Jharkhand Court September 2006 Judgments
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Vishwajeet Kumar Verma and anr. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Sep-19-2006
Reported in: [2007(3)JCR514(Jhr)]
D.G.R. Patnaik, J.1. Heard learned Counsel for the petitioners. No body appears on behalf of the State.2. The petitioners, who are accused for offences under Section 498-A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act pray for anticipatory bail expressing apprehension of their arrest in connection with Hazaribagh Sadar P.S. Case No. 24 of 2005.3. Learned Counsel for the petitioners submits that the petitioners have been falsely implicated in this case only on account of the fact that petitioner No. 1 happens to be the brother-in-law of the complainant while petitioner No. 2 is the wife of petitioner No. 1. Learned Counsel further submits that the petitioners have no concern whatsoever with the complainant, as because they are separate in mess and residence as well as business from the husband of the complainant and, therefore, it cannot be believed that the petitioners are indulged in the alleged ill-treatment of the complainant. The allegation that the husband...
National Insurance Co. Ltd. Vs. Chanda Mahato and anr.
Court: Jharkhand
Decided on: Sep-18-2006
Reported in: II(2007)ACC449; [2007(1)JCR24(Jhr)]
ORDER1. The appellant, National Insurance Co. Ltd. has preferred this appeal being aggrieved by the order of claims Tribunal, Giridih passed on 4.2.2003 in claim case No. 8 of 1982/6 of 2002 by which appellant Company was directed to pay (Rs. 50,000/-) to respondent claimant No. 1.2. On 8.1.1982 at about 4.30 p.m. a Car registered as BHU-5, insured with the appellant dashed and caused death of the Bodhi Mahato son of the claimant in claim case No. 8 of 1982. The owner has not contested the claim but the show cause filed by the owner on 11.1.1983 has claimed that the vehicle was insured. The appellant denied that the vehicle was insured with it. However before the Claim Tribunal Insurance Policy No. 456/580p/6302970 was produced on 23.12.1988 for the insurance of the vehicle. The Insurance Company has not produced the said Insurance Cover to show that the vehicle in question was actually not insured as pleaded by the owner.3. The learned Counsel for the appellant has submitted that in a...
Krishna Bhuiya Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-18-2006
Reported in: [2007(1)JCR62(Jhr)]
Dilip Kumar Sinha, J.1. The sole appellant Krishna Bhuiyan has preferred this Cr. Appeal under Section 374(2) of the Code of Criminal Procedure for his conviction under Section 366-A, IPC passed by Shri B.N.P. Singh, Sessions Judge, Palamau at Daltonganj in Sessions Trial No. 367/1997 on 17th July, 1998 whereby and whereunder he was sentenced to undergo rigorous imprisonment for 5 years.2. The brief fact of the case as it stands narrated in the statement of Bandhu Bhuiyan (PW 4) before the police on 21.2.1997 that while he was returning on 10.2.1997 from his matrimonial village with his wife Shakunti Devi to his own village Paneri Bandh and arrived near the cross roads after alighting from the bus at about 6 p.m., he was apprehended by the appellant Krishna Bhuiyan and two unknown persons who forcibly abducted his wife Shakunti Devi from his custody. The appellant happened to be the uncle of the informant Bandhu Bhuiyan in relation and it was alleged that whenever the appellant visited...
New India Insurance Co. Ltd. Vs. Smt. Pranita Devi and ors.
Court: Jharkhand
Decided on: Sep-18-2006
Reported in: II(2007)ACC446; [2007(1)JCR23(Jhr)]
1. M/s New India Insurance Company. O.P. No. 4 in claim case No. 39 of 1999, has preferred this appeal being aggrieved by order dated 29.5.2002 by which the Court below saddled 40% amount of compensation awarded to the respondents 1 to 6, upon the appellant i.e. Rs. 104000/-.2. Facts admitted on records are that Commander Jeep No. BR-15P-8295 met with an accident involving TATA 407 No. BR-15P-0242 in head on collusion on 3.6.1999 resulting in death of Ajit Kumar, the driver. The accident was reported vide Daltonganj PS Case No. 174 of 1999. The learned Claim Tribunal has held the In-surance Company of both vehicles liable for damages and apportioned the compensation amount and the awards to 60% and 40% on the Insurer of both the vehicles. The appellant is Insurer of Commander Jeep.3. The main point raised before us is that the deceased was not covered under the Insurance Policy. Therefore the liability cannot be fastened upon the appellant to pay the 40% of the amount of award. It is a...
Anand Mahato @ Parsuram Mahato Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-18-2006
Reported in: 2007CriLJ657; [2006(4)JCR314(Jhr)]
1. Sole appellant Anand Mahato stands convicted for the offence under Sections 304-B and 498-A of the Indian Penal Code and sentenced to serve rigorous imprisonment for life and two years respectively, by the Session Judge, Seraikella-Kharsawan in Session Trial No. 208 of 2001.2. The prosecution case, in short, is that the appellant was married with Rupali Mahato, the daughter of informant Madhu Sudhan Mahato in June 1998. It is further stated that two months prior to this incident, appellant started demanding one motorcycle and cash of Rs. 20,000/- as dowry since the marriage of the son of the informant has been finalized. According to the informant, he assured the appellant to fulfill the demands after two-three months of the marriage. This marriage was solemnized on 25.2.2001 after which the appellant took away his wife on 28.2.2001 threatening the informant. According to informant, on 15th of March 2001, the appellant came to him and again demanded motorcycle and cash. It is furthe...
