Jharkhand Court February 2007 Judgments
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The State of Bihar (Now Jharkhand) Vs. Vijay Kumar Thakur and Jawahar ...
Court: Jharkhand
Decided on: Feb-26-2007
Reported in: 2007(2)BLJR1833; [2007(3)JCR23(Jhr)]
D.P. Singh, J.1. The present appeal has been preferred by the State of Bihar (now Jharkhand) against the order of acquittal dated 23.11.1996 passed by learned Sub-Divisional Judicial Magistrate, Khunti, Ranchi in G.R. Case No. 601 of 1990 Tr. No. 287 of 1996, by which the respondents were acquitted of the charges under Sections 408, 409, 420 and 120B of the Indian Penal Code.2. Brief facts leading to this appeal are that the respondents were serving in Regional Gramin Bank, Murhu Branch, Ranchi as Branch Manger and the Cashier respectively on 18.6.1990. According to the prosecution case on that dale Rs. 10,000/- was withdrawn from said branch of this Bank to be deposited in Bank of India, Khunti Branch through debit voucher by the cashier, Jawahar Swansi, with permission of respondent Vijay Kumar Thakur, the Branch Manager. However, that amount was never deposited in Khunti Branch of Bank of India. As such, the said amount has been defalcated; misappropriated resulting in cheating of t...
Shiv Charan Maraya Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-26-2007
Reported in: [2008(1)JCR105(Jhr)]
ORDERR.K. Merathia, J.1. Petitioner claiming to be the Secretary of Baghpag Damin High School, Bansjori has filed this writ petition for a direction upon the respondents to take over/nationalise the said School in accordance with the relevant rules and procedure.2. Counsel for the State submits that the said school is not a Project School and the same has not been recognised by the State Government. He further submits that another project, school namely Prithvi Chand Kisku High School Kauwadhab and the present school are situated within the distance of 1/2 kilometre. Therefore, State Govt, decided on 3.12.1982 to recognize only the said school namely Prithvi Chand Kisku High School, Kauwadhab and it was decided to transfer the Baghpag Damin High School, Bansjori elsewhere.3. Counsel for the petitioner submits that petitioner is a Project School and now it has been shifted to a place situated more than four kilometres from the said Prithvi Chand Kisku High School, Kauwadhab.4. In the ci...
Mustafa Quraishi Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-23-2007
Reported in: 2007(2)BLJR1259; [2007(3)JCR496(Jhr)]
M. Karpaga Vinayagam, C.J.1. Mustafa Quraishi, the petitioner herein, seeking for a declaration that the provisions contained in Sections 3, 5, 6, 7 and 14 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005, (herein after called as Jharkhand Act, 2005) are ultra vires to Article 19(1)(g) and Article 21 of the Constitution of India, has filed this writ application before this Court.2. The short facts leading to the filing of the writ application are as follows:In the State of Bihar, before bifurcation of the State of Jharkhand, Bihar Preservation and Improvement of Animal Act, 1956, (hereinafter called as the Bihar Act; 1956) was enforceable. Even after enactment of the Bihar Re-Organization Act, 2000, by which the State of Jharkhand has been bifurcated, the Bihar Act, 1956 was applicable to the entire area of Jharkhand in view of Section 85 of the Reorganization Act. Under the Bihar Act, 1956, the legislature sought to prohibit slaughter of cow or its progeny in entirety...
State of Bihar (Now Jharkhand) and ors. Vs. Sita Ram Kumhar @ Kumar
Court: Jharkhand
Decided on: Feb-23-2007
Reported in: [2007(3)JCR570(Jhr)]
ORDERPermod Kohli, J.1. This Letters Patent Appeal is directed against the orders dated 28th July, 1997 and 10th November, 2003, passed in C.W.J.C. No. 2776 of 1994 and Civil Review No. 1 of 2000 respectively. Earlier the present appeal was dismissed on account of rejection of the application for condoning the delay of 6 years, 7 months and 10 days vide order dated 20th December, 2004. This order, however, has been set aside by the Apex Court in Civil Appeal No. 3912 of 2006 vide its order dated August 25, 2006 and the matter has been remitted back to this Court with the observation that the matter should be heard on its own merit after condoning the delay. Hon'ble Apex Court has also imposed cost of Rs. 5,000/- to be paid to the respondent. Learned Counsel appearing for the respondent-writ petitioner has admitted that his client has received the cost of Rs. 5,000/-. Under these circumstances we have condoned the delay by a separate order.2. We have heard learned Counsel appearing for ...
Rajendra Prasad Singh Vs. the State of Bihar Now Jharkhand
Court: Jharkhand
Decided on: Feb-23-2007
Reported in: 2007(2)BLJR1845; [2007(3)JCR57(Jhr)]
R.R. Prasad, J.1. The sole appellant was put on trial to face charges under Section 7 as well as under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act on the allegation that the appellant being a public servant demanded and accepted illegal gratification of Rs. 500/- as reward for doing official act. The trial court having found the appellant guilty for the said charges sentenced him to undergo rigorous imprisonment for two years each for the offence under Section 7 of the Prevention of Corruption Act as well as under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. He was further sentenced to pay a fine of Rs. 1000/- for an offence under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act and in default to undergo for further rigorous imprisonment for six months. Both the sentences were ordered to be run concurrently.2. The complainant Mukhlal Nonia (P.W.1) working as a Loader in Kachhi Balihari Collier...
