Jharkhand Court April 2007 Judgments
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Krishna Ram Vs. State of Bihar (Now Jharkhand) and anr.
Court: Jharkhand
Decided on: Apr-11-2007
Reported in: II(2008)DMC118; [2007(4)JCR526(Jhr)]
R.R. Prasad, J.1. The appellant Krishna Ram was put on trial along with his grand-father Khakhan Ram to face charge under Section 304B of the Indian Penal Code for causing dowry death of his wife Lalita Devi. The trial Court having found the appellant guilty convicted him under Section 304B of the Indian Penal Code and consequently sentenced him to undergo rigorous imprisonment for life.2. The case of the prosecution as transpired from First Information Report as well as evidence of the informant Ram Chandra Ram (P.W. 1) is that Lalita Devi, sister of the informant was married to the appellant Krishna Ram in the year 1989. After the marriage, the appellant started demanding Rs. 10,000/- and also a Luna Motor Cycle as well as golden ring, but the said demand could not be fulfilled as the informant was not capable of to afford the same. Further case is that in the month of October, 1992 when Lalita Devi came to her parent's house, she showed injuries inflicted upon her person and told th...
Nawal Kishore Upadhya and ors. Vs. Panpati Loharin
Court: Jharkhand
Decided on: Apr-11-2007
Reported in: 2008(56)BLJR975; [2008(2)JCR85(Jhr)]
Narendra Nath Tiwari, J.1. This appeal is against the order/award passed by the Land Acquisition Judge-cum-Subordinate Judge-I, Doaltonganj (hereinafter referred to as L.A. Judge), whereby the learned Court below has directed to prepare award in favour of the respondent while awarding the reference under Section 30 of the Land Acquisition Act.2. Learned L.A. Judge has based his finding on a purported decision of the Supreme Court of the year 1993, without giving the exact reference or even the names of the parties. Learned L.A. Judge concluded on the basis of his vague memory that the Apex Court has held 'Lohar' as the member of Scheduled Tribe and the applicant-respondent, being by caste Lohar, comes within the meaning of Scheduled Tribes and as such, any sale deed executed by the ancestors of the applicant-respondent in favour of the appellants-opposite parties is hit by the provisions of the Chhonagpur Tenancy Act and is void ab initio. Any rent receipt pursuant to the said register...
Dhirju Singh Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-11-2007
Reported in: [2008(1)JCR194(Jhr)]
1. The present Cr. Appeal is directed against the judgment of conviction and order of sentence passed by the 5th Addl. Sessions Judge, Giridih in Sessions Trial No. 40 of 1999 on 16.2.2000 whereby and whereunder the appellant Dhirju Singh was convicted under Section 302, IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 5,000/- with default stipulation and further rigorous imprisonment for 3 years for his conviction under Section 201, IPC and fine of Rs. 500/- with the direction that sentences shall run concurrently.2. The prosecution was launched on the written report presented by the informant Lakshman Singh (PW 6) at Dhanwar Police State stating therein that his sister-in-law Gunjani Devi (sail) was married to the accused Birendra Singh some 4 years ago at village Bhadwa. On 19.10.1988 Gunjani Devi visited his house in the noon in the same village and narrated her miseries that her in-laws were not giving food properly and that her Korhia (leper) Bhaisur was ...
Amit Ambar Kachhap Vs. the Union of India (Uoi) and anr.
Court: Jharkhand
Decided on: Apr-10-2007
Reported in: 2007(2)BLJR1994; [2007(3)JCR9(Jhr)]
Narendra Nath Tiwari, J.1. In this writ petition, the petitioner has sought to challenge the recruitment process of Management Trainee in MECON Ltd., which is a Public Sector Undertaking, mainly on the ground that the eligibility criteria of the candidates, who appeared and passed Engineering Graduation Examination in 2006 or appearing in 2007 for their final examination, are only eligible to apply for the same is arbitrary and discriminatory depriving the petitioner and others of their opportunity to apply for that post.2. It has been stated that the petitioner passed Engineering Graduation Examination in 2004 and he has been deprived of the opportunity because of the said condition, which is wholly irrational and without any legal basis.3. Mr. M. Jagannath, learned Counsel for the petitioner submitted that imposition of such condition and creation of a class within a class is violative of Articles 14 and 16 of the Constitution of India and the same is wholly unsustainable. The said n...
Tileshwar Sahu Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-10-2007
Reported in: [2007(3)JCR190(Jhr)]
Narendra Nath Tiwari, J.1. Heard the parties.2. In this writ petition, the petitioner has prayed for quashing the notification, contained in Memo No. 1437 dated 16th March, 2007 (Annexure-11), issued by the Respondent No. 3, whereby the petitioner has been removed from the post of chairman, Jharkhand State Pollution Control Board (hereinafter to be referred as 'the Board') with immediate effect, before expiry of the term of the office. In this case, the petitioner has raised several points for consideration before this Court.3. It has been stated that the petitioner has been removed from his post on the ground that his continuation as Chairman of the Board is not in the public interest. The reason assigned for the same is that pendency of criminal-cases against him is affecting the image as well as functioning of the Board.4. Mr. Ravi Shankar Prasad, learned senior counsel, appearing on behalf of the petitioner submitted that the petitioner earlier was sought to be removed from the pos...
