Jharkhand Court August 2006 Judgments
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Rajendra Mahto Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-14-2006
Reported in: [2007(4)JCR437(Jhr)]
Narendra Nath Tiwari, J.1. The appellant was put on trial for the charges under Section 304-B/34 of the Indian Penal Code and has been found guilty of the charge under Section 304-B and has been convicted and sentenced to undergo rigorous imprisonment for seven years by learned First Additional Sessions Judge, Hazaribagh in Sessions Trial No. 127 of 1998.2. The prosecution case was that Charki Devi, the informant's daughter was married with accused Rajendra Mahto six years ago; But she was being subjected to harassment, cruelty and torture for not fulfilling the demand of scooter and cash of Rs. 25,000/- as dowry: On 16.5.1997, at about 10 O'Clock, sister-in-law of the informant, namely, Gango Devi had gone for extending invitation and in her presence the appellant had assaulted the informant's daughter till she became unconscious. The appellant did not provided her any medical treatment and she ultimately succumbed to her injuries.3. In order to prove the charges against the accused-a...
Abdul Hafiz and anr. Vs. Abdul Azim and anr.
Court: Jharkhand
Decided on: Aug-14-2006
Reported in: [2007(1)JCR257(Jhr)]
ORDERN.N. Tiwari, J.1. This second appeal Is against the judgment and decree of affirmance dated 6.9.2004 passed by learned Additional District Judge, Fast Track Court III, Jamshedpur in Title Appeal No. 39 of 1998 upholding the judgment and decree dated 22nd July, 1998 passed by learned Munsif, Jamshedpur in Title Suit No. 169 of 1993.2. The plaintiffs had filed the said suit praying for a decree of permanent injunction restraining the defendant from executing and registering any transfer deed in respect of Schedule 'B' premises in favour of any third party.3. The plaintiffs case is that a general power of attorney dated 9.11.1993 was executed and registered by Fatima Bibi, defendant No. 1 in favour of Abdul Hafiz, defendant No. 2 authorising him to exercise all the powers including the power to executed transfer deed in respect of entire house premises bearing Holding No. 521 situated at Kasidih, P.S. Sakchi, Jamshedpur. It was stated that by registered deed of release dated 23.11.19...
Awadh Pathak @ Awadhpati Pathak and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-14-2006
Reported in: [2008(1)JCR127(Jhr)]
Narendra Nath Tiwari, J.1. The appellant Nos. 1 to 3 were tried for the charges under Sections 323, 325 and 109 of the Indian Penal Code and were found guilty and convicted. However, they have been released on probation and ordered to execute the bonds for keeping peace for the period of one year. Appellant No. 4 has been found guilty for the offence punishable under Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 1,000/- and in default to undergo rigorous imprisonment for six months.2. The prosecution case, in short, is that on 11.3.1993 while the informant was grazing his cattle, the co-villagers, Keshri Kant Mishra, appellant No. 3, Sarju Mishra, Shri Pati Mishra, appellant No. 2, Awadh Pathak @ Awadhpati Pathak, appellant No. 1, Kishun Kahar, appellant No. 4 started hurling abuses on him; when the informant objected, Keshri Kant Mishra exhorted Kishun Kahar to kill him. Thereupon, Kishun Kahar gave a 'garasa' b...
Jainath Sahi Vs. the State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Aug-11-2006
Reported in: [2007(1)JCR137(Jhr)]
R.K. Merathia, J.1. In this writ petition, petitioner has prayed for quashing the orders passed by respondents No. 2 and 4 rejecting the petitioner's application under Section 71A of the Chotanagpur Tenancy Act, 1908 (for short 'the Act') for restoration of Plot Nos. 404, 405, 407, 413, 428, 429 and 430 of Khata No. 155 of Village Tisia, P.S. Kisko, District Lohardaga against respondents No. 5 to 7.2. The facts in short are as follow:According to the petitioner, lands in R.S. Khewat No. 7 of Village Tisia, P. O. & P.S. Kisko, District Lohardaga stood recorded in the record of rights in the name of petitioner's grand father Chaitu Sahi, a member of the scheduled tribe. The lands appertaining to Khata No. 155 under Khewat No. 7 were recorded as his 'Bakast lands' and were in his khas possession which will be evident from the return filed by him in Form 'K' of the Bihar Land Reforms Act with a prayer to retain the same as 'raiyat'. The Revenue authorities after proper enquiry assessed the...
Civil Paswan Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Aug-11-2006
Reported in: [2006(4)JCR574(Jhr)]
R.K. Merathia, J.1. Petitioner has challenged the order contained in Memo No. 141 dated 19.1.2005, passed by respondent No. 3, whereby and where under he has been dismissed from service (Annexure-9) and has prayed for consequential reliefs.2. The relevant facts in short are as follows. One Amar Nath Rai, the then officer-in-charge of Dhanbad Police Station made a report to the Superintendent of Police on 23.3.1994 that he received confidential information on 22.3.1994 that on 20.3.1999 Asstt. Sub inspector, Laljee Mishra did not take any action against the offenders when he learnt about transaction of the looted oil on Truck, after taking heavy amount. Petitioner, who was Sub Inspector, also went with Laljee Mishra. The purchaser of oil informed that Laljee Mishra talked with seller and took money. It was admitted by the petitioner that he went with Laljee Mishra, but he said that Laljee Mishra talked with the offenders and took money. Laljee Mishra accepted his guilt and produced Rs. ...
