Jharkhand Court September 2005 Judgments
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Ali Imam Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-29-2005
Reported in: AIR2006Jhar32; 2005(3)BLJR2369; [2005(4)JCR465(Jhr)]
R.K. Merathia, J.1. Petitioner has prayed for a direction to denotify 2.88 Acres of lands bearing Plot No. 268/1 160, Jamabandi No. 80. of Mouza Madansahi Tapua, District Sahibganj, from acquisition and reconveyance/restoration of the said lands to the petitioner and for payment of adequate compensation for wrongfully depriving him and his co-sharers from enjoyment for the lands in question.2. Petitioner's case is that by Letter No. DLA. S.P.-45.59, dated 6.4.1959; the Government intended to acquire 2.96 Acres of the land permanently, for constructing a Girls' High School Building and its com-pound at Sahibganj and the same was published vide Declaration No. 1126, dated 3.1.1959 at Page 661-62 Part II of the Bihar Gazette, dated 25.2.1959. By the said letter, the Deputy Commissioner, Dumka was authorised under Section 17 of the Land Acquisition Act, 1894, (hereinafter referred to as 'the Act') to take immediate possession of the land as shown in the Index Map, after expiry of fifteen d...
Gorakh Prasad Bhagat and anr. Vs. State of Bihar (Now Jharkhand) and o ...
Court: Jharkhand
Decided on: Sep-29-2005
Reported in: [2006(1)JCR97(Jhr)]
R.K. Merathia, J.1. Heard the parties.2. The petitioners have prayed for quashing the order dated 13.04.1993 passed by the Deputy Commissioner, Sahibganj in R.M.A. Case No. 32 of 1991-92 as well as the order dated 02.08.1991, passed by the Deputy Collector, Land Reforms Sahibganj in R.E. Case No. 20 of 1988-89/7 of 1988-89 directing them to remove the encroachment over the land in question.3. Petitioners case is that their ancestral house was constructed on Plot No. 1067 for more than 65 years and the same is recorded in the Survey Record of 1935. This encroachment case has been initiated by the respondent No. 4, who is the neighbour due to jealousy. A blind road measuring 70 fts. in length and 8'10' in width exists adjacent to the petitioners' house on plot No. 1068, which is being used only by the petitioners and the respondent No. 4. The 'chhajja' (projected balcony), the septic tank and the water pipes underground the road do not cause any obstruction to the public. Erection of 'ch...
Dr. Junul Bhengraj and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Sep-29-2005
Reported in: 2005(3)BLJR2327; [2006(1)JCR60(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ application, the petitioner have sought a writ of mandamus directing suspension of conviction and sentences, awarded to them in R.C. 59(A)/1996 by judgment dated 31.03.2004 passed by the 5th Special Judge, CBI (AHD Scam), Ranchi, till disposal of all the pending cases against the petitioners, mentioned in the enclosed chart Annexure 2, on the ground that in the said cases the petitioners are facing trial of the similar/identical kind of charges and in all the cases the respondents State/CBI is the informant and investigating agency. In R.C. 59(A) of 1996, the petitioners have been convinced under Sections 120-B, 420, 467, 468 of the Indian Penal Code and under Section 13(2) of the Prevention of Corruption Act and are sentenced to undergo rigorous imprisonment for 4 years for conviction under Section 120-B of the Indian Penal Code read with Section 420 of the Indian Penal Code. Besides the same, the petitioners Braj Bhusahan Prasad and Mahend...
islam Mian Vs. Chairman-cum-managing Director, Eastern Coalfields Limi ...
Court: Jharkhand
Decided on: Sep-28-2005
Reported in: [2006(1)JCR14(Jhr)]
ORDERM.Y. Eqbal, J.1. Petitioner is challenging the order which was communicated, vide letter dated 1.6.2003 whereby he was informed that he will superannuate with effect from 1.7.2003. The relevant, extract of the order as contained in the aforesaid letter reads as under :As evident from your service record and statutory Form 'B' Register duly authenticated by You your date/year of birth is 1.7.1943 and consequently your service will stand terminated by way of superannuation with effect from 1.7.2003 in view of the position explained above. It is hereby informed that the management would terminate your service with effect from 1.7.2003 on attainment of age of 60 years i.e., age of superannuation prevalent in E.C.L.Your will be paid Gratuity as per provision of the Payment of Gratuity Act, 1972. Please submit your application claiming payment of gratuity in Form I as prescribed form under P.G. Act and Rules framed there-under after handing over vacant position of quarter and store mate...
Bisheshwar Thakur and anr. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-28-2005
Reported in: 2(2006)DMC355
ORDERR.K. Merathia, J.1. As both the appeals arise out of the common judgment, they are taken up together and are being disposed of by this common judgment.2. Appellants, Bisheshwar Thakur and Savitri Devi are father-in-law and mother-in-law of the deceased respectively in Cr. Appeal No. 209 of 2001.3. Appellant-Nand Kishore Thakur is the husband of the deceased in Cr. Appeal No. 244 of 2001.4. These appeals are directed against the judgment of conviction and order of sentence dated 10.5.2001 and 16.5.2001 respectively, passed, by Mr. Harish Chandra Mishra, 1st Additional Sessions Judge, Deoghar in Sessions Case No. 168 of 1998, convicting the appellants under Section 304B, IPC and sentencing them to under go RI for ten years.5. The prosecution case in brief is as follows:Nuneshwar Thakur (PW 7) the father of the deceased-Geeta Devi, lodged fardbeyan to the effect that on 5.6.1998 at about 11 p.m. in the night, he was informed that condition of his daughter-Geeta Devi was critical and ...
