Jharkhand Court February 2007 Judgments
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Vinay Kumar Dubey and anr. and Dinesh Kumar Dandpat and ors. Vs. State ...
Court: Jharkhand
Decided on: Feb-15-2007
Reported in: [2007(4)JCR33(Jhr)]
ORDERRamesh Kumar Merathia, J.1. Both the writ petitions have been heard together and are being disposed of by this common order.2. These two writ petitions have been filed against the orders passed by the Director, Primary Education, Jharkhand by which he directed the District Superintendent of Education to post the petitioners in Nationalised Elementary Schools.3. Mr. Rajendra Singh, learned senior counsel appearing for the petitioners submitted that though the petitioners were recommended by the Bihar Public Service Commission, Patna for appointment in Nationalised Elementary Schools but they were appointed in the Government Basic Schools. The cadres of both the schools are different. He further submitted that the cadre of Basic Government School is a Divisional Cadre whereas the cadre of Nationalised Elementary Schools is a District Cadre. He further submitted that some orders were passed by the respondents concerned transferring some teachers from one cadre to another including so...
Shrikrishna Prasad Sinha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-15-2007
Reported in: [2008(2)JCR382(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ application the petitioner has prayed for quashing the order dated 11.10.2006 (Annexure-7) whereby the petitioner has been transferred in the light of the letter No. 2520 dated 31.8.2006 (Annexure-6). The grievance of the petitioner is that the order issued by Annexure-6 is based on some allegations against the petitioner and on the basis thereof, the petitioner has been recommended to be transferred outside Ranchi by way of punishment without giving opportunity of proper hearing to the petitioner and without any application of mind on his reply to show-cause.2. A counter-affidavit has been filed on behalf of the respondents clearly stating, inter alia, that the petitioner has been transferred by way of punishment for his own fault on violation of the condition of the permission granted by the Government. It has been stated that the show cause was asked from the petitioner and on consideration of the show cause reply submitted by the petitioner, the ...
Parasnath Rai @ Prof. Parasnath Rai Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Feb-14-2007
Reported in: 2007CriLJ3094
D.G.R. Patnaik, J.1. The petitioner, in the instant application under Section 482 of the Code of Criminal Procedure, has prayed for quashing the order dated 13.11.2006 passed by the learned Chief Judicial Magistrate, Sahebganj in G.R. No. 305 of 2005 arising out of Sahebganj (T) P.S. Case No. 131 of 2005, whereby the learned Magistrate took cognizance of the offences under Sections 147, 148, 149, 341, 323, 326, 335 and 307 of the Indian Penal Code and under Section 27 of the Arms Act against the petitioner and other persons, although the investigating officer by virtue of the charge sheet submitted by him, did not recommend the petitioner for trial for the aforesaid offences.2. Facts of the case registered on the basis of the fardbeyan of the informant Badri Narayan Pandey on 1.9.2005 is that on the alleged date of occurrence while the informant was proceeding on his motorcycle and when he reached near Dipti Mission, two persons namely, Gautam Rai and Mahesh Rai signalled him to stop, ...
Abhay Kumar Shroff Vs. Commissioner of Income Tax and ors.
Court: Jharkhand
Decided on: Feb-14-2007
Reported in: 2007(2)BLJR1552; (2007)210CTR(Jharkhand)602; [2007]290ITR114(Jharkhand); [2007(3)JCR264(Jhr)]
ORDERM.Y. Eqbal, J.1. The petitioner who is the assessee has prayed for quashing the impugned notice purportedly issued under subsection (1) of Section 142 of the Income Tax Act 1961 (in short the Act) and for a direction upon the respondents not to continue with the assessment proceeding in respect of the assessment year in question. By amendment petition dated 8.1.2007 the petitioner have also prayed for quashing the order of assessment and demand notice and show cause notice issued by the Assistant Commissioner of Income Tax in respect of the assessment year 2004-05 which was pending on the date of filing of the writ petitions.2. The brief facts of the case are that the petitioner filed his income tax return voluntarily under Section 139(1) of the Act alongwith their profit and loss account drawn for the financial year ending 31st March 2004. After the return was filed on 17.5.2004 the petitioner's authorized representative appeared before respondent no. 3, the Assistant Commissione...
Ajay Kumar Jalan @ Ajay Jalan Vs. the State of Jharkhand and anr.
Court: Jharkhand
Decided on: Feb-13-2007
Reported in: [2007(2)JCR286(Jhr)]
D.K. Sinha, J.1. The petitioner Ajay Kumar Jalan @ Ajay Jalan has preferred two petitions one under Sections 397/401 Code of Criminal Procedure and another under Article 226 of the Constitution of India which are directed against the common order impugned passed by Shri Sanjay Kumar Chandriyavi, Additional Sessions Judge, F.T.C. No. VI, Giridih in Cr. Revision No. 154/03 and Cr. Revision No. 161/03, decided by a common order dated 19.3.04 whereby and whereunder the petition filed by the petitioner Ajay Kumar Jalan @ Ajay Jalan for the release of the edible oils in his favour was rejected and the same was directed to be delivered to the O.P. No. 2 M/s Mahesh Edible Oil Industries Limited on furnishing bonds of Rs. 7,00,000/-.2. In the writ petition as well as in the Cr. Revision the relief sought for are common and to quote:Pending final hearing of this application, the operation of order dated 19.3.2004 passed by Shri Sanjay Kumar Chandriyavi, Additional Sessions Judge, F.T.C. VI, Giri...
