Jharkhand Court February 2006 Judgments
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Anil Kumar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-16-2006
Reported in: [2006(2)JCR399(Jhr)]
ORDER1. The appellant applied for the post of Assistant in pursuance of an advertisement published on 30th September, 2004. It was informed that as per the advertisement, written test in two subjects, namely, General Hindi and General Knowledge of 100 marks each was to be conducted. In pursuance of the said advertisement, the petitioner and the Intervenor-respondents applied and appeared in the written test but at the time of written test, they found that instead of 100 marks, only 75 full marks was allowed for General Knowledge and 25 marks for General Hindi. They challenged the result published on the basis of the such marks, which was rejected by the learned single Judge.2. The case was taken up on 31st January, 2006 when after hearing the parties, the following order was passed:Heard further.So far as merit of the case is concerned, having noticed the rival submissions made by the counsel for the parties and suggestions as made by some of them, the respondents are directed to file ...
Dhebey Ghatwar Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Feb-15-2006
Reported in: [2006(2)JCR115(Jhr)]
ORDER1. Since Mr. Ram Priya Saran Singh who had been appointed as amicus curiae by the Patna High Court is not present in Court when the appeal is called out for hearing, we appoint Mr. Rajan Raj as amicus curiae to assist the Court.2. The appellant, Dheby Ghatwar, on being tried under Section 302, IPC was sentenced to imprisonment for life by the trial Court and hence this appeal.3. Jasi Kisku is the mother of deceased Talamayee Tudu. The deceased, Talamayee Tudu and Boila Tudu, the informant were residing in village Durgapur. The deceased developed relationship with the appellant and they used to move freely with each other. Nobody raised any objection for the deceased moving with the appellant as it is the custom in their community if they fall in love with each other. On 29.5.1985 the deceased accompanied by PW 4 Chhami Kisku, PW 6 Fulmani Hansda and PW 8 Buddin Marandi, were returning to the village after completing their job in the field. When they were near village Gosiapur on t...
Prem Lal Mandal and anr. Vs. State of Bihar
Court: Jharkhand
Decided on: Feb-15-2006
Reported in: [2006(2)JCR117(Jhr)]
ORDER1. Appellants Prem Lal Mandal and Dhola Mandal were arrayed as A-1 and A-3 before the Sessions Court along with Bhuneshwar Mandal who was acquitted by the trial Court in Sessions No. 79 of 1988/6 of 1989. The appellants on being found guilty under Section 302/34, IPC, were convicted and sentenced to rigorous imprisonment for life, which is challenged in this appeal.2. The case of the prosecution can be 'briefly summarized as follows.3. PW 2 Babulal Mandal is the father of the deceased Anil Mandal. PW 3, aged about 7 years at the relevant period, is the sister of the deceased. Two months prior to the date of the incident, a dispute had arisen regarding irrigation of the field between PW 2 and Dhola Mandal, the 2nd appellant and at that time Dhola Mandal had threatened PW 2 that his son will be killed. This is stated to be the motive for the occurrence. On 4.3.1988 at about 3.00 p.m. PW 2 Babulal Mandal went to sell potato at market. PW 3 Rinku Kumari and the deceased were asked to ...
Jagdish Prasad Vs. Smt. Deoki Devi
Court: Jharkhand
Decided on: Feb-15-2006
Reported in: [2006(2)JCR210(Jhr)]
ORDERNarendra Nath Tiwari, J.1. This appeal by the tenant-defend ant has been preferred against the judgment and decree of reversal passed by the Additional District Judge-I, Chaibasa in the Eviction Appeal No. 4 of 2000.2. The plaintiff-respondent filed the suit in the Court of Munsif, Chaibasa for eviction of the defendant from the suit premises on the ground of personal necessity and default in payment of rent. The defendant appellant appeared and contested the suit contending, inter alia, that there is no relationship of landlord and tenant between the parties and that he has not defaulted in payment of rent. The defendant also denied the plaintiffs claim of personal necessity.3. It was further pleaded that the plaintiff claimed ownership of the suit premises on the basis of his alleged purchase of the premises in the month of June 1995. No notice of transfer of ownership by the ex-landlady was served on the defendant and as usual, he had sent the rent for the month of June 1995 an...
indu Kuer @ Indu Kunwar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-15-2006
Reported in: [2006(2)JCR208(Jhr)]
ORDER1. The petition at Flag-L (LA. No. 2932 of 2005) has been filed on behalf of the appellant for condoling the delay of 7 (seven) days in preferring the appeal.2. Having heard the counsel for the parties and being satisfied with the grounds shown therein, the delay of 7 (seven) days in preferring the appeal is condoned.I.A. No. 2932 of 2005 stands disposed of.L.P.A. No. 685 of 20053. The writ petition preferred by the appellant for family pension having been rejected, this appeal has been preferred by her.4. It appears that the husband of the appellant, Late Damodar Tiwari, was in the services of the State. He was appointed as Teacher vide Memo No. 264 dated 27th February, 1962 in Lower Primary School, Kodag, Latehar. He was transferred from one school to another. He was deputed in Teachers' Training School, Rehla, where he remained upto 25th May, 1965. He was later on transferred to Lower Primary School, Badakala vide Memo No. 30 dated 11th January, 1968 and died in harness on 17th...
