Jharkhand Court February 2007 Judgments
Hiralal Mirdha Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Feb-28-2007
Reported in: 2007CriLJ3079; [2007(2)JCR291(Jhr)]
D.P. Singh, J. 1. The appellant has preferred this appeal against the order and judgment dated 21st December 1996 passed by 5th Additional Sessions Judge, Dumka in Sessions Case No. 16 of 1995 whereby and whereunder the appellant stand convicted under Sections 376 and 452 of the Indian Penal Code sentenced to imprisonment for seven years under Section 376 of the Indian Penal Code and one year under Section 452 of the Indian Penal Code. Both the sentences shall run concurrently.2. Brief facts leading to this appeal are that in the night of 18.8.1993 the appellant forcibly committed rape upon the complainant Sill Mirdha. According to the prosecution case the complainant was sleeping on the veranda of her house while her husband and mother-in-law were sleeping inside the room, then the appellant forcibly gagged her and committed rape against her will. The complainant raised alarm after the rape on which PWs 1,2 3 and 6 rushed to her house to see the appellant fleeing away. However they co...
Tag this Judgment!District Deed Writers Association Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Feb-28-2007
Reported in: [2007(4)JCR349(Jhr)]
R.K. Merathia, J.1. Heard the parties.2. The contention of petitioner's association is that its members, who have been working as deed writers for more than ten years, should be granted license without appearing in the examination, in terms of Section 68B(2) of the Registration (Bihar Amendment) Act, 1991 (the Act for short) and Rule 7 of Bihar Deed Writers Licensing Rules, 1996 (the Rule for short).3. To examine such contention, it is necessary to look into the relevant provisions as under:68-A Prohibition of unlicensed person. (1) No parson who is not licensed us provided under Section 68-B, shall engage himself in the profession of document-writer and document drawn up and signed by a person who does not hold a license shall not be accepted for registration by the Registration Officers;68.B Grant of license to document- writers.-(1) The Registrar of District or any other officer authorized by him in this behalf may grant a license, to be valid in one sub-district or one district in ...
Tag this Judgment!Krishna Tamsoy, Budhram Tamsoy, Bonj Tamsoy and Mathura Tamsoy Vs. the ...
Court: Jharkhand
Decided on: Feb-27-2007
Reported in: [2007(3)JCR659(Jhr)]
Narendra Nath Tiwari, J.1. The appellants were put on trial for the charges under Sections 302/34 of the Indian Penal Code and have been convicted under the same and sentenced to undergo rigorous imprisonment for life with fine of Rs. 2,0007- each and in default of payment of the fine, further to undergo rigorous imprisonment for one year, each, by the 1st Addl. Sessions Judge, Singhbhum West, Chaibasa in Sessions Trial No. 409 of 1995.2. The prosecution case, as made out in the fardbeyan (Ext.-3), in brief, is that on 7.7.1995, at about 2.30 p.m., the informant, Disu Hessa, (not examined) along with his brother-in-law- Arjun Tamsoy, had gone to take bath in the pond of Munda Kanuram Tamsoy (P.W.4) of village Kumrita, which was about a distance of half a kilometer east-south. While, they were coming back alter taking bath, at about 3.00 p.m., suddenly the accused-appellants, Bonj Tamsoy, Mathura Tamsoy, Krishna Tamsoy and Budhram Tamsoy variously armed with Farsa, Bows and arrows caugh...
Tag this Judgment!Binod Kumar Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-27-2007
Reported in: 2007(2)BLJR1309; [2007(2)JCR271(Jhr)]
Narendra Nath Tiwari, J.1. In this writ petition, the petitioner has prayed for quashing Notification No. 3885 (Bha) dated 30th December, 2006, as contained in Annexure-4, whereby the petitioner, who is an Assistant Engineer, has been transferred from Medical Building Sub-division No. 1, Bariatu, Ranchi to Building Sub-division, Chas (Bokaro) within a period of six months from the date of his earlier transfer and that too without any recommendation of the Establishment Committee. The petitioner has also prayed for quashing the consequent transfer of Respondent No. 4, who has been transferred and posted in place of the petitioner without any recommendation of the Establishment Committee.2. According to the petitioner, he has been subjected to unnecessary frequent transfer, as about six months ago, he was transferred and posted at Ranchi and from Ranchi, he is being now transferred to Bokaro within a period of six months. The petitioner has assailed the transfer order on the ground that ...
Tag this Judgment!Kesho Matha Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Feb-27-2007
Reported in: [2007(2)JCR288(Jhr)]
1. The sole appellant Kesho Matha has preferred this appeal against the judgment and order dated 18.12.1995 passed by 1st Additional Sessions Judge, Godda in Sessions Trial No. 64 of 1994/28 of 1995 whereby and whereunder the appellant has been convicted under Section 328 of the Indian Penal Code and sentenced to undergo R.I. for 10 years. He has further been convicted under Section 302/120B of the Indian Penal Code and sentenced to R.I. for life on both counts and all the sentences to run concurrently.2. Brief facts leading to this appeal are that in the night of 14.12.1993 the informant PW 17 Srikant Tiwary, the Assistant Jailor of Godda Sub Jail was informed by PW 6 Head Warden that some jail inmates have fallen ill. According to the informant he along with PW 6 rushed to the premises of the jail and found that in ward No. 3, two prisoners, namely, Matal Tudu and Ram Bilash Singh were ill, to rush them to Godda Sadar Hospital. Immediately two other inmates Nuneshwar Yadav and Sheoji...
