Jharkhand Court January 2007 Judgments
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Girish Deo Pandey Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-10-2007
Reported in: [2007(2)JCR64(Jhr)]
M.Y. Eqbal, J.1. Heard the parties.2. In this writ application the petitioner has prayed for quashing the order dated 30th September, 1997 passed by the Special Officer Schedule Areas Regulation, Ranchi (respondent No. 3) directing restoration of 0.33 Acres of land appertaining to Survey Plot No. 1749, Khat No. 329 situated at village Misirgonda, P.S. Gonda, District Ranchi in purported exercise of power under Section 71 of the Chhotanagpur Tenancy Act.3. It appears that a proceeding under Section 71 -A of Chhotanagpur Tenancy Act was initiated on the basis of report of the Circle Officer. Subsequently, the respondent in whose favour land was to be restored became party in the said case being S.A.R. case No. 10 of 1992.4. Learned Counsel for the petitioner submitted that notice of the restoration proceeding was never served upon him and the Court below proceeded exparte without proper service of notice upon the petitioner. Learned Counsel further submitted that restoration proceeding w...
Pappu Choudhary, Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jan-10-2007
Reported in: 2007(2)BLJR1985; 2007CriLJ3084; [2007(3)JCR35(Jhr)]
Amareshwar sahay and D.P.Singh JJ.1. All the appellants on being, tried, have been found and held guilty for the offence under Section 302/34 of the Indian Penal Code, and Section 27 of (sic) Arms Act by common judgment dated 28.9.2001 and 3.10.2001 respectively passed (sic) the 1st Additional Sessions Judge, Bokaro in Sessions Trial No. 111 of 1998 (sic) sentenced to undergo rigorous imprisonment for life each on both counts. As all (sic) appeals arise out of the same judgment, they have been heard together and are (sic) disposed of by this common judgment.2. The actual matrix leading to these appeals are that in the night (sic) 23.3.3.1997, informant Ajay Singh, was sleeping inside his house and woke up (sic) sound of firing of bullet. As further stated, he came out of the room to see all (sic) appellants along with Niranjan Singh fleeing from the verandah of his Ration (sic) carrying pistol towards north east. As further alleged, he found that his servant (sic) Pintu Karmkar was lyi...
Srimati Rabidas and ors. Vs. New India Assurance Co. Ltd. and ors.
Court: Jharkhand
Decided on: Jan-10-2007
Reported in: [2007(3)JCR127(Jhr)]
ORDER1. Heard the learned Counsel for the parties and with their consent this appeal is disposed of at the admission stage.2. The deceased was a cleaner in the truck and he died in a motor vehicle accident. The deceased was aged 35 years and according to the claimants his monthly income was Rs. 2400/- The Tribunal has relied upon the monthly income of the deceased. In absence of any evidence, the Tribunal took the notional income at Rs. 15,000/- and assessed the compensation of Rs. 1,60,000/- The claimants who are the widow and minor children have assailed the impugned award and appealed for enhancement of compensation.3. Admittedly, the deceased was 35 years of age. Even if we take the notional income at Rs. 15,000/- per year the multiplier of 18 years should have been taken and in that way the amount comes to Rs. 1,80,000/-. If interest @ 9% is paid from the date of the claim application, the minimum compensation should come to Rs. 2.5 lakh approximately. In our view, therefore, a lu...
Prahlad Prasad Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-10-2007
Reported in: [2008(1)JCR126(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ petition, the petitioner has prayed for quashing the order dated 16.12.2006 passed by the Certificate Officer in Certificate Case No. 93 of 2004-05 and the follow up orders passed thereafter.2. The grievance of the petitioner is that he was the Director of the Company, namely, Lemos Cement Limited. The petitioner has since resigned and is no more the Director of the Company. The dues of the respondent-Electricity Board is admittedly against the Company but the certificate was issued against the Company and also in the name of the petitioner as he was the Director of the Company. It has been stated that the said Company was the consumer and on behalf of the Company, the petitioner had signed the documents in the capacity of the Director of the Company and he is not personally liable for the dues.3. It has been further stated that the petitioner resigned from the Company and he is no more Director of the Company. At any rate, the petitioner ha...
The National Insurance Co. Limited Vs. Smt. Chotni Devi and ors.
Court: Jharkhand
Decided on: Jan-09-2007
Reported in: 2007(2)BLJR1119
M.Y. Eqbal, J.1. This application at the instance of the appellant- Insurance Company is directed against the judgment and award dated 4.2.2006 passed by the Additional District Judge, Motor Vehicle Claims Tribunal, Dhanbad in Title (M.V.) Suit No. 77 of 2001 whereby compensation of Rs. 2,40,000/- has been awarded to the claimants.2. The claimants, who are the widow, four minor sons and daughters, filed the claim petition claiming compensation for the death of Jag Lal Kanu due to fatal road accident. The deceased Jag Lal Kanu was going to village Lokabad on foot with his trolley along with his brother-in-law for selling chat and golgappa. As soon as they reached at village Madaidih near a bridge, a truck bearing registration No. WB-11-3350 knocked him down from his back, as a result of which the deceased fell down towards right side of G.T. road. The deceased also sustained serious injuries from another truck which was coming from behind and knocked him down and crossed over his body a...
Ganesh Tiwari and anr. Vs. Ramakant Tiwari and ors.
