Jharkhand Court June 2007 Judgments
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Geeta Agarwal Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-22-2007
Reported in: [2008(3)JCR665(Jhr)]
ORDERD.K. Sinha, J.1. The present Criminal Revision has been directed against the order impugned dated 13.12.2005 passed by Shri Anil Kumar Pandey, Judicial Magistrate, 1st Class, Giridih in T.R. No. 832/05 arising out of Giridih (T) P.S. Case No. 35 of 2000 whereby and where under the discharge petition filed by the petitioner Geeta Agarwal was rejected.2. The prosecution story in brief is that the O.P. No. 2 Deepak Kumar Sinha presented a written report before the Giridih police alleging therein that he had entered into an agreement with the petitioner on 29.8.2000 whereby the petitioner had agreed for sale of her land appertaining to Holding No. 351, Ward No. 1 situated at Makatpur @ 17,000/- per Katha for total area of 2 Big has and in this connection she received Rs. 1,00,000/- as an advance on 29.8.2000 and further received Rs. 30,000/- on 5.10.2000 and Rs. 1,20,000/- on 3.10.2000 against the receipts. It was further alleged that the petitioner herein made over the possession of ...
Gulam KutbuddIn @ Lal Babu @ Gulam QutubuddIn and ors. Vs. the State o ...
Court: Jharkhand
Decided on: Jun-22-2007
Reported in: 2008CriLJ1150; I(2008)DMC433; [2008(3)JCR661(Jhr)]
D.G.R. Patnaik, J.1. The petitioners have prayed for quashing the order dated 7.9.2004 passed in Cr. Revision No. 94 of 2004 by the Additional Sessions Judge, FTC. 1 Jamshedpur, whereby while setting side the order of dismissal of complaint passed by the learned Magistrate in C1-1269 of 2003, the Revisional court had directed the Magistrate to issue summons against the petitioners calling upon them to face trial for the offences under Sections 498A/323/147/148/149 IPC.2. Facts of the case, in brief, is that the opposite party No. 2 had filed a compliant before the learned Chief Judicial Magistrate on 6.12.2003 which was registered as C1-1269 of 2003 against the present petitioners alleging , inter alia, that her marriage with the petitioner No. 1 was solemnized on 27.5.2002 where after she came to live with her husband at her matrimonial house in the company of her parents-in-law, brothers-in-law and sister-in-law. She learnt within two months of her marriage that her husband, in fact,...
Jharkhand Bangabhashi Samiti Through Its Secretary, Sri Barun Kumar Sa ...
Court: Jharkhand
Decided on: Jun-21-2007
Reported in: 2008(56)BLJR333; [2007(4)JCR340(Jhr)]
Narendra Nath Tiwari, J.1. In this writ petition, the petitioner has sought a direction on the respondents to appoint the teachers in primary, middle and high schools who are able to teach different subjects, namely, Physics, Chemistry, Biology etc in Bangla medium and also to direct the State authorities to implement the directives/guidelines issued by the Chief Secretary, Government of Jharkhand dated 21.6.04. The petitioner claims to be a society registered under the Societies Registration Act. It has been stated that in the State of Jharkhand there are about 42% Bangla speaking population and a number of primary, middle and high schools impart education in Bangla medium. A meeting of Chief Ministers of the State and the Central Ministers was held in the year 1961 which was presided over by the Prime Minister. In the said meeting the right of linguistic minorities and its different aspects were discussed in the light of the provisions of Articles 29, 30, 350A and 350B of the Constit...
Kamlesh Kumar Vs. Central Bureau of Investigation and
Court: Jharkhand
Decided on: Jun-21-2007
Reported in: 2008(56)BLJR458
M. Karpaga Vinayagam, C.J.1. C.B.I initiated the proceedings against the petitioner under Section 3 of the Criminal Law (Amendment) Ordinance, 1944, before the court below for grant of ad interim order of attachment of the properties detailed in their application and further for making the same absolute as envisaged under Section 5 of the Ordinance, 1944. After passing ad interim order of attachment, the court below initiated proceedings and issued notice to the petitioner. The petitioner, on receipt of the notice, appeared before the learned Special Judge, and filed an application for dropping the proceedings initiated against him, as the Ordinance, 1944, is not an existing law. The said application was rejected. Hence, this writ petition has been filed before this Court seeking for quashing of the order dated 29.6.2006.2. The short facts are as follows:In pursuance of the orders passed by the High Court and the Supreme Court, investigation of certain cases relating to Fodder Scam had...
Vijay Kumar Mallik, Vs. the State of Jharkhand and
Court: Jharkhand
Decided on: Jun-21-2007
Reported in: 2008(56)BLJR338; [2007(4)JCR622(Jhr)]
M. Karpaga Vinayagam, C.J.These two appeals are filed against the order dated 13.10.2004 passed by the Special Judge making ad interim order of attachment absolute and for setting aside the order dated 18.10.2004 and 14.12.2004 appointing Receiver under Section 9(2) of the Ordinance, respectively.2. The short facts are as follows:In pursuance of the orders of the High Court and the Supreme Court, C.B.I, Patna, took up investigation in Fodder Scam cases on the allegation that one Gauri Shankar Prasad in conspiracy with the appellants defrauded the Government to the extent of several crores of rupees during the period 1995 to 1996. During the course of investigation, it transpired that fraud was the outcome of the conspiracy in which suppliers and officials of the Animal Husbandry Department connived with one another. The first appellant, Vijay Kumar Mallik, is also involved in R.C Case No. 28A/96, R.C Case No. 32A/96 and R.C Case No. 33A/96. Investigation conducted in these cases reveal...
Ravi Sinha and ors. Vs. the State of Jharkhand Through C.B.i. Spec. an ...
