Jharkhand Court May 2007 Judgments
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Sukur Mani Devi and ors. Vs. BipIn Bihari Singh and anr.
Court: Jharkhand
Decided on: May-14-2007
Reported in: 2007(2)BLJR2172; [2007(3)JCR1(Jhr)]
M.Y. Eqbal, J. 1. Plaintiff is the appellant and the judgment is of affirmance.2. The facts of the case lie in a narrow compass:One Narayan Singh was common ancestor who died leaving behind his two sons, Ajambar Singh and Bisambar Singh. Ajambar Singh died before 1937 leaving behind his widow Rusmi Devi who is defendant No. 1. Fulo Kuer is the daughter of Ajambar Singh and Bipin Bihari Singh and Basumati Devi defendant Nos. 2 and 3 are the son and daughter of Fulu Kuer. In other words, defendant No. 2 and 3 are the grand daughters of late Ajambar Singh. The second son of Narayan Singh, namely, Bisambar Singh died leaving behind Digambar Singh who is the plaintiff. 3. The admitted facts are that after the death of Ajambar Singh, defendant No. 1 Rusmi Devi filed Title Suit No. 20/1941 claiming the property left by her husband by way of maintenance. The suit was decreed on compromise in terms of judgment dated 25.3.1942. By virtue of that compromise decree, defendant No. 1 continued in po...
National Insurance Company Ltd. Vs. Goma Lagari and ors.
Court: Jharkhand
Decided on: May-14-2007
Reported in: 2007(2)BLJR1812
M.Y. Eqbal J. 1. This appeal by the appellant- National Insurance Company Limited is directed against the judgment and award dated 21st June, 2004 passed by the Additional District Judge-cum-Motor Accident Claims Tribunal, Chaibasa in Compensation Case No. 34 of 1995 whereby he has awarded a sum of Rs. 1,68,200/- by way of compensation for the death of the deceased in a motor vehicle accident.2. The facts of the case in a narrow compass:On 1.8.1993 the wife of Jena Laguri died and her dead body was to be taken to their native village for cremation. Jena Laguri approached the respondent-Steel Authority of India Ltd to provide vehicle to carry the dead body. The respondent-S.A.I.L. directed that the truck bearing Registration No. BRS-4538 may be taken to carry the dead body of the wife of Jena Gaguri to the native place. Accordingly, Jena Gaguri along with 14-15 persons carried the dead body on the truck. After cremation, all the persons were returning from the native place. While return...
Employers in Relation to the Management of Tisco Ltd. Vs. Concerned Wo ...
Court: Jharkhand
Decided on: May-12-2007
Reported in: [2008(116)FLR1105]
M.Y. Eqbal, J.1. In this writ petition the petitioner-Management of M/s. TISCO Ltd. has challenged the award dated 11.6.2004 passed by the Central Government Industrial Tribunal No. 2, Dhannad in Reference Case No. 206/98 whereby he has answered the reference in favour of the concerned workman.The Government of India, Ministry of Labour, in exercise of power conferred on them under Section 10(1)(d) of the Industrial Disputes Act, 1947, referred the following dispute to the Tribunal for adjudication vide order dated 30.9.1998:Whether the action of the management of Bhelatand Colliery of M/s. Tisco in not providing employment to the dependant Smt. Madhuri Devi, wife of late Mahadeo Sao, Ex-stone cutter (Although the management of M/s. Tisco has already offered temporary employment for a period of 18 months to Smt. Madhuri Devi as per their letter BYLD/p/09/3012 dated 28/30.12.1993 during the period of sickness and suffering from cancer of her deceased husband Mahadeo Sao and denying the ...
Dr. Sanjay Kumar and anr. Vs. State of Jharkhand Through Chief Secreta ...
Court: Jharkhand
Decided on: May-11-2007
Reported in: [2008(1)JCR115(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition the petitioners have prayed for a direction on the respondents to admit them in Post Graduate Medical Courses in the Session 2006-07 for which they have been declared successful in the written examination and also have been finally selected and were called for counseling. According to the petitioners, they are by caste pasi and are the members of the Scheduled Castes. The petitioners are thus eligible and entitled to be admitted in Post Graduate Medical Courses in Rajendra Institute of Medical Science, Ranchi in the quota of the Scheduled Castes which the respondents are arbitrarily and illegally denying by not recommending their names for the same.2. Counter affidavit has been filed on behalf of the respondents No. 4 stating, inter alia, that the petitioners are not eligible for recommendation for admission in the Post Graduate Medical Courses as they are the permanent residents of Bihar and they have not produced the required certificates ...
Daulti Devi, Vs. the State of Bihar
Court: Jharkhand
Decided on: May-10-2007
Reported in: 2007(2)BLJR1956; 2007CriLJ3563
D.K.Sinha,J.1. The present appeal is directed against the judgment of conviction under Section 304B/34 I.P.C. passed by the 3rd Additional Sessions Judge, Hazaribagh in Sessions Trial No. 135/1996 whereby and whereunder each of the appellants viz. Daulti Devi, Sunil Kumar Singh and Anil Kumar Singh was sentenced to undergo rigorous imprisonment for 7 years.2. The prosecution case as it stands narrated in the Ferd Beyan of the informant Ranjeet Singh P.W. 1 before the police at the Sadar Hospital, Hazaribagh was that he belonged to village Amarua Police Station, Barachatti, Dobhi within the District of Gaya. His sister Sadhana @ Pinki aged about 22 years was married to the appellant Anil Singh of village Maktama in the year 1991. Appellant Anil Singh was a constable in the Border Security Force and after some time of the marriage he started putting pressure upon Sadhana @ Pinki to bring a motorcycle as well as colour T.V. as the dowry. When the informant and the other members of his fam...
