Jharkhand Court June 2006 Judgments
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Chandan, Nakul and Taruba Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jun-13-2006
Reported in: 2007CriLJ1062
R.R. Prasad, J.1. All the three appellants though were charged under Sections 376/34 of the Indian Penal Code, the trial court found them guilty under Sections 376/511 of the Indian Penal Code and sentenced each of them to undergo R.I. for 4 years.2. The case of the prosecution as has been given in the fardbeyan (Ext. 2 ) by Kiran Kumari ( P.W.3) is that eight days before the occurrence while she was going to the house of her maternal uncle in the evening all the three appellants met her in the village and teased her, but at that time no case was lodged as prestige of her family was involved. Further case is that on 25.2.1994 at about 7 P.M. while she was going towards the river to answer call of the nature and came near the bamboo tree, all the appellants came and caught hold of her and kissed her and they also molested her and when she started crying villagers assembled then the accused persons fled away.3. Kiran Kumari (P.W.3) on 26.2.94 at about 8.30 A.M. gave fardbyean upon which ...
Ramu Mandal, Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jun-13-2006
Reported in: 2006CriLJ4515
R.R. Prasad, J.1. By Court- All the three appellants were put on trial for charges under Sections 376(G)/120B on the allegation that all the three accuses persons committed mass rape upon the prosecutrix, Surti Devi (P.W.4). The learned Judge having found the appellants guilty convicted each of them under Section 376(G)/120B of the Indian Penal Code and sentenced each of them to undergo R.I. for 10 years.2. The case of the prosecution is that the informant, Surti Devi (P.W.4) on 12.6.1998 came to see her husband to Dumka, who had been lodged at Dumka Jail and as the night broke out she came to Dumka Bus Stand and sat at the passengers shed where at about 11 P.M. the appellant, Ramu Mandal came and asked her to come to hotel for taking rice. Upon which she came to hotel and while she was cleaning utensil the appellant, Ramu Mandal came and took her inside the hotel and committed rape on her. Thereafter two other friends of Ramu Mandal also committed rape on her.3. According to the prose...
Shambhu Raut Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jun-13-2006
Reported in: [2007(2)JCR113(Jhr)]
ORDERR.R. Prasad, J.1. The appellant, Shambhu Raut was put on trial along with Pagla Mushar and Ashok Sah for the charges under Sections 395 and 412, IPC. The trial Court while acquitting Pagla Mushar and Ashok Sah, found the appellant alone guilty under Section 412, IPC and sentenced him to undergo R.I. for seven years and also to pay a fine of Rs. 2,000/- and in default of fine the convict was ordered to undergo R.I. for a further period of three months.2. The case of the prosecution is that on 31.7.1990 at about 8 p.m. when the informant, Rajkumar Singhania (PW 4) returned home and knocked the door of his house, two unknown persons having covered their faces opened the door and attempted to pull the informant inside the house, but the informant succeeded in fleeing away from there and the dacoits, took out Rs. 12,000/- kept in a bag from the scooter. After sometime, the dacoits came out of the house with the articles looted from the house. The informant as well as his son, Dhananjay...
National Insurance Co. Ltd. Vs. Shakti Transport Agency and ors.
Court: Jharkhand
Decided on: Jun-13-2006
Reported in: [2008(3)JCR626(Jhr)]
ORDER1. This appeal is directed against the judgment and award dated 30.3.2006 passed by Motor Accident Claims Tribunal, Dhanbad in Title (M.V.) Suit No. 84 of 2004 whereby he has awarded compensation for death of the deceased in a motor vehicle accident.2. It appears that while the deceased was coming from his village Golhobar on a motorcycle and when the motorcycle reached Gaytri Colony, Kathara Bazar near Aashnapani more, one dumper bearing registration No. BR-20G-0662 being driven rashly and negligently dashed the motorcycle as a result of which the deceased came under the wheel of the dumper and consequently he died on the spot.3. Defence was taken by the Insurance Company that the driver of dumper was holding licence of light motor vehicle and, therefore, Insurance Company has no liability. The tribunal framed the specific, issue i.e. Issue No. IV as to whether driver of the dumper has a valid driving licence at the time of accident. The said issue was discussed and finding was r...
Dilip Bhagat, Vs. Arun Kumar Modi
Court: Jharkhand
Decided on: Jun-12-2006
Reported in: [2007(1)JCR342(Jhr)]
Narendra Nath Tiwari, J.1. This is the defendants' second appeal against the judgment of affirmance passed by learned District Judge, Dumka in Title (Eviction) Appeal No. 4 of 1994 dismissing the appeal and upholding the judgment and decree of eviction passed in Eviction Suit No. 20 of 1980.2. The plaintiff had filed the said suit seeking decree for eviction/ejectment of the defendants from the suit premises and recovery of arrears of rent. The plaintiffs case is that Plot No. 947 measuring an area of 1 bigha 9 kathas and 13 dhur is Basouri land and the plaintiff is the landlord of the same. The suit premises was let out to the defendants on a monthly rent of Rs. 25/- on 06.02.1962. The defendants have been carrying business of motor repair etc. in the suit premises. The defendants defaulted in payment of rent for the period from February 1968 to August, 1968. Notice under Section 106 of the T.P. Act was served in the month of September 1969 terminating his tenancy and calling upon him...
Johalmann and Company Vs. Employees State Insurance Corporation and or ...
Court: Jharkhand
Decided on: Jun-06-2006
Reported in: [2006(4)JCR386(Jhr)]
Permod Kohli, J.1. Petitioner is a proprietorship firm and an ancillary unit engaged with the manufacturing of sheet metal etc. Petitioner was served with a notice of demand dated 02nd of July, 1997 in respect to employer's contribution towards the employees State Insurance Fund for the period September, 1984 to May, 1994. It is mentioned that petitioner is liable to pay an amount of Rs. 43,534-76 out of which Rs. 4,210-15 has been paid and the balance amount of Rs. 39,325/- was demanded. On receipt of this demand, petitioner deposited the said amount of Rs. 39,325/- on 5th of July, 1997. In the meanwhile the account of the petitioner had been attached to enforce the demand. Petitioner was served with another order dated 15th of June, 1999 asking him to pay an amount of Rs. 39,816/- on account of interest payable under Section 39(5)(a) of the E.S.I. Act from January, 1988 to July, 1997 and an amount of Rs. 44,623/- on account of damages under Section 85(B) of the E.S.I. Act for the sai...
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