Jharkhand Court May 2006 Judgments
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Ram Lochan Mishra and ors. Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: May-17-2006
Reported in: [2007(1)JCR317(Jhr)]
R.K. Merathia, J.I.A. No. 1418 of 20041. This Interlocutory application has been filed for amending the writ petition. Petitioners want to challenge the Press Notice dated 22.1.1996, whereby it was notified that due to paucity of fund, the Project. Work was not in a position to proceed and therefore the daily wages employee were advised to receive the arrears and compensation legally payable to them under the provisions of 25A of the I. D Act.The amendment, sought for, is allowed by amending the prayer portion, as prayed.I.A. No. 1418 of 2004 is allowed.C.W. J. No. 2352 of 19951. Petitioners have filed this writ petition for their absorption/regularization on class III and IV posts.2. Admittedly, petitioners filed a writ petition for the self same relief being CAV.JC No. 4865 of 1988 (R), which was dismissed as withdrawn on 25.8.1988 by passing the following order.After some argument, learned Counsel for the petitioners seeks permission to withdraw this application to pursue internal r...
Bargi Munda and anr. and Karia Pahan Vs. State of Bihar (Now Jharkhand ...
Court: Jharkhand
Decided on: May-17-2006
Reported in: [2006(3)JCR252(Jhr)]
1. Criminal Appeal No. 146 of 2000 is by Bargi Munda and Munga Munda, who were arrayed as A-2 and A-3 and Cr. Appeal No. 176 of 2000 is by Karia Pahan, who was arrayed as A-1 in Sessions Trial No. 451 of 1998 on the file of 2nd Additional Judicial Commissioner, Khunti, Ranchi. They were tried under Sections 302/34 and 201 of the Indian Penal Code, on the allegation that they murdered the deceased Sagar Munda, by joining with other accused and later with a view to screen the offence took the body of the deceased, where he was attacked, and left it near Kanchi river in village Kota. The trial Judge finding the appellants guilty, as charged, sentenced each one of them to imprisonment for life and also sentenced each one of them to three years rigorous imprisonment under Section 201 of the Indian Penal Code. The above appeals are against the said conviction and sentence.2. In this judgment, the appellant in Cr. Appeal No. 176 of 2000 and the appellants in Cr. Appeal No. 146 of 2000 will be...
Employers in Relation to the Management of Kuju Area of C.C. Ltd. Vs. ...
Court: Jharkhand
Decided on: May-17-2006
Reported in: [2006(3)JCR514(Jhr)]
R.K. Merathia, J.1. Petitioner-Management has prayed for quashing the award dated 7.8.1997 passed by the Central Government Industrial Tribunal No. 1, Dhanbad (respondent No. 1) in Reference No. 183 of 1989, directing regularisation of 125 persons/concerned workmen in Category I with effect from 1.10.1998 with 40% of full back wages and other benefits.2. The following dispute was referred for adjudication vide reference letter dated 24.11.1989:Whether the action of the management of Kuju Area of C.C. Ltd. P.O. Kuju, Dist. Hazaribagh by not making payment of wages and other benefits (including regularisation) as per NCWA III to S/Shri Raghunandan Mahto and 124 other workmen as mentioned In Annxure is legal and justified? If not, to what relief the concerned workmen are entitled.3. Admittedly the concerned workmen were engaged for supplying drinking water in the residence of the employees and in the offices of the management on piece rate basis, due to water scarcity in absence of adequa...
Shrawan Bishwakarma Vs. the State of Bihar
Court: Jharkhand
Decided on: May-17-2006
Reported in: I(2007)DMC782
Amareshwar Sahay, J.1. The present appellant Shrawan Bishwakarma along with two other accused namely Budhan Vishwakarma and Neera Devi were tried together for the charge under Section 304-B/34 of the Indian Penal Code. The 2nd Additional Sessions Judge, Palamau by his Judgment of conviction and order of sentence dated 31.03.1998 and 01.04.1998 respectively in Sessions Trial No. 387 of 1993 convicted the appellant for the offence under Section 304-B of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of ten years. So far the other two co-accused Budhan Vishwakarma and Neera Devi is concerned, they were acquitted from the charges by the Trial Court. Against the said Judgment of conviction and order of. sentence, the appellant has preferred the present appeal.2. The case relates to unnatural death of Saraswati Devi @ Bimla Devi on 15.04.1993 in the house of the appellant, i.e. the husband of the deceased. The informant Kameshwar Vishwakarma (P.W.-2) lo...
Shri Anand Mahindra, Ramesh Ramanathan, Managing Director and R. Radha ...
Court: Jharkhand
Decided on: May-17-2006
Reported in: 2006CriLJ4204
D.K. Sinha, J.1. The Cr.M.P. Nos. 1163 of 2005, 1402 of 2005 and 1403 of 2005 am being disposed of by the common order arising out of common cause of action in relation to Complaint Case No. 73 of 2005 pending in the Court of C.J.M. Hazaribagh for common relief for quashing the cognizance order impugned dated 16.3.2005 passed by the C.J.M. and of the entire criminal proceeding in Complaint Case No. 73/052. Briefly stated, the Opposite Party No. 2 Shri Dileep Sonthalia filed the Complaint Case No. 73/05 on 19.1.05 as against as many as 9 accused persons including the petitioners alleging inter alia that pursuant to the advertisement published in 'Times of India' dated 9.2.03 the Opposite Party No. 2 paid the membership cost of Rs. 15,100/- as down payment and 24 E.M.I. of Rs. 6,857/- by cheques to the total amount of Rs. 1,79,668/- with interest for 25 years membership of Club Mahindra Holidays to enjoy benefit as a member of the Club/ Mahindra Holidays The complainant requested to book...
