Jharkhand Court September 2006 Judgments
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The Management of Bokaro Steel Plant (Steel Authority of India Ltd.) V ...
Court: Jharkhand
Decided on: Sep-12-2006
Reported in: [2006(108)FLR1085]
R.K. Merathia, J.1. The petitioner has prayed for quashing the Award dated 26.9.2000 pronounced on 10.7.2001 passed by respondent No. 1 in Reference Case No. 06 of 1994 directing the petitioner to reinstate respondent No. 2 with full back wages.2. The following dispute was referred by notification dated 24.1.1994.' 'Whether the termination of services of Shri Hawaldar Sharma, Rigger, Staff No. 293910 Sintring Plant (O), Bokaro Steel Plant, Bokaro Steel City is proper? If not, whether he should be reinstated on the job or/and compensation be paid? '3. Learned Counsel for the petitioner submitted that in the letter of appointment, there was clear stipulation that respondent No. 2 will be governed by the standing orders. The workman absented from 20.1.86 without any information to the management. Accordingly the management had to issue a registered letter/notice dated 5.2.86 asking respondent No. 2 to report by 20.2.86. But neither he reported on duty nor sent any reply. Accordingly by of...
Nividan Bhagat @ Nidre Bhagat and ors. Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Sep-12-2006
Reported in: [2007(1)JCR536(Jhr)]
Amareshwar Sahay and D.P. Singh, JJ.1. This appeal is directed against the judgment of conviction and order of sentence dated 25.7.2001 and 26.7.2001 passed in Sessions Trial No. 135/99, whereby and whereunder the learned Additional Judicial Commissioner cum special Judge-I, Ranchi held the appellants guilty under Sections 302/149 IPC and sentenced them to serve RI for life. Appellants Sukdeo Bhagat, Mahadeo Bhagat, Chhota Nividan Bhagat, Bhagna of Sukhdeo Bhagat and Seela Bhagat are further sentenced to serve RI for three years under Section 148 IPC and appellants Barka Nividan Bhagat, s/o Pirku Bhagat, Chilo Bhagatain and Kamla Bhagatain are sentenced to serve RI for two years under Section 147 IPC. However, all the sentences were directed to run concurrently.2. Factual matrix leading to this appeal are that on 11.10.98 informant Mangra Oraon has gone to harvest Marua crop grown by him on his land situated in Mouja Jhikpur, P.S. Mandar along with his family members i.e. wife, PW 3, d...
Chandreshwar Nonia @ Chandeshwar Nonia Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-12-2006
Reported in: [2007(1)JCR530(Jhr)]
ORDERD.K. Sinha, J.1. The present criminal Revision Application has been directed against the judgment and order of Constitution passed by Sri Rai Satish Bahadur, Additional Sessions Judge, FTC II, Dhan-bad in Criminal Appeal No. 171/1996 on 15.10.2004 whereby and whereunder the appeal of the petitioner was dismissed confirniing the judgment and order passed by Sri Surendra Prasad Pandey, Judicial Magistrate, 1st Class, Dhanbad in G.R. No. 2872/1985 corresponding to T.R. No. 700/1996 on 28.11.1996 and the sentence awarded to the petitioner under Sections 323 and 325, IPC of one year rigorous imprisonment with fine of Rs. 1,000/- and simple imprisonment for three months respectively with stipulation on default was confirmed.2. Briefly stated, the prosecution story which stands narrated in the statement of the informant Bimla Devi before Chirkunda police recorded on 9.10.1985 was that the petitioner Chandreshwar Nonia @ Chandeshwar Nonia had put a wrist watch in the possession of the hus...
Kanak Kumar Kar @ Kanak Kar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-11-2006
Reported in: [2006(4)JCR600(Jhr)]
R.K. Merathia, J.1. Heard.2. Petitioner has filed this writ petition essentially for a direction upon the respondent No. 2/registering authority lo register the sale deed presented on 29.3.1999 for registration.3. It is submitted by Mr. Prasari. learned Counsel appearing for the petitioner, that when registration was refused on the ground that the land in question was Khasmahal land, petitioner filed a writ petition being CWJC No. 3873 of 2000. which was disposed of on 5.3.2001 with a liberty to the petitioner to approach the Deputy Com missioner, Ranchi. who was directed to look into the record, if necessary, hear the Additional Collector and give finding of fact relating to nature of land. Thereafter, the Deputy Commissioner passed the impugned order on 4.9.2001 as contained in the order sheet (Annexure-7) holding that the land is Khasmahal and it cannot be transferred without permission. He further submitted that in the said order itself, it is recorded that the Circle Officer. Town...
Ranjana Verma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-07-2006
Reported in: 2007CriLJ663; [2006(4)JCR1(Jhr)]
ORDERM.Y. Eqbal, Acting C.J.1. In the instant writ application under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issuance of a writ of certiorari for quashing the order dated 16.6.2006 passed in C.P. Case No. 601/06 whereby the Sub-divisional Judicial Magistrate, Dhanbad, after holding that petitioner is a minor, directed her release in favour of her father respondent No. 4.2. The facts of the case lie in a narrow compass:Petitioner's case is that she married respondent No. 5, Shyam Kumar Verma, on 17.2.2006 out of her own free will and the marriage was registered with the Marriage Officer, Dhanbad and a certificate to that effect was issued. According to the petitioner, she was major on the date of marriage as her date of birth is 5.1.1988. On the same day, petitioner and respondent No. 5 performed their marriage in Bhiphor Shankar Math and a certificate to that effect was also granted by the Secretary of the said Math. Information regarding their m...
