Jharkhand Court September 2005 Judgments
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Cambridge Institute of Technology, Through Its Principal Vs. State of ...
Court: Jharkhand
Decided on: Sep-06-2005
Reported in: [2005(4)JCR369(Jhr)]
ORDERNarendra Nath Tiwari, J.1. These interlocutory applications have been filed by the applicants (1) Ritesh Kumar, (2) Ausaf Khalil, (3) Pratyush Kumar, (4) Anurudh Kumar (all applicants In LA. No. 1886 of 2005); (5) Chitranjan (applicant in LA. No. 1891 of 2005); (6) Dhyan Kumar Horo (applicant in LA. No. 2317 of 2005); (7) Md. Azharuddin (applicant in LA. No. 2238 of 2005).2. At the time of hearing of the said interlocutory applications, one Santosh Ram also prayed for intervention claiming himself similarly situated with the applicants of the said interlocutory application.3. The claim of the said persons is that they are the regular students of first year of B.Sc. (Engineering) of the Cambridge Institute of Technology of the Session 2003-2007 and they were admitted in the management quota/free seats as permitted to the said institute. The names of the said students were also registered by the Ranchi University and Registration Numbers were also allotted to them. They have given t...
Suresh Mandal Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Sep-06-2005
Reported in: II(2006)DMC603; [2005(4)JCR433(Jhr)]
Amareshwar Sahay, J.1. This revision application has been filed by the petitioner (hereinafter called as the husband) against the judgment/order dated 8.08.2003 by the 5th Additional District & Sessions Judge, (FTC) Dumka in Criminal Revision No. 104/1993/14/2003, allowing the revision application and directing the husband petitioner to pay Rs. 500/- p.m. by way of maintenance to O.P. No. 2 (hereinafter called as the wife).2. The wife Dayamani Mandalain filed an application under Section 125 Cr PC before the Sub-Divisional Judicial Magistrate, Dumka, which was registered as Criminal Misc. No. 14/91. It was stated in the said petition under Section 125 Cr PC by the wife that she was the legally married wife of Suresh Mandal, the petitioner herein. The marriage was performed in the Month of May 1983 according to Hindu custom and rights and since thereafter they were living as husband and wife. Subsequently, the husband started neglecting her and he refused to maintain her. He stopped tak...
Birendra Kumar Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-06-2005
Reported in: [2006(2)JCR342(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioner against the letter No. 753, dated 13th March, 2004 issued by Under Secretary, Water Resources Department, Government of Jharkhand and the Letter No. 63, dated 18th March, 2004 issued by the Superintending Engineer, Advance Planning Investigation and Hydrology Division No. 1, Deoghar. By the aforesaid letters it was ordered to retire the petitioner with effect from 18th March, 2004 on the ground that he having completed 40 years of service.2. According to the petitioner, he was appointed in the service of the State on 5th July, 1962 as Gauge Reader in the work charge establishment. The petitioner proceeded on medical leave as he was suffering from tuberculosis and his service was terminated vide letter No. 641, dated 8th November, 1972. Subsequently, he having produced medical certificate and vide letter No. 606, dated 10th April. 1974 of the office of the Executive Engineer, he was allowed to join duty...
Bijendra Singh Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-05-2005
Reported in: [2005(4)JCR209(Jhr)]
ORDER1. This appeal is directed against the judgment and order passed by the learned Single Judge on 18th May, 2004, dismissing the writ application filed by the appellant in CWJC No. 1844/2000 (P).2. Admittedly, the appellant, Bijendra Singh, was duly selected and appointed as a Constable in the Bihar Military Police in August, 1971. During the Lok Sabha Elections of 1996, the appellant was sent on deputation to the D.A.V. School, Hazaribagh, and while he was posted there, in 8th May, 1996, at about 8.00 p.m., an incident took place in the School, in which the appellant was sought to be involved.3. From the materials on record, it appears that a complaint was lodged by one Fuleshwar Mandal (constable No. 104), in which it was alleged that in the night of 8th May, 1996, while the complainant was standing in front of the School Gate with three other colleagues, namely, Kaushlesh Ram, Sagar Manjhi and Krishna Kumar Tamar, one Kishore Kumar Singh, in a drunken state, came and pushed him a...
The Management of Bokaro Steel Plant Vs. V.S. Tiwary and anr.
Court: Jharkhand
Decided on: Sep-05-2005
Reported in: [2005(4)JCR476(Jhr)]
ORDER1. This appeal at the instance of the Management of the Bokaro Steel Plant is directed against the judgment and order of the learned Single Judge dismissing the appellant's writ application, being W.P. (L) No. 2690 of 2003, with the observation that the writ Court under Article 226 of the Constitution is not required to re-appraise the entire evidence and record a finding which was different from that of the Labour Court. Being aggrieved by the decision of the learned Single Judge, the appellant has preferred the instant appeal.2. Before we proceed further, it may be useful to indicate that Rashtriya Congress Shramik Sangh, Bokaro Steel City raised an industrial dispute on behalf of the respondent, Shri Vidya Sagar Tiwary, regarding his status as an employee on daily wages of the Bokaro Steel Sports and Recreation Council and as to whether he was an employee of the Bokaro Steel Plant. The dispute was ultimately referred to the Labour Court, Bokaro Steel City by the State of Bihar,...
