Jharkhand Court September 2005 Judgments
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Shiva NaraIn Singh Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Sep-15-2005
Reported in: [2005(4)JCR467(Jhr)]
R.K. Merathia, J.1. In this writ petition, petitioner prayed for a direction to release his retiral dues and for quashing his punishment order dated 24.6.1999 (Annexure-8).2. Petitioner was posted at Harijan Middle School, Jojobera, Jamshedpur since 25.4.1983. He became Head Master. After about 13 years, he was transferred to Middle School. Musabani, Jamshedpur by order 28.2.1996/4.3.1996. He was relieved on 19.3.1996 and the other Head Master Sri Hem Chandra Jha was posted at his post. He challenged his transfer order vide CWJC No. 990 of 1996 (R) which was disposed of with liberty to file representation. His representation was rejected. He again filed writ petition, being CWJC No. 3256 of 1996 (R) challenging the rejection of his representation. On 17.12.1996, an interim order of stay of transfer was passed. Pursuant to the said interim order, an order dated 14.2.1997 was issued by the Department. The said writ petition was dismissed on 10.3.1997 and, accordingly, on 22.4.1997 petiti...
Kedar Yadav and anr. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-15-2005
Reported in: [2006(3)JCR195(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. Both the appellants, named above, have preferred this appeal against the judgment and order of conviction and sentence both dated 31st January, 2001, passed by the learned Session Judge, Dumka (Santhal Parganas), in Sessions Case No. 215 of 1995, arising out of Jamtara (Mihijam) P.S. Case No. 106 of 1993, corresponding to G.R. No. 210 of 1993, whereby and whereunder, both of them have been convicted for the offence under Section 302/34 of the Indian Penal Code as also 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life for the offence under Section 302/34 of the Indian Penal Code and rigorous imprisonment for five years for the offence under Section 27 of the Arms Act. However, both the sentences have been directed to run concurrently.2. The case of the prosecution, which is based on the fardbeyon (Ext. 6) of the informant Hira Lal Yadav (PW 6), lodged on 17th May, 1993 at 15.25 hours, is that on the same date in the after-noon at...
Bansidhar Ghosh Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Sep-13-2005
Reported in: [2006(1)JCR68(Jhr)]
R.K. Merathia, J.1. Heard.2. This case has been transferred from Patna. Nobody appeared on behalf of the appellant. However, Mr. Sunil Kumar Mahato, assisted the Court on behalf of the appellant as Amicus Curiae.3. This appeal is directed against the judgment of conviction and sentence dated 28.7.1994, passed in Sessions Case No. 14 of 1983/26 of 1993, by Sri R. Sinha, Assistant Sessions Judge, Rajmahal convicting the appellant and one Bablu Singh under Sections 458, 376/511, IPC and sentencing them to undergo rigorous imprisonment for seven years for 458 and ten years for 376/511, IPC to run concurrently.4. In support of the Appeal, Mr. Sunil Kumar Mahato, learned Amicus Curiae submitted that it will appear from Paragraph 7 of the impugned judgment itself that the First Information Report, Fard-beyan of the informant, the seizure list have not been proved; the medical evidence has not been produced, the Investigating Officer has not been examined and the trial Court observed that the ...
Gobardhan Marandi Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Sep-13-2005
Reported in: [2005(4)JCR411(Jhr)]
Amareshwar Sahay, J.1. This appeal is directed against the judgment dated 2.4.1992 passed by the 1st Additional Sessions Judge, Dumka, in Sessions Case No. 388/1990/81/1990, whereby the appellant Gobardhan Marandi was convicted for committing the offence under Section 376, IPC and was sentenced to undergo R.I. for a period of five years.2. The prosecution case, in short, is that in the night of 24.1.1990 the informant PW 3 was sleeping on her 'Verandah'. At that time a man came and all on a sudden by removing her attire started committing rape on her. She protested at which the accused gagged her mouth. In the light of 'Dhlbari' which was burning, she identified that person as the appellant Gobardhan Marandi. When the appellant allegedly removed his hand from her mouth of the informant then it is said that she raised truth taking the name of the appellant. At this her father, who was sleeping nearby, woke up and came running towards her and then the appellant started fleeing away from ...
Swarnrekha Coal and Coke (P) Limited and ors. Vs. Union of India (Uoi) ...
Court: Jharkhand
Decided on: Sep-13-2005
Reported in: [2006(1)JCR17(Jhr)]
ORDERM.Y. Eqbal, J.1. I have heard learned Counsels appearing for the parties on the Interlocutory Applications being I.A. Nos. 1220 and 2065 of 2005.2. In these writ petitions, petitioners who are the linked consumers, have challenged the Scheme as well as the notice issued by the respondents-BCCL for the sale of coal to non-core sector/consumers through a system known as 'E-Auction' on the ground that the said scheme is contrary to the provisions of Colliery Control Order, 2000 and further for an order directing the respondents to release linked quantity of coal to the petitioners' unit on the scheduled price of coal as approved by the Coal India Limited.3. The writ petition being W.P. (C) No. 1630 of 2005 was heard on 8.4.2005 at the admission stage and while allowing time to the counsel appearing for the respondents for filing counter-affidavit this Court passed interim order in the light of the interim order passed by the Hon'ble Supreme Court and different High Courts. The order ...
