Jharkhand Court March 2007 Judgments
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Girija Prasad @ Girish Prasad and anr. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Mar-02-2007
Reported in: [2007(2)JCR240(Jhr)]
ORDERD.G.R. Patnaik, J. 1. The petitioners have filed the instant application invoking powers of this Court under Section 482 of the Code of Criminal Procedure for quashing the entire proceeding as also the order dated 9.3.2006 passed by Sri Vijay Kumar, Judicial Magistrate, 1st Class, Koderma in complainant Case No. 68 of 2006 whereby summons were ordered to be issued against the petitioners directing them to appear and face trial for the offence under Sections 323, 420, 408 and 504.2. Fact of the case in brief is that the opposite party No. 2- complainant Subhash Yadav filed a petition of complaint before the Court of Chief Judicial Magistrate, Koderma against the petitioners and another accused namely, the Block Development Officer, Chandwara Block (accused No. 3). Allegations in the complaint are that the complainant being an agriculturist and social worker, on being informed that a scheme was floated by the Government through the Department of R.E.O., Road, for laying a morum road...
Ram Kumar Singh @ Babua, Vs. State of Jharkhand
Court: Jharkhand
Decided on: Mar-01-2007
Reported in: [2007(3)JCR67(Jhr)]
D.P. Singh, J.1. Since all the appeal, arise out of common judgment, are herd together and are being disposed of by this common judgment.2. All these appeals are directed against the judgment of conviction and order of sentence dated 18.12.2004 and 20.12.2004 passed by Sessions Judge, Chaibasa, West Singhbhum in Sessions trial No. 233/2003, whereby and whereunder the learned Sessions Judge held all the appellants guilty under Sections 366 and 376(2)(g) IPC and sentenced them to undergo RI for ten years and a fine of Rs. 2000/- for the offence under Section 366 IPC and in default of payment of fine to undergo RI for three months and further undergo RI for ten years and a fine of Rs. 5000/- under Section 376(2)(g) IPC and in default of payment to undergo RI for six months. However, both the sentences were directed to run concurrently.3. The brief facts leading to these appeal are that one Fulmani Mundari, a tribal girl of village Meromgutu, P.S. Bandgaon has arrived at Chakradharpur Rail...
Mosaboni Ex-employees Self Supporting Labours Co-operative Society Ltd ...
Court: Jharkhand
Decided on: Mar-01-2007
Reported in: [2007(2)JCR269(Jhr)]
ORDERR.K. Merathia, J. 1. Heard counsel for the parties for final disposal.2. Petitioner is challenging the advertisement dated 29th September, 2006 (Annexure 10) published by respondent No. 2- Hindustan Copper Limited (hereinafter to be referred to as 'the Company') inviting expression of interest for re-commissioning and operative its Surda Mines and Concentrator Plant etc., situated at Mosaboni, Ghatsila.3. Mr. V. Shivnath, Senior counsel appearing for the petitioner submitted as follows. The Labour Union requested the Company for allowing labours to re-start the said mine and plaint on forming a Cooperative, to which the Labour and Mines Department of the Government of India also have no objection. Petitioner entered into a Memorandum of Understanding (hereinafter referred to as 'MoU') on 11.2.2003 with the Company for the said purpose and the same was acted upon. Therefore, the Company is estopped from inviting expression of Interest from other parties. He further submitted that t...
Manzar Afaque Vs. Md. Wasi Ahmad and ors.
Court: Jharkhand
Decided on: Mar-01-2007
Reported in: 2008ACJ1911; [2007(3)JCR226(Jhr)]
ORDER1. This appeal has been filed by the claimant-appellant for enhancement of compensation awarded by the Claims Tribunal, Dumka in Claim Case No. 25 of 1997. The claimant is aged 39 years having three daughters and two sons. He was posted as driver in Dumka Town Police Station at Dumka. The claimant while driving the jeep on his official duty and going to Dumka-Bhagalpur Main Road, a truck dashed in the back side of the jeep, consequent thereupon the claimant fell down on the road and sustained injuries, as a result, his both legs have been amputated. The Tribunal gave a finding that about Rs. 2 lacs have been spent towards medical treatment. Accordingly, the Tribunal awarded Rs. 2 lacs towards medical expenses and besides that, the Tribunal awarded a sum of Rs. 96,000/- for non-pecuniary damages.2. In course of argument, it was brought to our notice that after the said accident, because of shock the wife of the claimant committed suicide and the claimant, though totally disabled, i...
State of Jharkhand and ors. Vs. Ashok Kumar Etc. and anr.
Court: Jharkhand
Decided on: Mar-01-2007
Reported in: [2007(3)JCR223(Jhr)]
ORDER1. Since these appeals arose out of the common judgments passed in W.P. (S) Nos. 1881/05, 5569/05, 6683/ 05, 722/04, 723/04, 793/04, 786/04, 669/04, and 725/04, they have been heard together and are being disposed of by this common judgment.2. These appeals have been directed against the judgment passed by the learned single Judge in the aforesaid writ petitions wherein the order of termination of services of the petitioners respondents were challenged. The learned single Judge after considering the entire facts of the case, and also following the judgment passed in W.P. (C) 5705 of 2003, allowed the writ petitions and quashed the order of termination and directed re-instatement forthwith.3. The main question that was involved in those writ petitions was as to whether the order of termination on the ground of ex parte inquiry can be sustained in Law particularly when the petitioners-respondents have been continuing in services for 15-20 years.4. Similar question was decided by the...
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