Jharkhand Court April 2007 Judgments
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Badan Hansda Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-05-2007
Reported in: [2007(3)JCR11(Jhr)]
1.Heard the parties.In this appeal, the appellant has challenged the judgment of his conviction dated 21.9.1995 and the corresponding order of sentence for the offences under Sections 302 and 324 of the Indian Penal Code passed by the 1st Additional Sessions Judge, Deoghar in Sessions trial No. 12 of 1995. The appellant was charged with and tried for the offences under Sections 302/324 of the Indian Penal Code on the allegation that he had committed murder of the informant's minor son, Mohan Hansda and also voluntarily inflicted injury to the informant's husband, Ramdhan Hansda (PW 5).2. The appellant has denied the charges pleading not guilty and has claimed innocence and of his implication on false accusation.3. The case of the prosecution, registered on the basis of the written report submitted by the informant, Fulmani Soran (PW 3) on 20.9.1994 is that on the same day at about 12 noon, the informant's husband (PW 5) went to the house of his uncle, Lakhan Hansda within the village. ...
Kedar Bhuiyan and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-05-2007
Reported in: [2007(3)JCR55(Jhr)]
ORDERR.R. Prasad, J.1. Heard the parties.2. This application has been filed on behalf of life convicts, namely, Kedar Bhuiyan and Kail Bhuiyan under Articles 226 and 227 of the Constitution of India for issuance of appropriate writ directing the State authority to consider the case of the petitioners for pre-mature release in terms of provisions as contained in Section 432 of the Code of Criminal Procedure or Article 161 of the Constitution of India as also in terms of letter No. 3676 dated 18.8.2003 issued by the Government of Jharkhand.3. Learned Counsel appearing for the petitioners submits that petitioners were Court proceeded to decide only one issue as the important issue i.e. whether the plaintiff has acquired valid right, title and possession over the suit property on the basis of registered sale deed dated 12.1.1982. Without appreciating the evidence and without even discussing the evidence both oral and documentary adduced by the parties and also without meeting the reasoning...
SafgruddIn Ansari and anr. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-05-2007
Reported in: [2007(3)JCR50(Jhr)]
Amareshwar Sahay, J.1. Heard the learned Counsel for the parties.2. This revision application is directed against the judgment of two Courts below, whereby the petitioners have been found guilty for the offence under Section 498A of the Indian Penal Code and for the offence under Section 4 of the Dowry Prohibition Act and, accordingly, they have been sentenced to undergo R.I. for 1 year for the offence under Section 498A of the Indian Penal Code whereas they have been sentenced to undergo RI for a period of six months for the offence under Section 4 of the Dowry Prohibition Act and also to pay a find of Rs. 2,000/- (Two thousand) each and in default of payment of fine to further undergo S.I. for three months.3. The petitioner No. 1 is the husband of the informant (victim) and petitioner No. 2 is her father in law.4. The prosecution case, in short, is that Saira Khatoon was married to petitioner No. 1, Safruddin in the year 1987 according to Muslim customs and rites. After passing some ...
Archana Goel and ors. Vs. New Ratan Balasia and anr.
Court: Jharkhand
Decided on: Apr-05-2007
Reported in: 2009ACJ295; [2007(3)JCR49(Jhr)]
R.R. Prasad, J.1. The claimants have preferred this appeal against the order by which Motor Accident Claims Tribunal, Hazaribagh dismissed the claim application whereby claimants had sought for compensation of Rs. 6 lacs on account of death of Uma Prakash Goel due to vehicular accident.2. It is the case of the claimant that the deceased Uma Prakash Goel while was traveling in a car, bearing registration No. BHG-9493 hired from Nav Ratan Balasia, who was made as opposite party No. 1, along with others in the night of 31/1.6.1990, it dashed against a tree, as a result of which it turned turtle and caught fire and the deceased received burn injury that proved to be fatal.3. According to claimants, vehicle was insured with the National Insurance Company. However, opposite party No. 1 (Nav Ratan Balasia) having appeared in the case did file his written statement denying that he was the owner of the vehicle on the date of accident. It was his case that before the accident, he had sold the ca...
Vijay Kumar Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-05-2007
Reported in: [2007(4)JCR647(Jhr)]
Amareshwar Sahay, J.1. This revision application is directed against the judgment dated 20th July 1995, passed by the Sub-Divisional Judicial Magistrate, Daltonganj in G.R. Case No. 410 of 1994, whereby the learned Sub-Divisional Judicial Magistrate rejected the prayer of the petitioner for discharge for the offence under Sections 409, 420 and 120 of the Indian Penal Code.2. The facts in short giving rise to this application are that on the report of the Mukhia Ram Pravesh Singh a joint Committee consisting of Pramukh, Panchayat Samiti, Hussainabad. Asstt. Engineer, Vijay Kumar, the petitioner, was constituted to enquire about any irregularity in the construction and payment of construction work of a well under Jawahar Rojgar Yojna. In course of enquiry, it was found actually the depth of the well was found to be 26 ft. only whereas in the measurement book, the Junior Engineer had mentioned the depth to be 30 ft. The Assistant Engineer Vijay Kumar made correction in the measurement boo...