Kedar Nath Prasad Vs. State of Jharkhand Through the Principal Secreta ...
Court: Jharkhand
Decided on: Feb-14-2006
Reported in: [2006(2)JCR267(Jhr)]
1. The appellant preferred the writ petition for a direction on the respondents to provide him the benefits of first and second financial upgradation in pursuance of Assured Career Progression Scheme (hereinafter referred to as ACP Scheme). Learned Single Judge, having noticed that the appellant was allowed first time bound promotion in the year 1981 and second time bound promotion in the year 1992, refused to grant such relief.2. It is not in dispute that the erstwhile State, of Bihar, through its Finance Department, while accepted the recommendation of the Pay Revision Committee, vide resolution No. 10770 dated 31st December, 1981, made provisions for time bound promotion. It was ordered to grant next higher scale on completion of 10th year of service (first time bound promotion), if an employee is otherwise eligible but not given promotion for want of vacancy. It was also ordered to grant second next higher scale of pay (second time bound promotion) on completion of 25th year of ser...
Employers in Relation to the Management of Mohuda Area No. Ii of B.C.C ...
Court: Jharkhand
Decided on: Feb-14-2006
Reported in: [2006(109)FLR1124]; [2006(2)JCR212(Jhr)]
ORDER1. In the matter of dispute relating to date of birth, the Government of India, Ministry of Labour, in exercise of power conferred under Section 10(1)(d) of Industrial Disputes Act, 1947, referred the following dispute to the Tribunal:Whether the action of the General Manager. Mohuda Area No. II of M/s. BCCL, P.O. Mohuda, District Dhanbad in refusing to accept the date of birth of Sh. Dalsinger Kahar, Miner/Loader as in the records of Amlabad colliery (Place of initial appointment) is justified If not, to what relief is the concerned workman entitled to?2. After hearing the parties and on appreciation of evidence, the Tribunal answered the reference in negative, against the management. The date of birth of workman, as available in the original record i.e. Ist July, 1948, was accepted as the correct date of birth.3. Learned Counsel for the appellant-management relied on the age of workman, as assessed by the Medical Board subsequently, to suggest that the said age assessed should p...
Onkar Prasad Gupta Vs. State of Bihar
Court: Jharkhand
Decided on: Feb-14-2006
Reported in: 2006CriLJ2509
302343022. The facts are as follows:3. The deceased Nirupa Devi was given in marriage to the appellant Onkar Prasad Gupta, about five years prior to the date of the incident. After marriage, the appellant and the deceased Nirupa were living as tenant in the house of PW2. the landlord of the said house. The deceased did not conceive and there used to be quarrels between the deceased and the appellant on account of that. This is said to be the motive for the unfortunate incident which took place at about 8.00 p.m. on 25th April 1986.4. On 25th April, 1986, at about 8.00 p.m. PW1 was returning to her house after her work. When she was nearing the house of the deceased and the appellant, she heard an alarm emitting from the house of the deceased. She peeped through the window, saw the fire and raised alarm. She pushed the door, but it was found locked from inside. She saw the appellant coming out of the house and thereafter fleeing away. On hearing the cries of PW1, the land lord PW2, and ...
Matal Kisku Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Feb-13-2006
Reported in: 2006CriLJ2517
1. The accused appeals.2. The appellant Matal Kisku was tried before the Sessions Judge, Dumka for the offences punishable under Section 302 and 323 of the Indian Penal Code, on the allegation that he caused death of the deceased Karu Kisku at 1.00 a.m. in the night of 28/29.11.1986 and that during the course of the same transaction he caused injuries to Zoba Murmu(PW-S) wife of the deceased Karu Kisku.3. The learned Trial Judge, while finding the appellant guilty and sentencing him to imprisonment for life under Section 302 of the Indian Penal Code, directed him to suffer imprisonment for a period of six months under Section 323 of the Indian Penal Code, with a further direction that both the sentences will run concurrently. The present appeal is against the said conviction and sentence.4. The facts are as follows:The deceased Karu Kisku and PW-6, Zoba Murmu , were residing at Kalidaspur village within the jurisdiction of Pakur Police Station. The appellant is the brother of the decea...
Malti MandalaIn @ Rasia @ Urmial Devi and Nawal Kishore Mandal @ Guruw ...
Court: Jharkhand
Decided on: Feb-13-2006
Reported in: [2006(2)JCR24(Jhr)]
1. Cr. Appeal No. 254 of 1989 is by Nawal Kishore Mandal @ Guruwar Mandal and Cr Appeal No. 252 of 1989 is by Malti Mandalain @ Rasia @ Urmila Devi, The above two appellants were arrayed as A-1 and A-2 before the Sessions Judge, Dumka. They were charged and convicted under Section 302 read with Section 34, IPC for which each of them was sentenced to imprisonment for life. The above two appeals have therefore, been filed by the aforesaid appellants challenging their conviction and sentence.2. The above two appeals are being disposed of by the following common judgment as they arise out of one Sessions Case.3. The facts necessary to dispose of these appeals can be summarized as follows :The deceased, Maya Kumari Mandalain is the daughter of PW 6 Shyamlal Mandal and sister of PW 5 Nimichand Mandal. The deceased was given in marriage to appellant Nawal Kishore Mandal (in Cr. Appeal No. 254/89} and, thereafter, both of them were living happily. The case of the prosecution is that the appell...
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