Alok Ranjan Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Sep-07-2006
Reported in: [2007(1)JCR395(Jhr)]
D.K. Sinha, J.1. The petitioner, Alok Ranjan, has preferred this Petition under Section 482 of the Code of Criminal Procedure for quashing the order impugned dated 8.8.2003 passed by the Chief Judicial Magistrate, Chatra whereby and whereunder cognizance of the offence under Sections 182 and 211 of the Indian Penal Code was taken against the petitioner and quashing of the entire criminal proceeding in Misc. Case No. 6 of 2003 (T.R. No. 212 of 2005) filed by the Officer-Incharge of Simaria police station pending in the court of C.J.M. Chatra.2. The prosecution story in brief is that the petitioner, Alok Ranjan narrated his statement before the police at Referral Hospital, Simaria on 18.5.2000 that in the morning on the same day at about 5 a.m. he along with his cousin came to the bus stand Simaria, for boarding a bus but since no Ranchi bound bus was available immediately, they visited the tea shop of one Amarjeet Halwai (Gupta) to have tea. On demand, a cup of tea was served on him whi...
Jharkhand State Cricket Association and ors. Vs. the Board of Control ...
Court: Jharkhand
Decided on: Sep-07-2006
Reported in: AIR2007Jhar26; [2006(4)JCR11(Jhr)]
ORDER1. Heard the counsel for the parties on the prayer made by the petitioners for stay of the operation of the decision taken by the Board of Control for Cricket in India (in short BCCI) in its meeting dated 16.08.2006 and for modification of the order dated 7.8.2006.2. Mr. Ramchandranan, learned Counsel appearing on behalf of the petitioners submitted that this Court, by order dated 20.6.2006 while issuing notices to the respondents, passed interim order to the effect that the report of the Three Men committee in pursuance of the resolution dated 1.6.2006 shall be subject to the decision of this Court. Again this Court, by order dated 7.8.2006 while allowing two weeks' time to B.C.C.I. to take final decision on the report of the Three Men committee, directed not to give effect to such decision without prior permission of the Court. The contention of Mr. Ramchandran is that despite the aforesaid order, the petitioner-Association was not allowed to participate in the Special General M...
Binod Kumar Singh Vs. Coal India Ltd. and ors.
Court: Jharkhand
Decided on: Sep-07-2006
Reported in: [2006(4)JCR508(Jhr)]
Parmod Kohli, J.1. While working as Personnel Manager with the respondent-Company, petitioner was involved in a criminal ease instituted by CBI in the year 1984 under Sections 420, 468, 471 and 120-B, IPC on the allegation of some fraud and forgery in respect of grant of employment to some Class. III and IV employees in Bharat Coking Coal Ltd. It is alleged that petitioner was falsely implicated. On registration of a charge-sheet, the case was presented before the Spl. Judicial Magistrate, (CBI) Dhanbad which was registered as RC Case No. 3 and 9 of 1984 TR No. 40 of 1998. Petitioner along with others were convicted vide judgment dated 21.12.1998. Petitioner was awarded sentence of one year's RI. On his conviction he was served with a notice dated 10.2.1999 calling upon him to show cause as to why penalties under Rule 27 should not be imposed on him. Petitioner submitted a reply stating therein that he had preferred an appeal before the Appellate Court. In view of the conviction respon...
NabIn Kumar Singh Vs. the State of Bihar
Court: Jharkhand
Decided on: Sep-07-2006
Reported in: 2007(1)BLJR348; 2007CriLJ1066; [2007(1)JCR474(Jhr)]
D.P. Singh, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 19.8.2000 passed in Sessions Trial No. 221 of 1998, whereby and whereunder the learned Sessions Judge, Singhbhum West at Chaibasa held the appellant guilty under Sections 302 IPC and convicted and sentenced him to undergo RI for life and further sentenced him to undergo RI for three years under Section 27 of the Arms Act. 2. Brief facts leading to this appeal are that one Nagendra Singh, constable No. 29 of Chaibasa police line was taking food in mess No. 4 along with other constables including deceased Sunil Kumar Singh, constable No. 213 in the evening of 17.10.97. It is further stated that at about 9.15 PM Havaldar Ramanand Singh, constables Dinesh Sharma and Karjanand Singh reached there and asked the deceased Sunil Kumar Singh to come aside. According to the informant, deceased left his food and went along with them towards Barrack No. 5. It is further alleged that after 3-4 min...
Sadan Sharma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-07-2006
Reported in: [2006(4)JCR244(Jhr)]
ORDERPermod Kohli, J.1. Petitioner is aggrieved of the Memo No. 2614 dated 30.12. 2005 whereby no objection earlier granted under Memo No. 478 dated 31.3.2005 to the petitioner for establishment of petrol pump over the land comprising of Plot No. 2328, Khata No. 175 of village Saraidhela. Dhanbad has been cancelled.2. Grievance of the petitioner is that the respondent-authority had granted no objection after verification of the record including the sale-deed in respect to the property in favour of the petitioner. Vide impugned order, it has been mentioned that subsequently land has been found to be Gairabad. Neither from the impugned order nor from the counter filed, it appears that petitioner was afforded opportunity of being heard before passing the impugned order. Admittedly, no objection was granted for establishment of a pump. The impugned order has adversely affected the civil rights of the petitioner. It was obligatory upon the respondents to have afforded the opportunity of bei...
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