Jharkhand Court July 2006 Judgments
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Raj Kamal Gupta and anr. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jul-21-2006
Reported in: [2006(4)JCR613(Jhr)]
D.K. Sinha, J.1. The petitioner has preferred this petition under Section 482, Cr PC for quashing the First Information Report in relation to Kuru P.S. Case No. 94/2003 lodged on 14.10.2003 corresponding to G.R. No. 347/03 for the offence under Sections 448/323, IPC as also under Section 3 of the S.C. and S.T. (Prevention of Atrocities) Act.2. The brief fact of the case is that the informant Daya Narain Ram presented a written report before the Kuru Police stating therein that he belonged to scheduled caste and he had received about 80 decimals of land appertaining to Khata No. 56 Plot No. 328 in the year 1955 from Bihar Dhudan Yagya Committee and after acceptance of gift he was in peaceful possession of the land and was doing cultivation work thereon. It is alleged that all on a sudden, the petitioner Raj Kamal Gupta with other accused persons came to his house, started assaulting him, calling him Chamar etc. and threatened to vacate the land in question, explaining that the land belo...
Laxman Sahu Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jul-21-2006
Reported in: 2007CriLJ687
ORDERD.K. Sinha, J.1. The petitioner, Laxman Sahu has preferred this petition under Section 482 of the Code of Criminal Procedure for quashing the order-dated 18-1-2006 passed by Sri. Ramesh Kumar Srivastava, Additional Sessions Judge, F.T.C. I Gumla in Cr. Rev. No. 10 of 2005 whereby and whereunder, he upheld the order dated 2-4-2005 passed by the Sub-Divisional Judicial Magistrate, Gumla rejecting the prayer of the petitioner for discharge.2. The brief fact of the case is that the petitioner Laxman Sahu, the then Principal of Baijnath Jalan College, Sisal presented a written report before the Sisai police station stating therein that one Laxman Mahto was posted as Assistant in his college and one Paltan Sahu was also posted in the said college as peon to assist the accused Laxman Mahto in the Welfare Department of the said college and the informant alleged the complicity of the accused, Paltan Sahu in the embezzlement and defalcation of scholarships amount in the Nagpheni Branch of K...
Amarendra Tiwari and anr. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jul-21-2006
Reported in: [2007(3)JCR139(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard.2. The prayer of the petitioners in this application is for quashing the entire criminal proceedings initiated against them in Jamtara (Mihijam) Police Station Case No. 122 of 2003, and also for quashing of the order dated 30.9.2003 passed by the Chief Judicial Magistrate, Jamtara whereby, the cognizance for the offence under Section 47-A of the Bihar Excise Act was taken against the petitioners.3. The facts in brief are that on 19.7.2003, the police on secret information that the illegal sale of country liquor was being made, raided various places and recovered illegal liquor. In the course, the police raided one Hotel namely Indrapuri Hotel from where, they recovered 40 packets of country made liquor on which Jharkhand Excise was printed, 20 empty bottles of Beer, 200 empty pouch of country liquor and 20 empty bottles of foreign liquor from the possession of the owner of the Hotel namely Arup Kumar Ghosh who disclosed that since last several months, ...
Nawal Kishore Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-20-2006
Reported in: II(2007)BC123; [2006(4)JCR18(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ petition, the petitioner has prayed for quashing the order issued by the Superintending Engineer, Irrigation Department, Madhupur in the district of Deoghar dated 21.4.2006 whereby the contract has been allotted to respondent No. 8 and further for a direction to allot the said contract to the petitioner.2. The Department of Irrigation, Govt. of Jharkhand issued notice inviting tender No. 2/2005-06 dated 7.3.2006 for three different construction work in Ajay Main Canal. The petitioner along with others including respondent No. 8 submitted their tenders. The petitioner said to have offered his rate below 15% of the scheduled rate for the work mentioned in Item No. 2 of the tender notice. 3. According to the petitioner, preference was to be given to the contractors who are either displaced person or belong to Deoghar district. The rates offered by all the tenderers except one were the same. The petitioner claims to be displaced person and also of the dis...
Sita Ram Narsaria and Madan Gopal Narsaria @ Madanlal Gopal Narsaria V ...
Court: Jharkhand
Decided on: Jul-20-2006
Reported in: [2006(4)JCR140(Jhr)]
Permod Kohli, J.1. Legality and validity of the order dated 23.3.1999 passed by the Commissioner of South Chhotanagpur Division, Ranchi in Gumla S.A.R. Revision No. 122 of 1996 (Annexure-6) has been called in question by the present petitioners, whereby the revisional authority after reversing the judgments of the court of first instance and that of the appellate authority directed the restoration of the land in favour of respondent No. 5. Before dwelling upon the issues involved in this writ petition, it is useful to recapitulate the factual background emerging from the record.2. Plot No. 1494 measuring 0.39 acres under khata No. 84 of Mouza-Gumla was recorded as raiyati holding of one Tipu Kharia son of Deba Kharia father of respondent No. 5 herein. This plot of land measuring 0.39 acres was under the Zamindari of one Baraik Deokinandan Singh, who was Khewatdar of Khewat No. 3. The recorded raiyat Tipu Kharia surrendered 0.09 acres of land out of 0.39 acres in the aforesaid plot to t...
