Jharkhand Court April 2007 Judgments
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Zileh Singh Sagar Vs. Union of India (Uoi) Through the Secretary, Mini ...
Court: Jharkhand
Decided on: Apr-04-2007
Reported in: 2007(2)BLJR2321; [2007(3)JCR596(Jhr)]
Narendra Nath Tiwari, J.1. The petitioner, a Deputy Inspector General of Central Industrial Security Force (for short C.I.S.F), aggrieved by the initiation of departmental proceeding by Memorandum dated 13th January 2006, has preferred this writ petition praying for quashing the entire departmental proceeding including the charge sheet on the ground of bias and malafide and the same being wholly unfounded and uncalled for.2. The grievance of the petitioner is that he has been malicouously implicated in the departmental proceedings by Shri H.V. Chaturvedi, I.G.NES-the respondent No. 6 who has been promoted to the rank of Inspector General of Police by superceding the petitioner and his promotion is subject to final result of the writ petition filed by the petitioner now pending in the Calcutta High Court, being W.P No. 1504/03 (admitted by the respondent in Para 40 of C.A). Actuated by the said malice and bias, the petitioner has been falsely roped in a departmental proceeding on frivol...
ismail Mian Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-04-2007
Reported in: [2007(3)JCR72(Jhr)]
D.P. Singh, J.1. Sole appellant Ismail Mian stands convicted for the offence punishable under Section 498A of the Indian Penal Code and sentenced to serve rigorous imprisonment for two and half years, by the 1st Additional Sessions Judge, Fast Track Court, Giridih in Sessions Trial No. 205 of 1989 Tr. No. 9 of 2002.2. Brief facts leading to this appeal are that the Officer-in-Charge of Hirodih Police Station within the district of Giridih registered Hirodih Police Station U.D. Case No. 2 of 1988 on 22.6.1988 on being informed by the appellant that his wife was found dead in a well situated in village Dhodho. The said Officer-in-Charge during investigation of this U.D. Case, recorded the statement of Jahuran Bibi (PW 1), mother of the deceased Sarima Khatoon, supported by other witnesses that Sarima Khatoon has died due to torture for non-fulfillment of dowry demands. Accordingly, on 26.6.1988 he got Hirodih Police Station Case No. 19 of 1988 under Section 304B of the Indian Penal Code ...
Vivekanand Chaudhary Vs. State of Jharkhand, Through Secretary, Water ...
Court: Jharkhand
Decided on: Apr-04-2007
Reported in: [2007(3)JCR225(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ petition the petitioner has prayed for quashing the order dated 30.11.2006 contained in Memo No. 3036 dated 8.12.2004 (Annexure-14) whereby the respondent No. 2 has rejected the petitioner's representation which had been filed against his transfer. The petitioner has also prayed for quashing the order contained in Memo No. 1682 dated 29.6.2006 (Annexure-6) and the order contained in Letter No. 599 dated 8.7.2006 (Annexure-9). It has been stated that by the impugned Letter No. 599 dated 8.7.2006, the petitioner, who has been holding the post of Junior Engineer, Water Resources Development Department, Deoghar, has been sought to be transferred to the Office of the Chief Engineer, Water Resources Development Department, Ichagaludih (Chakradharpur). The petitioner has challenged the said transfer order on the ground that the same is malicious and contrary to the rules, inasmuch as the petitioner was sought to be transferred within a period of te...
Sanjay Kumar Saraf @ Sanjay Kumar Sharaf Vs. Jitbahan Mahto and ors.
Court: Jharkhand
Decided on: Apr-04-2007
Reported in: 2008ACJ1208; [2007(4)JCR336(Jhr)]
M.Y. Eqbal, J.1. This appeal by the owner of the vehicle Is directed against the judgment and award dated 4.10.2005 passed by Additional District Judge cum-Motor Vehicles Claims Tribunal, Lohardaga in Compensation Case No. 50 of 1998 whereby he has awarded compensation of Rs. 2,09,950/- and directed the respondent Insurance Company to pay the said amount to the claimants and to recover the same from the appellant, the owner of the offending vehicle.2. The facts of the case lie in a narrow compass. The claimants who are the husband, sons and daughters of the deceased, filed application under Section 166 of the Motor Vehicles Act for grant of compensation for the death of Maina Devi. On the relevant date the deceased, Maina Devi boarded a truck bearing registration No. BR 14G-9507 from Lohardaga to Chandwa. On the way, because of the negligent driving of the driver, the vehicle met with an accident and Maina Devi who was travelling on the said truck sustained grievous injury to her perso...
Md. Samshad Khan and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-04-2007
Reported in: [2007(4)JCR560(Jhr)]
D.P. Singh, J.1. This appeal has been preferred by the appellants against the judgment and order dated 27,8.2002 passed by Additional Judicial Commissioner-cum-Special Judge VI, C.B.I. (A.H.D.), Ranchi in Sessions Trial No. 455 of 1998 whereby and whereunder all the appellants stand convicted for the offence punishable under Sections 307/34 of the Indian Penal Code and appellant No. 1 Samshad Khan was sentenced to serve rigorous imprisonment for seven years whereas appellant Nos. 2 to 4 were sentenced to serve rigorous imprisonment for five years.2. Brief facts leading to this appeal are that in the morning of 11th of April 1998, son of the informant was beaten by son of appellant Kamal Khan. The wife of the informant went to protest with the wife of appellant Kamal Khan. In the meantime, the informant arrived at and he also protested with appellant Kamal Khan why the children used to beat his son. At this, stage, appellant Samshad Khan assaulted the informant with 'Chapar', a sharp cu...