Chintamani Pandey Vs. State of Bihar (Now Jharkhand) and anr.
Court: Jharkhand
Decided on: May-10-2007
Reported in: 2007(2)BLJR2339; 2007CriLJ3577
D.G.R. Patnaik, J.1. By the instant revision application, the petitioner has challenged the propriety of the order dated 18.9.1998 passed by the Sri S.P. Pandey, Judicial Magistrate, 1st Class, Dhanbad, in connection with CP Case No. 176 of 1989, whereby the prayer of the petitioner for his discharge under Section 245 Cr.P.C., was dismissed and the petitioner was directed to face trial for offences under Sections 420 and 406 of the Indian Penal Code.1.1 The main ground in support of the prayer is that even if accepting the entire allegations in the application, no offence either under Section 420 or 406 IPC is made out against the petitioner. Further ground is that considering the facts admitted by the complainant and the witnesses, the court at Dhanbad has no territorial jurisdiction to try the case against the petitioner.2. For better appreciation of the grounds advanced by the petitioner, the facts of the case may be briefly stated.2.1 The case against the petitioner and others was ...
National Insurance Co. Ltd. Through Assistant Manager Vs. Vijay Kumar ...
Court: Jharkhand
Decided on: May-10-2007
Reported in: 2009ACJ403; AIR2008Jhar14; [2007(3)JCR335(Jhr)]
Ramesh Kumar Merathia, J.1. Heard the parties for final disposal.2. The judgment dated 16.9.2006 passed by the Permanent Lok Adalat, Ranchi has been challenged in this writ petition under Article 227 of the Constitution of India.3. Mr. Alok Lal, appearing for the petitioner Insurance Company submitted as follows:Permanent Lok Adalat had no jurisdiction to decide this case in which the Insurance Company disputed the claim. In support of this contention, he relied on the judgments of the Supreme Court-State of Punjab v. Phulan Rani : AIR2004SC4105 and State of Punjab v. Ganpat Raj 2006 AIR SCW 4585.The contract of insurance was only between the Insurance Company and the insurer and, therefore, the Insurance Company is not liable to pay third party claim raised by the respondents and the same will not come in the 'insurance service' as defined under 22A(b)(vi) of 'public utility service' under the Legal Services Authorities Act, 1987 (for short 'the Act'). The owner, driver and insurer of...
Rasmuni Marandi Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-10-2007
Reported in: [2007(4)JCR511(Jhr)]
D.P. Singh, J.1. Sole appellant Rasmuni Marandi stands convicted for the offence punishable under Section 302 of the Indian Penal Code for causing death of her own Gotani, Dola Murmu in the night of 8th of May, 1995 inside her house and sentenced to serve rigorous imprisonment for life, by the 1st Additional Sessions Judge, Dumka in Sessions Trial No. 156 of 1995.2. Brief facts leading to this appeal are that informant Sutilal Hansda and his mother Dola Murmu were related with the appellant. The appellant stands prosecuted. According to the informant, he along with the deceased used to reside at the verandah of the appellant because of financial scarcity and health problem. On the fateful day, the husband of the appellant was seriously ill. The deceased was called by the appellant to help her in attending her husband inside the room. However, the husband of the appellant, Gadur Hansda died during the night at about 12.00. after which the appellant assaulted the deceased with back of Ta...
Nahoom Minz Vs. State of Bihar and President, East Indian Section of S ...
Court: Jharkhand
Decided on: May-09-2007
Reported in: 2007CriLJ3573; [2007(3)JCR336(Jhr)]
D.G.R. Patnaik, J.1. By this revision application, petitioner has challenged the judgment and order dated 2.5.1998 (signed on 4.5.1998) passed by the 8th Additional Judicial Commissioner, Ranchi in Cr. Appeal No. 14 of 1994 whereby the judgment of conviction and order of sentence passed by the trial court for the offence under Section 418 IPC against the petitioner was upheld and the appeal was dismissed with modification.The petitioner was put on trial for charges under Sections 408, 418, 467, 420 and 120B IPC. The trial court by its judgment dated 5.2.1993, convicted the petitioner for the offences under Sections 418, 408 and 420 IPC and awarded sentence for each of the offences. It is against this order of conviction, petitioner had filed an appeal vide Cr. Appeal No. 14 of 1994 which was disposed of by the impugned judgment dated 2.5.1998 by the 8th Additional Judicial Commissioner, Ranchi and against the judgment of the appellate court, the present revision application has been pr...
Sheo Lall Gareri and ors. Vs. Sk. Abbas and anr.
Court: Jharkhand
Decided on: May-09-2007
Reported in: 2007(2)BLJR2334; [2007(4)JCR228(Jhr)]
D.G.R. Patnaik, J.1. This Revision application is directed against the order dated 28.08.1998, passed in Criminal Revision No. 30 of 1994 by the VIIIth Additional Judicial Commissioner, Ranchi, whereby the operative part of the order dated 18.12.1993 passed by the Executive Magistrate, Ranchi in a proceeding under Section 145(4), Cr. P.C. vide Case No. M 427 of 1987 in favour of the petitioner, was set aside.2. The main ground in support of the prayer, as advanced by the petitioner, is that the impugned order of the Revisional court is bad on the points of facts as also on the points of law and that the Revisional court could not have left the case merely by setting aside the order of the enquiring Magistrate without recording a finding on its own on the dispute regarding factum of possession between the parties over the disputed lands or remanding the case back to the enquiring Magistrate for recording a proper finding on the issue. For better appreciation of the grounds, reference to...
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