Roll Well Enterprises Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-11-2006
Reported in: [2006(4)JCR477(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This application has been preferred by the petitioner for quashing the entire proceeding of Certificate Case No. 2 of 2001,02 instituted at the instance of Electrical Executive Engineer, Electric Supply, Ranchi for an amount of Rs. 43,43,019/-. He has further challenged the Demand Notice dated 10th September, 2001, issued by the Certificate Officer, Ranchi Electric Supply Area, Ranchi, under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914 (hereinafter to be referred as 'the said Act'), as laso the order dated 16th June, 2005, whereby and whereunder, the Certificate Officer has issued distress warrant against the petitioner.2. As the case can be disposed of on short points, it is not necessary to discuss all the facts, except the relevant one.3. It appears that the petitioner filed a petition under Clause 13 of the High Tension Agreement (hereinafter to be referred as 'H.T. Agreement') for granting full remission in Maximum Demand Char...
New India Assurance Co. Ltd. Vs. Ramanti Devi and ors.
Court: Jharkhand
Decided on: Aug-11-2006
Reported in: AIR2007Jhar12; [2006(4)JCR235(Jhr)]
Narendra Nath Tiwari, J.1. This already disposed of case has been referred to this Bench on the basis of minutes of the Finance Committee posing some issues which arose on implementation of the order dated 21.9.2001 passed in this case.2. By a judicial order dated 21.9.2001, a Division Bench of this Court directed to open a Bank Account by the Registrar General in the name of Jharkhand High Court in a Nationalised Bank and to keep all the deposits/payments received in this Court from time to time by the judicial orders passed in course of judicial proceedings and/or otherwise, be kept in that account and the account accordingly to be operated on regular permanent basis. It was further directed that all payments shall be made pursuant to judicial orders passed or in course of judicial proceedings and/or otherwise shall also be made from that account and that the Registrar General shall ensure that a proper account is maintained with respect in all receipts and payments relating to the s...
Shib Lal Mahto Vs. the State of Bihar
Court: Jharkhand
Decided on: Aug-11-2006
Reported in: 2007(1)BLJR356; [2007(1)JCR495(Jhr)]
D.P. Singh, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 29.6.1998 passed in Sessions Trial No. 137 of 1998/T.R.No. 246 of 1998, whereby and whereunder the learned 3rd Additional Judicial Commissioner, Ranchi held the appellant guilty under Section 376 IPC and convicted and sentenced him to serve RI for ten years.2. The brief facts leading to this appeal are that in the afternoon of 2.5.97 the informant Saraswati Kumari, PW 2 was cleaning her house situated in Mouja Gagari, P.S. Ormanjhi, District Ranchi when the appellant entered into her house and forcibly committed rape on her. The informant tried to raise alarm but she was threatened and she submitted lastly to the lusted appellant. When her parents arrived on her alarm the appellant fled away. On the basis of this statement, Ormanjhi Police registered Ormanjhi P.S. Case No. 31/1997 under Section 376 IPC and started investigation of the case, the victim was sent for medical examination...
Ram Badan Singh Vs. Kuldip Singh,
Court: Jharkhand
Decided on: Aug-11-2006
Reported in: [2007(2)JCR172(Jhr)]
Narendra Nath Tiwari, J.1. This second appeal by the defendant No. 1-appellant-appellant is against the judgment and decree of affirmance dated 19th June, 2004 passed by learned 3rd Additional District Judge, Palamau dismissing the Title Appeal No. 32 of 2003 and upholding the judgment and decree passed by learned Sub Judge-III, Palamau in Title Suit No. 97 of 1994.2. The plaintiff had filed the said suit for the relief praying declaration that the sale deed executed by defendant No. 2 in favour of the defendant No. 1 are void, fraudulent and not binding on the plaintiff and that the plaintiff has got right, title, interest and possession over the suit land. The plaintiffs case is that one Deni Singh was occupancy raiyat in respect of the said land along with his brother Khakhanu Singh. Khakhanu Singh died issueless in the state of jointness and the suit land devolved on the surviving brother Deni Singh. Deni Singh had no male issue and had only daughters. Plaintiff is the youngest dau...
The State of Jharkhand and ors. Vs. Arjun Ram
Court: Jharkhand
Decided on: Aug-10-2006
Reported in: [2007(1)JCR361(Jhr)]
ORDERM.Y. Eqbal, J.1. This appeal under Clause 10 of the Letters patent is directed against the judgment and order dated 4th August, 2005 passed in W.P. (S) No. 4826 of 2004 whereby the learned single Judge allowed the writ petition and set aside the final order of punishment passed against the petitioner in a departmental proceeding.2. The facts of the case lie in a narrow compass:The writ petitioner (hereinafter referred to as 'the respondent') was working on the post of Accountant at Giridih Treasury. In 1999, F.I.R. was lodged against him under Sections 409, 419, 420, 467, 468, 471, 472 and 120b IPC being Giridih PS Case No. 192 of 1999 and accordingly he was taken in custody. Pursuant to that, by order dated 5.9.1999, the respondent was put under suspension and a departmental proceeding was contemplated. The allegation, inter alia, against the respondent was that Rs. 33.37 lacs was fraudulently withdrawn and paid to companies from Giridih treasury. It appears that charge sheet was...
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