Court: Jharkhand
Decided on: Jun-21-2007
Reported in: [2008(1)JCR110(Jhr)]
M. Karpaga Vinayagam, C.J. 1. Cr. Appeal No. 307/01 arises out of an order dated 3.5.2001 passed by the Judicial Commissioner, Ranchi, whereby the ad interim order of attachment dated 30.8.1996 was made absolute under the provisions laid down under Section 5(3) of the Criminal Law (Amendment) Ordinance, 1944. Cr. Appeal No. 310/2001 arises out of the consequential order appointing Receiver on 12.6.2001.2. The short facts leading to filing of this appeal are as follows:Pursuant to the orders of the High Court and the Supreme Court, C.B.I took up investigation in Fodder Scam cases and registered cases against several accused. Allegation in brief is that the accused persons, in pursuance of a conspiracy, defrauded Government of Bihar, now Jharkhand, to the extent of several crores during the period 1/990 to 1994 on the basis of fake allotment letters purported to have been issued by the Director, A.H. Department, for purchase of medicines. Fake supplies were shown by the suppliers and mon...
Om Prakash Goyal Vs. Bhikhari Dhanwar and ors.
Court: Jharkhand
Decided on: Jun-21-2007
Reported in: [2007(4)JCR290(Jhr)]
1. This appeal by the appellant who is owner of the vehicle is directed against the judgment and award dated 6.7.2004 passed by Motor Accident Claims Tribunal, Gumla in MJC case No. 38/99 whereby he has awarded a sum of Rs. 6,80,000/- by way of compensation and directed the Insurance Company to pay the said compensation amount arid recover the same from the owner of the vehicle.2. The facts of the case lie in a narrow compass:On 19.11.98, deceased Pramod Kumar Dhanwar was coining from Chainpur Circle Office, Chainpur where he was working as clerk. As soon the deceased reached near Chainpur Block turning the alleged vehicle (bus) came from Dumri to Ranchi in a high speed and dashed the deceased due to which he died on the spot. It was stated that driver did not stop the bus there on the side of the accident and fled away with bus and parked it at Chainpur police station. Claimant's case was that deceased was working in the Circle Office as Revenue Karamchari and was earning Rs. 4079.50 ...
Pagla @ Arun Keot Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jun-21-2007
Reported in: [2007(3)JCR605(Jhr)]
1. This appeal arises against the judgment of conviction and sentence passed on 5/4/1999 and 7/4/1999 respectively by the 6th Additional Sessions Judge, Dumka in Sessions Case No. 51 of 1997, where by the learned Sessions Judge found the appellant guilty for committing the offence under Section 302 of the Indian Penal Code and, thereby, convicted him there under the sentenced him to undergo R.I. for life.2. In short, the prosecution case is that the informant Saryu Ram lodged FIR alleging therein that on 9.11.1996 at around 5,30 a.m. his wife Meena Devi (the deceased) had gone to daily morning walk towards Kalimanda situated at Hizla Road. Around about 6.00 a.m. there was a hulla that a woman was assaulted and injured near Kalimanda. At this the informant went there and saw that his wife Meena Devi was lying there in pool of blood having grievous injuries on her face. Thereafter, the informant with the help of some other people took her to the hospital on a Rickshaw in unconscious stat...
Smt. Sangeeta Sinha, Vs. State of Jharkhand and ors. and State Through ...
Court: Jharkhand
Decided on: Jun-21-2007
Reported in: [2007(4)JCR287(Jhr)]
M. Karpaga Vinayagam, C.J.1. Criminal Appeal Nos. 151 and 154 of 2001 relate to appeals which are filed by the appellants Smt. Sangeeta Sinha and San-jay Sinha challenging the order dated 2.3.2000 whereby the ad interim order of attachment of properties made on 18.2.1997 has been made absolute under Section 5(3) of the Criminal Law (Amendment) Ordinance, 1944.Criminal Appeal No. 383/01 would relate to the appeal filed by the appellants Smt. Sangeeta Sinha and Sanjay Sinha challenging the consequential order passed by the Court below on 25.5.2001 whereby Receiver has been appointed in terms of Section 9(2) of the Criminal Law (Amendment) Ordinance, 1944.These three appeals can be disposed of by this common order, as they relate to the same appellants and same properties.2. The short facts are as follows:Appellant Sanjay Sinha is an accused in R.C. Case No. 47(A)/96 and other cases. He has been convicted in R.C. Case No. 19(A)/96, which is one of the Fodder Scam cases. According to the p...
Smt. Pulkeria Bhengraj @ Pulkaria Devi @ Pulcheria Orea and anr. Vs. S ...
Court: Jharkhand
Decided on: Jun-21-2007
Reported in: [2007(4)JCR298(Jhr)]
M. Karpaga Vinayagam, C.J.1. The appellants are Smt. Pulkeria Bhengraj and her husband, Dr. Junul Bhengraj. The appellants were facing trial in R.C. Case No. 35(A)/1996 along with some other cases on the allegation that second appellant, Dr. Junul Bhengraj, as Regional Director of Animal Husbandry Department, defalcated huge amount to the tune of several crores from the Government Exchequer during the period January, 1991 to March, 1996 and acquired moveable and immovable assets in the form of house, plot of land, bank account, cash etc. in his name and in the name of his wife, another appellant.2. C.B.I. during the course of investigation, found that appellant, Smt. Pulkeria Bhengraj, held immoveable property worth Rs. 5,58,121/- and moveable property worth Rs. 2,96,928.53 in her name and further found that appellant, Smt. Pulkeria Bhengraj, held considerable part of disproportionate assets in her name knowingly that these assets were acquired by her husband, Dr. Junul Bhengraj, throu...
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