Jharkhand Court July 2006 Judgments
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Mostt. Archana Devi @ Channa Devi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-06-2006
Reported in: [2006(4)JCR474(Jhr)]
ORDERPermod Kohli, J.1. Petitioner is widow of Late Jayant Kumar Mandal, who was serving as a Headmaster, Primary School, Gilanari, Anchai Mirzachoki, District Sahibganj and died in harness on 27th September. 1998. It is admitted case of the parties that the deceased employee had three legal heirs, namely, the petitioner as widow; respondent No. 6, daughter from first marriage and another daughter, namely, Daya Kumari from petitioner (second wife). None of the legal heirs have received retiral benefits of the deceased-employee including family pension.2. Respondent No. 6 has failed a title suit in the Court of Sub-Judge-1, Sahibganj which came to be registered as Title Suit No. 12 of 2000, claiming her share of the retiral benefits as also compassionate appointment. The suit is still pending. In the present petition also, petitioner, widow of the deceased-employee is claiming her right to compassionate appointment to the exclusion of respondent No. 6 and share of the retiral benefits.3...
Kamal Kishore Prasad Vs. Bihar State Electricity Board and ors.
Court: Jharkhand
Decided on: Jul-06-2006
Reported in: [2006(4)JCR585(Jhr)]
ORDERPermod Kohli, J.1. Petitioner retired from service of the respondent-Board on 30.11.1993. Petitioner has filed this petition seeking direction for payment of reliral benefits like pension, gratuity and part of the G.P.F. duty pay for the period 1984 to 1988 along with statutory interest and fixation of enhanced pay as per the Wage Board Agreement. Petitioner also asked for quashment of the order dated 5.5.1999. In so far the quashment of order dated 5.5.1999 is concerned, by virtue of this order, direction was issued for disconnection of water and electricity of those employees who are holding quarters of the Board unauthorized. It is stated on behalf of the petitioner that quarter has since been vacated, the prayer for quashment of the order becomes redundant. In so far the payment of retiral benefits are concerned, petitioner is getting 90% pension and part of the G.P.F. has also been paid as per the statement made in the counter-affidavit of the Board. Petitioner in the rejoind...
Jeetlal Mahato @ Jeetu Mahato and ors. Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-05-2006
Reported in: 2007CriLJ672
Amareshwar Sahay, J.1. All the above-mentioned three criminal appeals arise out of the same impugned judgment dated 26/07/2005 passed by the Additional Sessions Judge, Fast Track Court No. -III, Bokaro in Sessions Trial No. 154 of 1985 and, therefore, they were taken up and heard together and are being disposed of by this common judgment.2. All these appellants alongwith one another Ganga Narayan Mahto (since acquitted) were put on trial for the charges under Sections 148, 307, 302, 109/149 of the Indian Penal Code and Section 27 of the Arms Act. By the impugned judgment the appellant Lal Mohan Mahato and Haripada Mahato of Cr. Appeal No. 1039 of 2005 were convicted for the offence under Sections 148, 302/149 and 307/149 IPC and they were sentenced to Undergo R.I. for a period of two years for the offence under Section 148 IPC and R.I. for life and fine of Rs. 10,000/- each for the offence under Section 302/149 IPC and R.I. for eight years for the offence under Section 307/149 IPC and ...
Parsu Ram Hessa, Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-05-2006
Reported in: 2007CriLJ1063
D.P. Singh, J.1. All these appeals, arise common judgment and order, are directed against the judgment of conviction and order of sentence dated 16.2.2001 passed in Sessions Trial No. 72 of 2000, whereby and whereunder the learned 3rd Additional Sessions Judge, Chaibasa held the all the appellants guilty under Sections 366A and 376 IPC and convicted and sentenced them to undergo RI for ten years.2. The brief facts leading to their conviction are that in the forenoon of 23.4.1999 Manju Sinku, daughter of the informant Bika Sinku, PW 5, left her house situated in Mauja Katepara, P.S. Jagannathpur, district West Singhbhum along with two minor relatives Tushu Mai and Lobga Mai for Karanjia Bazar and when they did not return in the evening, the informant thought that they might have stayed with their relations and waited for them. Next morning on 24.4,1999 one Ghanshyam Tape of village Amjora, Tola Chinisai came to his house and informed him that the girls were confined and raped by the abo...
Pradip Kumar Mehta Vs. the Central Coalfields Limited and ors.
Court: Jharkhand
Decided on: Jul-05-2006
Reported in: [2006(4)JCR184(Jhr)]
ORDER1. This appeal under Clause 10 of the Letters Patent is directed against the Judgment and Order dated 14.9.2004 passed in WPS No. 825 of 2004 whereby the learned Single Judge dismissed the writ application holding that the application for compassionate appointment was rightly rejected by the respondents on the ground of limitation. For better appreciation, the impugned judgment is quoted herein below:This application has been preferred by the petitioner against order No. POP 34/9.3.2/02/148 dated 19th April, 2002, as contained in Annexure 7, whereby and whereunder, the application of petitioner No. 1 for appointment on compassionate ground has been rejected, being barred by limitation. The father of petitioner No. 1, who was in the services of M/s Central Coalfields Limited, died in harness on 9th May, 1999. The petitioner at that time was minor. As such, on attaining majority, he applied for compassionate appointment on 11th March, 2000.Admittedly as per the guideline, issued by ...