Naresh Prasad Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Sep-13-2005
Reported in: [2005(4)JCR413(Jhr)]
Amareshwar Sahay, J.1. This revision application arises against the judgment dated 9.2.1998 passed by the Sessions Judge, Dhanbad in Criminal Appeal No. 21/1997 whereby the learned Sessions Judge, dismissed the appeal filed by the petitioner challenging the order dated 28.10.1996 passed by the Executive Magistrate, Dhanbad in a proceeding under Section 107, Cr PC whereby the petitioner was directed to execute bond of Rs. 5.000/- in order to keep peace for a period of one year.2. The facts in detail are not required to be stated in view of the points raised on behalf of the petitioner. Suffice is to say that a proceeding under Section 107, Cr PC was initiated at the instance of the first party on the basis of a police report on 3.11.1995 and the second party, i.e., the opposite party herein, was directed to appear and file show cause. Thereafter the opposite party appeared, filed his show cause and then after completion of the enquiry under Section 116, Cr PC final order was passed on 2...
Bishmdeo Prasad Vs. Ranchi University and ors.
Court: Jharkhand
Decided on: Sep-13-2005
Reported in: [2006(1)JCR81(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the parties.2. In this writ petition, petitioner has prayed for quashing the provision/condition as contained in prospectus issued by Kartik Oraon B.Ed. College, Gumla, whereby the petitioner has been debarred on certain circumstances from taking admission in B.Ed. Course and further prayer has been made for directing the respondents to take admission of the petitioner in B.Ed. College as he has been qualified for the same.3. Petitioner applied for admission in B.Ed. Course in B.Ed. College, Gumla and his name was published in the newspaper as successful candidate for admission. However, when the petitioner submitted the Department Leaving Certificate (DLC) the respondents refused to take admission on the ground that as per condition put in the note of the prospectus he is not eligible to take admission in B.Ed. Course.4. Counter affidavit has been filed and the only stand taken in the counter-affidavit is that the petitioner had enrolled in the Post-Graduat...
Anupam Pathak and anr. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-13-2005
Reported in: 2006CriLJ916; I(2006)DMC360; [2006(1)JCR194(Jhr)]
R.K. Merathia, J.1. Heard Mr. B.K. Prasad, learned Counsel for the appellants and Mr. S.K. Srivastava, learned A.P.P. for the State.2. This appeal is directed against the judgment of conviction dated 17th September and order of sentence dated 20th September, 2003 passed by Sri. Prakash Rai, Sessions Judge, Hazaribagh in Sessions Trial No. 485 of 1997 whereby the appellants were convicted under Section 498A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and also to pay a fine of Rs. 1,000.3. A complaint was filed on 4.12.1996 by Smt. Laxmi Mishra (P.W. 4) alleging torture for demand of dowry against the appellants who are her husband and mother-in-law respectively. The alleged dates of occurrences were 5.11.1994, 13.9.1996 and 3.12.1996. The offences alleged were under Sections 498A and 406 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.4. The allegations in short are as follows: The complainant was married with appellant No...
Sita Ram Sahu Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Sep-13-2005
Reported in: [2006(1)JCR220(Jhr)]
ORDERAmareshwar Sahay, J.1. The petitioners along-with two others namely, Rudhu Devi and Ram Prasad Sahu were tried for the offences under Sections 323, 366-A and 376 of the Indian Penal Code. The petitioner Sita Ram Sahu was convicted for committing the offence under Section 376, IPC for committing rape on the minor Sushila Kumari, the daughter of the informant and was sentenced to undergo RI for a period of 7 years. He was further convicted for the offence under Section 323, IPC but no separate sentence was passed for the said offence. The other co-accused Rudhu Devi was convicted for the offence under Section 323, IPC and was sentenced to undergo RI for a period of six months. Whereas the 3rd co-accused namely Ram Prasad Sahu was convicted for the offence under Section 323/114 of the IPC and was sentenced to undergo RI for a period of six months by the trial Court by judgment dated 13.6.1997.2. The aforesaid judgment of conviction and sentence, passed by the trial Court, was challen...
Jharkhand State Electricity Board and ors. Vs. Puran Choudhary
Court: Jharkhand
Decided on: Sep-12-2005
Reported in: [2005(4)JCR378(Jhr)]
ORDER1. Having heard the learned counsel for the appellants and the learned counsel for the respondent on the limitation petition (LA. No. 1037/04) and being satisfied with the cause shown therein, we condone the delay in filing the appeal. The aforesaid LA. for condonation of delay is disposed of.2. The respondent was appointed in the services of the appellant-Electricity Board, on 1.1.1966 and his date of birth was recorded in his service book as 7th November, 1946. For about 33 years, no objection as to his date of birth recorded was raised either by the Board or by the employee-respondent. After 33 years, the respondent was examined by the Medical Board, which assessed his age and found his date of birth to be 3.11.1943 which was about 3 years more than the age recorded in his service book and on the basis of the age assessed by the Medical Board, the respondent was superannuated.3. The learned Single Judge noticed that the date of birth as recorded in the service book was not oppo...
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