Jharkhand Court March 2007 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Tilak Raj Tandon, Vs. Basudha Coke (India) Pvt. Ltd.
Court: Jharkhand
Decided on: Mar-13-2007
Reported in: [2007(3)JCR581(Jhr)]
M.Y. Eqbal, J. 1. In these appeals, since common questions of law and facts are involved and common substantial questions of law were formulated, they have been heard together and are being disposed of by this common judgment.2. By order dated 7.2.2007, these appeals were admitted for hearing on the following substantial questions of law and liberty was also given to formulate other substantial question of law at the time of hearing of the appeals.(1) Whether a decree for eviction on the ground of personal necessity can be sustained in law in favour of a person who instituted the suit for his personal necessity on the basis of an agreement to sale? (2) Whether having regard to the fact that the suit teas instituted by the plaintiff on 12.5.2000 and a sale deed was executed in his favour by the original owner on 6.7.2004, a decree for eviction on the ground of personal necessity can be passed in his favour? 3. In course of hearing, the following substantial question of law has also bee...
Ganesh Bajpai Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-13-2007
Reported in: 2007(2)BLJR1603; 2007CriLJ2808; [2008(1)JCR71(Jhr)]
D.P. Singh, J.1. Sole appellant Ganesh Bajpai stands convicted for the offence punishable under Section 304 -Part II of the Indian Penal Code and sentenced to serve rigorous imprisonment for five years and to pay a fine of Rs. 1000/-, in default thereof to further undergo rigorous imprisonment for two months, by the 3rd Additional Sessions Judge, Deoghar in Sessions Case No. 203 of 1997. 2. Brief facts leading to this appeal are that in the afternoon of 7.9.1997, informant Mahgu Poddar was tending she-goats near Purnadih village when the appellant arrived there and abusing him why he was tending the cattle of Chaitanya Manjhi. Further stated, the appellant started assaulting him with lathi in his hand on which the deceased Panchu Rai of village Jitjore objected. Thereafter the appellant started assaulting Panchu Rai and dragged him towards the field. Many of the persons working in the field chased the appellant on which he fled away leaving deceased Panchu Rai in injured condition. Whe...
State of Bihar (Now Jharkhand) Vs. Somra Ahir and anr.
Court: Jharkhand
Decided on: Mar-13-2007
Reported in: [2007(3)JCR259(Jhr)]
D.P. Singh, J.1. This appeal has been preferred by the State of Bihar (now Jharkhand) against the judgment of acquittal dated 24.6.1999 passed by Additional District and Sessions Judge, Simdega in Sessions Trial No. 63 of 1989 whereby and whereunder the accused persons/respondents have been acquitted of the charges levelled against them.2. Brief facts leading to this appeal are that in the night of 24.4.1988 one Jagmohan Ahir, father of the informant Arbind Ahir, was preparing food inside his house situated in Mauza Kendua Tola Paro Bringa district Gumla, when all of a sudden four assailants trespassed in the courtyard and started assaulting him. On the alarm raised by the Jagmohan Ahir, his two sons rushed to his rescue and then found that all the four assailants were armed variously. According to the informant, the respondent Bhutku Ahir and Somra Ahir were identified by them present there armed with lathi. The informant family resisted and during exercise of right to private defence...
Bhairo Thakur Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-13-2007
Reported in: [2007(3)JCR262(Jhr)]
D.P. Singh, J.1. The appellant has preferred this appeal against the judgment and order dated 13.10.1999 passed by IIIrd Additional Sessions Judge, Deoghar in Sessions Case No. 184 of 1998 whereby and whereunder the appellant stands convicted under Section 395 of the Indian Penal Code and sentenced to undergo R.I. for a period of seven years and further to pay a fine of Rs. 1000/- in default whereof to undergo R.I. for a further period of two months.2. Brief facts leading to this appeal are that in the night between 24/25 April, 1998 the informant along with his family members was preparing to retire after function in his house when all of sudden fifteen persons overpowered his son and made forced entry in the house. Further stated the culprits assaulted the house inmates and looted valuables including ornaments from the house. The informant further asserted that the said culprits have committed similar dacoity in the house of Jagdishwar Tiwari and Chandradev Rai of same village. When ...
Gulab Chand Mahto and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-13-2007
Reported in: I(2008)DMC455; [2007(4)JCR395(Jhr)]
D.P. Singh, J.1. All the three appellants have preferred this appeal against the judgment and order of conviction dated 18.3.2000 and 23.3.2000 respectively passed by Sessions Judge, Dhanbad in S.T. No. 405 of 1997 whereby and whereunder the appellants stand convicted under Section 304B/34 of the Indian Penal Code and sentenced to undergo RI for 8 years each.2. Brief facts leading to this appeal are that the appellant No. 1 Gulab Chand Mahto was married with Anju Devi in the year 1995. As per informant PW 11 Tularam Mahto after the marriage the deceased Anju Devi was being ill treated and tortured for non-fulfillment of dowry demands, resulting in her committing suicide on 18.5.1997. The informant asserted in the fardbeyan dated 18.5.1997 that in the morning his son-in-law appellant No. 1 has informed him that the deceased was missing from the house after which he went in search of the deceased to the house of the appellants who were absconding. The informant came to learn from unknown...