Cambridge School Parents Association and anr. Vs. Central Board of Sec ...
Court: Jharkhand
Decided on: Jul-05-2006
Reported in: [2006(4)JCR188(Jhr)]
ORDER1. Heard Mr. A.K. Sinha, learned senior counsel appearing for the appellants and the learned Counsel appearing for the respondents.2. This appeal under Clause 10 of the Letters Patent is directed against the judgment and order dated 15.6.2006 passed by learned single Judge in WPC No. 1131 of 2006, whereby the Writ petition filed by the petitioner/appellant seeking a direction upon the respondents for allowing their students to appear in the Central Board of Secondary Education Examination and to publish the result, has been dismissed.3. The appellant-Cambridge School Parents Association, Ranchi filed the aforesaid Writ Petition seeking direction upon the respondents to issue admit cards to 159 students of Class X and 121 students of Class XII of Cambridge School, Tantisilwai, Ranchi for appearing in the said examination scheduled to be held from 1.3.2006.4. The fact as appears from the aforesaid judgment is that the school, namely, Cambridge School, Tantisilwai. Ranchi applied to ...
Shamim Mian Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-04-2006
Reported in: 2007CriLJ461; [2006(4)JCR348(Jhr)]
D.P. Singh, J.1. The sole appellant Shamim Mian has preferred this appeal against the judgment and order of conviction dated 25.4.2001 and sentence dated 30.4.2001 passed by 1st Additional Sessions Judge, Dumka in Sessions Case No. 52 of 1991 whereby and whereunder the appellant has been held guiltly for the offence under Section 304 Part-II of the Indian Penal Code and has been sentenced to undergo R.I. for four years and a fine of Rs. 500/- in default of which further period of six months R.I.2. Brief facts leading to this appeal are that in the night of 29/30.11.1989 the informant Charku Mian along with his two grand sons was sleeping inside a Hut situated in the fields of Mauza Champapur looking after the paddy crop. Further stated in between 1-2 a.m. he felt some one was assaulting him with sharp weapon on the leg. According to the informant when he woke up, he found the appellant along with his father Ishaque Mian in side the Hut. Thereafter he was given two blows with dagger on ...
Anand Kumar Singh Vs. Principal, Central School (Kendriya Vidyalaya) a ...
Court: Jharkhand
Decided on: Jul-04-2006
Reported in: AIR2007Jhar16; [2006(3)JCR383(Jhr)]
S.J. Mukhopadhaya, Acting C.J.1. The petitioner passed the Secondary School Examination in the year 1993, held by Central Board of Secondary Education (hereinafter referred to as 'CBSE'). In the certificate, issued on 21st June, 1993, his date of birth was shown as 15th August, 1976 (Fifteenth August Nineteen Hundred and Seventy Six) and in the mark sheet, issued by CBSE on 5thJune, 1993, the same date of birth i.e. 15th August, 1976 was shown. The petitioner pointed out the Vidyalaya authorities that his date of birth, as per School Register arid Records, is 15th August, 1978 (Fifteen August Nineteen Hundred and Seventy Eight) but in the certificate and mark sheet, issued by CBSE in the year 1993, it has been wrongly shown as 15th August, 1976. On the prayer of the petitioner, the Central School (Kendriya Vidyalaya), Ramgarh Cantt., Ramgarh, Hazaribagh informed the same to the CBSE authorities. The CBSE authorities having not passed any final order on the request made by the petitione...
Sushila Devi Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Jul-04-2006
Reported in: [2007(1)JCR111(Jhr)]
S.J. Mukhopadhaya, A.C.J.1. This writ petition has been preferred by the petitioner, widow of late Dinesh Ram for a direction on the respondents to consider her case for appointment on compassionate-ground and to pay her the death-cum-retiral benefits, such as, family pension and other dues.2. The respondents have taken plea that the mother of late Dinesh Ram (mother-in-law of petitioner) and younger brother of the deceased (brother-in-law of petitioner) having earlier been made nominees in the record at the time of appointment of the deceased, the authorities were facing difficulties to release the amount. In such a situation, petitioner was allowed to implead her mother-in-law and brother-in-law, as were shown nominee, as 5th and 6th respondents to the writ petition. Notices were issued to them but in spite of service of notice, they have not turned up to contest the case. It is stated that the family pension has been released in favour of petitioner.3. So far as other death-cum-reti...
Ramchandra Yadav and ors. Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-03-2006
Reported in: 2007CriLJ472
D.K. Sinha, J.1. The petitioners herein have preferred this petition under Section 482 Cr.P.C. for quashing the F.I.R. of Chauparan P.S. Case No. 85/2005 lodged on 22.5.2005 corresponding to G.R.No. 1347/05 arising out of the said police case pending in the Court of C.J.M., Hazaribagh.2. The brief fact of the case, as is evident from the statement of the informant Abdul Rauf presented before the Chauparan Police in Chauparan P.S. Case No. 85/05 is that two persons namely Md. Usman and Md. Suleman @ Sule were forcibly taken by as many as 18 named accused persons and few others, variously armed with deadly weapons, such as sticks, rods and axes. Both the persons were tied in a pole of electric Transformer, situated near the house of one Bhikhari Rana and were assaulted by fists and slaps by the named accused and others. In the meantime, one Uma Shankar Akela of Chauparan arrived at the place of occurrence, who also assaulted them with kicks and abetted the villagers, who were present the...
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