Jharkhand Court November 2006 Judgments
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Ashok Kumar Saha Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Nov-16-2006
Reported in: [2007(1)JCR419(Jhr)]
Permod Kohli, J.1. Petitioner is a Class-IV employee of Giridih Central Cooperative Bank Limited, a society registered under the Bihar & Orissa Co-operative. Societies Act, 1935 (now Jharkhand Co-operative Societies Act, 1935, as adopted by the State of Jharkhand). He has approached this Court seeking a direction upon the respondents for enhancement of age of retirement from 58 years to 60 years on the basis of similar decision, taken by the State Government vide Resolution No. 5826 dated 26th October, 2004, enhancing the age of retirement of the State Government employees from 58 years to 60 years and on the strength of letter dated 27th November, 2004, issued by respondent No. 3 to respondent No. 2, extending similar benefit to the employees of the Co-operative Bank Petitioner has also relied upon the communication dated 8th December, 2004, whereby, respondent No. 4, Managing Director of the Bank, has requested respondent No. 3 for implementation of the decision of the State Governme...
Bikarama Singh and Naik Devendra Singh Vs. Union of India (Uoi) and or ...
Court: Jharkhand
Decided on: Nov-14-2006
Reported in: [2007(1)JCR248(Jhr)]
M.Y. Eqbal, J.1. In these two appeals, since common question of law and facts are involved, they have been heard and disposed of together by this common order.2. These two appellants are the constables in Central Industrial Security Force ( in short CISF) at Kargali colliery of Central Coalfield' Limited. On 21.11.1997 and 24.11.1997 in a surprise check . it was found that these two appellants , while they were posted at the check post, collected money from the drivers/khalasies. Charge sheet for gross misconduct , indiscipline and dereliction of duty , Was served on the appellants alleging that while on duty they collected Rs. 50/- and 65/- respectively towards/legal gratification from the truck drivers/khalasies. After holding a departmental inquiry they were dismissed from service.2. Both the appellants challenged the order of dismissal by filing CWJC Nos. 1707 and 1715 of 1998. Learned Single Judge dismissed both the writ petitions holding that once charges were proved, there is no...
Bharat Coking Coal Limited and ors. Vs. Jainandan Yadav @ Jainandan Si ...
Court: Jharkhand
Decided on: Nov-14-2006
Reported in: [2007(1)JCR254(Jhr)]
ORDERM.Y. Eqbal, J.1. This appeal under clause 10 of the Letters . Patent is directed against the Judgment dated 3.5.2005 passed in W.P.(S) No. 469 of 2005 whereby the learned Single Judge has declared the date of birth of the respondent as 4.5.1952 and directed the appellant not to act upon the date of birth as recorded in Form-B register.2. The case of the respondent/writ, petitioner in the writ petition was that he was appointed in 1971 as Bill Clerk and at the time of appointment he gave his date of birth as 4.5.1952 on the basis of Matriculation Certificate. In the service excerpts issued in the year 1981 his date of birth was recorded as 4.5.1952. But recently in the last pay certificate date of birth of the petitioner was shown as 1950. Petitioner/respondent's further case is that in Form-B register his date of birth has been mentioned as 1950 instead of 1952. The writ petitioner said to have made representation on 31.3.2004 to the effect that entry relating to his date of birth...
Rajesh Patel Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Nov-14-2006
Reported in: [2007(1)JCR66(Jhr)]
D.K. Sinha, J.1. The instant appeal has been directed against the judgment and order passed by Shri Krishna Murari, 1st Additional Sessions Judge, Jamshedpur in S.T. No. L68 of 1994/172 of 1995 whereby and whereunder the sole appellant was convicted under Section 376 of the Indian Penal Code and was sentenced to rigorous imprisonment for a period of seven years.2. The prosecution story is in a narrow compass .The prosecutrix, Sheela Roy in her statement before the police on 25.2.1993 delivered at the Ghatsila police, station narrated that she was working as a Nurse in the Nursing Home of Doctor Prabir Bhagat at Moubhandar, P.S. Ghaisila. East. East Singhbhum. The house of the appellant, Rajesh Patel was located near the dispensary/nursing Home of Doctor Prabir Bhagat. It was alleged that on 14.2.1993 at about 11 a.m. the prosecutrix on the request of the appellant went to his house in order to get back her book from him. As soon as the prosecutrix entered into the house of the appellan...
Sankar Gaur @ Gouri Shankar Gour Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Nov-14-2006
Reported in: [2007(1)JCR70(Jhr)]
D.K. Sinha, J.1. The present appeal has been directed against the judgment of conviction and order of sentence passed by the Sessions Judge, East Singhbhum, Jamshedpur in S.T. No. 47 of 1993 whereby and whereunder the appellant: was convicted under Section 326 of the Indian Penal Code and sentenced to undergo R.I. for a period of three years.2. The prosecution story is in a narrow compass.The statement of the informant PW 1 Uday Narayan Singh was recorded at Government Hospital, Sakchi, Jamshedpur on 4.9.1987 at 1.30 a.m. who narrated that in the night of 3.9.1987 at about 11.30 p.m. when he, after washing his face, went to answer the call of nature, there started brick-batting from the eastern side of his house. He warded off first stone pelted from outside but second one hit him on his neck and there started bleeding. He identified the assailant Trivedi Gour and another boy whom the informant could not identify. On his alarm there being raised his younger brother Satyendra Kumar Sing...
