Jharkhand Court April 2007 Judgments
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Moti Ram and ors. Vs. Laxmi Narayan Jaishwal and ors.
Court: Jharkhand
Decided on: Apr-03-2007
Reported in: [2007(4)JCR209(Jhr)]
D.G.R. Patnaik, J.1. Petitioners by filing the instant revision application, have challenged the order dated 24,1.1997 passed by the learned Sub-Divisional Magistrate, Chatra in a proceeding under Section 145, Cr PC vide case No. 87 of 1995, T.R. No. 55 of 1997, whereby the possession of the opposite-parties No. 1 to 3, who were the members of the first party in the said proceeding, over the disputed land was declared and the present petitioners who were the members of the second party, were restrained from entering into the said land. The dispute between the parties is related to a piece of land measuring 16.64 acres. Both parties have advanced their respective claims of title and possession over the disputed land. A series of litigations in respect of the said land was contested between the parties.2. In course of inquiry under Section 145, Cr PC, both parties were directed to adduce their respective evidences. By the impugned order dated 24.1.1997, the learned Court below passed the...
Manoj Kumar Rajwar Vs. Bharat Coking Coal Ltd. Through Its Chairman-cu ...
Court: Jharkhand
Decided on: Apr-03-2007
Reported in: [2008(1)JCR124(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition, the petitioner has prayed for quashing the order contained in Memo No. 1908/04 dated 18th May, 2004 (Annexure-4), whereby the petitioner's application for compassionate appointment has been rejected only on the ground that he is the son of the second wife of the deceased employee.2. According to the petitioner, he is the son of the deceased employee and was dependant on him and that under the provisions of Clause-9.3.2 of the National Coal Wages Agreement (NCWA), he is entitled for compassionate appointment after the death of his father, it has been stated that the petitioner's father, Late Bhola Raj-war, died in harness on 16th December, 2001 and the petitioner, being dependant, applied for compassionate appointment, but by the impugned order, his prayer for compassionate appointment has been rejected on the said ground. It has been stated that it is now well settled that the requirement of the provisions for compassionate appointment does...
Ramesh Liyangi Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-03-2007
Reported in: [2007(4)JCR457(Jhr)]
D.K. Sinha, J.1. The present appeal is directed against the judgment and order dated 22nd April, 2000 passed by the Sessions Judge, Chaibasa in S.T. No. 95 of 1999 whereby and whereunder the appellant, Ramesh Liyangi has been convicted for the offence under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years.2. The prosecution story as it stands recorded in the written report (Ext. 2) of the prosecutrix, Sarojini Sundi (PW 1) was that on 30.9.1998 at about 8 p.m. when she retired to her bed after closing the door of the house, soon thereafter her neighbour, appellant, Ramesh Liyangi came out from under the cot having dagger in his hand and committed rape on the cot itself after terrorizing her. In the meantime, her brother, Manoranjan Sundi (PW 4) came and asked her to open the door. On his command when she opened the door, the appellant started running away from the room to which her brother raised alarm and the neighbouring people assem...
State Bank of India Vs. Smt. Gita Devi
Court: Jharkhand
Decided on: Apr-03-2007
Reported in: [2008(1)JCR298(Jhr)]
Narendra Nath Tiwari, J.1. This appeal is against the judgment and decree dated 13.1.1993 passed by learned Sub-ordinate Judge-I, Chaibasa in Money Suit No. 13/1984 whereby learned Court below has decreed the money suit filed by the plaintiff-appellant in part against the defendant No. 1 and ex parte against the defendant No. 2. the plaintiff is mainly aggrieved by the finding recorded on Issue No. 5 by learned Court below.2. The plaintiff-Bank had filed a suit for recovery of Rs. 11,56,954.48 with interest against the defendants.3. The plaintiffs case is that the defendant No. 1 is a Government contractor and was doing contract business at Chaibasa and other places, The defendant No. 1 approached the plaintiff-Bank on 3.3.1981 and requested for the facilities of term loan for Rs. 50, 000/- for purchasing (T.M.B.) Truck No. BRS 2705. The request of the defendant No. 1 was considered by the Bank and the term loan facility for Rs. 50,000/- was granted to him. The defendant No. 2 stood as...
