Jharkhand Court April 2006 Judgments
Babloo Kumar Vs. State of Jharkhand,
Court: Jharkhand
Decided on: Apr-28-2006
Reported in: [2006(3)JCR144(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. The prayer of the petitioner in this writ application is for quashing of the First Information Report and the entire criminal proceeding in connection with Topchanchi P.S. Case No. 183/2003, which was registered under Sections 419, 420, 467, 468, 471 and 120B of the Indian Penal Code.4. In the aforesaid first information report, it was alleged that on 29/08/2003, the informant along with other police officials got a secret information that from Muraidih Colliery, coal was being loaded in the name of non-existent factory for being sold in the black market. On this information the Truck bearing No. BR 17 A- 5321 was intercepted and was stopped by the informant; On being asked, the Driver of the truck disclosed that the Coal on the truck was loaded from Muraidih Colliery and was being taken to Dehri Mandi. On being asked to produce the papers, the driver produced the papers before the informant from which it appeared to him that the Chalan ...
Tag this Judgment!Chandrakant Choudhary Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-28-2006
Reported in: [2006(3)JCR483(Jhr)]
R.K. Merathia, J.1. This writ petition has been filed for quashing the order contained in Memo No. 113, dated 5.7.1999 (Annexure 12) passed by the Superintendent of Police, Bihar Military Police Training Institute, Padma, Hazaribagh dismissing the petitioner from service in a departmental proceeding initiated against him for overstaying leave by 120 days also the order dated 8.6.2000 (Annexure 13) passed by respondent No. 6 (Deputy Inspector General of Police, Training-cum-Principal, Police Training College, Hazaribagh) in appeal by which the appellate authority confirmed the said order.2. The case against the petitioner in short is that he was granted leave for a week from 29.4.1998. He was to report for duty on 7.5.1998. Several registered letters were sent to him but inspite of that, he did not report for duty. On 4.9.1998 he reported and took a plea that he was suffering from jaundice, but the medical papers were not satisfactory and he did not comply with the rules in this regard ...
Tag this Judgment!YasimIn Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-27-2006
Reported in: [2006(4)JCR592(Jhr)]
M.Y. Eqbal, J.1. In this case, the employee while working as Chowkidar at Punasi Spelway Division, Deoghar, died in harness leaving behind his two legally married wives and children. The second legally married wife applied for compassionate appointment and when the application was not considered, the widow moved this Court in W.P. (S) No. 3209 of 2003. This Court disposed of the writ petition on 13.2.2004 directing the Compassionate Committee headed by the Deputy Commissioner, Deoghar to take decision in the light of the order passed by this Court. The order dated 13.2.2004 reads as under: Heard learned Counsel appearing for the parties. The matter relates to compassionate appointment. The Petitioner is second wife of the deceased Ali Hasan who died during service period on 6.2.1995. Petitioner made application for compassionate appointment. The matter was enquired and it was reported that petitioner is legal married wife of the deceased. In 1997 the Deputy Commissioner, Deoghar asked ...
Tag this Judgment!Kailash Pati Pathak Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-27-2006
Reported in: [2006(3)JCR156(Jhr)]
ORDERM.Y. Eqbal, J.1. The petitioner is working as Senior Assistant in the office of Area Manager, Bihar/Jharkhand Rajya Sahakari Bhumi Vikas Bank Samittee, Dumka. He attained the age of 58 years on 31.1.2006 and superannuated from service. He has prayed for quashing the resolution taken by the respondent-Bank whereby the respondents have refused to enhance the age of superannuation from 58 years to 60 years.2. Petitioner's case is that the respondent-Bank is guided by Bihar/Jharkhand Service Code for all purposes including salary, leave, superannuation and other retiral benefits etc. but even then the authorities of the Bank have taken decision not to enhance the age of superannuation. It is further stated that the resolution taken by the Government dated 26.10.2004 is applicable to the employees of the Bank also and, therefore, their age of superannuation is bound to be enhanced from 58 years to 60 years.3. The case of the respondent-Bank is that the bank is functioning on the basis ...
Tag this Judgment!Trilochan Singh and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-27-2006
Reported in: [2006(3)JCR279(Jhr)]
D.K. Sinha, J.1. The petitioners have preferred this petition under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding in Lower Bazar Police Station Case No. 136 of 2004, corresponding to G.R. No. 2219 of 2004, pending in the court of Sri D.K. Mishra, Judicial Magistrate, Ranchi including the order impugned dated 2.9.2004 whereby and whereunder Chief Judicial Magistrate, Ranchi has taken cognizance of the offence under Section 406/34 of the Indian Penal Code against them.2. The prosecution story, in brief, is that the informant Ashiwini Kumar Malhotra had presented a written report before the Lower Bazar Police Station stating, inter alia, that on 23.7.2004 he had entered into 'Malhotra Dresses' at 8 P.M. situated at Roshpa Tower to purchase cloth and after said purchase, returned back to his home leaving his Mobile inadvertently on the counter of Malhotra Dresses. On recalling such missing after some times, he immediately went to Malhotra Dresses...
