Jharkhand Court June 2007 Judgments
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Ripusudan Dubey Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Jun-25-2007
Reported in: [2007(4)JCR202(Jhr)]
M. Karpaga Vinayagam, C.J.1. Ripusudan Dubey, the petitioner, has filed this contempt application to initiate contempt proceedings against the respondents for their willful and deliberate non-compliance of the interim order dated 23.8.2005 passed by the learned Single Judge in W.P (S) No. 3970/2005.2. The short facts leading to filing of this contempt application are as follows:The petitioner filed a writ application, W.P.(S) No. 3970/2005 with the prayer for quashing the resolution dated 31.3.2003 issued by the Commissioner-cum-Secretary, Personnel & Administrative Reforms, Government of Jharkhand, whereunder the Government of Jharkhand took a decision in respect of the seniority of Scheduled Caste and Scheduled Tribe Government servants, which is said to have been issued in pursuance of the 85th Amendment of the Constitution of India amending Article 16(4A) thereof.As per the final gradation list of the cadre to which the petitioner belonged published by the State of Bihar on 15.7.20...
Jadhunandan Rai @ Jadunandan Rai and ors. Vs. State of Jharkhand and a ...
Court: Jharkhand
Decided on: Jun-25-2007
Reported in: [2008(1)JCR507(Jhr)]
ORDERD.K. Sinha, J.1. The present Cr. Appeal is directed against the judgment of conviction under Section 420 of the Indian Penal Code and order of sentence for seven years rigorous imprisonment with fine stipulation of Rs. 5,000/- to each of the appellants. The fine amount after realization was directed to be paid to the mother of the deceased by way of compensation and in default to suffer rigorous imprisonment for a period of two years each passed by the Additional Sessions Judge, FTC II, Dhanbad in Sessions Trial No. 179 of 2000.2. The brief facts of the case of the informant Kuldeep Singh presented as written report before Danbad (Dhansar) police was that on 5.9.1998 his brother Diljeet Singh committed suicide by drowning in Chhat Talab out of frustration and deception caused by the appellants. It was further stated that the appellants had obtained a sum of Rs. 70,000/- from Diljeet Singh and also obtained signature of the mother of the deceased Channi Devi (PW 4) on separate blan...
Deo Krishna Prasad @ Laloo Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jun-22-2007
Reported in: 2008(56)BLJR311
D.G.R. Patnaik, J.1. Arpan Mukherjee @ Jay, 11 years old school boy came home from school in the afternoon of 9.10.2001. At about 4.00 PM on the same day, he left home telling his mother that he was going to the house of his friend Sunil Das nearby and would return within ten minutes, but the boy did not return. About 5.30 PM his friend Sunil Das came to the house of Arpan asking Arpan's mother regarding the whereabouts of Arpan. The mother replied that her son had gone to his (Sunil's) house. Thereafter, Sunil Das went away. A few moments later, Arpan's mother Sujata Mukherjee (PW8) found an envelope containing a letter lying on the ground near the gate of her house. She gave the letter to her husband, who had by then returned home from work. On reading the letter, father of the boy namely Sameer Kumar Mukherjee (PW9) realized that it was a threatening letter containing demand for ransom money and that his son Arpan has been kidnapped by some criminals. A demand for a sum of Rs. 2.00 ...
Hari Sao, Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jun-22-2007
Reported in: 2007(2)BLJR2864; [2008(3)JCR676(Jhr)]
D.G.R. Patnaik, J.1. This appeal is directed against the judgment and order of conviction and sentence dated 8.8.2003 passed by the learned Additional Sessions Judge, Fast Track Court Vth, Giridih in Sessions Trial No. 233 of 1988 whereby the appellants have been convicted under Section 302/34 of the Indian Penal Code and, accordingly, sentenced to undergo rigorous imprisonment for life.2. Facts of the case, in brief, is that Janki Sao (deceased) resident of village Kharkhari, P.S. Tisri, Distinct Giridih left his house early in the morning of 10.8.1987 at 5.30 a.m. carrying a file containing documents of court litigation and some cash. He was on his way to attend the civil court at Giridih. While he was crossing through a place known as Leduatand, he was ambushed by four persons, one of whom was his brother Moti Sao, while others were his sons Hari Sao, Sahdeo Sao, Bhuna Sao and Pari Sao. All of them were armed with lathis and tangis. Hari Sao gave a lathi blow on Janki Sao thereby fe...
indrajit Singh @ Jite Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jun-22-2007
Reported in: 2007(2)BLJR2876
D.G.R. Patnaik, J.1. The appellant was charged with, tried and convicted for the offences under Sections 364/34, 302/34 and 201/34 IPC and was sentenced to undergo imprisonment for life by the 3rd Additional Sessions Judge, Jamshedpur vide impugned judgment dated 31.5.2001 passed in Sessions Trial No. 234 of 1999/49 of 1999. The jist of the charge is that the appellant along with the co-accused Laxmi Narayan @ Babu, had kidnapped the informant's minor son Baldev Singh @ Munna in the morning of 9.11.1998 and had later, committed his murder and concealed the dead body of the deceased within the bushes in the jungle.2. The case against the appellant and another co-accused was registered at the police station on the basis of the written report lodged on 10.11.1998 by the informant Mukhtar Singh (father of the deceased). The facts of the prosecution's case, briefly stated is that in the morning of 9.11.1998 at about 10.00 AM the informant's minor son Baldev Singh @ Munna aged eight years, w...
