Jharkhand Court November 2006 Judgments
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Jamila Khatoon Vs. New India Assurance Company Ltd. and anr.
Court: Jharkhand
Decided on: Nov-13-2006
Reported in: II(2007)ACC614; 2007ACJ1819; [2007(1)JCR235(Jhr)]
ORDER1. Heard the counsel for the parties.2. In this case the deceased died leaving behind the widow, two unmarried sisters and two unmarried dependant brothers. The deceased was a driver aged 35 years.3. The Tribunal awarded only a sum of Rs. 97,000/- taking the notional income of the deceased at Rs. 1500/- per month though the claimant brought on record the income certificate and also examined the employer of the deceased as AW 3. According to the appellant the deceased was getting Rs. 3000/- per month. The Tribunal did not accept the evidence of the appellant merely because no documentary evidence was produced.4. We are unable to accept the mode of assessment adopted by the Tribunal. In our view, in absence of any evidence otherwise, the Tribunal had no option but to accept the evidence adduced by the appellant regarding monthly income of the deceased. Taking into consideration the monthly income of the deceased at Rs. 3000/- the annual dependany comes to Rs. 24,000/- after deductin...
Sudhir Kumar Bhadani and ors. Etc. and Vs. State of Jharkhand
Court: Jharkhand
Decided on: Nov-13-2006
Reported in: [2007(2)JCR79(Jhr)]
D.K. Sinha, J.1. Both the Anticipatory Bail Applications are being taken together filed by different sets of petitioners arising out of common cause of action in respect of Complaint Case No. 339/2003 pending in the Court of C.J.M. Koderma.2. The prosecution story in brief is that a piece of land measuring 0.45 acre -of given plot number and Khata number was purchased by the complainant Dr. Manoj Bhadani against registered sale deed who later on constructed boundary wall over the said land and had also installed an iron gate on the cost of Rs. 9,000/-. The complainant had also constructed a wall with its roof covered by corrugated sheets which cost him Rs. 1,50,000/-. He had engaged a guard for the care and protection of the properties. On 27.8.2003 at about 11 a.m. the informant pursuant to the information received went to the place of occurrence with the witnesses and found that the petitioners along with others had been removing iron gate which was installed by the complainant and h...
Jaswant Pathak and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Nov-13-2006
Reported in: [2007(2)JCR315(Jhr)]
D.P. Singh, J. 1. All the five appellants stand convicted under Section 302/149 of the Indian Penal Code and each of them have been sentenced to undergo imprisonment for life.2. The factual matrix leading to his appeal are that in the morning of 7.7.1993 at about 9 a.m. appellant Vinod Pathak and Raj Kumar Pathak entered in an scuffle with deceased Devendra Pathak and PW 1 Satish Pathak regarding destruction of Chabutara of the Handpump set up by the Government in village Lohri P.S. Lesliganj. According to the prosecution case the appellants have caused damages to the Chabutara on which PW 1 and deceased objected why they were damaging the said Handpump. Further stated the appellants asserted that they would damage it, as it does not belong to them. This lead to further altercation and during the scuffle appellant No. 4 Raj Kuamr Pathak and appellant No. 5 Narbadeshwar Pathak caught hold of the deceased while appellant No. 1 Jaswant Pathak gave a dagger blow on the stomach of the decea...
Shambhu Kumar Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Nov-13-2006
Reported in: 2007(2)BLJR1043; [2007(2)JCR237(Jhr)]
Permod Kohli, J.1. Petitioner has been dismissed from service vide order dated 3rd March, 2001, passed by the Superintendent of Police, Gumla, accepting the report of the enquiring officer, whereby, charge of misconduct against the petitioner was held to be proved. An appeal preferred against the order of dismissal before the Deputy Inspector General of Police, Ranchi, also resulted in dismissal vide order dated 23rd June, 2003. A further appeal in the shape of memorial before the Director General of Police, Jharkhand, Ranchi, also came to be dismissed vide order dated 7th July, 2004.2. Petitioner has challenged the enquiry proceedings, the order passed by the disciplinary authority, dismissing the petitioner from service, and the orders passed by the appellate authorities, referred to hereinabove, on variety of grounds. The main thrust of the argument is that the departmental proceedings held against the petitioner were conducted in violation of the principles of natural justice inasm...
Bishnu Chouhan and anr. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Nov-13-2006
Reported in: [2007(2)JCR322(Jhr)]
1. Both the appellants stand convicted for the offences punishable under Section 302/34 of the Indian Penal Code and sentenced to serve rigorous imprisonment for life, by the 2nd Additional Sessions Judge, Bermo at Tenughat in Sessions Trial No. 25 of 1996.2. Brief facts leading to this appeal are that on 1st of June 1995, the informant (PW 4) Barku Turi, Chowkidar No. 2/7 of village-Budhidih Police Station-Dugda was informed by villagers of Bera Basti that a murder has taken place in the forest. Accordingly, the informant went to Bera Basti village where he was informed that during hunting of forest animals, the villagers had gone inside the forest, where they found two persons throttling the deceased. According to the villagers, they chased and could catch hold of appellant Bishnu Chouhan while appellant Dhular Chouhan could manage to flee. According to the informant, appellant No. 1 admitted his guilt before the villagers and was brought to police station.3. The informant gave his f...
