Jharkhand Court March 2007 Judgments
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Dr. M. Mukhopadhyaya Vs. the State of Jharkhand and Shri R. Hota
Court: Jharkhand
Decided on: Mar-16-2007
Reported in: [2007(115)FLR177]; [2007(3)JCR465(Jhr)]; (2008)ILLJ322Jhar
D.G.R. Patnaik, J.1. Heard the partiesThe petitioner has invoked the inherent powers of this Court under Section 482 Cr. P.C. with a prayer for quashing the entire criminal proceedings against him vide P. C. Case No. 1/2002 corresponding to T.R. No. 1398 of 2002 presently pending in the Court of Shri A.K. Sinha, Judicial Magistrate, Bokaro as well as order dated 25.6.2002 passed by Chief Judicial Magistrate, Chas, whereby cognizance for the offence under Section 9(1) of the Payment of Gratuity Act. The primary ground, upon which the petitioner has realized is that the learned Magistrate before taking cognizance of the offence, had failed to apply his judicial mind and that the very initiation of the criminal proceeding against the petitioner by the complainant, without granting adequate opportunity to the petitioner for explaining the reason for nonpayment of gratuity amount, as laid down under the provisions of the Act is bad in law.2. For better appreciation of the grounds advanced, ...
Mansoor Mian and Hanif Mian and anr. Vs. State of Bihar (Now Jharkhand ...
Court: Jharkhand
Decided on: Mar-16-2007
Reported in: [2007(3)JCR468(Jhr)]
D.P. Singh, J.1. Criminal Appeal No. 6 of 1996 (R) has been preferred by the appellant Mansoor Mian and Criminal Appeal No. 146 of 1995 (R) has been preferred by the appellants Hanif Mian and Salim Mian against the judgment and order dated 9.11.1995 and 10.11.1995 passed by 1st Additional Sessions Judge, Giridih in Sessions Trial No. 154 of 1991 whereby and whereunder all the three appellants have been convicted under Section 302/149 of the Indian Penal Code and have been sentenced to undergo RI for life each. As both the appeals arises out of same impugned judgment, they have been heard together and being disposed of by this common judgment.2. The factual matrix leading to these appeals are that in the morning of 31.12.1990 the deceased Ramjan Mian has gone in the fields situated in Mauza Mangaso. P.S. Dhanwar, district Giridih to ease himself, he was encircled and assaulted by these appellants along with two others resulting in his death. According to prosecution case at about 6.45 a...
Satish Chandra Agarwal Vs. Dinesh Chandra Agarwal
Court: Jharkhand
Decided on: Mar-16-2007
Reported in: [2007(3)JCR545(Jhr)]
ORDERM. Karpaga Vinayagam, C.J.1. Satish Chandra Agarwal is appellant. His brothers, Dinesh Chandra Agarwal, Naresh Chandra Agarwal and Girish Chandra Agarwal are respondents.2. Shatrughan Prasad was the father of the appellant and respondents. After his death the appellant and respondents reached to an agreement for partition and allotment of share in the joint family properties and business on 28.11.1999. Besides some of the properties and share in the business allotted to Satish, appellant, it was agreed that Naresh and Dinesh, respondents 1 and 2 would pay Rs. 50 lakh to the appellant in lieu of the share in other properties.3. On the 14.9.2001 for giving effect to the agreement dated 28.11.1999, they entered into fresh agreement to refer to the arbitration without the consent of Satish, the appellant. However, during the course of the arbitration before the Sole Arbitrator, the appellant, on being informed about the said arbitration, sent a letter on' 24.9.2001 to the Arbitrator a...
Basant Singh Vs. the State of Jharkhand and Anjana Devi
Court: Jharkhand
Decided on: Mar-16-2007
Reported in: 2007(2)BLJR2013; [2007(3)JCR457(Jhr)]
D.G.R. Patnaik, J.1. Heard the parties.The petitioners have filed the instant application, invoking the powers under Section 482 Cr.P.C. for quashing the entire criminal proceedings in respect of Complaint Case No. 315 of 2001 (T. R. No. 1250 of 2002) and also the order dated 30.1.2002 passed by the learned Sub-Divisional Judicial Magistrate, Bokaro whereby summons were issued to the petitioners directing them to face trial for the offence under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The aforesaid order has been assailed mainly on the ground that the trial court has erred in taking cognizance of the offences beyond the period of limitation as prescribed under the Code of Criminal Procedure and also on the additional ground that even on the basis of the allegations in the complaint petition as made by the opposite party No. 2, no offence whatsoever is made out against the petitioner and further, that the allegations being essentially in relatio...
Gita Enterprises, a Partnership Firm Vs. the Union of India (Uoi), Thr ...
Court: Jharkhand
Decided on: Mar-15-2007
Reported in: AIR2007Jhar92; 2007(2)CTLJ415(Jhar); [2007(3)JCR382(Jhr)]
R.K. Merathia, J.1. Heard the parties for final disposal.2. According to the petitioner, the Railways-respondents cannot recover royalty charges from the running or final bill or from the security deposit, and they cannot withhold payment of final bill/release of security deposit for want of Royalty Clearance Certificate inasmuch as petitioner is merely purchasing and supplying stone ballasts. Petitioner has further prayed to declare Clause 5 and Clause 6 of the agreement on the ground that they are unenforceable as opposed to public policy and violative of Article 14 of the Constitution.3. On 29.3.2005, petitioner entered into an agreement with the respondents for supply of stone ballasts. Clause 5 and 6 of the agreement reads as follows:5. Royalty charges, at the rate prescribed from time to time, will be recovered from the contractor's each and every on account bill and final bill of supply for the supplied ballast at the rate notified by the concerned State Govt. (mining authoritie...
