Jharkhand Court December 2006 Judgments
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Raghnu Munda Vs. State of Jharkhand
Court: Jharkhand
Decided on: Dec-18-2006
Reported in: [2007(2)JCR131(Jhr)]
D.G.R. Patnaik, J.1. Both the appellants were charged with for offences under Sections 302/34 of the Indian Penal Code for causing the death of Kishore Singh Rawani on 28.2.1992 and were sentenced by the trial court to suffer imprisonment for life.2. The deceased Kishore Singh Rawani was the husband of the informant Gayatri Devi (PW3). The case, as unfolded by her, is that on 28.2.1992 at 5.00 p.m. a quarrel ensued between her minor son Bhanu, aged six years, with Bahadur Munda son of his neighbour Raghnu Munda (appellant) on account of the injury which the later had sustained when the informant's son pelted stones at a tree. The quarrel between the children soon led to a fracas between the female members of both the houses Raghuni Munda intervened and he too indulged in abuses against the informant (PW3) and left the place giving out threats that he would soon take revenge. Later at about 6.00 pm. while the deceased Kishore Singh was returning home, he was accosted and restrained by b...
A.K. Biswas (Aranya Kamal Biswas) Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Dec-18-2006
Reported in: 2007(1)BLJR823; [2007(2)JCR126(Jhr)]
D.G.R. Patnaik, J.1. The appellant was convicted for the offence under Section under Section 13(2) of the Prevention of Corruption Act, 1988 besides Section 161 of the Indian penal Code, by the 7th Addl. Sessions Judge cum Special Judge (Vigilance) Ranchi, in Spl. Case No. 11 of 1988 / Vig. Case No. 33 of 1988 and accordingly sentenced to undergo imprisonment for one year and a fine of rupees two thousand for offences under Section 7 of the Prevention of Corruption Act, 1988 and separately sentenced for the same period besides fine of rupees three thousand imposed on him for the offence under Section 13(2) of the Prevention of Corruption Act, 1988 though no separate sentence was passed under Section 161 IPC.2. The facts of the case, stated briefly, is that the complainant Shiv Nath Prasad (PW7) had vide an agreement undertook to supply gunny bags to the Bihar State Mineral Development Corporation, at its factory at Daltonganj. The appellant at that time was the Project Manager of the f...
Sona Ram Mahli and ors. Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Dec-18-2006
Reported in: 2007(1)BLJR658
D.G.R. Patnaik, J.1. Appellants namely, Sona Ram Mahli (Cr. Appeal No. 130 of 1998), Manki Munda, Thakur Munda, Harinath Singh Munda, Behru Munda, Fulari Munda, Ram Charan Kumhar, Gholtu Kumhar and Feklu Munda (Cr. Appeal No. 157 of 1997), Inderdeo Mahto (Cr. Appeal No. 158 of 1997, Budhu Mahli (Cr. Appeal No. 177 of 1997) and Behra Munda, Lulari Munda, Thakur Munda and Hari Nath Munda @ Hari Nath Singh Munda were convicted by the 5th Additional Judicial Commissioner, Ranchi for the offences under Sections 364, 302, 201 and 34 of the Indian Penal Code and was sentenced to undergo imprisonment for life for the offence under Sections 364 and 302 IPC and three years for the offence under Section 201 IPC vide sessions trial No. 216 of 1991/T.R. No. 24 of 1991. It appears however that Cr. Appeal No. 183 of 1997 (R) has been preferred by four appellants namely, Behru Munda, Fulari Munda, Thakur Munda and Hari Nath Munda @ Hari Nath Singh Munda, white memorandum of appeal of Cr. Appeal No. 15...
Ashok Ram Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Dec-18-2006
Reported in: [2007(2)JCR234(Jhr)]
1. The sole appellant Ashok Ram was put on trial to face charge under Section 302 of the Indian Penal Code on the allegation that he intentionally and knowingly caused death of Vijay Singh. The trial court, on findings the appellant guilty of the charge convicted under Section 302 of the Indian Pena Code and sentenced him to undergo life imprisonment.2. The case of the prosecution is that the informant's Co-villagers, namely, Ashok Ram (Appellant), Sudesh Yadav (P.W.1), Krishna Ram (P.W.2), Muneshwar Mahto (P.W.3), Ajay Bhuian (P.W.4) had grown sugarcane over the land of the informant which had matured for extracting sugarcane juice and, therefore, on 24.12.1996 all the persons named above and also informant's brother Vijay Singh (the deceased) were busy in preparing 'Kolsar' (the place where sugarcane juice is to be extracted). At about 4 P.M. some verbal altercation look place in between the appellant and Vijay Singh. In that course the appellant gave a blow on the head of Vijay Sing...
Anand Kishore Shah and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-13-2006
Reported in: [2007(2)JCR328(Jhr)]
ORDERN.N. Tiwari, J.1. By the Court.-In this writ application the petitioners have prayed for quashing the part of the letter contained in Memo No. 1441 dated 8.9.2003 (Annexure-9) issued under the signature of the Civil Surgeon-cum-Chief Medical Officer, Pakur whereby the petitioners' salary along with several other persons were kept in abeyance and also for quashing the orders contained in Memo Nos. 221, 259, 261 dated 6.8.2004 and 11.8.2004 (Annexures-12-14) issued under the signature of Incharge Medical Officer by which it has been communicated that the petitioners have been removed from their services and no work will be taken from them. The petitioners have further prayed for their reinstatement in the service with consequential benefits. The petitioners have also prayed for a direction to the respondents to pay the arrears of salary from July 2003 till date and also pay the arrears of salary to the petitioner No. 1 for the period from February 1999 to December 1999 and January t...