State of Bihar (Now Jharkhand) Vs. Mewa Ram Chourasia
Court: Jharkhand
Decided on: Mar-13-2007
Reported in: [2008(1)JCR76(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 5.1.1999 passed by the learned Judicial Magistrate, 1st Class, Ranchi by which sloe respondent Mewa Ram Chourasia was acquitted of the charge under Sections 420, 465 and 471 of the Indian Penal Code, in G.R. Case No. 1378 of 1985 Tr. No. 800 of 1999.2. Brief facts leading to this appeal are that respondent Mewa Ram Chourasia had issued a forged and fabricated certificate in favour of one Scholastica Kujur regarding her experience in teaching of particular subject Sanskrit and got herself recommended for the appointed to the post of Reader in Sanskrit. According to prosecution case, the said forged and fabricated certificate has been accepted by the University officials including the Vice-Chancellor and Scholastica Kujur was appointed ignoring the claim of the informant Dr. Shayama Raman Pandey.3. The written complaint was lodged on 16.5.1985 on the basis of ...
Meri Elisia Lakra Vs. the Principal Accountant General and ors.
Court: Jharkhand
Decided on: Mar-13-2007
Reported in: [2008(1)JCR104(Jhr)]
ORDERN.N. Tiwari, J.1. Since common grievance(s) has/have been raised by the petitioners in all these writ petitions, the same have been heard together and are being disposed of by this common order.2. The grievance of the petitioner(s) is that their final pension has not been fixed by the Accountant General and payment has not been made to them. It has been stated that the benefit given to them by way of Assured Career Progression (in short ACP) has not been added and consequential retiral benefits have not been given to the petitioners, taking into consideration and adding the benefit of the ACP.3. Mr. S. Srivastava, learned counsel, appearing on behalf of the Accountant General, submitted that the petitioners' pension has already been finalised and payment order has been issued by the Accountant General, but so far as the benefit of ACP is concerned, the Director, Rajendra Institute of Medical Science (in short RIMS), Ranchi was requested to send necessary order with approval of the...
Dr. Leela Singh, Vinoba Bhave University, Through Its Registrar and Vi ...
Court: Jharkhand
Decided on: Mar-12-2007
Reported in: [2007(2)JCR227(Jhr)]
M.Y. Eqbal, J.1. Since both these appeals arose out of the judgment passed by the learned Single Judge in W.P. (S) No. 767 of 2004, they have been heard together and are disposed of by this common judgment.2. L.P.A. No. 574 of 2006 has been filed by respondent No. 3 of the writ petition, namely, Dr. Leela Singh (hereinafter referred to as 'the appellant') while L.P.A. No. 623 of 2006 has been filed by Vinoba Bhave University (hereinafter referred to as 'the University'). By the impugned judgment, the learned Single judge quashed the order dated 7.1.2004 passed by the University and declared respondent No. 1 - Ram Sharan Nishad (hereinafter referred to as 'the writ petitioner') senior to the appellant, Dr. Leela Singh.3. The facts of the case lie in a narrow compass:Respondent No. 1 - Ram Sharan Nishad (hereinafter referred to as 'the writ petitioner') was appointed on 6.11.1979 as Lecturer of Psychology in J.M. College, Ramgarh, Hazaribagh (in short 'the College'). According to the wri...
United India Insurance Co. Ltd. Vs. Chandra Marandi and ors.
Court: Jharkhand
Decided on: Mar-12-2007
Reported in: [2007(3)JCR594(Jhr)]
1. Heard the parties.2. This appeal by the Appellant-Insurance Company is directed against the award of interim compensation awarded by the Motor Vehicle Accident Claims Tribunal, Godda in Title Claim Case No. 47/05 and directed the Insurance Company to pay a sum of Rs. 50,000/-.3. It appears that on 16.4.2005 the deceased was dashed by a truck bearing registration No. BR-36-2590 and the deceased died at the spot. The owner of the vehicle appeared and contested the case stating, inter alia that the vehicle was insured with the Appellant- United India Insurance Company Ltd. The appellant, who was respondent before the Tribunal also filed a written statement and contested the case. In paragraph No. 6 of the written statement although the Insurance Company stated that the policy filed in the case appears to have been issued by the United India Insurance Company Ltd. Ramgarh Branch, Hazaribagh but the said policy does not mention any number in the column certificate number is blank so veri...
Shashi Shekharam Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-12-2007
Reported in: [2007(4)JCR183(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ petition, the petitioner has prayed for quashing the impugned order dated 9th May, 2006 whereby the petitioner was put under suspension in contemplation of the departmental proceeding.2. It is stated that subsequently the departmental proceeding was initiated and the enquiry officer was appointed. The petitioner has already filed his written explanation on 30th November, 2006, but thereafter, there is no further progress in the enquiry. The Presenting Officer is not appearing before the Enquiry Officer on behalf of the department and for the said reason and for his no fault, the departmental enquiry is lingering for the great prejudice to the petitioner.3. The Enquiry Officer annoyed on the said negligence of the department, sent a letter dated 21st November, 2006 (An-nexure16) to the Principal Secretary, Transport Department, to revoke the petitioner's suspension, as nobody is appearing on behalf of the department to support the departmenta...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- 7
- Next ›
- Last »