Manoj Kumar Singh and Smt. Ulka Singh Vs. Smt. Kusum Dhawan
Court: Jharkhand
Decided on: Apr-05-2007
Reported in: [2008(2)JCR215(Jhr)]
Narendra Nath Tiwari, J.1. This appeal arises out of the judgment and decree dated 28 June, 1993 (decree signed on 12.7.1.993) passed by the learned Sub-Judge-i, Ranchi, where by learned Trial Court has dismissed the plaintiffs-appellants' suit being T.S. No. 34 of 1991 in the said suit, the plaintiffs-appellants had sought relief for a decree for specific performance of contract against the defendant, directing her to execute and register the sale deed in favour of the plaintiffs-appellants in accordance with the agreement on accepting the balance consideration amount.2. The case of the plaintiffs-appellants, in brief, was that the parties had entered into an agreement for sale of the residential building along with garage standing over a portion of R.S Plot no 1651 being sub-plot No. 1651/5/R appertaining to Khata No. 329 of village-Hinoo., P.S. Jagarnathpur, District-Ranchi, measuring an area of 5 kathas more or less, fully described in Schedule-B of the plaint. According to the pla...
Mrs. Lakshmi Singh and anr. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-04-2007
Reported in: 2007(2)BLJR2036; [2007(3)JCR340(Jhr)]
Narendra Nath Tiwari, J.1. The petitioners are aggrieved by and have prayed for quashing the notification dated 27th February, 2007 issued by the Department of Social Welfare, Women and Child Development, Government of Jharkhand, contained in Annexure-4 to the writ petition, whereby the earlier notification of the said department dated 16th September, 2006 is sought to be cancelled.2. By the said notification dated 16th September, 2006, Jharkhand State Women Commission (hereinafter to be referred as 'the Commission') was constituted and the petitioners were appointed as Chairman and Member of the Commission, respectively, under the provisions of Section 4 of the Jharkhand State Women Commission Act, 2005 (hereinafter to be referred as 'the Act').3. The impugned notification, contained in Annexure-4, is a precise and one sentence notification, runs as under:AdhisuchnaSankhya-S.K./S.M.Aa.-212/2006-253 Ranchi, Dinank: 27/2/2007Jharkhand Rajya Mahila Aayog Adhiniyam, 2005 Ke Adhyay-2 Kandi...
Adhunik Alloys and Power Ltd. and ors. Vs. Union of India (Uoi) and or ...
Court: Jharkhand
Decided on: Apr-04-2007
Reported in: 2007(2)BLJR1185; [2007(2)JCR357(Jhr)]
M.Y. Eqbal, J.1. In these writ applications, the petitioners have prayed for quashing the letter dated 13.9.2005 issued by the State Government withdrawing the proposal of the petitioners for approval Under Section 5(1) of the Mines and Mineral (Regulation and Development) Act, 1960 (in short 'Act of 1960') and also withdrawing the application of the petitioners for grant of mining lease of Iron Ore in different areas of Mouza Ghatkuri in West Singhbhum district for captive consumption of its Integrated Steel Plant in the State of Jharkhand and further for a direction prohibiting the State Government from promulgating notification for dereservation under Rule 59(1) of the Mineral Concession Rules, 1960 (in short 'Rules of 1960') regarding the applied area of the petitioners for mining lease.2. First of all, I shall state the brief facts of the case pleaded by the writ petitioners in their respective writ petitions.3. W.P.C. No. 1769/2006: The petitioner M/s. Adhunik Alloys & Power Ltd ...
Surya Kant Mandal and ors. Vs. the Mineral Area Development Authority
Court: Jharkhand
Decided on: Apr-04-2007
Reported in: 2007(2)BLJR2003; [2007(4)JCR454(Jhr)]
Permod Kohli, J.1. Through the medium of this Letters Patent Appeal, we have been called upon to examine the sustainability of the judgment dated 23.3.2006 passed by learned Single Judge in writ petition being C.W.J.C. No. 576 of 2001. By the impugned judgment, the award dated 27.12.1999 passed by the Labour Court, Dhanbad for reinstatement of the workmen with full back wages has been set aside.2. The short facts leading to the filing of the writ petition are that appellants herein were allegedly engaged by the then Chairman of Mineral Area Development Authority in the year 1983 and later terminated in January, 1984 allegedly without any reasons. Termination order was challenged by some of the appellants along with others in C.W.J.C. No. 158 of 1984(R) before this Court. This writ petition was dismissed vide judgment dated 4.4.1984. While upholding the termination, this Court asked the Board to scrutinize the cases of such of the employees who claim their initial appointment to be regu...
SamsuddIn Ansari and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Apr-04-2007
Reported in: [2007(3)JCR250(Jhr)]
D.P. Singh, J.1. This appeal has been preferred by the appellants against the judgment and order dated 2.9.2002 passed by 13th Additional Sessions Judge, Dhanbad in Sessions Trial No. 208 of 1994 whereby and whereunder appellant Samsuddin Ansari stands convicted for the offence punishable under Section 324 of the Indian Penal Code and sentenced to serve rigorous imprisonment for three years and appellant Nos. 2 to 4 stand convicted for the offence under Section 323 of the Indian Penal Code and sentenced to serve rigorous imprisonment for one year.2. Brief facts leading to this appeal are that in the afternoon of 28.8.1993, one Islam Ansari was trying to get rain water in his paddy fields by diverting such water from village road towards his fields situated by the side of the paddy fields of the appellants. According to informants Rahman Ansari, his brother has put an obstruction on Kulhi, the village road so that rain water flowing towards south may be diverted in his paddy fields, whe...
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