Sunita Devi and Vijya Laxmi Devi Vs. the Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Jun-22-2007
Reported in: I(2008)BC492; [2007(4)JCR362(Jhr)]
Narendra Nath Tiwari, J.1. In both the writ petitions, a common prayer has been made for quashing the 'Notice Inviting Tender' (NIT for short) dated 1.5.2007, whereby tender has been invited for allotment of STD/ISD/PCO/Fax/Internet Booth at Platform No. 1 of Tatanagar Railway Station. It has been stated that earlier NIT was published on 30.7.2003 in the daily newspaper 'Hindustan Times', Jamshedpur Edition for allotment of the aforesaid STD/ISD/PCO/Fax/Internet Booth on Platform No. 1 of Tatanagar Railway Station on a license fee-cum-commission basis. One booth at Platform No. 1 was reserved to be allotted to a women. According to the terms of the tender notice, tender was to be submitted in two parts, Packet-A was for technical bid and Packet-B was for price bid. Both the petitioners had participated in the tender and submitted all their required documents as per requirement of NIT. It has been stated that the tender was opened for technical offer on 11.9.2003 by the Tender Committee...
Jagat Lohar and Kaila Lohar and Amrit Sai and Jamuna Sai Vs. the State ...
Court: Jharkhand
Decided on: Jun-22-2007
Reported in: 2008(56)BLJR303; [2007(4)JCR94(Jhr)]
D.G.R. Patnaik, J.1. Both these appeals separately preferred by the appellants against a common judgment and order of conviction and sentence were heard together and are being disposed of by this common judgment.2. The appellants were charged with, tried and convicted for offences under Sections 302/149, 307/149 and 148 of the Indian Penal Code, and sentenced to undergo life imprisonment, besides payment of fine, for offences under Sections 302/149 IPC, and sentenced to undergo rigorous imprisonment for ten years for offences under Section 307/149 of the Indian Penal Code.3. The gist of the charge against the appellants is that on 18.11.1995 they along with others had formed an unlawful assembly armed with lethal weapons and had assaulted the informant Malkan Sai, his daughter Chanchal Kumari and his son Loknath Sai causing serious injuries to the informant and fatal injuries to his two children. The case was registered on the basis of ford beyan (Ext. 7) of the informant Malkan Sai (P...
Samir Kumar Mukherjee Vs. the State of Jharkhand and Rajendra Thakur
Court: Jharkhand
Decided on: Jun-22-2007
Reported in: 2008CriLJ502
D.G.R. Patnaik, J.1. Petitioner has preferred this revision application against the judgment of acquittal dated 4.8.2003 passed by learned Sessions Judge, Deoghar in Sessions Case No. 75 of 2002, whereby opposite party No. 2 Rajendra Thakur was acquitted from the charges the offences under Sections 364A/34, 302/34 and 201/34 IPC.2. Case against the accused persons was registered on the basis of the F.I.R. lodged by the present petitioner at the police station in respect of kidnapping of his minor son Arpan Mukherjce @ Jay aged 11 years in the evening of 9.10.2001. As per the allegation in the F.I.R., the minor boy had returned home from the school in the afternoon of 9.10.2001 and at about 4.00 PM he left home telling his mother that he is going to visit his friend Sunil Das nearby and would return within 10 minutes, but he did not return. About 5.30 PM his friend Sunil Das came to the house of Arpan asking Arpan's mother regarding the whereabouts of Arpan, but the mother replied that ...
Som Hembrom Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jun-22-2007
Reported in: [2007(4)JCR313(Jhr)]
D.G.R. Patnaik, J.1. The appellant was charged with, tried and convicted for offences under Section 302 of the Indian Penal Code, by the learned Additional Sessions Judge, Rajmahal in Sessions Trial No. 190 of 1998 and was accordingly sentenced to undergo life imprisonment.2. The gist of the charge is that on 2.3.1998, the appellant had killed his own wife, namely, Hopenmai Murmu at his own house situated at village Khokhrotola, P.S. Rajmahal within the District of Sahibganj.3. The case was registered on the basis of the fardbeyan (Ext. 3) of the informant Shibu Murmu (PW 6) recorded at 2.45 p.m. on 3.3.1998. Formal FIR was however drawn and the case was registered on 4.3.1998. After recording the fardbeyan, the police officer had conducted inquest in respect of the dead body of the deceased and prepared inquest report in presence of the witnesses whereafter he forwarded the dead body to the hospital for post-mortem examination. Autopsy was conducted by Dr. N.K. Jha (PW 5) on 4.3.1998....
Deoraj Singh Transport Contractor Vs. the Central Coalfields Ltd. and ...
Court: Jharkhand
Decided on: Jun-22-2007
Reported in: [2007(4)JCR169(Jhr)]
Narendra Nath Tiwari, J.1. In this writ petition, the petitioner has prayed for a direction on the respondents to open the Financial Bid of the petitioner and consider the same along with other bidders and in case, the petitioner is found successful, to allot the work to the petitioner for which he has submitted his tender in response of NIT No. CCL/CGM(T}/Kuju/2003-317 dated 12th December, 2006.2. Petitioner's case, in short, is that a notice Inviting Tender (in short 'NIT') was published by the Central Coalfields Ltd. (in short 'CCL'), Ranchi, being NIT No. CCL/CGM(T)/Kuju/2003-317 dated 12th December, 2006 (Annexure-1) for the work, transfer of coal by Contractor's Pay Loader into Contractor's Tipping Trucks at Topa Reorganisation, O.C. Project, Surface Stock and Transportation to NR Siding after weighment at Ara Road Weighbridge and Siding Weighbridge. According to the NIT the tenders were to be received in the office till 2nd January, 2007 and to be opened at 11 a.m. on 4th Januar...
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