Oriental Insurance Co. Ltd. Vs. Dindayal Mandal, (Sri) and ors.
Court: Jharkhand
Decided on: Sep-18-2006
Reported in: II(2007)ACC821; [2007(2)JCR140(Jhr)]
ORDER1. The present appeal has been preferred by Oriental Insurance Co. Ltd. being aggrieved by order dated 13.8.2002 of claims Tribunal, Dhanbad in Title (M.V.) Suit No. 36 of 1993 by which the defendant-appellant was directed to pay Rs. 96,000/- to the plaintiff-respondent, brother of the deceased Raj Kumar Mandal along with defendant No. 5.2. Brief facts necessitating the claim case are that on 5.9.1992 the deceased was driving Maxi-Taxi BR 17-A 3146 on G.T. Road while another vehicle, Truck bearing No. UP 42-6033 dashed the said Maxi-Taxi resulting in death of seven persons including the driver Raj Kumar Mandal. The Tribunal has allowed compensation to the respondent No. 1 assessing the dependency Rs. 500 per month and applied on multiplier of 16 in the present case. The appellant has raised formal issue along with plea of contributory negligence on part of the deceased.3. The learned Counsel for the appellant further raised that the deceased was driver; whose negligence has result...
Kripa Shankar Dwary Vs. Nandlal Charan Dwary
Court: Jharkhand
Decided on: Sep-18-2006
Reported in: 2007(1)BLJR675; [2007(2)JCR162(Jhr)]
Narendra Nath Tiwari, J.1. This civil revision has been preferred by the tenant-defendant under Section 14(8) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 [hereinafter referred to as 'the said Act'] against the judgment and decree dated 28.9.05 passed by learned Sub-Judge-III, Deoghar in Title Eviction Suit No. 22/97 whereby the Court below has decreed the landlord-plaintiff's suit and the defendant has been directed to vacate the suit premises.2. The plaintiff is one of the owners of the suit premises being Holding No. 139, Ward No. 1 under Deoghar Municipality measuring an area of 150'x20' comprising one hall, one room and a tin shed room. The defendant was given the suit premises on lease for a period of seven years commencing from 1.7.90 and expiring on 30.6.97 on a monthly rent of Rs. 500/- by virtue of a registered deed of lease dated 26.6.90. The said lease expired on 30.9.97. The plaintiff now requires the suit premises for his own use and occupation as he ...
Adalat Sahish Vs. Andhi Devi and anr.
Court: Jharkhand
Decided on: Sep-18-2006
Reported in: I(2007)DMC24; [2007(1)JCR487(Jhr)]
M. Karpagavinayagam, C.J.1. Maintenance application has been filed by the opposite party-wife seeking maintenance for herself After inquiry, the Trial Court ordered for payment of maintenance of Rs. 800 per month from the date of order, which is under challenge.2. I have heard Mr. S.P. Sinha, learned Counsel for the petitioner and Mr. T.N. Verm, learned Counsel appearing for the State.3. It is contended by the Counsel for the petitioner that notice has been sent to her and despite service of notice, she has not cared to appear before the Court to defend the case. The main defence taken by the husband before the Trial Court is that the marriage between the wife and husband has not been proved and as a matter of fact, the petitioner's wife already died and, as such, the evidence adduced on behalf of the alleged wife, which is materially contradictory, cannot be relied upon to conclude that the opposite party-alleged wife is entitled to maintenance.4. Counsel for the State opposed the adm...
Sitaram Akinchan Vs. Rajesh Sharma and anr.
Court: Jharkhand
Decided on: Sep-18-2006
Reported in: 2007ACJ1639; [2007(1)JCR607(Jhr)]
ORDER1. The present appeal has been preferred by Sitaram Akinchan, O.P. No. 1 in compensation case No. 111 of 1990 against the order of claims Tribunal, Ranchi dated 18.12.2002 by which he has been directed to pay Rs. 75,000/- to the claimant Rajesh Sharma respondent No. 1.2. Brief facts necessitating the present appeal are that for an accident dated 5.6.1990 the claimant respondent No. 1 has claimed compensation, admittedly caused by rash and negligent driving of motor cycle bearing Registration No. BR 14 S-5666 belonging to the appellant. The appellant has pleaded before the claims '-Tribunal that his motor cycle was not being driven by him rather it was stolen and someone else was involved in the alleged accident. The appellant has further pleaded that the motorcycle was insured during the period of accident.3. The respondent claimed compensation on the grounds for having received grievous injuries resulting in permanent disability and protracted treatments. The claim Tribunal found...
Tata Iron and Steel Company Ltd. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-15-2006
Reported in: [2006(4)JCR502(Jhr)]
Amareshwar Sahay, J.1. Since the points involved in both the writ petitions are the same and similar, with the consent of the parties both the writ petitions were taken up together and, as such are being disposed of by this common judgment.2. That Iron and Steel Company Limited, a company having its registered office at Mumbai and works at Jamshed-put, (hereinafter called as TISCO for the sake of convenience) has filed this writ application for quashing of the notification, contained in Memo No. 1048, dated 10.7.2004, issued by the Government of Jharkhand, referring the dispute to the Labour Court, Jamshedpur for adjudication in exercise of the powers under Section 10(1) of the Industrial Dispute Act. The dispute referred is as under:Whether not to take back Sri K. Chandrashekhar Rao and 73 other workmen (list enclosed) of M/s. TISCO Limited, Jamshedpur in service by their own TISCO Management after their transfer to M/s. Lafarge India Limited, is justified? If not, what relief they ar...
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