Jharkhand Court February 2007 Judgments
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Ajit Prasad Verma and ors. Vs. the State of Jharkhand Through the Law ...
Court: Jharkhand
Decided on: Feb-21-2007
Reported in: 2007(2)BLJR1340
1. All the petitioners were appointed to the post of Munsifs in the year 1980 to 1983. They were promoted to the post of Sub-Ordinate Judges in between 1998 and 1999. On the basis of the recommendation dated 20.10.2001, the petitioners were promoted and appointed as Additional District & Sessions Judges on ad hoc basis by virtue of the notification dated 14.12.2001. Next day, i.e. on 15.12.2001, respondent Nos. 4 to 20 were directly recruited to the post of Additional District & Sessions Judges. On 6.9.2002, High Court issued provisional list of seniority of the Judicial Officers showing the petitioners senior to the respondent Nos. 4 to 20. Thereafter on 29.11.2002, High Court issued a revised working list of Officers inviting objections from the Judicial Officers with regard to their inter se seniority. On 29.7.2003, the final seniority list was published showing the respondent Nos. 4 to 20 as senior to the petitioners even though they were shown as senior to the respondent Nos. 4 to...
Dipali Chakraborty and ors. Vs. Sri J.K. Prasad and anr.
Court: Jharkhand
Decided on: Feb-21-2007
Reported in: 2008ACJ742; [2007(3)JCR573(Jhr)]
1. Heard the counsel for the appellants and the learned Counsel appearing on behalf of the owner of the vehicle. No one appears on behalf of the Insurance Company.2. This appeal by the claimants-appellants has been filed for enhancement of compensation amount. The claimants are the widow and sons of the deceased, late Hrishikesh Chakravorty. On 8.01.1996 while the deceased was going to take tea in a nearby tea shop at Lohardaga, all of a sudden, a truck bearing registration No. BHB-5121 which was being driven rashly and negligently in a high speed, came and dashed the deceased crushing him as a result of which the deceased died at the spot.3. In the claim petition the claimants- appellants stated that the deceased was Assistant Station Master at Lohardaga and he was getting salary of Rs. 5020/-. He was aged 55 years. The claimants, therefore, claimed compensation to the tune of Rs. 10 lacs. The claim case was contested by the Insurance Company by filing written statement disputing the ...
Lenga Kudada Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Feb-21-2007
Reported in: [2007(3)JCR643(Jhr)]
1. Sole appellant Lenga Kudada stands convicted for the offence punishable under Section 224/302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code, by the 1st Additional Sessions Judge, Singhbhum West, Chaiabasa in Sessions Trial No. 206 of 1998.2. Brief facts leading to this appeal are that the appellant along with one Deori Chatter was serving sentence in Chaibasa District Jail after having been convicted for offence under Section 307 of the Indian Penal Code. According to the prosecution case, on 20.12.1987, the appellant along with said Deori Chatter was confined in a Cell Unit where deceased Gulab Chandra Prasad was posted as Warden. The informant (PW 9) Ram Narayan Pandit while taking round of the whole premises at about 2.15 p.m., reached near the Cell in which the appellant was confined. According to him, he called out Gulab Chandra Prasad for getting the report and not getting response, reached at ...
Ramlal Sardar and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Feb-21-2007
Reported in: [2007(3)JCR494(Jhr)]
1. All the three appellants have preferred this appeal against the judgment and order dated 6.6.1995 passed by Additional Sessions Judge, Saraikela in Sessions Trial No. 139 of 1988 whereby and whereunder all the three appellants have been convicted under Section 302/34 of the Indian Penal Code in addition to that appellant No. 1 has also been convicted under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code and other two appellants have been sentenced to undergo imprisonment for life under Section 302/34 of the Indian Penal Code. No separate sentence has been passed against appellant Ramlal Sardar under Section 302/34 of the Indian Penal Code.2. Brief facts leading to this appeal are that in the after noon of 23.10.1987 the deceased Bibhisan Sardar had entered in exchange of hot words with appellant Ramlal Sardar in the front of house of Ghasi Ram situated in Mauza Chotadhawla Dih P.S. Seraikella. Fu...
Bhakti Bala Dasi Vs. Baldeo Pandit and ors.
Court: Jharkhand
Decided on: Feb-21-2007
Reported in: [2007(4)JCR409(Jhr)]
D.P. Singh, J.1. This appeal has been preferred by the complainant Bhakti Bala Dasi against the acquittal of the respondents made accused by her in Complaint Case No. 15/91.. 2. Brief facts leading to this appeal are that the appellant has lodged a complaint case against her husband Baldeo Pandit and 18 others alleging therein that she has been neglected and left by respondent Baldeo Pandit for last six years, as she was issueless. She further asserted that she was living with her father for last one year, when she came to know that her husband has married with one Champa Devi with active support of other respondents. This complaint was lodged before ACJM Jamtara on 15.1.1991. According to her version, the marriage has taken place in the night of 14/15th December, 1990. The learned ACJM, took cognizance in the case for the offence under Sections 494 and 109, IPC against the respondents. However, after trial the learned trial Court found and held that the complainant has failed to prove...
