Jharkhand Court August 2007 Judgments
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National Insurance Company Ltd. Vs. Usha Veena Rani Minz and anr.
Court: Jharkhand
Decided on: Aug-20-2007
Reported in: [2007(4)JCR10(Jhr)]
D.G.R. Patnaik, J.1. This appeal by the insurance company is directed against the judgment and award dated 7.8.2003 passed by the Motor Vehicle Accident Claims Tribunal, Ranchi, in Compensation Case No. 22 of 1977.2. The claimant Usha Veena Rani Minz/respondent No. 1 had filed a claim application on 8.3.1977 impleading the respondent No. 2 alone as the opposite party and seeking compensation for the injuries claimed to have been sustained by her allegedly involving the mini bus of the respondent No. 2. The claim petition was disposed of by an ex parte judgment and award whereby Rs. 10,000/- was awarded to the claimant against the owner of the alleged offending vehicle. The owner opposite party filed a petition for setting aside the ex parte judgment and for restoration of the claim petition. The petition was rejected and it was only pursuant to the order of the High Court that the claim petition was restored to its original file. Thereafter, the claimant appeared in the case on 27.2.19...
Bhavesh Kant Jha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-20-2007
Reported in: [2007(4)JCR649(Jhr)]
ORDERRamesh Kumar Merathia, J.Heard.1. Mr. J.P. Jha, learned senior counsel appearing for the petitioner relied on the judgment of this Court, in Arvind Vijay Bilung v. State of Bihar 2001 (2) JLIR 227, and submitted that after bifurcation, the respondent No. 7 could not pass the order of termination of the petitioner and the respondent No. 2 also could not follow the said order.2. Mr. Shamim Akhtar, learned Standing Counsel appearing for the State of Jharkhand submitted that a show-cause notice was issued to the petitioner on 21.4.1998 (Annexure 5) as to why his services be not terminated as he was appointed by one Shri Ramjee Yadav, the then District Manager, Industries, Dumka in illegal manner. Petitioner filed his show-cause on 4.5.1998 (Annexure 7). By letter dated 26.4.2000 (Annexure 6), petitioner was asked to produce certain documents. In pursuance thereof, the petitioner filed his reply on 26.5.2000 (Annexure 7/A). In such circumstance, he submitted that the respondent No. 7 w...
Adarsh Paper Board Co. Pvt. Ltd. and ors. Vs. Bank of India and ors.
Court: Jharkhand
Decided on: Aug-17-2007
Reported in: II(2008)BC593; 2008(56)BLJR461; [2008(1)JCR236(Jhr)]
D.G.R. Patnaik, J.1. This appeal is directed against the judgment dated 21.7.1997 and its corresponding decree dated 4.8.1997 passed by the Sub Judge-II, Seraikella in Money Suit No. 5 of 1990, whereby the suit was decreed in favour of the plaintiff and against the defendants.2. The suit was filed by the plaintiff / respondent against the pro forma respondent Nos. 2 to 5 and against the present appellants 1 to 5 for a decree for realizing a sum of Rs. 6,72,105.73 paise together with pendente lite and future interest from the defendants and also for declaration that there is valid and subsisting charge in favour of the plaintiff on the hypothecated goods, plant and machinery of the defendant No. 1 and for a declaration that the plaintiffs are entitled to seize and sell the plant and machinery of the defendant No. 1 for appropriation of the decretal amount.The proforma respondents 2 to 5 were arrayed as principal defendants, while the present appellants were arrayed as defendants 5 to 9....
Court on Its own Motion Vs. K.K. Jha 'Kamal'
Court: Jharkhand
Decided on: Aug-17-2007
Reported in: 2008(56)BLJR477; 2008CriLJ1140; [2008(1)JCR1(Jhr)]; 2008CriLJ1140(JharH.C)(FB)
Narendra Nath Tiwari, J.1 In this criminal miscellaneous petition, the judgment dated 3rd July, 2007 passed in Cont. (Cr.) Case No. 8 of 2006 by the Full Bench consisting of five Judges, has been sought to be reviewed/set aside by the contemner lawyer under the power enshrined under Article 215 of the Constitution of India.2. The grounds for seeking review are as follows:(i) The contemner had not been heard at all either on merit of the contempt application or on the merit of his application filed on 12th March, 2007.(ii) No charge was framed in the contempt proceeding which should have been served on the contemner lawyer and, thereafter, the charge should have been tried/heard before delivering the judgment.(iii) The contemner lawyer had 'anticipated mala fide attitude of the Judges' of the Larger Bench, which stood affirmed. Apprehending mala fide attitude of the Judges, he had sent a complaint dated 10th April, 2007 to Hon'ble the Chief Justice of India, Hon'ble Mr. Justice B.N. Aga...
Pakur Jagran Manch Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-17-2007
Reported in: [2007(4)JCR459(Jhr)]
M. Karpaga Vinayagam, C.J.1. This petition, by way of Public Interest Litigation, has been filed by one Social Organisation, by name, Pakur Jagran Manch. There are two reliefs, which are as follows:(i) The respondents, the authorities of the State, have been constructing 300 bedded hospital, estimated worth Rs. 5 crore without inviting tenders on the lands situated in Mouza Solagaria belonging to J.B. No. 13 bearing Plot No. 1061, which is recorded as Gochar Land. The same has to be stopped since it is not permissible under law.(ii) After commencement of construction, the State Government issued a notification dated 31.5.2007 denotifying the said Gochar Land, in order to hand over to the Health Department for the construction of the Hospital in violation of Sections 38, 67 and 69 of the Act which is invalid. Hence, the same has to be quashed.2. The case of the petitioner is as follows:(i) The petitioner is a social organization.(ii) On coming to know that in the Village Solagaria 300 b...
