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Jharkhand Court June 2006 Judgments

Jun 30 2006

Nagendra Sah Vs. the Bihar State Co-operative Land Development Bank Si ...

Court: Jharkhand

Decided on: Jun-30-2006

Reported in: [2006(3)JCR400(Jhr)]

R.K. Merathia, J1. Petitioner has challenged the order-dated 4.12.1997 ( Annexure-10), by which he has been dismissed from service.2. When he was posted as Branch Manager of the Bank at Lohardaga, a show cause notice and then a charge-sheet was issued to him for violating the rules and instructions of the Bank and committing irregularities, in disbursing loan. He was given opportunity of personal hearing and for adducing evidence, by office order dated 16.5.1997 (Annexure-3). He filed his written explanation (Annexure-4). He did not lead any evidence. The Inquiry officer found him guilty of negligence in realization of Bank loan. However, he did not find him guilty of the second charge-i.e. obstructing disbursement of loan during 1996-97. Petitioner protested to the said finding recorded against him by the Inquiry Officer. Ultimately, he was dismissed from service by the impugned order dated 4.12.1997 (Annexure-10) after considering his reply to the second show cause.3. Mr. Saurav Arun...

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Jun 30 2006

Gopal Mahato Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Jun-30-2006

Reported in: 2007CriLJ464; [2006(4)JCR100a(Jhr)]

D.P. Singh, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 19.2.2001 passed in Sessions Trial No. 14 of 1995, whereby and whereunder the learned 1st Additional Sessions Judge, Seraikella held the appellant guilty under Sections 376/511 IPC and convicted and sentenced him to undergo RI for five years.2. The brief facts leading to this appeal are that in the forenoon of 13.3.1993 the informant Sabita Kumari, PW 2, has gone to collect forest woods along with PW 1 Basanti, situated near Chirugora, P.S. Ichagarh, District West Singhbhum and when she was cutting woods from the trees the appellant Gopal came there and objected why she was cutting woods from the forest. It is further stated that he further slapped her and thereafter tried to carry her towards a ditch. PW 1 tried to resist the appellant and rescue the informant but failed/Thereafter PW 1 went towards the Block buildings. In the meantime appellant forcibly threw the informant on the g...

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Jun 30 2006

Ashok Kumar Chokhani Vs. the State of Bihar and ors.

Court: Jharkhand

Decided on: Jun-30-2006

Reported in: [2006(4)JCR563(Jhr)]

R.K. Merathia, J.1. Petitioner has prayed for quashing the order dated 18.5.1993 passed by the Deputy Commissioner, Sahibganj in H.R.C.R. Case No. 5 of 1992-93 (Annexure 10) and the revisional order dated 30.12.1994 passed by the Commissioner, Santhal Pargana Division at Dumka in H.R.C. Revision No. 6 of 1993-94 (Annexure 11) confirming the said order.2. According to the petitioner, Inspector General of Prison and the other Jail authorities had taken the building and the land on rent from the grand father and father of the petitioner in the year 1945 on a monthly rent Rs. 300/- and Rs. 22.50 Paise per month as Latrine Tax, for the purpose of running Sub-Jail at Sahibganj. The petitioner filed an application on 11.6.1990 before the Sub-Divisional Officer-cum-House Rent Controller, Sahibganj for enhancement of rent which was registered as H.R. Case No. 10 of 1990. After hearing the parties and considering the reports and other relevant materials, the House Rent Controller by order dated ...

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Jun 29 2006

Pyare Mohan Prasad Vs. the Regional Labour Commissioner (C) and ors.

Court: Jharkhand

Decided on: Jun-29-2006

Reported in: 2007(1)BLJR158; [2006(111)FLR1138]; [2006(4)JCR251(Jhr)]

Permod Kohli, J.1. Petitioner was working as Personnel Manager under the respondent-B.C.C.L,. While in service he was served with a charge-sheet and later dismissed from service on 2.5.1993. The order of dismissal came to he challenged before the Patna High Court, Ranchi Bench. Writ petition filed was allowed and the dismissal order set aside vide judgment of the Court dated 26.5.1995. In a Special Leave Petition filed before the Hon'ble Supreme Court of India, the case was remanded back to High Court. In the meanwhile, petitioner retired from service on 31.7.1995. The disciplinary proceedings were initiated against the petitioner pursuant to the order passed by the Court dated 14.3.1997 after remand. Disciplinary proceedings resulted in his exoneration vide order passed on 23.3.1998. Petitioner was paid an amount of Rs. 1,00,000/- as gratuity on 7.8.1998 without statutory interest. He made an application before the controlling authority who after hearing the parties passed an order da...

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Jun 28 2006

Koyala Ispat Mazdoor Panchayat Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Jun-28-2006

Reported in: [2006(4)JCR638(Jhr)]

ORDERS.J. Mukhopadhaya, A.C.J.1.It appears that an election of Koyla Ispat Mazdoor Panchayat (hereinafter to be referred as 'Union') was held on 9th November. 2003. The intervener Unit Prasad Singh, claiming himself to be the Secretary of the Union, moved before the Court in W.P. (1) No. 687 of 2005 for implementation of the order dated 29th November. 2003. issued by the Deputy Registrar, Trade Union, Government of Jharkhand, Ranchi. After fresh election, one Sri Arjun Singh and Unit Prasad Singh both claimed to be the elected Member of the Union. One W.P. (1) No. 3324 of 2005 was preferred by the Union through Arjun Singh in this regard. However, the Court refused to give any finding in one or other way, as the parties should have moved before the appropriate forum for redressal of their grievances.2. After the said order, it appears that the parties moved before the Labour Commissioner-cum-Registrar, Trade Union, Jharkhnad, Ranchi, who by the impugned order No. 2008, dated 12th Novem...