BipIn Sah Vs. State of Jharkhand
Court: Jharkhand
Decided on: Nov-14-2006
Reported in: [2007(2)JCR67(Jhr)]
ORDER1. The sole appellant, Bipin Sah was put on trial along with other accused persons, namely, Pramod Sah, Rita Devi, Kalawati Devi, Jugul Sah and Munshi Sahu (died in course of the trial) to face charges under Sections 304(B) of the Indian Penal Code and 3/4 of the Dowry Prohibition Act on the allegation that they committed dowry death of Champa Devi, daughter of the informant, Baldeo Sah (PW 3). The trial Court while acquitting the other accused persons, convicted the appellant under Section 304(B) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act and consequently sentenced him to undergo imprisonment for life under Section 304(B) of the Indian Penal Code. However, no separate sentence was passed under Section 3/4 of the Dowry Prohibition Act.2. The case of the prosecution is that Champa Devi was married to this appellant in the month of May 1995 and after the marriage she came to her matrimonial home and whenever she had occasion to come to the house of her par...
Bhim Mahto and ors. Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Nov-13-2006
Reported in: [2007(4)JCR610(Jhr)]
D.P. Singh, J.1. The appellants (in Criminal Appeal No. 362 of-2000(R) and Criminal Appeal No. 384 of 2000(R)) on being tried, have been found and held guilty for the offence under Section 302/149 of the Indian Penal Code and the appellants in Criminal No. 411 of 2000 have been found and held guilty for the offence under Sections 302/34 and 302/149 of the Indian Penal Code, by the Additional Session. Judge-I, Bermo at Tenughat by common judgment dated 6.9.2000 and 7.9.2000 in Sessions Trial No. 228 of 1990/211 of 1994 and sentenced to undergo rigorous imprisonment for life on each count. As all the appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.2. The factual matrix leading to these appeals are as follows:Informant, Phulchand Mahto was planting sweet potato (Shakarkand) along with deceased in the morning of 17.7.1987 in the field situated near their house in village Taranan, Tola- Beharatand, when appellants Karti...
Dilip Machhuwa Vs. State of Bihar
Court: Jharkhand
Decided on: Nov-13-2006
Reported in: [2007(1)JCR54(Jhr)]
Dilip Kumar Sinha, J.1. The present appeal has been preferred by the sole appellant against the judgment of conviction under Section 376, IPC and order of sentence passed respectively on 18th and 19th November, 1997 whereby and whereunder the appellant was sentenced to undergo rigorous imprisonment for 10 years.2. The prosecution story in brief is that the prosecutrix Mira Kumari delivered her statement before the Bundu Police at about 8.30 p.m. stating, inter alia, that she was aged about 10 years and on the same day while she was returning from the grocery shop of Akchhay Mahto after pur-purchasing Biscuit, she came across the appellant Dilip Machhua who after delivering a Chocklet asked her to accompany him and took her away towards Manager Bandh on the northern bank of the pond and layed her down from back side. She further narrated that the appellant terrorized that in case of raising alarm she would be thrown in the pond after killing her. When she could not resist out of fear, t...
Dr. Arun Kumar Verma Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Nov-13-2006
Reported in: 2007(1)BLJR712
Ramesh Kumar Merathia, J.1. As per the last order, heard the parties, for disposal of this writ petition at this stage.2. Petitioner filed this writ petition challenging the notification contained in Memo No. 149 (1) dated 10.9.2003 (Annexure 8) issued by respondent No. 3, complaining that respondent No. 4 being junior to him was posted as Acting Principal of Mahatma Gandhi Memorial Medical College, Jamshedpur (for short 'M.G.M. Medical College, Jamshedpur') ignoring the length of service and seniority of the petitioner; and for a direction to respondents No. 1 to 3 to consider and grant promotion to the petitioner in the higher post of Professor and Principal from the date of eligibility with all consequential benefits.In view of the order I propose to pass, it is not necessary to go into the said dispute/claim raised by the petitioner.3. Mr. A.K. Sinha, appearing for the intervener Dr. Sriram Pratap Sinha submitted as follows. The writ petitioner filed I.A. No. 2377 of 2006 for restr...
Mohan MeakIn Limited Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Nov-13-2006
Reported in: 2007(2)BLJR1089; [2007(3)JCR125(Jhr)]
ORDERPermod Kohli, J.1. Through the medium of this writ petition, a direction has been sought for refund of an amount of Rs. 25,88,003.70 paise along with interest on account of excess excise duty, paid by the petitioner on the stocks of Indian made foreign liquor and beer. Petitioner is a company, duly registered under the Companies Act, 1950. The company has its branch office at Paragon Finance Compound, Kokar, Ranchi. The company secured a wholesale trade license for the year, 2004-05, duly issued by the Collector under the signature of the Assistant Commissioner, Ranchi, on 6th April, 2004. Under the State Excise Rules the company was required to keep minimum of 14000 LPL of foreign liquor in terms of Notification No. 332 dated 5th February, 2002. Accordingly, the company acquired the requisite stocks for its trade. The excise duty levied on the Indian made foreign liquor and beer is required to be paid at the time the stocks are acquired. At the relevant time i.e. at the time of g...
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