Jharkhand Court April 2007 Judgments
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Rajendra Kumar Gupta @ Rajendra Gupta and Jawahar Lal Gupta Vs. State ...
Court: Jharkhand
Decided on: Apr-18-2007
Reported in: [2007(4)JCR382(Jhr)]
D.G.R. Patnaik, J.1. Petitioners have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, praying for quashing the order dated 29.7.2005 passed by the learned 1st Additional Sessions Judge, Bokaro in Sessions Trial No. 255 of 2002, whereby the prosecution's prayer for marking the formal F.I.R. and the charge sheet as exhibits in the evidence, was allowed and the documents were marked as Exhibits 9 and 10 by the trial court. The main ground advanced in support of the prayer is that the learned court below has passed the impugned order beyond its authority thereby perpetrating injustice to the petitioners in their defence since the order amounts to allowing the prosecution to fill up its lacuna at a belated stage.2. Heard learned Counsel for the petitioners and learned Counsel for the State.3. The background fact of the case in brief is that pursuant to the case registered against them for the offence under Section 302 I.P.C. the present p...
National Insurance Company Ltd. Vs. Most. Lakhi Devi and ors.
Court: Jharkhand
Decided on: Apr-18-2007
Reported in: 2008ACJ2670; 2007(2)BLJR2176; [2007(3)JCR357(Jhr)]
M.Y.Eqbal and D.K.Sinha,JJ.1. This appeal by the Insurance Company is directed against the judgment and award dated 19.6.2002 passed by the First Additional District Judge-cum-Motor Vehicles Claims Tribunal Bermo at Tenughat whereby he was awarded a sum of Rs. 1,80,000/-to the claimants and directed the appellant-Insurance Company to pay the aforesaid amount.2. The facts of the case lie in a narrow compass: The claimants who are the heirs of the deceased, filed claim application alleging, inter alia, that the deceased, Ratan Prasad Soren, while going on his cycle, was dashed by a truck bearing registration No. BHO 1177 as a result of which the deceased sustained head injury and also injury on the other parts of his body. Because of the said injuries, the deceased died on the spot.3. The respondent-owner of the vehicle appeared in the said claim case and filed written statement denying the averments made in the claim petition. He has stated that the vehicle in question was insured with ...
Jaibun Nisha and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Apr-18-2007
Reported in: [2007(3)JCR252(Jhr)]
ORDERD.G.R. Patnaik, J.1. On 18.4.2007 Petitioners have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, praying for quashing the order dated 8.3.2007 passed by the learned 5th Additional Sessions Judge, Jamshedpur in Sessions Trial No. 310 of 2006, whereby the learned trial Court, in exercise of its powers under Section 319, Cr.P.C., summoned the petitioners to face trial in the case before it vide Sessions Trial No. 310-A of 2006.2. Heard learned Counsel for the petitioners, learned Counsel for the State and learned Counsel for the opposite-party No. 2.3. Facts of the case in brief is that a case vide Mango (Azad Nagar) P.S. Case No. 115 of 2006 dated 18.3.2006 was registered for the offence under Section 304B, IPC against certain accused persons named in the FIR. The allegation contained in the FIR were inter-alia, that the informant's niece was married to one Md. Shamim (accused No. 1) on 20.11.2005, but soon after the marriage, t...
Raghu Sardar Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-18-2007
Reported in: [2007(4)JCR365(Jhr)]
1. This instant appeal has been filed against the impugned judgment of conviction and sentence passed on 1st February, 1995 by Sri A.P. Ram, the Additional Sessions Judge, Seraikella in Sessions Trial No. 540 of 1990, whereby the sole appellant has been found guilty for committing the offence under Section 302 of the Indian Penal Code and, thereby, he has been sentenced to undergo RI for life.2. The prosecution story, in brief, is that on 27.3.1990 at about 11.00 a.m. at Village-Bundy, Tola Rengadih, P.S. Seraikella, District-Singhbhum (West), the informant Charan Sardar (PW 8) and his brother Ratan @ Remo Sardar (deceased) were going to the field when their youngest brother accused Raghu Sardar, armed with farsa, arrived and told Ramo Sardar that he was doing rangdari. Remo Sardar replied to the accused that he steals and consumes cocks and hens which is being condemned. On such reply accused Raghu Sardar gave 'farsa' blow on the abdomen of Remo Sardar due to which intestine of Remo S...
Lalmani Singh Vs. State of Bihar
Court: Jharkhand
Decided on: Apr-18-2007
Reported in: [2007(4)JCR381(Jhr)]
ORDERD.G.R. Patnaik, J.1. This revision application is directed against the judgment dated 5.8.1998 passed by the learned 2nd Additional Sessions Judge, Dhanbad in Criminal Appeal No. 150 of 1996, whereby the appeal preferred by the petitioner against the judgment of his conviction and sentence dated 30.9.1996 passed by the learned Judicial Magistrate (Railway), Dhanbad in R.P. Case No. 55 of 1993 was dismissed whereby the petitioner was convicted for the offence under Section 3(a) of the R.P. (U.P.) Act and sentenced to undergo RI for two years.2. Heard learned Counsel for the petitioner and learned Counsel for the State.3. At the outset, learned Counsel for the petitioner submits that though the appeal has been filed by the petitioner against the judgment of his conviction also, but considering the facts and circumstances, he confines his prayer to the order of sentence as imposed by the trial Court. Learned Counsel submits that the petitioner was though awarded sentence of two years...