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Jun 28 2006

Rajeshwar Singh Vs. Dashrath Rai

Court: Jharkhand

Decided on: Jun-28-2006

Reported in: AIR2007Jhar45

ORDERNarendra Nath Tiwari, J.1. In this civil revision, petitioner has challenged the legality of the impugned order passed by learned 1st Additional District Judge, Bokaro in Misc. Appeal No. 101 of 1993 whereby the Lower Appellate Court has held that the appeal filed before him is not maintainable and on that ground has dismissed the said appeal. The said appeal was preferred against the order dated 11-10-1993 passed by the Sub Judge, Chas In Misc. Case No. 13 of 1993 whereby the suit was sought to be restored under Order IX Rule 9 of the Code of Civil Procedure.2. Petitioner's case is that he had filed Title Suit No. 134 of 1987 praying a decree for declaration that the sale deed No. 6773 dated 23-7-1986 was null and void and also for a decree for permanent, injunction restraining the defendant from interfering with his right, title and possession. The said suit was dismissed for default on 23-4-1993, The petitioner filed petition for restoration of the Title Suit No. 134 of 1987 be...

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Jun 26 2006

Ashoke Choudhary and ors. Vs. the State of Bihar (Now Jharkhand)

Court: Jharkhand

Decided on: Jun-26-2006

Reported in: 2006CriLJ4520

R.K. Merathia, J.1. All these three analogous appeals arise out of the common judgment of conviction dated 1.6.2000 and order of sentence dated 8.6.2000 passed by Shri Kumar Ganesh Dutt, 2nd Additional Sessions Judge, Palamau, Daltonganj in Sessions Trial No. 399 of 1997 were heard together and are being disposed of by this common judgment.2. Dharmendra. Gosai, Ashoke Choudhary, Chandan Choudhary and Krishna Kahar alias Krishna Ram have been convicted for the offences punishable under Section 307/149 of the Indian Penal Code for attempting murder of the informant (P.W.4) and also under Section 302/149 of the Indian Penal Code for committing murder of the husband of P.W. 4 and also under Sections 452 and 120B of the Indian Penal Code. Chandan Choudhary has further been convicted under Section 302 of the Indian Penal Code. Lal Muni Gosai has been convicted with the aid of Section 120B of the Indian Penal Code. They have been awarded imprisonment for life and imprisonment for lesser perio...

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Jun 26 2006

Hopna Manjhi @ Bijay Da Vs. the State of Bihar (Now Jharkhand)

Court: Jharkhand

Decided on: Jun-26-2006

Reported in: 2007CriLJ1056

Amareshwar Sahay, J.1. The sole appellant has preferred this appeal against the judgment dated 14th July 2000 passed by the 5th Additional Sessions Judge, Dhanbad in Sessions Trial No. 475 of 1996/ 69 of 1996, whereby and whereunder the learned Additional Sessions Judge, Dhanbad convicted the appellant for committing the offence under Section 396 of the Indian Penal Code and sentenced him to undergo R.I. for life.2. The appellant was charged for committing the dacoity in Police Camp and in commission of such dacoity, committed the murder of Constable Tejpal Oraon on 21st January 1995 at police camp situated at Gaya Pool within Katras (Rajganj) Police Station in the District of Dhanbad.3. In short the prosecution case is that for controlling the crime a Police Camp was established at Gaya Pool. On 21/01/1995 at about 5.15 p.m. when the informant Birendra Prasad Yadav was on sentry duty there, Constable Tejpal Oraon was present inside the camp. Hawaldar Ram Naresh Sharma had gone to answ...

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Jun 23 2006

Jawaharlal Sharma Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Jun-23-2006

Reported in: AIR2006Jhar135; [2006(3)JCR525(Jhr)]

ORDERS.J. Mukhopadhaya, J.1. As all these four writ petitions relate to constitution of Municipal Corporation at Jamshedpur and in three of them the notification inviting objection for constitution of such Municipal Corporation at Jamshedpur is under challenge and common question of law being involved, they were heard together and are being disposed of by this common judgment.2. Out of these four analogous writ petitions, two, namely, W.P.(PIL) No. 4388 of 2003 and W.P.(PIL) No. 364 of 2006 have been preferred as public interest litigation. In W.P.(PIL) No. 4388 of 2003 prayer has been made to direct the State to replace Jamshedpur Notified Area Committee by duly elected Municipal Body (Corporation) in accordance with the provisions, contained in Part-IX A of the Constitution of India.In W.P.(PIL) No. 364 of 2006 prayer has been made to declare the Notification dated 6th December, 2005 as illegal and unconstitutional and to command the respondents to declare Jamshedpur Township as an '...

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Jun 23 2006

Chandra Kant and ors. Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Jun-23-2006

Reported in: [2006(3)JCR364(Jhr)]

S.J. Mukhopadhaya, A.C.J.1. This writ petition has been preferred by the petitioners against the advertisement No. 01 Secretariat Animal Husbandry/2004-05, published in the newspaper for appointment to the post of Laboratory Technician (Frozen Semen), so far as essential eligibility clause is concerned, whereby and where under, while one year's experience In Frozen Semen work has been prescribed, it has been mentioned that such experience, except from Government Institution will not be accepted as none of the private Institutions has been approved by the Animal Husbandry Department.2. The only question requires for determination is whether the Secretary, Animal Husbandry and Fisheries Department, Government of Jharkhand has jurisdiction to prescribe such condition, if the guidelines issued by the State do not prohibit experience from any other Institution. 3. For determination of the issue, it is necessary to look into certain facts, including the orders passed by the Supreme Court.Sin...

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