Jharkhand Court March 2006 Judgments
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Bharat Pandey and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Mar-28-2006
Reported in: [2006(3)JCR111(Jhr)]
ORDERD.K. Sinha, J.1. The petitioners have preferred the petition under Section 482 of the Code of Criminal Procedure with a prayer to set aside part of the order impugned dated 26.2.2006, passed by the Judicial Magistrate in T.R. Case No. 1059 of 2006, presently pending in the Court of Sri Manish Kumar, Judicial Magistrate, 1st Class, Bermo at Tenughat whereby and whereunder the petitioner filed on behalf of the petitioners under Section 205(1) of the Code of Criminal Procedure for dispensation of their personal appearance was rejected arising out of Gomia P.S. No. 20 of 2002.2. The brief fact of the case in that on 14.2.2002, the Sub- Divisional Officer, Bermo at Tenguhat examined the Kathara Coal Washery and found that good coals were being sold with rejected one treating it as the rejected coal and by the order of the Deputy Commissioner the sale was stopped. An enquiry was made, but in the meantime, the Sub-Divisional Officer gathered that the evidence of such mixture of good as w...
Ganesh Roy Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Mar-28-2006
Reported in: 2006CriLJ4198; [2006(2)JCR437(Jhr)]
D.K. Sinha, J.1. The petitioner has preferred this petition under Section 482, Cr PC for quashing of the order impugned dated 15.12.2004 passed by the Sessions Judge, Jamshedpur in Cr. Revision No. 107/04 arising out of Cl Case No. 1152/2000 pending In the Court of Special Judge, Economic Offence, Jamshedpur whereby and whereunder the petition of the petitioner under Section 311, Cr PC for further cross-examination of PW 1 Sharda Nand was rejected by the trial Court as well as the Revisional Court aforesaid.2. The brief fact of the case is that a complaint was filed by the Opposite Party No. 2 for the eviction of the petitioner on his termination of service from the Company w.e.f. 4.9.1993 for committing offence under Section 630 of the Companies Act in the Court of Special Judge, Economic Of fence at Jamshedpur for the eviction of the quarter which was allotted to the petitioner on 6.10.1989 for the efficient performance of duties and convenience. But after termination of the petition...
Sujata Pictures Palace Vs. Bihar State Electricity Board and ors.
Court: Jharkhand
Decided on: Mar-28-2006
Reported in: AIR2006Jhar123
ORDERR.K. Merathia, J.1. Heard the parties on merits as per the last order.2. The dispute is regarding the electricity charges, during the period of the closure of business of petitioner.3. Mr. Mittal submitted that the Cinema Hall was closed on 15-7-1995, as per the order of District Cinema Magistrate. On 12-12-1995, the line was disconnected. Petitioner got it restored on 28.8.1996. He submitted that petitioner is not liable to pay the electricity charges for the said period of closure of Cinema Hall as the petitioner has not used electricity during the said period. He submitted that, in any event, on the date of disconnection of electricity, petitioner ceased to be a consumer. He also submitted that calculation of the demand was wrong as admitted by the respondents in paragraph 11 of the counter affidavit.4. Mr. Mukesh Kumar, appearing for the Board, submitted that the petitioner is bound to pay the minimum monthly consumption charges, (MMC for short) and the fixed charges; the line...
Md. Khalif and ors. Vs. H.H. Rahman and ors.
Court: Jharkhand
Decided on: Mar-28-2006
Reported in: AIR2006Jhar133
Narendra Nath Tiwari, J.1. This appeal has been preferred by the defendants/appellants against the judgment and decree of affirmance passed by learned District Judge, Hazaribagh in T.A. No. 39 of 1970 dismissing the appellants' appeal and confirming and upholding the judgment and decree of Additional Munsif, Hazaribagh in T.S. No. 8 of 1965. The plaintiffs filed the suit in representative capacity praying relief, inter alia, for declaration that the entire Muslim community have acquired indefeasible right to use the open land in South and East of the mosque and the defendants have no right to curtail their right by making a construction over the southern portion, as shown in red colour and for mandatory injunction commanding upon the defendants to remove the construction and restore the land to its original position. The case of the plaintiff is that the suit land was recorded in Cadestral Survey Khewat No. 4 of Village Chapar, Thana Hazaribagh, District Hazaribagh in the name of Madar...
Chitta Oraon, Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-27-2006
Reported in: [2006(2)JCR362(Jhr)]
1. The appellants, three in number, were arrayed as A-1, A-2 and A-3. In the judgment, they will be referred to as A-1, A-2 and A-3, for the sake of convenience.2. The deceased, Bhondua Oraon, had come to the village Anandih to take his two sisters, PWs-2 and 3 from their in-laws house to his home. They were not in the house. The deceased waited for them. As they did not come, the deceased became impatient. He left the house in search of his sisters, who had gone to a pond to take bath. On the way, the appellants were seen sitting and taking drinks. They asked the deceased to stop. The deceased did not care to stop and proceeded. The accused appellant Nos. 1 to 3 thereafter inflicted injuries on the deceased with Farsa. The deceased fell down there. PW-8, Bharat Oraon, who was at the spot at that time, saw the occurrence. PW-8 thereafter left the village to meet his father. In the meantime, PW-7, Jagarnath Sao, Dalpati of Padampur village Paqnchayat, was informed by Village Mukhiya tha...
Employers in Relation to the Management of Salanpur Colliery of Area N ...