Tag this Judgment!Bharat Coking Coal Ltd. and ors. Vs. Krishnapada Kumbhkar
Court: Jharkhand
Decided on: Apr-26-2006
Reported in: [2006(3)JCR177(Jhr)]
M.Y. Eqbal, J. 1. This application has been filed at the instance of M/s Bharat Coking Coal Ltd., wherein prayer has been made for modification of order dated 17.5.2005 passed in WPS No. 2645 of 2005 on the ground that on the basis of forged and fabricated document, the writ petitioner obtained the aforesaid order. 2. The writ petitioner namely, Krishnapada Kumbhkar filed WPS No. 2645/2005 for issuance of a writ of certiorari for quashing the show cause notice dated 16.3.2005/1.4.2005 and also for declaration that the respondents have no authority or jurisdiction to withdraw the employment of the petitioner. A true copy of the said notice was annexed as Annexure-7 to the writ application. The said notice was alleged to have been addressed to the petitioner wherein it was stated that the petitioner got employment on the ground that his land was acquired but subsequently it was found that such contention was erroneous and the petitioner got employment by fraudulent means. 3. This Court a...
Tag this Judgment!Balo Mahto and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-26-2006
Reported in: 2007CriLJ659
1. Balo Mahato, Daso Mahato and Khari Mahtwain, who are the appellants in the above appeal, were arrayed as A3, A1 and A2, in that order, before, the Addl. Sessions Judge II, Deoghar. They were charged and tried under Sections 304-B and 201, I.P.C with the aid of Section 34, I.P.C. The allegation against the appellants, who, in the judgment, will be referred as A1 to A3 in the same order as they were arrayed before the Sessions Judge, is that they, in furtherance of the common intention of each other and sharing the common intention of Chandrika Devi and Biranchi Mahton, who were arrayed as A4 and A5, subjected Murli Devi to cruelty, as a result of which she died otherwise than under normal circumstances and later threw the dead body at a crematorium ground in order to screen the offence. Learned Trial Judge, while acquitting Chandrika Devi and Biranchi Mahto of the charges, found the appellants guilty and sentenced each of them to imprisonment for life under section 304-B read with se...
Tag this Judgment!Sheo Temple and Idol Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-26-2006
Reported in: [2007(1)JCR330(Jhr)]
ORDERNerendra Nath Tiwari, J.1. In this writ application, the petitioner has prayed for quashing the order dated 17.12.2005 passed by the learned Munsif, Lohardaga in Title Suit No. 20 of 2001, whereby the learned Court below has refused to allow the amendment, sought for by the plaintiff-petitioner on the ground that the proposed amendment will change the nature and character of the suit and that the defendant will be prejudiced, as the trial has already been commenced and evidences of the witnesses have been closed.2. Learned Counsel for the petitioner submitted that the amendment sought for intended to correct the clerical errors and they are formal in nature. The plaintiff has not sought for any amendment for replacing any new relief against the defendant, neither any new case has been pleaded to the surprise of the defendant. Learned Counsel submitted that without any application of mind, learned Court below has mechanically observed that the proposed amendment will change the nat...
Tag this Judgment!Nandi Devi Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-25-2006
Reported in: [2006(3)JCR265(Jhr)]
1. The appellant, Nandi Devi, was tried for an offence of murder on the allegation that she committed the murder of her husband Etwa Tuti on 3.4.1994 in the village Bera within the police jurisdiction of Bandu. The Trial Judge, accepting the prosecution case, found the appellant guilty and sentenced her to imprisonment for life. She was also sentenced to imprisonment for three years under Section 201 I.P.C. The present appeal is against the said conviction and sentence. 2. P.W.2 Joel Tuti is the cousin of the deceased Etwa Tuti and the appellant is the wife of the deceased. About ten years prior to the incident, the deceased Etwa Tuti went to Assam to earn his livelihood and met Nandi Devi, a girl from the village Tilma in the district of Ranchi. He married her and later both of them returned to village where they were living together. They had no issues, on account of which there were quarrels between the appellant and the deceased. 3. On 6.4.1994 Jhagru Tuti, finding some foul smell ...
Tag this Judgment!Smt. Bindu Mandal and ors. Vs. Aparup Chattopadhaya and New India Insu ...
Court: Jharkhand
Decided on: Apr-25-2006
Reported in: III(2006)ACC521; 2007ACJ274; [2006(3)JCR183(Jhr)]
ORDER1. These two appeals, one by the claimants and the another by the Insurance Company arose out of a common judgment dated 1st August, 2003 passed in compensation case No. 46/2001. The claimants- appellants have filed M.A. No. 63/2004 for enhancement of compensation whereas the Insurance Company has filed M.A. No. 21/2004 challenging the quantum of compensation awarded by the tribunal. In other words, Insurance company's appeal is for reducing the compensation amount awarded by the tribunal. 2. M.A. 63/2004 was heard on 21.4.2006 and this Court tried to get the dispute in both the appeals settled through Lok Adalat. Learned Counsel appearing for the parties were also of the view that a settlement with regard to quantum of compensation should be arrived at so that the amount may be paid to the claimants in the Lok Adalat. In order to comply the requirements of Section 89 of the Code of Civil Procedure these two appeals have been taken up together for hearing. But today the appellant-...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- Next ›
- Last »