Tata Engineering and Locomotive Company Vs. the State of Bihar (Now Jh ...
Court: Jharkhand
Decided on: Jul-20-2006
Reported in: [2006(4)JCR264(Jhr)]
Permod Kohli, J.1. This writ petition is directed against the award dated 01st on April, 2000, passed by the Labour court, Jamshedpur in a Reference Case No. 17 of 1987 under Section 102A of the Industrial Disputes Act, 1947. The Labour court framed the following four issues for its consideration: (i) Whether the Officer who had passed discharge order against the workman is competent to pass such order?(ii) Whether the charge of misconduct as alleged in the charge sheet stands established?(iii) Whether the termination of service of the workman by the management is justified?(iv) Whether the workman is entitled to reinstatement and/or any other relief?2. On the basis of the materials placed before the Labour Court, it returned findings in respect to issues Nos. (i) and (ii) against the workman, however, issues Nos. (iii) and (iv) were decided in his favour. The Labour Court is of the opinion that though misconduct, i.e. unauthorized absence, has been established against the workman, how...
Surya Paharia Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jul-20-2006
Reported in: 2007(1)BLJR365
R.R. Prasad, J.1. The sole accused Surya Paharia having been put on trial for the charge under Section 436 of the Indian Penal Code was found guilty and was convicted under Section 436 of the Indian Penal Code and consequently was sentenced to undergo imprisonment for life.2. The informant Madan Kisku (P.W.3) who happens to be the maternal uncle of the appellant had given a piece of land a year before from the date of occurrence, i.e, 14.4.1988 over which the appellant after constructing a house was residing with his wife. In course of the time he married another girl and due to that reason there used to be altercations among them and, therefore, the informant asked the appellant to leave the village. Upon it, the appellant left the place and came along with his second wife, at her house to live and extended threat of setting the house of informant on fire. Thereafter, ten days before the date of occurrence one Logra Paharia came to his house and had had a drink (toddy) and thereafter ...
Moti Sao Vs. Lal Babu Prasad Bhagat and ors.
Court: Jharkhand
Decided on: Jul-20-2006
Reported in: [2006(2)JCR178(Jhr)]
ORDERN.N. Tiwari, J.1. This civil revision is against the judgment and decree dated 16.10.2004 passed by learned Sub-Judge IV, Dhanbad in Title (Eviction) Suit No. 34 of 1991/2 of 2004 whereby learned Sub-Judge has decreed the suit of the plaintiffs opposite-parties and directed the defendant to vacate the suit premises.2. The said suit was filed by the plaintiffs-opposite-parties on the ground of personal necessity. The petitioner's case is that the suit premises formerly belonged to one Kamta Prasad Bhagat of Barakar, District Burdwan (West Bengal). The defendant was inducted as tenant on a monthly rent of Rs. 100/-. The said Kamta Prasad Bhagat executed an agreement to sell dated 10.8.1987, but he failed to fulfill the terms of the agreement. The plaintiffs, thereafter, filed a suit seeking decree of the specific performance of contract being Title Suit No. 24 of 1988. The said suit was contested by Kamta Prasad, who took the plea that the agreement to sell was made in favour of som...
Subal Mandal Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jul-19-2006
Reported in: 2007CriLJ678
R.R. Prasad, J.1. The appellant, Subal Mandal and his wife Sona Devi were tried for charge under Section 302 of the Indian Penal Code on the allegation of committing murder of one Chamu Manda.2. The trial court did not find the appellant guilty for an offence under Section 302 of the Indian Penal Code, rather found the appellant guilty under Section 304 part II of the Indian Penal Code and accordingly convicted and sentenced him to undergo R.I. for 5 years. On the other hand, Sona Devi was found guilty for an offence under Section 323 of the Indian Penal Code and was given benefit, under Section 360 Cr.P.C.3. The case of the prosecution is that on 31.7.97 at about 7 A.M. the deceased, Chamu Mandal went to plough his land where his brother (the appellant) and his son, Vikash Mandal (does not seem to have been put on trial) and Sona Devi came and abused him. Thereafter the appellant asked his son, Vikash Mandal to assault him. Upon it Vikash Mandal gave a sword blow on his head and the a...
SalimuddIn Ansari and ors. Vs. the State of Bihar (Now Jharkhand) and ...
Court: Jharkhand
Decided on: Jul-19-2006
Reported in: [2006(4)JCR405(Jhr)]
Amareshwar Sahay, J.1. The petitioners and others had moved the High Court earlier in CWJC No. 1709 of 1989, which was disposed of by giving certain directions. The said judgment has been annexed as Annexure-7 to this writ: application.2. The petitioners were engaged by the irrigation Department to work on Daily Wages as Muster Roll Employees under Irrigation Division, Nala and Jamtara in the district of Dumka on different dates in between 1980 to 1985 against various Class-IV posts of Mali, Peon, Chowkidar, Sweeper, Jeep Driver, Pump Operator etc. The main claim of the petitioners was that from the date of their respective appointment, they were working without any break.3. The grievance was raised by the petitioners before the High Court that though they were also displaced persons like the Respondent nos. 13 to 96 therein due to acquisition of their land for execution of various schemes of the State Government but the respondent authorities arbitrarily regularized the services of th...
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