Court: Jharkhand
Decided on: Mar-27-2006
Reported in: [2006(3)JCR95(Jhr)]
R.K. Merathia, J.1. Petitioner has challenged the order dated 10.2.1990 passed by the Central Government Industrial Tribunal No. I, Dhanbad (respondent No. 1) by which the preliminary issue was decided against the management to the effect that the domestic enquiry was not fair and proper and the award dated 14.2.1997 passed by the tribunal in Reference No. 85 of 1988 was against the management and in favour of the workman.2. Kara Bhuiya, the workman, was charged for abusing and assaulting the Assistant Colliery Manager of the Colliery. He was charge-sheeted. The domestic enquiry was held. He was found guilty. Ultimately he was dismissed from service on 17.8.1985. The tribunal held that the charge-sheet and the enquiry report having not been furnished to the workman, the punishment was bad. It ordered for his reinstatement with 50% full back wages from the date of reinstatement (?).3. Mr. Anoop Kumar Mehta, learned Counsel for the petitioner submitted that the award is perverse so far a...
Gora Tudu @ Gungra Tudu and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-27-2006
Reported in: [2006(2)JCR441(Jhr)]
1. The appellants were arrayed as A-4, A-3, A-2, A-6 and A-5 along with Chihak Hembrom, who was arrayed asA-1, in Session.s Case No. 142/1983. In this appeal, the appellants will be referred in the same order as they were arrayed before the Sessions Judge and the acquitted accused, Chihak Hembrom. will be referred asA-1 for the sake of convenience.2. The trial Judge, while acquitting A-1, Chihak Hembrom, of all the charges, convicted the appellants alone. A-4 and A-3 were found guilty under Section 148, IPC and A-2, A-5 and A-6 were found guilty under Section 147, IPC A-4 was also found guilty under Section 324, IPC for causing injury to PW 1. The trial Judge found A-4, A-6 and A-3 guilty under Section 323, IPC for causing injury to PW 2. The trial Judge, while acquitting others under Section 302 read with Section 149, IPC, found A-4 Gora Tudu guilty under Section 302, IPC, for which he was sentenced to imprisonment for life. The trial. Judge imposed sentence of two years under Section...
Prajanya Kumar Rath and anr. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Mar-24-2006
Reported in: [2006(2)JCR431(Jhr)]
D.K. Sinha, J.1. The main contention of the petitioners is that by the order impugned dated 14.11.2005 passed by the Chief Judicial Magistrate, Saraikela in a petition filed by the Investigating Officer of Saraikela Police Station Case No. 82 of 2004, his prayer for issuance of arrest warrant against the petitioners and two others was allowed and accordingly, it was directed by the said order to issue arrest warrant against them.2. From perusal of the fact of the case, it appears that payment of Rs. 6,00,000/- was made by 25 cheques of the denomination of Rs. 24,000/- each on 19.6.2004 and 6.7.2004 of Sarba Sikhsha Abhiyan, Saraikela-Kharsawan from Saraikela Branch of State Bank of India before the fraud could be detected on 25.9.2004 by the officials of the said Sarba Sikhshan Abhiyan. It was alleged that the said amount was obtained fraudulently by putting forged signatures of the informant Sanjay Kumar and the Special Officer, The First Information Report was lodged and the police a...
Rama Rawani and ors. Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-24-2006
Reported in: [2006(2)JCR367(Jhr)]
1. The appellants in Cr. Appeal No. 524 of 1990 were arrayed as A-3, A-4 and A-5 and the appellant in Cr. Appeal No. 26 of 1991 were arrayed as A-1 and A-2 in Sessions Case No. 51 of 1989/ 14 of 1990 before the Additional Sessions Judge, Deoghar. They were tried Under Section 341/34 of the Indian Penal Code as well as Under Section 302/34 of the Indian Penal Code, on the allegation that they after trespassing into the Cane Crushing Unit of the deceased, caused injuries to Saroj Rawani (deceased) by assaulting him with knife, as a result of which the said Saroj Rawani died at Government hospital, Deoghar, where he was removed after the incident.2. The trial judge, while finding the appellants guilty, as charged, sentenced each one of them to imprisonment for life Under Section 302/34 of the Indian Penal Code. but did not impose any separate sentence against them Under Section 341/34 of the Indian Penal Code. Against the said judgment of conviction and order of sentence, the appellants h...
Ramesh Sharma Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Mar-24-2006
Reported in: [2006(2)JCR447(Jhr)]
D.K. Sinha, J.1. The petitioner, Ramesh Sharma has preferred this petition under Section 482 of the Code of Criminal Procedure for quashing of the charge sheet arising out of Sindri P.S. Case No. 13 of 2005 corresponding to G.R. Case No. 623 of 2005 as well as the order dated 27.7.2005 passed by the Chief Judicial Magistrate, Dhanbad whereby and whereunder cognizance of the offence has been taken under Section 376/511, 120B of the Indian Penal Code, presently pending in the court of Sri Sanjay Kumar Singh, Judicial Magistrate, Dhanbad.2. Briefly stated the allegation against the petitioner was that he called for the informant Mahua Dey through one Binod Babu in his school on pretension of certain urgent work. When Mahua Dey visited the premises of Lion's Public School, Sindri with her sister Popi, the petitioner, who is the Principal of said school took Mahua Dey to his Chamber and attempted to commit rape on her whereas complainant's sister Popi was asked to stay outside. On the resis...
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