Tag this Judgment!The State of Jharkhand and ors. Vs. Radhey Shyam Prasad Singh
Court: Jharkhand
Decided on: Feb-26-2007
Reported in: [2007(114)FLR751]; [2007(2)JCR223(Jhr)]
M.Y. Eqbal, J.1. This appeal under Clause 10 of the Letters Patent is directed against the judgment dated 29.10.2004 passed in W.P. (S) No. 5705 of 2003 whereby the learned Single Judge allowed the writ petition and quashed the order as contained in Memo dated 8.9.2003 by which the salary of the respondent was stopped and also the order dated 9.2.2004 by which the services of the respondent was terminate on the ground that his appointment was found to be forged and illegal.2. The case of the respondent, inter cilia, was that he along with others was duly appointed against sanctioned and vacant Class-III post in the year 1984 vide Memo dated 15.12.1984 issued by the Civil Surgeon-cum-Chief Medical Officer, Ranchi. The respondent was, thereafter, sent for training from time to time and thereafter by order dated 5.8.1988 he was transferred to Pakuria in Sahibganj district. Two years thereafter on 2.3.1990, the respondent was informed that his appointment made in the year 1984 was illegal....
Tag this Judgment!Surendra Kumar Vs. State of Jharkhand, Through the Chief Secretary, Go ...
Court: Jharkhand
Decided on: Feb-26-2007
Reported in: [2007(3)JCR663(Jhr)]
Narendra Nath Tiwari, J.1. In this writ application the petitioner has prayed for quashing the Notification No. 1643 dated 30.12.06 issued by the respondent No. 2 whereby the petitioner has been transferred from the post of In-charge Assistant Commissioner of Excise, Bokaro to the Head Quarters at Ranchi as In-charge Assistant Commissioner of Excise on administrative grounds. The petitioner has also prayed for quashing the part of the order contained in Memo No. 1644 dated 30.12.06 whereby the respondent No. 3 (Chandra Mohan Shahni) has been transferred from the post of Excise Inspector, Palamau-Garhwa-Latehar to the same post at Bokaro and has also been asked to take the additional charge of Assistant Commissioner of Excise. According to the petitioner, the administrative ground assigned for his transfer is a mere camouflage and in fact he has been transferred and sent to the Head Quarters only in order to accommodate the respondent No. 3 who has also been asked to work as In-charge A...
Tag this Judgment!Manju Devi Jaiswal @ Manju Devi and ors. Vs. the State of Bihar
Court: Jharkhand
Decided on: Feb-26-2007
Reported in: 2007(2)BLJR1836
Dilip Kumar Sinha, J.1. The present Cr. Appeal is directed against the judgment of conviction of the appellants under Section 304B read with Section 120B I.P.C. and order of sentence passed against them whereby each of them have been directed to undergo rigorous imprisonment for a term of 10 years by the 3rd Addl. Sessions Judge, Dhanbad but without separate sentence under Section 120B I.P.C. in Sessions Trial No. 97/1993.2. The prosecution story lies in a narrow compass, based upon the statement of the informant P.W. 4 Ranjit Jaiswal presented before the Kenduadih Police, Dhanbad giving rise to Kenduadih P.S. Case No. 198/1992. The informant narrated in respect of a cognizable offence that his sister Geeta Jaiswal was burnt to death by her husband Dharmendra Jaiswal, father-in-law Ramchandra Jaiswal, elder brothers of her husband Lavkush Jaiswal, Nand Kishore Jaiswal, Kali Charan Jaiswal, Pancham Jaiswal and the wife of Pancham Jaiswal. The occurrence took place on 27.10.92 at about 1...
Tag this Judgment!Dr. S.S. Prasad Vs. Sumitra Devi
Court: Jharkhand
Decided on: Feb-26-2007
Reported in: 2007(2)BLJR1578; [2007(3)JCR562(Jhr)]
ORDER1. In the instant writ application under Article 226 of the Constitution India the petitioner has prayed for quashing the order dated 31st August 2005 passed by National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No. 1769/05 and also for quashing the order dated 2.5.2005 and 29.3.2000 passed by the State Consumer Disputes Redressal Commission in Appeal No. 162/04 and the District Consumer Disputes Redressal Forum, Ranchi in Complaint Case No. 84/96 respectively.2. The brief facts of the case are that respondent Smt. Sumitra Devi filed a complaint before the District Consumer Redressal Forum, Ranchi (in short District Forum) alleging that her husband was admitted in petitioner's Nursing Home, namely, Prasad Nursing Home on 5.5.1996 on the advice of the petitioner making allegation that a sum of Rs. 2200/- was deposited on the demand of the doctor. After taking the aforesaid amount, petitioner alleged to have demanded from the respondent, Rs. 3000/- more ...
Tag this Judgment!Steel Authority of India Ltd. Vs. Bibi Jan Bibi and anr.
Court: Jharkhand
Decided on: Feb-26-2007
Reported in: 2009ACJ1159; 2007(2)BLJR2073; [2007(3)JCR362(Jhr)]
M.Y. Eqbal, J.1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 filed by the appellant-Steel Authority of India Limited is directed against the judgment and order passed by the Deputy Labour Commissioner-cum-Commissioner Workmen's Compensation, Bokaro Steel City in W.C. Case No. 4/2002(C), whereby compensation under the Workmen's Compensation Act amounting to Rs. 2,71,120/- has been awarded to the claimant-respondents.2. The facts of the case lie in a narrow compass:Claimant/respondent No. l being widow of late Abid Ansari filed claim application before the Deputy Labour Commissioner, Workmen's Compensation Act, claiming therein that her late husband Abid Ansari was a workman having Staff No. m215585, working as Operator, Sintering Plant(O) in the Bokaro Steel Plant. Claimant's case was that her husband met with an accident on 24.5.2001 while he was returning after his G. Shift Duty. He fell down from the scooter near Bhasin Petrol Pump and sustained injuries on h...
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