Bharat Modi Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Sep-27-2005
Reported in: 2005(3)BLJR2358; [2005(4)JCR409(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the learned counsel for the parties.2. The petitioner was made an accused in complaint case No. 352 of 2004 which was filed by opposite party No. 2 Shivnath Choubey before the Chief Judicial Magistrate, Dhanbad alleging the commission of the offence by the petitioner under Sections 406, 409, 467, 408 and 471/120-B of the Indian Penal Code.3. In the complaint petition it was alleged that the accused Bharat Modi, who was the Principal and Incharge of DAV High School, DAV + 2 High School, DAV + 2 Kanya High School and DAV Mahila College at Katrasgarh and he was having financial control over the said Institutions. It was further alleged that the accused Bharat Modi misapporpirated lakhs of rupees of the said Institutions by committing forgery.4. On receipt of the complaint petition, the learned Chief Judicial Magistrate, under the provisions of Section 192(1), Cr PC transferred the complaint to the Court of Sri R.K. Singh, Judicial Magistrate for enquiry a...
Badal Bhandari Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Sep-27-2005
Reported in: 2006CriLJ1589; [2006(1)JCR65(Jhr)]
R.K. Merathia, J.1. Heard.2. This case has been transferred from Patna. As nobody appeared on behalf of the appellants, Mr. Sunil Kumar Dubey assisted the Court on behalf of the appellants as Amicus Curiae. Mr. Jawhar Prasad, learned APP appeared on behalf of the State.3. The prosecution case in brief is that Doman Kumar Dey, the brother of the victim Soriali Dey, lodged a fardheyan on 8.12.1992 about an occurrence, which took place at 11 p.m. on 6.12.1992, alleging, inter alia that when her mother woke up, she found Sonali missing from her room. His mother informed him. They started searching her in course of search, some co-villagers disclosed to the informant that at about 5.30 p.m. on 6.12.1992, they have seen the appellant and Sonali talking between themselves. It was further alleged that when the informant alongwith the said persons reached at the place where Sonali used to sleep, he found that golden ornaments worth Rs. 13,5000/- and Rs.2,500/-in cash kept inside the wall were m...
Suphal Marandi S/O Late Dewan Marandi Vs. Smt. Kapra Murmu W/O Late Ch ...
Court: Jharkhand
Decided on: Sep-27-2005
Reported in: 2005(3)BLJR2334; [2006(1)JCR37(Jhr)]
M.Y. Eqbal, J.1. This appeal by the plaintiff-appellant is directed against the order dated 2.5.2003 passed by District Judge, Pakur in Succession Case No. 11 of 1999/2002 whereby the application filed by the appellant for grant of succession certificate has been dismissed.2. Appellant filed an application under the Indian Succession Act for the grant of succession certificate in respect of some deposits lying in the name of Miru Hembram, the legally married wife of the appellant who died on 25.6.1997.3. Appellant's case is that Miru Hembram was legally married wife of the appellant who died leaving behind the appellant as her sole heir and successor. In the said succession certificate appellant impleaded two persons, namely, Kapra Murmu and Manila Marandi as opposite parties who appeared and pleaded that succession certificate with respect to the amount be granted to the appellant. Learned District Judge on the basis of the evidence came to the conclusion that the deceased left behind...
Chandan Hembram and Badri Yadav Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Sep-27-2005
Reported in: [2006(1)JCR180(Jhr)]
ORDERR.K. Merathia, J.1. As both the appeals arise out of the common judgment, they are taken up together and are being disposed of by this common judgment.2. These appeal are directed against the judgment of conviction and order of sentence dated 4.8.1994 and 6.8.1994 respectively, passed by Shri Shyama Prasad Singh, learned Sessions Judge, Deoghar in Sessions Case No. 118 of 1992, convicting the appellants under Section 376/511, IPC and sentencing them to undergo R.I. for three years each.3. The prosecution case in short is that the informarit-Amabati Marandi, aged between 15-16 years, was coming alone at 1 a.m. in the night of 3/4.4.1991 after attending the marriage. Both the appellants had also gone there. The appellants followed her. When she reached near the house of one Litan Besra; appellants put a 'gamchha' around her neck from behind; gagged her mouth and commanded her not to raise alarm at the threat of killing her. Appellant-Badri Yaclav, thereafter, put 'gamchha on her mou...
P.K. Sengupta Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Sep-26-2005
Reported in: [2005(4)JCR481(Jhr)]
M.Y. Eqbal, J.1. In this writ application the petitioner is challenging the decision of the respondents-BCCL as contained in the letter dated 15/18th May, 1999 whereby the seniority of the petitioner vis-a-vis respondent No. 5, Smt. Ashoka Gupta has been decided and further for a direction upon the respondents to consider the case of the petitioner for his promotion to Executive Cadre retrospectively with effect from 13.8.1992 when respondent No. 5 was promoted and also to pay consequential benefits thereof.2. It appears that in 1997 the petitioner filed a writ application being CWJC No. 9 of 1997 making grievance that persons junior to him including respondent No. 5 posted in T&S; Grade-B and T&S; Grade-A were allowed to appear in the departmental examination but the petitioner was not allowed and the respondents discriminated the petitioner in the matter of promotion in Executive cadre. The said writ petition was finally disposed of on 19.2.1999 by passing the following order :'Heard...
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