Kando Dhabariya Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Apr-02-2007
Reported in: [2008(1)JCR96(Jhr)]
D.P. Singh, J.1. Sole appellant Kando Dhabariya stands convicted for the offence punishable under Section 323 of the Indian Penal Code and sentenced to serve simple imprisonment for three months and to pay a fine of Rs. 500/- in default thereof to further undergo simple imprisonment for one month, by the 1st Additional Sessions Judge, Seraikella in Sessions Trial No. 55 of 1999.2. Brief facts leading to this appeal are that in the afternoon of 4.7.1998 informant Sudhir Mahto was going to village Nuwagawn when the appellant along with Sona Mandal assaulted him with iron rod. The incident was been by Chandra Shekhar Dhabariya who rescued the informant from further assault. The appellant became unconscious and was moved to Seraikella Sadar Hospital where his statement was recorded by Seraikella Police at 9.00 P.M. According to informant, this occurrence was took place due to demand of money from appellant for drinking wine.3. The police registered Seraikella Police Station Case No. 24 of ...
Md. Siddique Ansari Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Apr-02-2007
Reported in: 2007(2)BLJR1815; [2008(1)JCR78(Jhr)]
D.P. Singh, J.1. Solo appellant Md. Siddique Ansari stands convicted for the offence punishable under Section 417 of the Indian Penal Code and sentenced to serve simple imprisonment for six months and to pay a fine of Rs. 10,000/- in default thereof to further undergo simple imprisonment for three months, by the 12th Additional Sessions Judge, Dhanbad in Sessions Trial No. 381 of 1995.2. Brief facts leading to this appeal are that one Sairun Bibi and the appellant started physical relationship on being assured that the appellant would marry her. According to informant Sairun Bibi, she was neighbour of the appellant and on his assurance; they started having physical relationship for nearly one year when she became pregnant. Thereafter, the matter was reported to the family members, the appellant along with his parents assured her that she would be inducted as the member of their family before the Panchayati. However, after sometimes, she was thrown out of the house and the appellant ref...
Baldeo Sao Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-02-2007
Reported in: 2007CriLJ3992; [2007(3)JCR376(Jhr)]
ORDERD.P. Singh, J.1. Sole appellant Baldeo Sao stands convicted for the offence punishable under Sections 376 and 450 of the Indian Penal Code and sentenced to serve rigorous imprisonment for ten years and five years respectively, by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Hazaribagh in Sessions Trial No. 415 of 1996.2. Brief facts leading to this appeal are that in the evening of 12.4.1996 while informant-victim Punam Kumari was in her house, the appellant alongwith one Dilip Sao, since declared juvenile, forcibly caught hold of the victim and sexually violated her at the point of dagger. According to her version, the appellant left her lying in injured condition when her bhabhi returned.3. The matter was reported to Ichak Police next day at 9.00 a.m. with a written report prepared by Ranvijay Singh, on the basis of which, Ichak Police Station Case No. 29 of 1996 under Sections 448/376/34 of the Indian Penal Code and Section 3(1)(i-xi)...
Barjesh Singh Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-02-2007
Reported in: [2008(1)JCR79(Jhr)]
D.P. Singh, J.1. Sole appellant Brajesh Singh stands convicted for the offence punishable under Sections 25(a) of the Arms Act and sentenced to serve rigorous imprisonment for three years, by the Additional Sessions Judge, Fast Track Court No. I, Palmau at Daltonganj in Sessions Trial No. 462 of 1983.2. Brief facts leading to this appeal are that in the evening of 29.6.1982 at 7.00 P.M., informant Kishori Ram, Officer-in-charge, Hussainabad Police Station on being informed that seven-.eight criminals armed with weapons have assembled near a lonely place to commit dacoity proceed for Deori Bazar. As further stated, he found that six-eight persons assembled at the arrack shop were consuming arrack. The police raided the shop, out of eight persons, six could manage to flee away, but the police could arrest the appellant with Abhay Singh. It is further stated that police searched these two arrested persons who were found carrying loaded country made pistol and extra cartridges in their poc...
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