Babua Hansda Vs. State of Jharkhand
Court: Jharkhand
Decided on: Mar-15-2007
Reported in: [2007(4)JCR489(Jhr)]
1. This appeal is directed against the judgment and order of conviction and sentence of the appellant by the 1st Addl. Sessions Judge, Godda, in Sessions Trial No. S.T. No. 10 of 1995/53 of 1995. whereby the appellant has been convicted for offence under Section 302, IPC and sentenced to undergo imprisonment for life.2. Brief facts of the case is that on the night of 31.10.1994. the informant Suraj Murmu, (PW 1) a neighbouring resident of the appellant, heard noises from the house of the appellant. He rushed to the house where he found the appellant's mother lying injured, in a precarious condition, and he saw the appellant offering water to the injured lady. A few moments later, the injured lady died at the spot itself. It is claimed that the appellant made an extrajudicial confession before the informant, as also before the other co-villagers, who had arrived at the place of the occurrence, admitting that he had assaulted his mother and the reason for assault was a quarrel between hi...
Radhey Biscuits Pvt. Ltd. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-14-2007
Reported in: 2007(2)BLJR1921; [2007(3)JCR85(Jhr)]
ORDERPermod Kohli, J.1. Petitioner was granted separate licenses for country liquor and spiced country liquor vends in the district of Dhanbad, constituting Group-I and also for Indian made Foreign Liquor etc., constituting Group-II for the period commencing from 15th December, 2004 to 31st March, 2005. These licenses were granted pursuant to acceptance of bid of the petitioner. This grouping was constituted pursuant to State Government's Excise Policy formulated in the year, 2004. Under this policy, all retail country liquor and spiced country liquor shops, falling within a district, were clubbed in one group and all retail Indian made foreign liquor, wine and beer shops in another group. Settlement of the shops in Group-I and Group-II for grant of licenses was made through auction-cum-tender notice issued in Form-127.2. After expiry of the period, these licenses were renewed for next financial year, ending on 31st March, 2006. It is the case of the petitioner that it applied for surr...
Etwa Uraon and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-14-2007
Reported in: [2007(3)JCR64(Jhr)]
D.P. Singh, J.1. All the appellants stand convicted for the offence punishable under Sections 148/323 and 304 read with Section 149 of the Indian Penal Code and sentenced to serve rigorous imprisonment for one year and five years respectively, by the 3rd Additional Sessions Judge, Chaibasa in Sessions Trial No. 219 of 1987.2. Brief facts leading to this appeal are that on 3.11.1986, informant Mango Uraon was sitting in front of his house situated in Mauza Pradhanpali when accused Soma Uraon (since dead) came there and asked him to compromise the case pending between them. As further stated, when the informant replied that he. will think over it, altercation started. In the meantime, the appellants along with others arrived at the place of occurrence armed with lathi and danda and started assaulting Mango Uraon and deceased Bishram Kujur who came to his rescue. The appellants fled away when the villagers started arriving. In the meantime, Bishram Kujur having received head injuries was ...
Ram Chandra Yadav and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Mar-14-2007
Reported in: [2007(3)JCR29(Jhr)]
D.P. Singh, J.1. All the appellants stand convicted for the offence punishable under Sections 147 and 323 of the Indian Penal Code and sentenced to serve rigorous imprisonment for one year on each count, by the 5th Additional Sessions Judge, Giridih in Sessions Trial No. 1 of 1995.2. Brief facts leading to this appeal are that 23.9.1992, informant Dwarika Yadav while moving around his fields, found all the appellants making drain his field situated in Mauza-Govinddih to irrigate there own paddy fields. According to the informant, he protested, on which the appellants abused and assaulted him variously. The informant raised alarms on which other witnesses arrived but they were also assaulted resulting in severe injuries.3. The injured persons were removed to Birni Hospital for their treatments where A.S.I., Rajaram Singh, O/C Birni Police recorded the statement of informant at 12.00 noon. Birni Police Station Case No. 101 of 1992 under Sections 147, 148, 149, 323 and 307 of the Indian P...
Satya Narayan Singh Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Mar-14-2007
Reported in: [2007(4)JCR433(Jhr)]
R.K. Merathia, J.1. Heard.2. Mr. Krishna appearing for the petitioner submitted as follows. The enquiry report dated 3.7.1996 (Annexure-12) and the order of punishment dated 12.12.1996 (Annexure-16) are illegal as the relevant documents were not supplied to the petitioner due to which he could not defend himself effectively. There was nothing before the Enquiry Officer to substantiate the charges No. 1 and 2. Challenging the order dated 5.3.2005 passed by the Forest Department of Government of Bihar, by way of amendment petition (I.A. No. 724 of 2006). he submitted that firstly the Government of Bihar had no jurisdiction to pass order of punishment after creation of Jharkhand and moreover petitioner was not heard before enhancing the punishment. He further submitted that trough criminal case was lodged against 17 employees including the petitioner but departmental proceeding was initiated only against few persons. He further submitted that no order for recovery of money has been passed...
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