Kallu Mian and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-03-2007
Reported in: [2007(4)JCR529(Jhr)]
D.P. Singh, J.1. Since all the appeals, 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 16.5.2002 and 17.5.2002 passed by 3rd Additional District and Sessions Judge, Dhanbad in Sessions trial No. 111/92/468/93, whereby and whereunder the learned Additional Sessions Judge held all the appellants guilty under Sections 395 IPC and sentenced them to undergo RI for five years and a fine of Rs. 1000/- each and in default of payment of fine to undergo SI for six months.3. The brief facts leading to these appeal are that in the evening of 24.11.1990 the informant Ramesh Singh was inside his house when he heard the sound of knocking on the door. It is further stated that somebody was asking to open the door, on which he opened the door to receive unwanted guests. According to him, 8-10 dacoits, armed variously, entered into the house and forced him t...
Deep Chandra Verma, Birendra Ram Das, Vs. the State of Jharkhand and o ...
Court: Jharkhand
Decided on: Apr-03-2007
Reported in: [2007(3)JCR361(Jhr)]
R.K. Merathia, J.1. Mr. Sarangi, learned Counsel for the petitioner, submitted that four persons filed writ petition being W.P. (S) No. 687 of 2003. The case of two writ petitioners namely Md. Kalimuddin and Md. Kalamuddin was allowed whereas the case of other two petitioners namely Md. Mobin and Shambhu Kumar was dismissed (2003 (4) JLJR 348). He submitted that the case of Deep Chandra Verma and Birendra Ram Das is similar to the case of Md. Kalimuddin and therefore order of their termination be set aside. He admitted that the cases of Narayan Paswan and Manoj Kumar Verma is similar to the case of Md. Mobin and Shambhu Kumar Gupta, whose cases were dismissed.2. Counsel for the State disputed that the case of Deep Chandra Verma and Birendra Ram Das is similar to the case of Kalimuddin. He submitted that in view of the Constitution Bench Judgment in the case of Secretary, State of Karnataka v. Uma Devi reported in : (2006)IILLJ722SC , no illegal appointees can be allowed to continue.3. ...
Sanjay Mahto and anr. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-03-2007
Reported in: [2007(3)JCR247(Jhr)]
D.P. Singh, J.1. Both the appellants have preferred this appeal against the judgment of conviction dated 31.7.2002 and sentence dated 1.8.2002 passed in Sessions Trial No. 291 of 1995 by Additional Sessions Judge, Daltonganj whereby and whereunder both the appellants stand convicted under Section 304B/201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and three years each respectively and both the sentences to run concurrently.2. Brief facts leading to this appeal are that the appellant No. 1 Was married with one Surti Devi in the year 1990. It is further asserted that one month before this incident and appellant No. 1 came to his in-laws and asked them to send the girl with him otherwise he would remarry with another girl. The appellant No. 1 was suggested by his in-laws that they will send the girl after consulting his father. However the appellants again came on 13.3.1994 and took away the victim on 14.3.1994. According to prosecution case, P...
Bihar Colliery Kamgar Union Vs. the Presiding Officer, Industrial Trib ...
Court: Jharkhand
Decided on: Apr-03-2007
Reported in: [2007(4)JCR207(Jhr)]
Permod Kohli, J.1. Petitioner-workmen is aggrieved of the award dated 28th December, 1996, whereby the Reference made to the Industrial Tribunal No. 2 at Dhanbad has been answered against the petitioner-workmen.2. Briefly stated facts as emerge from the record are that on 04.11.1974, petitioner was deputed as Weigh-Bridge Clerk under Mudidih Colliery. He is alleged to be responsible for under weighing coal loaded in Truck bearing No. BHR 7185. Instead of showing the weight of the coal as 20.460 tonnes he showed the weight as 19.460 tonnes. Similarly, the weight of coal for another Truck bearing No. BRW 9693 was shown as 19,400 tonnes instead of 20,400 tonnes. On the following date, he was served with the charge sheet i.e. on 04.11.1974. On the basis of the Report of the Enquiry Officer, he was dismissed from service vide order dated 24th February, 1975 with effect from 26th February, 1975. The Union raised the dispute. However, the appropriate Government vide its order dated 22nd June,...
indra Kumar Tanwani Vs. State (Through Cbi)
Court: Jharkhand
Decided on: Apr-03-2007
Reported in: [2007(3)JCR615(Jhr)]
ORDERR.R. Prasad, J.1. This application has been filed on behalf of the petitioner under Article 226 of the Constitution of India for issuance of appropriate writ in the nature of certioari for quashing the entire criminal proceedings of R.C. Case No. 7 of 1987 (R), earlier pending in the Court of Special Judge,, CBI, Dhanbad, but now transferred to one of the Courts of special Judge, CBI, Ranchi on account of inordinate delay occurred in conclusion of trial which amounts to denial of the right or speedy justice which is one of the mandates of Article 21 of the Constitution of India.2. Learned Counsel for the petitioner submits that this is a glaring example of inordinate delay in conclusion of the trial as the petitioner has been facing the rigors of the trial since last 20 years and still there is no likelihood of early conclusion of the trial and the manner in which the trial is being conducted on the part of the CBI defying the right of speedy justice to the petitioner is certainly...
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