Dhananjay Mahto and ors. Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Sep-02-2005
Reported in: [2005(4)JCR1(Jhr)]
S.J. Mukhopadhaya, J.1. Although these cases have been heard on different dates and judgments/orders were kept reserved on different dates i.e., 8th, 9th and 10th August, 2005, since 'they relate to reservation of the offices and seats of Chairpersons of Panchayats at all levels, all of them are being disposed of by this common judgment. Constitutional validity of certain provisions of 'The Panchayat (Extension of Scheduled Areas) Act, 1996' (Act 40 of 1996) hereinafter to be referred as 'PESA Act, 1996, certain provisions of Jharkhand Panchayat Raj Act, 2001 and Scheduled Areas (States of Bihar, Gujrat, Madhya Pradesh and Orissa) Order, 1977 have been challenged by the petitioners.Prayer of the petitioners :2. Petitioner Dhananjay Mahto of CWJC No. 3591 of 1997 (R) and petitioner Ganga Prasad Singh and others of WP (PIL) No. 3877 of 2002 have challenged the 2nd provision to Clause (g) of Section 4 of PESA Act, 1996, whereby and whereunder, all seats of Chairpersons of Panchayats at al...
Smt. Reshmi Dugar and ors. Vs. Ram Somari Devi
Court: Jharkhand
Decided on: Sep-02-2005
Reported in: [2005(4)JCR454(Jhr)]
R.K. Merathia, J.1. This appeal, by the tenant, has been preferred against the judgment and decree dated 25th June, 1998, passed by Shri Kamla Prasad, Additional District Judge, Koderma in Title (Eviction) Appeal No. 6 of 1991, whereby, learned lower appellate Court has reversed the judgment and decree dated 30.4.1991, passed by Sri Nishat Haider, Munsif, Koderma in Title (Eviction) Suit No. 61 of 1986.2. This appeal was admitted on 13.4.1999 for hearing on the following questions of law.(1) Whether the lower appellate Court while reversing the judgment of the trial Court has property appreciated the evidence adduced by the defendants-appellants?(2) Whether a decree for eviction as against the trespasser under Section 14 of the B.B.C. Act can be sustained in law?3. Plaintiff-appellant filed this suit on 19.12.1986 on the ground of personal necessity, against Smt. Reshmi Dugar, wife of late Bachraj Dugar and Sri Kamal Dugar. Plaintiffs case in short was that the suit premises was purcha...
Shyamal Karmakar Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-02-2005
Reported in: 2006CriLJ783; [2005(4)JCR430(Jhr)]
ORDERAmareshwar Sahay, J.1. This interlocutory application has been filed for modification of the order dated 24.2.2005 in terms of the decision of the Supreme Court in the case of Sunita Devi v. State of Bihar, reported in 2005 (1) East Cr C 1 (SC) : 2005 (1) PLJR 270. In order to dispose of this interlocutory application some relevant facts are necessary to be stated which are as follows :2. A first information report being Adityapur P.S. Case No. 163 of 2004 was registered under Sections 409, 420, IPC on the basis of the complaint made by the informant Jeevan Pd. Agarwal (Naredi) against one Shyamal Karmakar. The allegations made in the complaint are not necessary to be stated. Suffice is to say that the accused Shyamal Karmakar moved before the Sessions Judge at Saraikela for grant of anticipatory bail which was rejected in terms of the order dated 29.4.2004 in ABP No. 28/2004.3. The accused Shyamal Karmakar thereafter, moved this Court for grant of anticipatory bail, which was reg...
Bhola Prasad Sinha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-01-2005
Reported in: 2005(3)BLJR2343; [2005(4)JCR216(Jhr)]
M.Y. Eqbal, J1. Heard the counsel for the parties.2. In this writ application the petitioner has prayed for quashing the order dated 14/10/2005 passed by the Circle Officer, Town Anchal, Ranchi in Encroachment Case No. 09/01-02 whereby he has directed the petitioner to remove the encroachment over a portion of the land in question comprised within survey plot No. 948, Khata No. 1, thana No. 202 situated at village Hesal, district-Ranchi and also for quashing the order dated 28.05.2005 passed by Additional Collector, Ranchi in Encroachment Appeal No. 2R 15 of 2004-05 affirming the order passed by the Circle Office, Ranchi.3. Case of the petitioner is that the land in question belonged to one Smt. Ketki Sahay, daughter of late Krishna Mohan Sahay from whom the petitioner purchased the said land by virtue of registered deed of sale deed dated 20/9/90. Before purchasing the land, the vendor of the petitioner applied for permission of the Deputy Commissioner, Ranchi as required under Sectio...
Heeralal Prasad Verma and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Sep-01-2005
Reported in: 2006CriLJ778; I(2006)DMC187; [2005(4)JCR428(Jhr)]
ORDERAmareshwar Sahay, J.1. The petitioner herein were convicted for the offence under Section 498-A, IPC and were sentenced to undergo S.I. for a period of two years each by the trial Court by judgment dated 10.3.2004. The appellate Court also confirmed the conviction and sentence passed by the trial Court by the judgment dated 31.5.2005. Against that the present revision application has been filed.2. The petitioners are represented by Mrs. Vandana Singh whereas O.P. No. 2 Smt. Pushpa Verma is represented by Mr. K.P. Deo.3. It is jointly stated and submitted that due to intervention of the well wishers and the close relatives of the parties now both the parties have compromised and have amicably settled their disputes. Now the O.P. No. 2 has no grievance left against the petitioners and she is peacefully living at her in-laws place. She is no more interested in pursuing with the case against her in-laws and, as such, it is prayed that the conviction against the petitioners be set asid...
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