of the said 1990 Panel for one or other reason. Six persons who were already working on ad hoc basis in the Judgeship of Godda, so before Issuance of individual letter of appointment, the District Judge, Godda vide his letter dated 14th May, 1991 sought for certain clarification from the High Court relating to those persons. Thereafter, when the matter remained pending, new rule for appointment known as Bihar Civil Court Staff, (Class III and Class IV) Rules, 1992' came into force on 3rd October, 1992. In such a situation, without acting upon the panel prepared in pursuance of 1990 advertisement, a fresh advertisement was published in the year 1993 for appointment against Class-III posts i...
Smt. Archana Gupta Vs. Sheo Shankar Srivastava and ors.
Court: Jharkhand
Decided on: Sep-22-2004
Reported in: [2004(4)JCR589(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this application the petitioner has prayed for quashing the order dated 11.8.2004 passed by the learned Additional Munsif, III, Ranchi in Title Suit No. 64/2003, whereby he has accepted the written statement of the respondents awarding cost of Rs. 100/-.2. The grievance of the petitioner is that in spite of the service of summons on the defendants on 22.5.2003 through the process of the Court and on 2.6.2003 by registered post, the defendants for the first time appeared on 11.8.2003 and filed their written statement on the same day which has been erroneously accepted by the Court below. Learned counsel for the petitioner submits that the Court has no power to grant such time as the defendants had not appeared earlier and prayed for time.3. Having heard the learned counsel for the petitioner and, perused the order of the Court below, I find that the Court below has considered the cause shown in the petition and has accepted the written statement. The C...
Kirtan Mahto and anr. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-22-2004
Reported in: [2005(1)JCR42(Jhr)]
ORDER1. Heard the learned counsel for the parties.2. The IA No. 1024 of 2004 at flag 'O' under Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the said Code) has been filed at the instance of appellant Kirtan Mahto to stay/ suspend the judgment of conviction dated 17.1.2004 and sentence dated 21.1.2004 passed by the learned Court below in SI No. 707 of 1997 against him.3. The facts giving rise to this application are as follows :Appellant Kirtan Mahto was prosecuted along with other co-appellant for the offence under Sections 302, 201 and 120B of the Indian Penal Code, in Sessions Trial No. 40 of 1997 arising out of Barkagaon PS Case No. 87 of 1994 (G.R. Case No. 2092 of 1994) and he was found guilty, convicted and sentenced to undergo RI for the life for the offence under Section 302 of the Indian Penal Code and to pay a fine of Rs. 2000/- and also to undergo RI for five years under Section 201 of the Indian Penal Code, and also to pay a fine of Rs. 1,0...
Ramesh Kumar JaIn Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-22-2004
Reported in: 2005CriLJ1549
ORDERAmareshwar Sahay, J.1. Heard the parties.2. By filing this application the petitioner has prayed for quashing of the First Information Report of Daltonganj Sadar (Town) P.S. Case No. 29/2003, which are registered under Sections 406, 420, 467, 468, 471 and 120B of the Indian Penal Code and also for quashing of the charge-sheet dated 31-3-2003 filed by the Police after completion of investigation.3. The learned counsel for the petitioner has mainly submitted that the search and seizure made by the police in the present case is illegal as the same was done by the Sub-Inspector of Police though as per Clause IV of the Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Mal practices) Order, 1998 the power of search and seizure has only been given to a Gazetted Officer of the Central or State Government or any Police Officer not below the rank of Dy. Superintendent of Police duly authorized by the general of special order by the Central Governmen...
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