Samir Gupta Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Feb-13-2007
Reported in: 2007(2)BLJR881; [2007(2)JCR283(Jhr)]
D.K. Sinha, J.1. The petitioner, above named, has preferred this petition under Section 482 of the Code of Criminal Procedure for quashment of the entire criminal prosecution arising out of C.P. Case No. 276 of 2004 including the impugned order dated 10.1.2005, whereby and whereunder, cognizance of the offence under Section 138 of the Negotiable Instrument Act, 1881 (in short N.I. Act) was taken against him, presently pending in the court of Judicial Magistrate, 1st Class, Bokaro.2. The prosecution story as contained in C.P. Case No. 276 of 2004 in brief is that the opposite party No. 2-complainant being a business man rendered service to the company of the petitioner, 'Samteeh Infonet Ltd' and had done development work as promoter in the said company within the territory of the State of Jharkhand. The accused- petitioner, Samir Gupta was the Director whereas the accused No. 2 Alok Gupta was the Managing Director of the said company (in short S.I Ltd.). It is stated further in the comp...
Umeshwar Upadhyay Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-13-2007
Reported in: 2007(2)BLJR1093; [2007(2)JCR221(Jhr)]
ORDERLPA No.456 of 20041. The appellant in this appeal is a Constable, who has joined the service in the year 1980. On 18.1.2002 he was entrusted with the work of escorting three under trial prisoners from court Hazat to produce them before the respective courts. After production these three persons with the handcuff and also tied with rope were being brought back to the court Hazat. At about 3.30 p.m., while they were coming back, one person, namely, Akhilesh Singh, managed to remove the handcuff as well as the rope tied with hands and escaped. The delinquent-appellant was not able to chase him because he was having the ropes tied with the hands of the other persons. Therefore, he immediately took both of them to court Hazat and handed over them to the custody of Havildar Laldeo Singh . Immediately information was given to the Jail Superintendent. On the basis of that information given by Havildar Laldeo Singh, a case was registered against the said accused, Akilesh Singh, for the off...
Basant Lal Barnwal and anr. Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Feb-13-2007
Reported in: 2007(2)BLJR1562
D.K. Sinha, J.1. The present Cr. Revision Application is directed against the order impugned passed by the Special Judge, Bokaro in G.R.No. 398/05 arising out of Chas P.S. Case No. 66/05 registered under Section 21, 22, 26 and 27 N.D.P.S. Act on 7.7.2006 whereby and whereunder the petition filed under Section 227 of the Code of Criminal Procedure for the discharge of the petitioners was rejected and a date was fixed for framing of charge against the petitioners for the offence under Section 22 of the N.D.P.S. Act for contravention of the provisions in relation to psychotropic substances.2. The prosecution story lies in a narrow compass.3. The Chas police intercepted six persons on tip off from a public lane on 16.4.2005 who were addicted in common habit of taking 'Fortwin' injections with the help of disposable syringes having its popular brand name 'Pentazocine'. On such arrest all the six, confessed having been habitual of taking such psychotropic drugs and further admitted having pu...
Guna @ Gunadhar Mahato and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Feb-13-2007
Reported in: [2007(3)JCR461(Jhr)]
1. All the appellants stand convicted for the offence punishable under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 250/- each, in default thereof to further undergo simple imprisonment for fifteen days and appellant Guna @ Gunadhar Mahato stands further convicted under Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months, by the 12th Additional Sessions Judge, Dhanbad in Sessions Trial No. 280 of 2000. However, the sentences were ordered to run concurrently.2. Factual matrix leading to this appeal are that one Paltan Mahto was sitting outside his house situated in Mauza Bhela Tanr, Police Station-Barwadda, Govindpur, district-Dhanbad in the afternoon of 16.4.1999, when all of a sudden, the appellants arrived armed with hockey stick and lathi, and started assaulting him. The deceased raised alarms on which, informant (PW 7) Chhumia Devi, her daughter (PW 2) and daug...
Satyanarayan Rao Vs. M. Prasad Rao @ M. Rao
Court: Jharkhand
Decided on: Feb-13-2007
Reported in: [2007(3)JCR561(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard Mr. P.K. Bhowmik, learned Counsel appearing on behalf of the petitioner and Mrs. A.R. Choudhary appearing on behalf of the respondent.2. In this writ application under Article 227 of the Constitution of India, the petitioner, who is the defendant in the suit, has prayed for quashing the order dated 27.2.2006 passed in Money Suit No. 14/2002 whereby the Subordinate Judge, Jamshedpur refused to send the document for examination by handwriting expert.3. From perusal of the order it appears that the Court below rejected the application mainly on the ground that the evidence of the defendant was closed and thereby he lost the opportunity to get the document examined by a handwriting expert.4. It appears that the plaintiff-respondent filed the aforesaid Money Suit No. 14/2002 in the Court of Sub-Judge, Jamshedpur for a decree of realisation of Rs. 2,05,000/- on the ground, inter alia, that the defendant borrowed a sum of Rs. 1.5 lacs from the plaintiff at the time...
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