Ashok Rai Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-17-2006
Reported in: [2007(1)JCR173(Jhr)]
Amareshwar Sahay, J.1. The appellant has filed this appeal against the judgment dated 5.9.1999 passed by the 3rd Additional Sessions Judge, Deoghar in Sessions Case No. 90 of 1997 whereby and whereunder the learned trial Court convicted the appellant for the offence under Section 324, IPC and sentenced him to undergo R.I. for a period of 2 months and also to pay a fine of Rs. 1000/- in default to undergo R.I. for a further period of 2 months.The learned trial Court however, ac-quitted the appellant for the charge under Sections 307, 326, 341 and 504 of the Indian Penal Code.2. In short the prosecution case is that on 7.10.1996 at about 9 a.m. when the informant was irrigating his paddy field, the appellant came near him carrying spade in his hand and told him that fertilizer was flowing from his field and, therefore, he is not permitted to take water through his field and the appellant asked the informant to stop the irrigation. The informant did not listen to his request, due to which...
Rameshwar Sao Vs. Bhuneshwar Ram
Court: Jharkhand
Decided on: May-17-2006
Reported in: [2007(1)JCR348(Jhr)]
ORDERN.N. Tiwari, J.1. The tenant-defendant is the appellant and has preferred this Second Appeal against the judgment and decree dated 26.7.2005 passed by learned Additional District and Sessions Judge, Fast Track Court-VI, Hazaribagh in Title Appeal No. 1 of 1999 setting aside the judgment and decree passed by 1st Additional Munsif, Hazaribagh, in Eviction Suit No. 17 of 1992.2. The case of the plaintiff is that the defendant was inducted as the tenant in the premises being Holding No. 24, Ward No. 3 of Hazaribagh municipality, corresponding to Survey Plot No. 488, Chaparbandi Holding No. 141 of Village Nura, PS Sadar, District Hazaribagh on the monthly rent of Rs. 100/- per month. The plaintiff claimed to have acquired the suit property by virtue of a lease granted by Khas Mahal authority and constructed the house. According to the plaintiff, the defendant paid rent to the plaintiff up to May 1987 and thereafter defaulted in payment of rent, inspite of repeated request, for more tha...
Tulsi Yadav Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-16-2006
Reported in: 2007CriLJ466; [2006(4)JCR157(Jhr)]
Amareshwar Sahay, J.1. The appellant has filed the present appeal against the judgment dated 15-9-99 passed by the 6th Additional Sessions Judge, Dumka in Sessions Case No. 463 of 1992 whereby and where under the appellant was convicted for the offence under Section 376 IPC and was sentenced to undergo rigorous imprisonment for a period of seven years.2. Initially the prosecutrix Usha Devi lodged a complaint in the court of Additional Chief Judicial Magistrate, Jamtara against the present appellant alleging therein that the appellant Tulsi Yadav was her next door neighbour. The complainant Usha Devi was a married minor girl aged about 13-14 years. Her Gouna was not performed at that time and she was living with her parents. Tulsi Yadav the appellant who had a criminal background and was an accused of serious offences like dacoity and murder was a widower. He in the month of Paush in the year 1990, when her father had gone out for milking cows of other persons, her mother had gone to Ha...
Employers in Relation to the Management of Khas Kusunda Colliery of B. ...
Court: Jharkhand
Decided on: May-16-2006
Reported in: [2006(3)JCR516(Jhr)]
R.K. Merathia, J.1. Petitioner-Management has challenged the award dated 5.6.1997 passed by the Central Government Industrial Tribunal No. 1, Dhanbad in Reference No. 96 of 1993 directing the management to take the concerned thirty one workmen into its regular employment and to pay 25 per cent of full back wages with effect from 1.11.1992.2. The following dispute was referred for adjudication:Whether the demand of National Coal Workers Congress for employment with full back wages of Shri Jamir Ansari and 30 others is justified? If so, to what relief the workmen are entitled3. The case of the Union (respondent No. 2) is that the concerned workmen worked till the end of 1976 but, all on a sudden, they were stopped from working in the beginning of 1977 on the ground that they were imposter; that thereafter on their representation, the Assistant Personnel Manager by letter dated 20.5.1997 (Ext. W-1) recommended to allow them to resume their duty etc., but as nothing was done, a dispute was...
Kistu Prasad Deo Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-16-2006
Reported in: [2006(3)JCR452(Jhr)]
ORDERPermod Kohli, J.1. Heard.2. Petitioner's father Late Mahadeo Prasad Deo was working as Assistant Teacher in a Secondary School, Lakhauria and died in harness on 24.12.1978. The petitioner as also his mother applied for compassionate appointment some where in the year 1986. The petitioner was engaged as a Peon on 1.2.1986. The respondents sought for no objection from the side of the petitioner's mother and pursuant to that, the mother of the petitioner filed an application before the District Superintendent of Education, Deoghar conveying no objection for appointment of his son. Later on the Principal of the School made an application before the District Education Officer, Deoghar on 26.7.1986 for approval of the appointment of the petitioner. Pursuant to the letter made by the Principal of the School, District Education Officer, Deoghar vide his letter dated 31.7.1986 accorded the approval for the appointment of the petitioner as Peon. The matter was referred to the District Estab...
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