Jharkhand Court June 2006 Judgments
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YasimIn Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-19-2006
Reported in: [2007(1)JCR350(Jhr)]
M.Y. Eqbal, J.1. Heard the learned Counsel for the parties.2. Reference may be made to the order dated 27.4.2006 which reads as under: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...
Gullu Mirchandani and anr. Vs. the State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-19-2006
Reported in: III(2007)BC605
R.R. Prasad, J. 1. Heard learned Counsel appearing for the petitioners, learned Counsel appearing for the State and learned Counsel appearing for the opposite party No. 2.2. This application has been filed under Section 482 Cr.P.C. for quashing the entire criminal proceeding of Jugsalai P.S. Case No. 184 of 2003 (G.R. No. 1779 of 2003) pending in the Court of Chief Judidciat Magistrate, Jamshedpur, East Singhbhum, lodged against the petitioners under Sections 467/468/471/420/406 of the Indian Penal Code.3. The facts of the case giving rise to this application are that the complainant/opposite party No. 2 lodged a complaint case before the Chief Judicial Magistrate, Jamshedpur, which was sent to concerned police station under Section 156(3) Cr.P.C. for institution and investigation. Upon which the case was instituted, it has been stated by the complainant/informant that Mire. Electronic Company, who was arrayed as accused No. 1, is the Company incorporated under the Companies Act and is...
Narayan Gope and Vs. Smt. Dulari Devi
Court: Jharkhand
Decided on: Jun-19-2006
Reported in: 2007(1)BLJR243; [2007(1)JCR171(Jhr)]
Narendra Nath Tiwari, J.1. This second appeal is against the judgment and decree of affirmance passed by the Additional District Judge, Fast Track Court No. I in Title Appeal No. 26 of 1998 dismissing the appeal and upholding the judgment and decree of learned Munsif, Hazaribagh in Title Suit No. 122 of 1991.2. The respondent-plaintiff had filed Title Suit seeking a decree for declaration of his title and confirmation of possession and alternatively for recovery of possession over the lands described in Schedule 'A' of the plaint. The plaintiff has also prayed for permanent injunction restraining the defendants from interfering with the peaceful possession of the plaintiff. The plaintiffs case is that Plot No. 1116 of Village Khirgaon, measuring an area of 18 decimals belongs to the recorded tenants of Khata No. 100 who had partitioned the said land amongst themselves. The father of the defendants had purchased an area of 4 1/2 decimals out of 18 decimals of said plot No. 1116. Thereaf...
Shankar Rajwar and anr. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jun-19-2006
Reported in: II(2006)DMC834; [2006(4)JCR136(Jhr)]
D.P. Singh, J.1. Both the appellants have preferred this appeal against the judgment dated 11.1.2001 and order of sentence dated 12.1.2001 passed by Shri Ramsenhi Thakur, 2nd Additional Sessions Judge, Bermo at Tenughat in Sessions Trial No. 256 of 1997 whereby and whereunder both the appellants have been convicted under Sections 306 and 498 of the Indian Penal Code and appellant No. 1 has been sentenced to eight years rigorous imprisonment under Section 306 of the Indian Penal Code and two years rigorous imprisonment under Section 498A of the Indian Penal Code and appellant No. 2 Malti Devi has been sentenced five years rigorous imprisonment under Section 306 of the Indian Penal Code and two years rigorous imprisonment under Section 498A of the Indian Penal Code both the sentences to run concurrently.2. The factual grounds in nutshell are as follows-The appellant No. 1 Shankar Rajwar was married with Bilaso Devi, sister of the informant but got no issue. It is further asserted that la...
Rashtriya Colliery Mazdoor Sangh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-19-2006
Reported in: [2006(4)JCR637(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J1. This writ petition has been preferred by the petitioner Rastriya Colliery Mazdoor Sangh (Bhelatand Colliery Branch) against the order, contained in Memo Nos. 274 and 275 both dated 23rd February, 2006, issued by the Labour Com-missioner-cum-Registrar, Trade Union. Jharkhand. Ranchi. whereby and whereunder, Tata Bhelatand Colliery and Tata Sijua Colliery, being the wings of the Sangh, the President, Rastriya Colliery Mazdoor Sangh. Dhanbad, was asked to hold election of the Union under the supervision of Deputy Labour Commissioner (Kri. Shra.). Ranchi, on the ground that the Labour Commissioner-cum-Registrar. Trade Union. Jharkhand, Ranchi, had no jurisdiction to issue such direction for holding election of Trade Union nor he should have asked the Deputy Labour Commissioner to supervise any such election.2. On 13th June, 2006 counsel for the State informed that by letter No. 452. dated 23rd March, 2006 the Labour Corn-missioner-cum-Registrar, Trade Union....
Smt. Karolina Ekka and ors. Vs. the State of Bihar and ors.