Deepak Prakash Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Aug-17-2007
Reported in: 2008(56)BLJR169; [2007(4)JCR265(Jhr)]
M. Karpaga Vinayagam, C.J.1. Deepak Prakash, the petitioner, who was initially appointed as Chairman of the Jharkhand State Mineral Development Corporation Limited (hereinafter referred to as the Corporation) by the order of the Governor dated 26.10.2003 invoking powers under Article 35(a) of the Articles of Association of the Corporation, was removed from the post of Chairman on 4.5.2007 by the Governor invoking Article 35(e)(iv) of the Articles of Association. Aggrieved by the same, the petitioner has filed this writ petition invoking Article 226 of the Constitution of India.2. The petitioner has made two-fold prayer in the present writ petition - (i) for declaring the powers of the Governor under Article 35(e)(iv) of the Articles of Association of the Corporation for removal of the Chairman as void and ultra vires to Article 14 of the Constitution and (ii) for holding that the order of removal of the petitioner from the post of Chairman of the Corporation through notification dated ...
Smt. Uma Kumari Devi and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-17-2007
Reported in: [2008(1)JCR68(Jhr)]
Ramesh Kumar Merathia, J.1. The petitioners have challenged the notification published in Ranchi Gazette on 1.4.1984 (Annexure 1) in so far as it relates to the land of village Baridih, Ratu Thana No. 237 having a total area of 30.30 acres under the provision of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act').2. Mr. Indrajeet Sinha, appearing on behalf of the petitioners, submitted that the petitioners' mother Late Lalin Madan Kumari executed a registered Will in their favour on 21.1.1978 with regard to the said land. He submitted that a probate case was filed in the Court of the Judicial Commissioner, Ranchi being Probate Case No. 59 of 1986 and the same was decided by judgment dated 17.12.1992 in favour of the petitioners. The objectors filed F.A. No. 57 of 1993(R) in this Court and ultimately the same was decided in petitioners' favour by judgment dated 31st July, 1998. Thereafter, the petitioners fil...
Jharkhand Hill Resources Development Society Vs. Union of India (Uoi) ...
Court: Jharkhand
Decided on: Aug-17-2007
Reported in: [2007(4)JCR653(Jhr)]
ORDER1. As directed by this Court, a detailed report, containing various details of the filled up posts and the vacant posts, to be filled up in a phased manner, has been filed in the form of affidavit. It is assured that the filling up of posts against teaching and non-teaching staff in the Central Institute of Psychiatry (CIP), Kanke will be done in a phased manner, which is a time consuming job as it involves clearance/ approval from various agencies like Ministry of Health and Family Welfare. It is further assured that all bona fide efforts would be made to fill up the posts of teaching and non-teaching staff and the tentative time required for filling up the posts on regular basis is six months to one year, as indicated in Annexures-A to I.A. No. 2394 of 2007.2. We have gone through Annexure-A. There are varieties of posts, numbering eighteen. According to the respondents, some of the posts require six months' time and some of the posts require one year's time to be filled up. We ...
Chandrai Pahariya and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Aug-14-2007
Reported in: [2008(1)JCR63(Jhr)]
1. Criminal Appeal (DB) No. 313 of 2000 has been preferred by the appellants from jail whereas Cr. Appeal (DB) No. 361 of 1997 (P) has been filed through lawyer. Since both the appeals arise out of the same order of conviction and sentence, both of them have been taken up together for disposal.2. All the four appellants have preferred these appeals against the judgment and order dated 28.4.1997 and 30.4.1997 passed by Sessions Judge Sahibganj in Session Trial No. 99 of 1994 whereby and whereunder all the four appellants have been convicted under Section 396 of the Indian Penal Code and sentenced to undergo RI for life.3. Brief facts leading to these appeals are that in the night of 23/24.12.1991, mauza Dhanbhitta P.S. Barhait situated in interior of Sahibganj was raided by dacoits. As further stated many houses were ransacked and household articles including cash were looted from the hamlets. During this dacoity the house inmates were assaulted on resistance made by them. The police ar...
Ram Janam Singh @ Ram Janam Kharwar, Shankar Choudhary and Ketar Bhuiy ...
Court: Jharkhand
Decided on: Aug-14-2007
Reported in: [2008(1)JCR90(Jhr)]
D.K. Sinha, J.1. All the three sets of Cr. Appeals are directed against the judgment of conviction passed against the appellants by the 1st Addl. Sessions Judge, Garhwa in Sessions Trial No. 316 of 1993 on 12.5.2003 whereby and whereunder the appellant Ram Janam Singh @ Ram Janam Kharwar @ Charku (Cr. Appeal No. 703/03) and the appellant Shankar Choudhary (Cr. Appeal No. 704/03) were convicted under Sections 366/34, 342/34 and 376/34, IPC and sentenced to undergo RI for 7 years, 1 year and 10 years respectively. The appellants Ketar Bhuiyan and Basudeo Bhuiyan (Cr. Appeal No. 692 of 2003) were convicted only under Sections 364/34 and 342/34, IPC and sentenced to undergo RI for 7 years and 10 years respectively arising out of Meral P.S. Case No. 83/92 which was lodged on 12.10.1992 on the statement of the informant PW 2 Faguni Devi.2. The prosecution story as it stands narrated in her statement at the police station is in the following manner. Faguni Devi along with her husband Suresh B...
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