Dr. Vidyanand Sharma and ors. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-10-2007
Reported in: 2007(2)BLJR1817; [2007(3)JCR385(Jhr)]
ORDERPermod Kohli, J. 1. Petitioners were serving as Scientists/Teachers in various disciplines of Birsa Agricultural University. All of them retired from the service of the University in various capacities and on the dates indicated in paragraph No. 4 of the writ petition, on attaining 60 years of age. After retirement, they have preferred this writ petition, seeking to challenge Clause 3 of Notification No. 3/Misc.-18/2004-115 dated 31st July, 2005 whereunder this notification was made applicable with immediate effect (prospectively) as regards the enhancement of age of superannuation of the Teachers, Scientists in UGC/ICAR pay scale, from 60 years to 62 years. As a consequence of insertion of Clause 3, only such Teachers/Scientists in UGC/ICAR pay scale, who were in service as on 31st July, 2005, got extension in retirement age from 60 to 62 years. Since the petitioners had already retired before the date of notification, their age of superannuation continued to remain 60 years. Agg...
Sanjay Ram Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-10-2007
Reported in: [2008(1)JCR58(Jhr)]
D.P. Singh, J.1. Sole appellant Sanjay Ram stands convicted for the offence punishable under Sections 363 and 366A of the Indian Penal Code, and sentenced to serve rigorous imprisonment for one year on each count, by the learned Sessions Judge, Garhwa in connection with Sessions Trial No. 1023 of 2001.2. Brief facts leading to this appeal are that in the evening of 4.3.2001, a Barat have arrived in the vicinity of the informant in village-Tildag, police station-Garhwa from village Bishunpura. House inmates of informant Nepuri Devi have gone to see Barati while her second daughter Sunita kumari aged about 16 years remained in the house. The informant returned to find her missing. She came to know that appellant Sanjay Ram, her neighbour was also missing from his house. She started searching her and unable to get any information regarding both of them, lodged a written report before Garhwa police station on 9.3.2001 ultimately.3. Police registered Garhwa police station Case No. 45 of 200...
Somar Rana and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-10-2007
Reported in: 2007CriLJ4670
ORDERAmareshwar Sahay, J.1. This revision application is directed against the Judgment dated 31st July 1998. passed by the 1st Additional Sessions Judge, Giridih in Cr. Appeal No. 52 of 1993 whereby the learned Additional Sessions Judge dismissed the appeal and affirmed the conviction and sentence passed by the trial Court. The trial Court by its judgment dated 30th August 1993 had convicted the petitioners and one another for the offence under Sections 143 and 379 of the Indian Penal Code and they were sentenced to undergo R.I. for a period of two months for the offence under Section 143 IPC and R.I. for a period of six months for the offence under Section 379 IPC.2. The prosecution case, in short, is that the informant, who was the Bataidar of the land of Jagdish Sao being Khata No. 1, Plot Nos. 73, 74, 75, 76 and 77 area measuring one acre, had grown paddy crop over the said plots. It is said that on 24-10-1976 at about 4.00 p.m. Bandhu Rana and eight others by forming unlawful asse...
Puran Mahto and ors. Vs. Budhani Devi and ors.
Court: Jharkhand
Decided on: Apr-10-2007
Reported in: [2009(1)JCR254(Jhr)]
Narendra Nath Tiwari, J.1. This is the plaintiffs' appeal against the judgment: and decree dated 28.8.93 (decree signed on 7.9.93) whereby the plaintiffs' suit for partition has been dismissed in partition Suit, No. 9/90. The plaintiffs in the said suit had prayed for partition of their13/18th share in the Schedule 'A' & 'B' properties described in the plaint. The plaintiffs' case in brief is that Bahadur Mahto the common ancestor of the oarties had acquired the lands of Khata No. 41 of village-Paplo, P.S-Nawadih, District-Giridih (now Bokaro) which was recorded in his name in cadastral survey records of rights. The land of Khata No. 41 is fully described in Schedule 'A' of the plaint. Bahadur Mahto had acquired another item of property i.e. the land of Khata No. 46 along with Bhikchuk Mahto and sons of Madari Mahato. The said land is described in Schedule 'B' of the plaint. The land of Khata No. 46 was jointly recorded in the names of the said persons in cadastral survey records of ri...
Vinod Kumar Sinha @ Chhotua and Arun Kumar Singh Vs. the State of Biha ...
Court: Jharkhand
Decided on: Apr-09-2007
Reported in: 2007(2)BLJR2087; 2007CriLJ3984; [2007(4)JCR589(Jhr)]
D.K.Sinha, J.1. The present appeals have been directed against the judgment of conviction dated 11.8.98 and order of sentence dated 13.8.98 passed by the 4th Additional Sessions Judge, Dhanbad in Sessions Trial No. 134/97 whereby both the appellants have been sentenced to undergo rigorous imprisonment for 10 years for their conviction under Section 307/149 I.P.C., one year rigorous imprisonment under Section 147 I.P.C., two years rigorous imprisonment under Section 148 I.P.C. and three years rigorous imprisonment under Section 440 I.P.C. The appellant Arun Kumar Singh was further sentenced to undergo three years rigorous imprisonment for his conviction under Section 27 of the Arms Act. All the sentences were directed to run concurrently with the set off of the period of detention undergone by them.2. The prosecution story lies in a narrow compass. The informant Ajay Kumar Chourasia (P.W. 7) delivered his statement (Ext. 2) that on 19.1.97 at about 6.30 p.m. while he was sitting with hi...
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