Nil Kant Singh Munda Vs. Satroghan Singh Munda
Court: Jharkhand
Decided on: Apr-18-2007
Reported in: 2008CriLJ315
ORDERD.G.R. Patnaik, J.1. Petitioner has filed the instant revision application against the judgment dated 28-7-1998 passed by the learned Judicial Commissioner, Ranchi in Cr. Appeal No. 19 of 1998 (K), whereby the petitioner's prayer against the judgment of his conviction and sentence passed by Sri R.K. Tuli, Judicial Magistrate, 1st Class, Khunti in G.R. No. 277 of 1996 was dismissed.2. Heard learned Counsel for the petitioner and the learned Counsel for the State.3. Petitioner was charged with, tried and convicted for the offence under Sections 448 and 354 IPC and was sentenced to undergo imprisonment for one year for the offence under Section 448 IPC and two years for the offence under Section 354 IPC.4. The case of the prosecution in brief is that in the afternoon of 8-5-1996 the prosecutrix after taking her bath, was drying her clothes in the courtyard, At that time, the present petitioner entered into her courtyard and caught hold of the hands of the prosecutrix and dragged her ...
Pushpa Verma and ors. Vs. Union of India (Uoi) Representing Ministry o ...
Court: Jharkhand
Decided on: Apr-18-2007
Reported in: AIR2008Jhar54; [2008(1)JCR317(Jhr)]
N.N. Tiwari, J.1. This appeal has been preferred against the judgment and decree dated 12.9.1995 (decree signed on 23.9.1995) passed in Money Suit No. 11/88 by learned Sub-Judge-II, Dhanbad whereby the appellants' suit was dismissed.2. The suit was filed by the plaintiff, Mr. M.M. Verma (deceased), for recovery of a sum of Rs. 2,67,852.19 claimed to be due as a professional fee and clerkage against the respondents. The plaintiffs had also claimed interest @ 18% and the cost of the suit.3. The case of the original plaintiff in brief is that:(i) He was appointed as a counsel by the Coal Controller, by his letter dated 27.8.1975 on behalf of the Ministry of Energy, Department of Coal, Union of India, to conduct the cases before the Court of the Commissioner of Payments as also before the Appellate Courts. According to the terms of appointment, his professional fee was to be paid at the rates allowed by the Government of Bihar.(ii) According to the plaintiff, large number of claims were ma...
Babu Lal Chauhan Vs. Rita Devi and anr.
Court: Jharkhand
Decided on: Apr-18-2007
Reported in: I(2008)DMC246
D.G.R. Patnaik, J.1. This revision application has been filed against the order dated 3.9.1998 passed by the learned Principal Judge, Family Court, Dhanbad in M.P. Case No 35 of 1998 whereby a sum of Rs. 500 per month was awarded to the wife/opposite party No. 1 by way of her maintenance directing the petitioner to pay the same.2. Heard Learned Counsel for the petitioner, Learned Counsel for the State and Learned Counsel for the O.P. No. 1.3. Learned Counsel for the petitioner has assailed the impugned order of the learned Court below primarily on the ground that the learned Court below has seriously erred in failing to consider the fact that the opposite party No. 1 has wilfully withdrawn herself from the company and society of her husband, namely the present petitioner without there being any sufficient cause offered by her Learned Counsel explains that from the evidence adduced on record, it would transpire that after the Gauna ceremony, opposite party No. 1 was brought by the petit...
Chandrika Pd. Singh @ Chandrika Singh and ors. Vs. State of Bihar (Now ...
Court: Jharkhand
Decided on: Apr-17-2007
Reported in: 2008(56)BLJR162; [2008(4)JCR738(Jhr)]
Narendra Nath Tiwari, J.1. Both the appeals arise out of orders and Awards of the learned 1st Sub-Judge, Deoghar. He has passed the awards, in exercise of power as a Judge, Land Acquisition, on the references Under Section 18 of the Land Acquisition Act. Since the facts and the questions of law involved in both the appeals are almost common, the said appeals have been heard together with the consent of the parties and are being disposed of by this common judgment.2. In both the cases, learned Judge has confirmed the Award made by the land Acquisition Officer and refused to enhance the amount of compensation, claimed in the said references.3. The lands of the appellants were acquired for the purpose of construction of Ajay Barraj Project in the year 1983-84.4. In the case, out of which F.A. No. 674 of 1995(P), arose, the lands of the appellants of Plot Nos. 267, 284, 339, 341, 350, 955, 349, 282, 301, 337, 348, 354, 295 & 340 of J.B. No. 17, of Village-Hazari Nawadih, P.S. Sarath, Distr...
Shri Narayan Mehta Vs. the State of Bihar (Now Jharkhand),
Court: Jharkhand
Decided on: Apr-16-2007
Reported in: [2007(4)JCR206(Jhr)]
Amareshwar Sahay, J.1. The point, which is involved in the present application for consideration is as to whether without supplying the copy of the enquiry report, the imposition of punishment of dismissal from service is legal and valid?There is no dispute of the fact that in the present case the petitioner being a Bank employee of the Hazaribagh Kshetriya Gramin Bank was departmentally proceeded for the charge of cheating the customers of the Bank and belied the confidence of the Bank reposed in him as cashier.2. The grievance of the petitioner is that he was awarded punishment of dismissal from service by issue of order dated 26/02/1998, as contained in Annexure-1 to the writ application without even supplying the copy of the enquiry report of the departmental proceeding which was the basis for awarding punishment to him. It is submitted that the copy of the enquiry report was sent to him on 05/03/1998 as admitted by the respondents in para-20 of the counter affidavit filed by respo...
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