Court: Jharkhand
Decided on: Jan-09-2007
Reported in: 2007(1)BLJR831
ORDERM.Y. Eqbal, J.1. Petitioners who are Defendant Nos. 1 and 2 have challenged the order dated 13.9.2004 passed by Munsif, Garhwa in Partition Suit No. 22/2003 whereby he in purported exercise of power under Order 8 Rule 6 CPC has disallowed the so called counter claim made by the petitioners in the written statement.2. Plaintiff/respondent No. 1 instituted the aforesaid suit for a preliminary decree in respect of 1/6th share of the properties fully described in Schedule A, B, C, D and E of the plaint.3. Plaintiffs' case inter alia is that he and the defendants are the sons and daughters of late Bateshwar Tiwari who had acquired Schedule-A land. Schedule-B lands were acquired by him through Partition Suit No. 24/1923. Schedule 'C' lands were acquired by the mother of the parties, whereas plaintiff and defendant Nos. 1, 2 and 3 acquired Schedule-D property. It was alleged that Pucca Well described under Schedule 'F' was constructed by plaintiff from his own earnings. Bateshwar Tiwari ...
Bindu Kumhar and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jan-09-2007
Reported in: 2007CriLJ2810
1. This appeal has been preferred by the appellants against the judgment and order of sentence dated 9th September, 1998 passed by the Sessions Judge Singhbhum West at Chaibasa in S.T. No. 61 of 1996 whereby and whereunder the appellants have been convicted under Section 302 of the Indian Penal Code and have been sentenced to R.I. for life.2. The prosecution case in short is that the informant P.W. 7 was cooking food for her deceased husband and son in the night of 3rd July, 1992 in her house situated in Mauza Tujur, P.S. Sonua, . District Singhbhum west when one Mirgi Kumhar called out her husband. As further stated when she along with the deceased came out, all the appellants, named above, arrived suddenly and started assaulting her husband with Lathi. Further stated when' her husband fell down, the appellant Birsa Kumhar picked up a stone and started assaulting the deceased on his head. When she protested she was also assaulted and threatened to be killed with her son. Thereafter sh...
Raiya Mahto @ Bhagat, Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jan-09-2007
Reported in: [2007(4)JCR597(Jhr)]
D.P. Singh, J.1. All the three appeals arising out of the same impugned judgment; have been heard together and are being disposed of by this common judgment. All the appellants in these appeals stand convicted under Sections 302/34 and 201/34 of the Indian Penal Code and they have been sentenced for life under Section 302/34 of the Indian Penal Code each and RI for three years under Section 201/34 of the Indian Penal Code each, the sentences to run concurrently.2. Factual matrix leading to these appeals are that deceased Govind Sahu had gone to sell potato in Larango Bazar within Senha police station, District-Lohardaga in the after noon of 30.6.2001. When he was returning, the appellants, named above overpowered him near Marpo bridge and killed him. They further concealed the dead body. The Senha police was informed by village choukidar on receiving information regarding the incident from the informant Senha police arrived at Morpa bridge at about 11 a.m. and recorded the statement of...
The Chairman-cum-managing Director, Bccl and anr. Vs. Binod Kumar Sing ...
Court: Jharkhand
Decided on: Jan-08-2007
Reported in: 2007(1)BLJR859
M.Y. Eqbal, J.1. This appeal under Clause 10 of the Letters Patent is directed against the judgment dated 7.9.2006 passed in W.P. (S) No. 3176 of 2004 whereby the learned Single Judge quashed the order passed by respondent No. 1 passed by Chairman-cum-Managing Director of the appellant M/s. Bharat Coking Coal Limited (in short 'BCCL') and directed for payment of back wages and other service benefits.2. The facts of the case lie in a narrow compass:Respondent-Binod Kumar Singh while working as Personnel Manager with the appellant Company was made accused in a criminal case Instituted by C.B.I, in the year 1984 under Sections 420, 468,471 and 120B IPC on the allegation of some fraud and forgery in respect of grant of employment of class III and IV employees in the appellant Company. In the said criminal case being RC case No. 3 & 9 of 1984, respondent was convicted by judgment dated 21.12.1998 and was sentenced to go one year's R.I. By reason of his conviction, respondent was served with...
Sheo Kumar Agarwal Sunil Kumar, a Partnership Firm Vs. Shagun Udyog, P ...
Court: Jharkhand
Decided on: Jan-08-2007
Reported in: 2007(2)BLJR1134
M.Y. Eqbal, J.1. This appeal by the appellant (respondent No. 4 in the writ petition) under Clause 10 of the Letters Patent is directed against the judgment and order dated 15.06.2006 passed in W.P.(C) 1018 of 2006 whereby the learned Single Judge allowed the writ application filed by respondent No. 1 herein prohibiting and restraining the respondent-Heavy Engineering Corporation (in short HEC) from selling non-ferrous metal wastes to the present appellant.2. By a tender notice dated 26th July, 2005 the respondent-HEC invited tender for disposal/auction sale of its non-ferrous metal wastes, lying at its Foundry Forge Plant, Heavy Tools Plant and Heavy Machine Building Plant. The non-ferrous metals, as mentioned in the tender notice, consisted of materials, such as, brass-chips, mixed N.F.T/B, mixed N.F. ingot, mixed N.F. skull, dross and spillage and floor sweepings.3. The case of the writ petitioner was that it is duly registered under the provisions of Hazardous Waste (Management & H...
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