Jharkhand Court September 2004 Judgments
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Deepak Kumar Lal Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Sep-14-2004
Reported in: 2004(3)BLJR2027; 2005CriLJ299
Amareshwar Sahay, J.1. Heard Mr. S.B. Gadodia, learned Sr. Counsel appearing for the petitioner and the learned counsel for the opposite parties.2. The petitioner has challenged the order dated 18.7.2003, whereby the Chief Judicial Magistrate, Palamau at Daltonganj took cognizance of the offence under Sections 323, 341, 504, 376 and 511 of the IPC and under Section 3(X)(XI) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.3. the First Information report being Sadar (Town) Daltonganj PS Case No. 260/2002 was registered against the petitioner, on the information lodged by O.P. No. 2 Smita Megumi Minz. It was alleged that O.P. No. 2/informant was working as Principal of Rotary School (Anand Shankar) for the last one and half years. The school was being run by the Rotary Club. In July, 2002 the petitioner Deepak Kumar Lal was elected as a President of the Rotary Club and since, thereafter his attitude towards the informant was not good. On 5.9.2002 when the...
Jagjit Singh Mann and anr. and Ratan Chand JaIn and anr. Vs. State of ...
Court: Jharkhand
Decided on: Sep-14-2004
Reported in: [2005(2)JCR75(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the parties.2. W.P.(C) No. 4339 of 2004 was filed on 18.8.2004 by the petitioners, namely; 1. Jagjit Singh Mann and 2. Manjeet Mann seeking a direction upon respondent No. 2, Officer Incharge, Jugsalai Police Station, Jamshedpur to hand over the three keys to them which were taken by the Officer Incharge from them without any rhyme and reason. Although in the writ petition nothing has been said about the transfer made by the petitioners in favour of Ratan Chand Jain and Navin Jain, who are the petitioners in W.P.(C) No. 4766 of 2004 but in the complaint made by the Officer Incharge it was alleged that the sale-deed was registered in favour of Ratan Chand Jain and another on a consideration of Rs. 12,50,000/- but the consideration amount was not paid because the four cheques which were issued towards consideration were dishonoured as per the instructions of the purchasers, namely, 1. Ratan Chand Jain and 2. Navin Jain. In the said complaint, it was also alleg...
Ashok Kumar Ram Vs. Jharkhand State Electricity Board Through Its Secr ...
Court: Jharkhand
Decided on: Sep-13-2004
Reported in: [2004(4)JCR690(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. According to the petitioner, his father late Jagdish Ram, who was in the services of the State Electricity Board, died-in-harness on 7th of November, 2000 while posted as Unskilled Khalashi in Electrical Supply Sub-Division, Madhupur.2. He applied for compassionate appointment vide Annexure-1 but respondents have not yet considered the case for appointment.3. Having regard to the facts and circumstances of the ease and as the matter requires determination by the authorities, the case is remitted to the General Manager-cum-Chief Engineer, Jharkhand State Electricity Board, Dumka Area, Dumka, who will enquire the matter from the concerned authority and determine whether petitioner is entitled for appointment on compassionate ground or not and communicate the decision to the petitioner within a period of four months from the date of receipt of representation as he may prefer alongwith this order.4. it may be mentioned that this Court has not decided the is...
Narendra Kumar Giri Vs. Central Coal Field Ltd. and ors.
Court: Jharkhand
Decided on: Sep-13-2004
Reported in: [2004(4)JCR764(Jhr)]
Vikramaditya Prasad, J.1. Hear both the sides.2. This writ has been filed for quashing the order of dismissals per Annexure-10 and order of appellate authority as contained in Annexure-13 with a further direction upon the respondents of reinstate the petitioner and to allow him to perform regular duties on the original post with full back wages and all consequential benefits.3. The following are points for determination in this case;(i) If the petitioner is a workman his writ can be maintainable without availing the alternative remedy under the Industrial Disputes Act.(ii) If in the charge-sheet served upon a proceedee, it is stated that he may be dismissed for the following charges and ultimately resulting into dismissal after conclusion of the proceedings then whether a preconceived mind to punish the proceedee can be inferred?(iii) Whether a plea of some episode taking place many years before when the proceedee appeared as a co-workman in another proceeding, had certain threat can t...
State of Bihar (Now Jharkhand) Vs. Deo Sharan Prasad
Court: Jharkhand
Decided on: Sep-10-2004
Reported in: [2004(4)JCR323(Jhr)]
Vikramaditya Prasad, J.1. This appeal has been preferred by the State of Bihar against the order dated 29.5.1990 passed by the Sub-Judge, Garhwa under Section 18 of the Land Acquisition Act, (hereinafter referred to as the Act), whereby and whereunder, for 92 decimals of acquired land of the respondent for Danro Jalashai Yojna Panghtwa, was valued at Rs. 12.000/- two mahua trees were valued at Rs. 1000/-. besides additional compensation a 30% with interest @ 9% from the date of acquisition was directed to be paid to the respondent.2. The State has pleaded that the land acquired was Tanr land, but the Court ignored this fact and taking into consideration the price of the piece of a small acquisition of 11 decimals of land. (Ext. 1), the Court fixed the valuation. Moreover, the Exts. 1 and 2 were the sale deeds of the year 1992. much subsequent to the date of acquisition and therefore, they should not have been taken into consideration, besides it was wrong on the part of the Court to. h...