Court: Jharkhand
Decided on: Jun-19-2006
Reported in: [2007(2)JCR176(Jhr)]
Permod Kohli, J.1. Petitioners named, herein, have called in question the validity and propriety of the order dated-25th of January, 1999 passed in S.A.R. Revision No. 136 of 1987 by the Commissioner, South Chhotanagpur Division, Ranchi in exercise of his Revisional power under Section 217 of the Chhotanagpur Tenancy Act, 1908, hereinafter referred to as the 'Act' whereby order of the appellate authority dated-19th of January, 1987 has been set aside and possession restored to respondents.2. Briefly stated facts leading to the filing of the present petition are that Martin Ekka and Bandan Ekka, the two petitioners approached the Special Officer having power to initiate proceedings under Section 71-A of the Chhotanagpur Tenancy Act, 1908 with an application for restoration of the possession of land bearing Khata No. 51 Plot Nos. 634 and 635, measuring an area of 87 decimals and 1.00 acre respectively of village Tikratoli, P.S. Ratu, District Ranchi on the ground that the transfer of the...
J. Senthil Kumar and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-16-2006
Reported in: 2006CriLJ4524
R.R. Prasad, J.1. This application under Sections 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing the order dated 14.6.2004 passed by Sri A.K. Pandey, Judicial Magistrate, Ranchi in Complaint Case No. 228 of 2004 whereby cognizance of the offence under Sections 384 and 420 of the Indian Penal Code was taken against the petitioners.2. Before coming to the case of the petitioners the facts giving rise this application need to be taken notice of which are as follows.3. The complainant Abhishek Kumar Mishra lodged a case against the petitioners stating therein that when he came to know that International Maritime Academy, Chennal, which shall be referred to hereinafter as 'IMA' has invited applications on website for selection of the candidate for the post of Dock Cadet required to undergo training by the IMA, after completion of the course for a prosperous career in Merchant Navy, he having found himself eligible for the post of Dock Cadet sent draft o...
Bhanu Pratap Singh and anr. Vs. the State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-16-2006
Reported in: [2006(4)JCR298(Jhr)]
R.R. Prasad, J. 1. This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding of B.F. Case No. 45 of 2003 lodged against the petitioners under Sections 33, 41 and 42 of the Indian Forest Act read with Section 2, 3(A) and 3(B) for contravention of the provisions of the Indian Forest Act and also the Forest (Conservation) Act, 1980 and also for quashing the order dated 15.10.2003 . passed by Chief Judicial Magistrate, Dhanbad whereunder cognizance of the offences as alleged was taken against the petitioners.2. Before coming to the submission advanced on behalf of the petitioners in support of their case prosecution case as disclosed in the prosecution report needs to be stated herein.3. Or 26.8.2003 during the routine inspection forest guard noticed that the petitioners by deployment of huge work force extracted and mined out coal about 900 MT from the Ghanudih protected forest area. Thereupon the opposite parly No. 2 filed a prosecution report....
Indian Oxygen Limited Vs. the State of Bihar (Through the Deputy Commi ...
Court: Jharkhand
Decided on: Jun-16-2006
Reported in: [2006(3)JCR369(Jhr)]
Permod Kohli, J.1. Petitioner is a limited company incorporated under the Indian Companies Act. Petitioner has called in question the order dated 2th February, 1993 passed by Deputy Commissioner-cum-Competent Authority, constituted under the provisions of the Urban Land (Ceiling & Regulation) Act, 1976 and the order dated 6th of October, 1998, passed by the Commissioner, South Chottanagpur Division, Ranchi, being the appellate authority under the aforesaid Act. Briefly stated, the facts leading to fling of the present writ petition is that the Company holds landed property in the form of vacant land and buildings in various States, including Maharashtra and the erstwhile State of Bihar. The Urban Land (Ceiling & Regulation) Act, 197ft hereinafter referred to as 'Act' came to be passed to regulak the urban lands and impose ceiling on the holding of vacam land. This Act came into force in the State of Bihar on 1st of April, 1976. Section 4 of the Act prescribes the upper limit of the vac...
Bhanu Pratap Singh and anr. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-16-2006
Reported in: [2006(4)JCR133(Jhr)]
ORDERR.R. Prasad, J.1. This application under Section 482, CrPC has been filed for quashing the entire criminal proceeding of B.F. Case No. 47 of 2003 lodged against the petitioners under Sections 33, 41 and 42 of the Indian Forest Act read with Section 2, 3(A) and 3(B) for contravention of the provisions of the Indian Forest Act and also the Forest (Conservation) Act, 1980 and also for quashing the order dated 15.10.2003 passed by Chief Judicial Magistrate, Dhanbad whereunder cognizance of the offences as alleged was taken against the petitioners.2. Before coming to the submission advanced on behalf of the petitioners in support of their case prosecution case as disclosed in the prosecution report needs to be stated herein.On 28.8.2003 during the routine inspection forest guard noticed that the petitioners by deployment of huge work force extracted and mined out coal about 700 MT from the Ghanudih protected forest area. Thereupon the opposite party No. 2 filed a prosecution report. Up...
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