State of Jharkhand Through Its Secretary Social Welfare Department and ...
Court: Jharkhand
Decided on: Dec-13-2006
Reported in: [2007(1)JCR402(Jhr)]
ORDER1. We have heard Mr. Kundan Kumar Ambastha. learned Counsel for the petitioners and also Mr. Shailesh learned Counsel appearing for the respondent-petitioner as Amicus curiae.2. On going through the impugned order passed by learned single judge, it is clear that the petitioner is entitled to the pay scale of Rs. 7,500 - 12,500/- with effect from the date the Blind School was upgraded into Middle School and also entitled to the pay scale of Rs. 6,500 - 10,500/- with effect from 1.4.1997. Without considering the similarity with reference to the deaf and dumb and the blind, resolution has been passed discriminating the school of deaf and dumb in Patna and the school of blind at Ranchi. This discrimination has to be held as irrational and contrary to Articles 14 and 16 of the Constitution of India as rightly pointed out by the learned single Judge. Therefore, we do not find any ground to hold that the learned single Judge is wrong. Hence, the order of learned single Judge is confirmed...
Smt. Shanti Devi Vs. Sri Md. Farppque Azam
Court: Jharkhand
Decided on: Dec-12-2006
Reported in: [2007(3)JCR116(Jhr)]
ORDERM.Y. Eqbal, J.1. This application at the instance of the defendant petitioner under Article 227 of the Constitution of India is directed against the under dated 12.2.2004 passed by Munsif-I, Dhanbad in Title (Eviction) Suit No. 7/01 whereby he has decided the preliminary issue on an application filed by the petitioner under Order 14 Rule 2(2) of the Code of Civil Procedure and held that suit is maintainable under the provision of Bihar Buildings (Lease, Ren and Eviction) Control Act, 1982.2. The case of the defendant-petitioner is that plaintiff filed the aforementioned suit for eviction under Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (in short the Act) for eviction of the petitioner from the suit property consisting of two rooms and verandah along with land being portion of Municipal Holding No. 496 measuring an area of two kathas 'situated at Katras Road, Dhanbad. Petitioner's case is that the lease deed by which the suit premises was leased out shows that the...
Smt. Raj Rani Devi @ Raj Rani Vs. Rajesh Kumar
Court: Jharkhand
Decided on: Dec-12-2006
Reported in: 2007(1)BLJR804; [2007(2)JCR106(Jhr)]
ORDERM.Y. Eqbal, J.1. In this application purported to have been filed under Section 151 of the Code of Civil Procedure, the petitioner has prayed for recall of the order dated 18.5.2004 passed in F.A. No. 85 of 2000 and to allow her to pursue the appeal.2. The facts of the case lie in a narrow compass:The O.P. - Rajesh Kumar filed a matrimonial suit being M.T.S. No. 4 of 1990 in the Court of the District Judge, Hazaribagh against the appellant for dissolution of marriage and for a decree of divorce. The suit was filed by the respondent on the ground of cruelty and desertion. The suit was decreed by the Additional District Judge, Hazaribagh in terms of judgment dated 7th June, 2000. The petitioner-wife being aggrieved by the said judgment and decree preferred appeal before this Court being F.A. No. 85 of 2000. The appeal was admitted on 10.1.2001 and notices were issued fixing 22.2.2001 for hearing.3. It appears that on 13.5.2004 an application was filed by the petitioner-appellant sta...
Satyanath Hasda and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-12-2006
Reported in: [2007(3)JCR174(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ application, the petitioner have prayed for direction on the respondents to give them pay scale of Rs. 1640-2900, which was granted to them, but later on by Order No. 1387, dated 1.9.1999 issued by the District Superintendent of Education, East Singhbhum, Jamshedpur, the same was withdrawn.2. It has been stated that the petitioners were given the said scale after due consideration and before withdrawing the said scale, neither any notice was issued nor any opportunity of hearing was afforded to them. Similarly situated persons, who were aggrieved by the said order of withdrawal, have preferred writ application being CWJC No. 3635 of 1999 (R), wherein the said order was interfered with. The matter was remitted to the concerned authority and the petitioners of that writ petition are getting their dues scale. It has been stated that the petitioners made several requests as also filed representation before the concerned authority, but no order h...
Dr. Md. Tauheed Vs. Vice Chancellor, Vinoba Bhawe University Through I ...
Court: Jharkhand
Decided on: Dec-12-2006
Reported in: [2007(3)JCR534(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ application, the petitioner has prayed for a direction on the respondents to make payment of revised pay scale as per the recommendation of the University Grant Commission (in short 'UGC'), which has been implemented by the University.2. It has been stated that the petitioner was appointed as Lecturer in Markum College of Commerce, Hazaribagh. He has been paid his salary, but not in the appropriate scale as per the recommendation of the UGC, for which the State Government had already principally agreed. It has been submitted that other similarly situated Lecturers working in different colleges, including the petitioner's College, are getting their salary on the revised pay scale, as recommended by the UGC. The petitioner made several requests and also filed representation before the University authorities, but till date no order has been passed.3. Learned Counsel appearing on behalf of the University-Respondent submitted that the petitioner'...
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