Jharkhand Court April 2007 Judgments
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Pesh Imam Qureshi Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Apr-09-2007
Reported in: [2007(4)JCR553(Jhr)]
D.P. Singh, J.1. The sole appellant has preferred this appeal against the judgment and order of conviction and sentence dated 26.8.2002 passed by 3rd Additional District and Sessions Judge, Palamau at Daltonganj in S.T. No. 147 of 1998 whereby and whereunder the appellant stand convicted under Section 295A and 504 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of 2 years Under Section 295A and 1 year for Under Section 504 of the Indian Penal Code, both the sentences to run concurrently;2. Brief facts leading to this appeal are that on 27.2.1997 the informant Lakhan Choudhary along with other witnesses was going to Daltonganj from their village Semar P.S. Chainpur when they saw the appellant carrying beef in a cloth on his bicycle and blood falling on the road. As further stated when they asked the appellant why he was carrying the beef without taking precaution that blood may not fall, the appellant became angry. The informant asserted that as reli...
Sk. Mohammed MinhazuddIn Vs. the State of Jharkhand (C.B.i.)
Court: Jharkhand
Decided on: Apr-09-2007
Reported in: 2007(2)BLJR1934
D.K. Sinha, J.1. The present appeal has been directed against the judgment of conviction under Sections 7 and 13(2) of the Prevention of Corruption Act 1988 whereby the appellant Sk. Md. Minhazuddin has been sentenced to undergo rigorous imprisonment for one year and fine of Rs. 700/- with stipulation to undergo imprisonment for one month in default, further rigorous imprisonment for two years and line of Rs. 1400/- with stipulation to undergo imprisonment for the additional period of two months respectively.2. The prosecution story lies in a narrow compass.One Sri. S.N. Singh, retired Lieutenant Colonel (P.W.7) applied for telephone connection in his office cum residence in the month of August, 1989 and in this connection he requested his near relative i.e. the complainant, Sri. Ashok Kumar Singh (P.W.8) to follow up for connection. The complainant though contacted the officers of the Telephone department but without substantial progress. Ultimately on 14.12.1989 when the complainant ...
Chatradhary Singh Vs. Central Coal Field Ltd.
Court: Jharkhand
Decided on: Apr-09-2007
Reported in: 2007(2)BLJR1828; [2007(114)FLR940]; [2007(3)JCR63(Jhr)]
Permod Kohli, J.1. Petitioner with effect from 01.07.1998 forenoon on the ground that the petitioner has attained the age of superannuation of 60 years on 30th June, 1998.2. According to petitioner, his date of birth is 01st July, 1942. It is also mentioned that his elder brother, Mr. Narayan Singh is also working as a Supervisor in C.C.L., he is five years older than him and his date of birth is recorded as 02nd February. 1937. Petitioner joined the service of the Respondent-Company on 01st April, 1961. It is stated that petitioner came to know of recording of his date of birth as 01st July, 1938, when he was asked to make representation in respect to the entries made in the service record, copy whereof was also forwarded to the petitioner. A copy of the service record is placed as Annexure-1 with the writ application. In this document the date of birth of the petitioner is recorded as 01st July, 1938. Petitioner claims to have made representations dated 09th March, 1990, where he cla...
Smt. Mamta Devi and anr. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-09-2007
Reported in: [2008(3)JCR671(Jhr)]
Narendra Nath Tiwari, J.1. In this writ petition, the petitioners, inter alia, have prayed for release of the vehicle belonging to Petitioner No. 1, which has been allegedly seized in colourable exercise of power without any legal basis by Respondent Nos. 5 and 6, for compensation @ Rs. 1,000/- per day from the date of seizure of the vehicle, compensation for causing mental agony to Petitioner No. 2 by implicating him in a false and malicious prosecution and for quashing the entire proceedings including the orders dated 5th September, 2005 and 9th September, 2005 in M-II Case No. 147 of 2005.2. According to the petitioners, Petitioner No. 1 has been operating a Trekker, being Registration No. JH-01-E-9057. The petitioner No. l possessed the said vehicle by virtue of the agreement for sale dated 31st May, 2004 and power of attorney dated 2nd April, 2004 executed by the registered owner-Bimal Kumar. The said vehicle operates on Dhurwa-Ranchi route on hire basis.3. On 12th August, 2005, t...
Management of Gammon India Limited Vs. Presiding Officer, Labour Court ...
Court: Jharkhand
Decided on: Apr-08-2007
Reported in: [2007(114)FLR973]; [2007(3)JCR400(Jhr)]; (2007)IILLJ581Jhar
Permod Kohli, J.1. This writ petition is directed against the Award dated May 8, 1997 in Reference Case No. 13/1993, whereby the Labour Court. Ranchi set aside the termination /retrenchment of the two workmen and directed their reinstatement with full back wages and all consequential benefits.2. The Management has challenged the Award primarily on the ground that the findings arrived at by the Labour Court are not based on the records as produced. Learned Counsel for the petitioner submits that such a finding amounts to perversity and the writ Court in its writ jurisdiction under Article 226 of the Constitution of India can examine the validity of the Award.3. It is admitted case of the parties that the workmen were working in the Company's workshop at Ranchi. In all they are 60 workmen of different categories, out of which 16 workmen were retrenched after complying with the provisions of Sections 25F, 25G, and 25H as also the Rules 78 and 79 of Industrial Disputes Bihar Rules. Out of ...