Sedmal Modi Vs. Shiv Shankar Prasad Yadav and ors.
Court: Jharkhand
Decided on: Feb-23-2007
Reported in: [2007(4)JCR374(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ application under Article 227 of the Constitution of India, the petitioner who is the plaintiff has prayed for quashing the order dated 16.11.2006 passed by Sub-Judge, I Dumka in Title Suit No. 23/96 by which he has rejected the petition filed by the petitioner for grant of leave for tendering some relevant documents into evidence and for recalling PW 1 for his re-examination in order to prove the documents.2. The aforesaid petition was opposed by the defendants on the ground that the documents sought to be tendered into evidence are forged and anti-dated documents and the same could not be filed within the reasonable time although it was within the knowledge of the plaintiff-petitioner.3. The Court below rejected the prayer of the petition on the ground that 30.1.1997 was the date fixed for filing of the documents and the list of witnesses but the documents were not filed by the date fixed and, thereafter the witnesses were examined.4. I have heard l...
The State of Jharkhand Through the Divisional Forest Officer, Dhanbad ...
Court: Jharkhand
Decided on: Feb-22-2007
Reported in: [2007(3)JCR503(Jhr)]
D.K. Sinha, J.1. This appeal under Clause 10 of the Letters Patent at the instance of the State of Jharkhand is directed against the order dated 13.7.2006 passed in C.W.J.C.No. 2067/1999(R) whereby the learned Single Judge allowed the writ petition by quashing the order dated 12.12.1998 passed in Confiscation Case No 7/1998 and appellate order dated 7.7.99 passed in Confiscation Appeal No. 1/1999 and directed the appellants herein to calculate the value of the seized timber (Except the timber claimed by one Tahir Ali Ansari) on the basis of rate per cubic feet at which the timbers were being sold by the Forest Department and to pay the said amount to the petitioner-respondent within two months along with interest @ 6% p.a.2. It is relevant to mention that 332 logs were seized from the saw mill of the respondent and a confiscation proceeding was initiated under Section 13 of the Bihar Saw Mills (Regulation) Act, 1990.3. The brief fact of the case is that on 4.7.1998 raid was conducted i...
Deena Nath Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-22-2007
Reported in: [2007(4)JCR407(Jhr)]
Narendra Nath Tiwari, J.1. In this writ petition, the petitioner has prayed for quashing the order No. 16 dated 15.1.2007 (Annexure-5), whereby the petitioner's transfer has been sought to be stayed after the order of transfer was implemented and the petitioner joined at the transferred place. It has been stated that the petitioner was posted as Junior Engineer at Lapung in Regional Engineering Organization, Khunti Division, Ranchi and after completion of three years, he was transferred and posted as Junior Engineer at Karra, whereas respondent No. 6, Kaushal Kumar, who was posted as Junior Engineer at Karra and has also completed three years, has been transferred from Karra to Lapung. The petitioner was relieved from Lapung and joined at the place vacated by respondent No. 6 at Karra and his joining was accepted by the Executive Engineer, R.E.O., Khunti Division by his letter No. 1 dated 2.1.2007. It has been stated that the process of the transfer was complete by joining the petition...
State of Bihar (Now Jharkhand) and ors. Vs. Mumtaz Ahmad
Court: Jharkhand
Decided on: Feb-22-2007
Reported in: [2007(3)JCR502(Jhr)]
1. On the face of it, we are of the view that the remand order dated 2nd August, 2004, passed by the learned Single Judge suffers from infirmity. In fact, there is no dispute in the fact that the enquiry officer gave a finding that all the three charges have been proved. The disciplinary authority inflicted punishment of dismissal from service mainly on the 3rd charge, namely, the constable-delinquent having illicit relationship with another lady-constable. The learned Single Judge was under impression that the punishment of dismissal was given for the charge that the constable-delinquent married another lady while his marriage with first wife is already subsisting, without obtaining permission from the department.2. From the enquiry report as well as the report of the disciplinary authority and the appellate order it is clear that the 3rdcharge only relates to illicit relationship of the constable-delinquent with another lady and punishment was given only for that charge. Therefore, i...
Bhadra Dehri Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Feb-22-2007
Reported in: 2007(2)BLJR1587; [2007(3)JCR506(Jhr)]
1. Sole appellant Bhadra Dehri stands convicted for the offence punishable under Sections 436 and 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code, by the 1st Additional Sessions Judge, Dumka in Sessions Case No. 324 of 1993.2. Brief facts leading to this appeal are that in the night of 17.5.1993 at about 11.00 P.M., the informant (P.W.1) woke up on hearing 'hulla' to find that the house of the appellant was burning. He along with other villagers, P.W.2, P.W.3, P.W.4 and P.W.5, rushed to the place of occurrence to further find that the appellant was carrying an axe and the dead body of his wife Chatur Dehrian having her head severed was lying on cot. According to the informant, the appellant was threatening any one coming near to him saying that he has sacrificed the lady to please his forefathers. The villagers keeping watch over the appellant called the village Chowkidar. However, due to fear no one came n...
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