Jharkhand Chemists and Druggists Association Vs. Jharkhand State Regis ...
Court: Jharkhand
Decided on: Nov-13-2006
Reported in: [2007(3)JCR524(Jhr)]
Permod Kohli, J.1. Petitioner is a Society registered under the Societies Registration Act, 1860. It is alleged that about 8,000 Chemists, Druggists and Pharmacists are its members.The grievance projected in this petition is non-acceptance of the applications for renewal of the Pharmacists Licence and consequently non-renewal of such licences. The members of the petitioner-Society were duly registered and entered in the register maintained under the Pharmacy Act, 1948 prior to creation of State of Jharkhand. After bifurcation of State of Bihar and creation of successor State of Jharkhand, such of the pharmacists who had have their place of business/profession in the State of Jharkhand have been denied renewal of their Pharmacists Licence. Petitioner-Society has named a number of such pharmacists/ licensees who were registered in the unified State of Bihar by the Bihar State Pharmacy Council, Patna but have been refused renewal of their registration in the State of Jharkhand after its c...
Krishnaji and ors., Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Nov-10-2006
Reported in: [2007(1)JCR1(Jhr)]
Permod Kohli, J.1. These four petitions were referred to Division Bench by the then Acting Chief Justice vide order dated 19.6.2006 in view of the judgment of the Apex Court in Union of India v. Rajesh P.U., Puthuvalnikathu and Anr. reported in : AIR2003SC4222 .2. Petitioners in these writ applications are candidates for the post of Constables in the police department from four districts of the State, namely, Hazaribagh, Koderma, Chatra and Giridih. It is useful to briefly notice the factual background leading to the filing of present writ applications. State of Jharkhand issued advertisement notice No. 01/04 published in various newspapers on 13.1.2004 inviting applications for the post of Constables for all the districts of the State. The last date of submission of the applications was fixed as 15.2.2004. The petitioners in this case applied for selection in the aforesaid four districts of the State. Petitioners belonging to four districts have given details in the writ applications ...
Mohd. Khalil @ Kalil Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Nov-10-2006
Reported in: [2007(1)JCR12(Jhr)]
D.G.R. Patnaik, J.1. The instant appeal is directed against the judgment of conviction dated 9.12.1999 and corresponding sentence passed by the VIIth Additional Judicial Commissioner, Ranchi, whereby appellant was convicted for the offence under Section 376, IPC and sentenced to undergo R.I. for a period of 10 years.2. Stated briefly, the case of the prosecution, as per the FIR lodged by one Amanullah (PW 3) on 19.11.1997. is that in the afternoon of 16.11.1997, informant's minor daughter aged about 3 and 1 /2 years came home complaining of bleeding from her private part. The informant's wife found the panty of the girl soaked with the blood. On query, the girl stated that 'Khalil Dada' had threshed his penis into her vagina, due to which she had suffered bleeding. The informant and his wife took the girl to the house of Khalil Dada 'accused', but found the door closed. They went to the tailoring shop of the accused where on being accosted, the accused tried to explain that the girl ha...
Rameshwar Singh Vs. State of Jharkhand
Court: Jharkhand
Decided on: Nov-10-2006
Reported in: [2007(2)JCR278(Jhr)]
ORDERD.K. Sinha, J.1. The present Cr. Revision has been directed against the order impugned dated 28.6.2006 passed by the S.D.J.M., Bermo at Tenughat in Jaridih P.S. Case No. 116/2005 corresponding to T.R. No. 1075(A)/2006 whereby and whereunder the petition filed by the petitioner for his discharge under Section 239, Cr PC was rejected and charge was directed to be framed under Section 7 of the E.C. Act against the petitioner and three other accused.2. Heard Shri Rajesh Kumar Mehta, learned Counsel appearing on behalf of petitioner. None appeared on behalf of the State.3. The prosecution story in brief is that a Truck No. B.R.-36- 5525 was intercepted by the police and Supply Inspector carrying 119 packets of rice containing 50 K.G. in each packet to the total 59.50 quintals. The truck was intercepted near the house of the petitioner Rameshwar Singh a licensee under Public Distribution System at Langtatarn. His ration shop was found closed without display of the stock position of the ...
Ashok Kumar Talpatra and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Nov-10-2006
Reported in: [2007(1)JCR369(Jhr)]
D.G.R. Patnaik, J.1. The appellants, above named, were charged with, tried and convicted for the offence under Sections 302/34 of the Indian Penal Code vide impugned judgment of conviction dated 7.9.2000 by the 5th Additional Sessions Judge, Hazaribagh. The sentence for life imprisonment was awarded to each of the appellants by order dated 11.9.2000. The case relates to the death caused by burn injury of the deceased Rina Talpatra, wife of the appellant No. 2 Ashok Kumar Talpatra, aged about 35 years. The injured had suffered burn injury at her matrimonial house at village Kaitha within the police station of Ramgarh. She was admitted to the plaint hospital Dhurwa at Hatia within the district of Ranchi. While she was undergoing medical treatment of her injury at the hospital, she died at the hospital on 14.1.1992. The information regarding the burn injury sustained by the deceased and her admission to the hospital for medical treatment, was conveyed to the mother of the deceased (PW 3)....
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