Milap Toppo Vs. State of Bihar
Court: Jharkhand
Decided on: Apr-06-2007
Reported in: [2007(3)JCR476(Jhr)]
D.G.R. Patnaik, J.1. The appellant has challenged the judgment of conviction and sentence dated 26th July, 2002 passed by the Sessions Judge, Simdega, in Sessions Trial No. 225 of 1997 whereby the appellant was convicted for the offence under Sections 302 of the Indian penal Code for committing murder of one Anjala Tete and sentenced to undergo imprisonment for life.2. The case against the appellant was registered on the basis of fard beyan of the informant, Pascal Dungdung (PW8), husband of the deceased Anjala Tete recorded by the police officer (PW 11) at the informant's village at Keyonddih Dabhapani, P.S. Simdega, Dist. Gumla. The fard beyan was recorded at 16.20 hours on 1.1.1997.3. Prosecution case is that on 1.1.1997 at about 8.00 a.m. while the informant sitting in front of his house was preparing a drum, he saw the appellant passing through having a tangi in his hand. In response to the informant's query, the appellant stated that he was on his way in search of his cow. Howeve...
Jugal Mahto Vs. the State of Bihar
Court: Jharkhand
Decided on: Apr-06-2007
Reported in: 2(2007)BC2028; [2007(4)JCR640(Jhr)]
D.G.R. Patnaik, J.1. This appeal is directed against the judgment of conviction and sentence dated 27.9.1996 and 29.9.1996 respectively passed by the learned Sessions Judge, Godda in Sessions Trial No. 135 of 1996, whereby the appellant was convicted for the offence under Section 302 IPC and sentenced to undergo imprisonment for life. Jist of the charge for which he was put on trial, is that in the evening of 29.2.1996 in front of his house situated within village Pipra, he had inflicted fatal injuries on his cousin sister-in-law, Malti Devi (deceased), causing her death at the spot itself.2. The prosecution case was registered on the basis of the fardbeyan (Ext.-3) of the informant Kanhai Mahto (PW3) recorded at the place of occurrence at about 10 PM on the dale of occurrence on 29.2.1996. Case of the prosecution is that on 29.2.1996 while the informant was at his house situated within village Pipra, he saw that his mother-in-law Malti Devi (deceased) had gone to the wheat field nearb...
Mahadeo Murmu Vs. the State of Bihar
Court: Jharkhand
Decided on: Apr-06-2007
Reported in: 2007(2)BLJR1949
D.G.R. Patnaik, J 1. This appeal is directed against the judgment of conviction dated 7.10.1996 and order of sentence dated 14.10.1996 passed in Sessions Case No. 286 of 1993, whereby the learned 5th Additional Sessions Judge, Dumka has convicted the appellant for the offence under Section 302 IPC and sentenced him to undergo imprisonment for life. The case was registered on the basis of the fardbeyan of the informant Lakhiram Besra (PW6), father of the deceased, which was recorded on 18.4.1993 at 6.30 AM at the place of occurrence within the village Kothia.As per prosecution's case, the deceased (Pakku Besra) was married to the appellant in the year 1977 and a son was born to them who on the date of occurrence, was aged about eight years. On account of ill-treatment and frequent mental and physical torture indicted on her by her husband, she along with her minor son used to live mostly at the house of her father namely, the informant (PW6), although she used to make frequent visits to...
Lakhan Lall Poddar Vs. Bhagarthi Bhagat
Court: Jharkhand
Decided on: Apr-06-2007
Reported in: [2007(3)JCR52(Jhr)]
ORDERM.Y. Eqbal, J.1. This appeal by the defendant-appellant is directed against the judgment and decree dated 18.9.2002 passed by Additional District Judge, Lohardaga in Title Appeal No. 34/94 whereby he has reversed the judgment and decree dated 4.2.1994 passed by Sub-Judge, Lohardaga in Title Suit No. 255/1986. and decreed the suit.2. On 1.7.2004 this appeal was admitted for hearing on the following substantial question of law:Whether the lower appellate Court has committed an error in reversing the judgment and decree of the trial Court without considering the evidences of the defendant-respondent and without giving any specific finding as to when the documents were withdrawn by the defendants and as to when the notice for production of the same was issued to him? 3. The brief facts of the case is that the plaintiff-respondent filed Title Suit No. 255/86 for a decree of declaration of his right, title and interest over the lands described in Schedule C in the plaint. A further reli...
Tata Iron and Steel Company Ltd. Vs. the State of Bihar and ors.
Court: Jharkhand
Decided on: Apr-05-2007
Reported in: 2007(2)BLJR2359; [2007(3)JCR442(Jhr)]
Permod Kohli, J.1. By Court: Petitioner-Company has asked for quashing the assessment order dated 16th March, 1996, passed by the Assistant Commissioner, Commercial Taxes, Deoghar Circle, Deoghar making assessment for imposition of Entry Tax under 'The Bihar Tax on Entry of Goods into Local Areas for Consumption, use or Sale Therein Act, 1993' for the period 05.04.1995 to February, 1996 to the tune of Rs. 35,36,829.90 and also to quash the Demand Notice dated 16th March, 1996, issued pursuant to the Assessment order. The further prayer is made restraining the Respondents from realizing the amount demanded and also for refund of the amount of Rs. 28,35,280/- already recovered as a consequence of the assessment.2. It is not in dispute that the vires of the provisions of the 'The Bihar Tax on Entry of Goods into Local Areas for Consumption, use or Sale Therein Act, 1993' were challenged before this Court in W.P. (T) No. 5354 of 2004. A Division Bench of this Court vide its judgment dated ...
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