Udai Prakash Ojha @ Udai Ojha Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Sep-10-2004
Reported in: [2004(4)JCR192(Jhr)]
R.K. Merathia, J.1. This appeal arises out of judgment dated 27.11.1999 passed by Shri Rajesh Kumar Dubey, VIIIth Additional Judicial Commissioner, Ranchi in Sessions Trial No. 247 of 1984 convicting the appellant under Section 376, IPC and sentencing him to undergo RI for 7 years.2. This prosecution case in brief is that on 8.5.1982, the prosecutrix Prabha Devi lodged a fardbeyan before police that, on 5.5.1982, she was retuning back to her parent's house from her maternal uncle's house (mausa's house). At Birgora Railway Station she was waiting for train at about 2.30 pm where the engine takes water near Birgora river. The said place was a lonely place but at some distance there was a hut where tea was sold and there an old lady was sitting. She saw the appellant, who was of village Ita, having a transistor hanging with his neck and a bag in his hand and a sword hanging with his neck. Appellant came towards her and told her either to go with him to Ita Basti or to Jhalda, to which sh...
Mahendra Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-10-2004
Reported in: 2004(3)BLJR1701; [2004(4)JCR254(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ petition the petitioner has prayed for quashing the order dated 19.11.1994 passed by respondent No. 4 directing restoration of the land of the petitioner in favour of respondent Nos. 5 to 9 under Section 46 (4-A) of the Chotanagpur Tenancy Act (in short 'CNT Act') and also the order dated 26.9.2000 passed by respondent No. 2 in Restoration Revision No. 140/1996 whereby he has allowed the revision and quashed the order of the Appellate Authority upholding restoration of land in favour of the said respondent.2. The facts of the case lie in a narrow compass.The land of Khata No. 192 of Village Bongabar was recorded as a raiyati land in the name of Bahira Munda and after his death the land was jointly inherited by his two sons, Raghubir Munda and Jhabu Munda. Jhabu Munda died issueless and after his death Raghubir Munda became the sole raiyat of the land. Raghubir Munda died leaving behind four sons who, by hukumnama dated 1.3.1946, alleged to have settle...
Smt. Urmila Devi Vs. Smt. Gayatri Devi and ors.
Court: Jharkhand
Decided on: Sep-10-2004
Reported in: 2004(3)BLJR1714; [2004(4)JCR181(Jhr)]
N.N. Tiwari, J.1. This is the tenant's civil revision filed under Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, (hereinafter referred to as 'the BBC Act' or 'the said Act' for short) against the judgment and decree dated 21.3.2002 passed by the Munsif, Jamshedpur in Eviction Suit No. 25/92, whereby the learned Munsif has decreed the landlord's suit for eviction sought on the ground of their personal necessity.2. The plaintiffs case was, that they are the owners of the house standing over Holding No. 6, Thakurbari Shop Area, Sakchi, town Jamsedpur, consisting of four shop rooms on the ground floor. The defendant was inducted as a tenant by the plaintiffs in one shop room as a monthly tenant, on monthly rent of Rs. 300/- plus electric charges. The defendant was carrying on business of Electronics and other allied goods. Two shop rooms are in occupation of other tenants, namely, Himmat Singh and Jadunath Pathak and the rest one shop room is in occupati...
Smt. Prabhawati Devi and ors., Vs. State of Bihar (Now Jharkhand) Thro ...
Court: Jharkhand
Decided on: Sep-10-2004
Reported in: [2004(4)JCR487(Jhr)]
Vikramaditya Prasad, J.1. Admittedly by Notification No. 327 II. dated 5.7.1982 under Section 4 of the Bihar Land Acquisition Act (hereinafter referred to as the Act) the lands of the following appellants were acquired by the respondent State of Bihar for construction of industrial estate and taller compensation was awarded by the Collector which are noted below against each of the appellants.F.A. No, arising out of L.A. Ref.. Name of Claimant Appellant, Award of Collector with date. Area, Class of Land and Khata., HoL. etc.. Compensation by the Collector Claim of claimants1 of 1994/2 of 1988, Smt. Prabhawati Devi and others. Received Award on 6.11.1989, 13/4.11.1987, 0.55-1/2 Acres. Dhan II Khata No. 116 Lohardaga. Rs. 15,232.24 @ Rs. 14.445 per acre @ 20.00.000/- per acre7 of 1994/2 of 1988. Smt. Annapurna Devi did not receive the Award though notice served on 6.4.1989. 16/4/11.1987, 0.94 Acres. Dhan II Plot No. 1672,, Khata No. 184 Lohardaga, Rs. 25.798 @ Rs. 14.445 per acre? @ Rs. ...
State Through Superintendent of Police, Special Police Establishment, ...
Court: Jharkhand
Decided on: Sep-09-2004
Reported in: [2004(4)JCR179(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. From the statement made in the petition on behalf of the petitioner and the counter affidavit filed on behalf of the opposite parties the following undisputed facts emerge.3. The opposite party Sudama Prasad alongwith one Dr. Prem Sagar Singh are facing trial before the Spl. Judge, C.B.I., Dhanbad in R.C. Case No. 10 (A)/90 (D) for allegedly committing the offences under Section 120B of the Indian Penal Code and Sections 3 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act.4. It appears that the charges were framed against the accused persons on 27.04.1995 and the case of the prosecution was closed on 28.07.2000 and then the statements of the accused persons under Section 313 of the Cr PC were recorded on 19.08.2000.5. The petitioner has challenged the order dated 28.07.2000 passed by the trial Court closing the prosecution evidence before this Court in Criminal Misc. No 9079/2000 which was disposed of by the order ...
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