Court on Its Own Motion Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-20-2007
Reported in: 2007(2)BLJR1363
1. Dr. S.C. Mishra is the Chief Medical Officer working in Dr. Ram Manohar Lohia Hospital, New Delhi. His son Abhishek Mishra was studying in B.I.T., Mesra, Ranchi, Jharkhand.2. On 08.12.2006, he received a telephone call from one Ragini, the daughter of Shri Laloo Prasad Yadav, Union Railway Minister, who is also studying in same college and a college friend of his son, informing him that Abhishek his son got drowned in Dassam Fall.3. Then the parents of the deceased as well as the relatives of the deceased took flight and came to the spot on 09.12.2006, only on the next day.4. The body was fished out from Dassam Falls. He found serious cut injuries on the body of the deceased. Without conducting any investigation as to real cause of death, the police hurriedly made an announcement that death was due to drowning.5. He was informed that Ragini Kumari and two other friends, who accompanied to Dassam Falls, were taken to the Chief Minister's House on 08.12.2006 night. Thereafter, they we...
Kaila Mandal Vs. Central Coal Field Limited, Through Its Chairman-cum- ...
Court: Jharkhand
Decided on: Feb-19-2007
Reported in: [2007(3)JCR82(Jhr)]
Narendra Nath Tiwari, J.1. In this writ application the petitioner has prayed for a direction on the respondents to accept his date of birth as 16.9.1949 which has also been mentioned in the Sirdar's certificate for correcting and replacing the date of birth mentioned in the service sheet by 16.9.1945.2. It has been stated that the petitioner was initially appointed on 24.6.1968 as Mazdoor, P.R. Loader and was posted at Jarandih C.C.L. The petitioner was promoted as Mining Sirdar on 8.5.1987 and was transferred to Swang Colliery, C.C.L, Kathara Area. The petitioner was then transferred to Govindpur Project in 1988 and since then he had been performing his duties as such the petitioner had given his date of birth as 16.9.1949 at the time of his initial appointment. He had also submitted the relevant document in support of the said date of birth in the year 1981. The petitioner was also sent for medical examination for determination of his date of birth by a Medical Board and the said Bo...
Shiv Kumar Singh Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-19-2007
Reported in: 2007(2)BLJR1128; [2007(2)JCR243(Jhr)]
Narendra Nath Tiwari, J.1. In this writ application the petitioner has prayed for quashing the Letter No. 4904 dated 9.10.06 (Annexure-4) issued under the signature of the Secretary, Department of Forest and Environment, Government of Jharkhand whereby the said authority has stayed operation of the decision taken by the Parshad Mandal of the Jharkhand State Pollution Control Board, Ranchi in its 12th meeting dated 28.7.06 by which the age of superannuation of its officers and employees was enhanced from 58 years to 60 years in accordance with the Resolution No. 5826 dated 26.10.04 of the Department of Personnel Administrative Reforms and Rajbhasa, Government of Jharkhand. The petitioner has also prayed for quashing the Notification No. 385 dated 22.1.06 (Annexure-18) issued during the pendency of the writ application under the Signature of the Deputy Secretary, Department of Forest and Environment, Government of Jharkhand, whereby the decision taken by the Jharkhand State Pollution Con...
Arvind Kumar Tiwary Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-17-2007
Reported in: [2007(4)JCR196(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ petition, the petitioner has prayed for quashing the part of Tender Notice No. 1 of 2006-07, contained in Annexure-6, issued by the Engineer-in-Chief, Drinking Water and Sanitation Department. Government of Jharkhand, Ranchi, inviting tender for construction of Tube well in various circles' throughout the State of Jharkhand. The petitioner is particularly aggrieved by insertion of Clause 9 in the tender notice, whereby the registered contractors of the department, who are in the field for quite long period, are required to submit their working experience of the similar nature of work in one year for the last three years of equivalent value or more to the work value advertised, whereas the new entrants i.e., newly registered contractors have been exempted from furnishing any working experience.2. It has been stated that the work of several circles has been clubbed together by increasing the work value, so as to debar the local contractors of ...
Prasadi Mahto @ Talo Mahto and Taleshwar Mahato Vs. the State of Jhark ...
Court: Jharkhand
Decided on: Feb-15-2007
Reported in: 2007(2)BLJR1138
D.K. Sinha, J.1. The petitioners have invoked the inherent jurisdiction under Section 482 of the Code of Criminal Procedure for quashment of the impugned order dated 27.9.2005, whereby cognizance of the offence has been taken under Sections 3/4/5 of Explosive Substance Act (hereinafter referred to as the Act) by the Chief Judicial Magistrate, Hazaribagh and further quashment of the entire criminal proceeding of the petitioners in S.T. No. 469 of 2005 arising out of Bishnugarh P.S. case No. 56 of 2005 corresponding to G.R. No. 2500 of 2005 now pending in the court of Addl. Sessions Judge, F.T.C. No. VI Hazaribagh.2. The prosecution story lies in a narrow compass. The informant, Officer In-charge of Bishnugarh Police station, presented a written statement before the Chief Judicial Magistrate, Hazaribagh narrating therein that pursuant to the telephonic massage received from the Superintendent of Police, Hazaribagh on 29.7.2005 that the M.C.C. extremists were to observe the 'Martyr Week' ...
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