Jharkhand Court January 2008 Judgments
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Shivani Basu and anr. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jan-17-2008
Reported in: [2008(2)JCR139(Jhr)]
ORDERD.K. Sinha, J.1. This petition under Section 482 of the Code of Criminal Procedure has been filed for quashment the order dated 7.5.2007 passed by Sri Priyadarshi, Judicial Magistrate at Deoghar in T.R. No. 104 of 2007 arising out in PCR Case No. 234 of 1999 whereby and whereunder the compromise petition filed on behalf of the complainant-opposite party No. 2 Annpurna Basu and Bochai Basu (petitioner No. 2) was refused and the Court declined to recall the prosecution witnesses for their further cross-examination.2. It was observed by the trial Court below that in n non-compoundable case a witness should not be permitted to be recalled for further cross-examination in order to enable him to resile from his earlier statement, by citing the decision reported in 2005 AIR SCW 2770. In my view, the learned trial Court lost sight of the fact that it was a matrimonial dispute and in catena of decisions, the Apex Court and various High Courts have taken lenient view for settlement of the d...
Rama Ballabh Upadhyaya and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jan-16-2008
Reported in: [2008(1)JCR426a(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties finally.2. In spite of notice, no one has appeared on behalf of respondent No. 6.3. Petitioners have challenged the order dated 19.4.2004, passed by the Member, Board of Revenue in Revision Case No. 7/2000 and also the final publication of draft statement made on 3.1.2000 under Section 11(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, (hereinafter referred to as the Act), pursuant to the order dated 17.7.1996, passed by the Additional Collector (Land Ceiling), Palamau in L.C. Appeal No. 10/1993-94, upholding the order dated 26.12.1993, passed by the Deputy Commissioner Land Reforms (DCLR), Palamau in L.C. Case No. 6/1973-74.4. In view of the order, I intend to pass, it is not necessary to narrate the facts in detail. According to the petitioner, the original land holder-Tapeshwari Pandey executed a registered deed of gift on 18.4.1963 in favour of his four 'Natis' namely the petitioners. The ...
Grace Biva Beck Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-16-2008
Reported in: [2008(1)JCR606(Jhr)]
ORDERN.N. Tiwari, J.1. The grievance of the petitioner's that by order dated 24th April, 2006, as contained in Annexure-5, she has been sought to be relieved from his present place of posting before taking any final decision on the representation made by him for reconsideration and reallocation of the cadre opted by her, in view of the provisions of the decision taken by the Central Government communicated by Letter No. 279/2002 dated 8th June, 2006. The petitioner's representation made before the Secretary, Labour, Employment and Training Department, Government of Jharkhand, Ranchi was forwarded to its counter part of the State of Bihar, which is pending for consideration, and no order has been passed on the petitioner's representation till date. In the meanwhile, the petitioner has been sought to be relieved by the impugned order (Annexure-5).1.1 Mr. S.P. Roy, learned Counsel appearing on behalf of the State of Bihar, submitted that if any such representation is pending before the Se...
Virendra Mahto and ors. Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Jan-16-2008
Reported in: [2008(1)JCR415(Jhr)]
M. Karpaga Vinayagam, C.J.1. The petitioner Nos. 1 to 20, belong to four villages, on their behalf and on behalf of 753 land-owners of the said four villages, have filed this writ petition, praying for quashing of notification issued on 18.11.1993, by the State Government cancelling the earlier notification dated 5.6.1993, issued on the basis of the letter of the Deputy Commissioner, Ranchi, dated 30.10.1993 and to restore the notification dated 5.6.1993 issued for appointment of the Arbitrator in respect of all the land-losers under Section 8(1)(b) of the Requisition and Acquisition of Immovable Property Act.2. The short facts are as follows:The State of Bihar, now Jharkhand, on the requisition of Defence Department, Union of India, acquired a vast track of land in four villages, namely, Sugnu, Garni, Lal Ganj and Khatanga in the year 1970 for military purposes. The total land measuring 1846.99 acres in the aforesaid four villages had been acquired under Section 7 of the Requisition a...
Md. Azam Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-16-2008
Reported in: [2008(1)JCR430(Jhr)]
R.K. Merathia, J.I.A. No. 3483 of 20071. Petitioner has filed this LA. for withdrawal of amount from his provident fund for his daughter's marriage which is fixed on 27th January, 2008. He has further prayed for payment of arrear of A.O.P. and City Allowance and increment of current year saying that the same has been paid to other similarly persons.2. No reply has been filed on behalf of the respondents, though copy of the said I.A. has been served on them on 17.12.2007. 3. Mr. R. Krishna, appearing for RIIMS, submitted that petitioner's services have not been absorbed in RIIMS and he is continuing to be a State Government's employee.4. Counsel for the State submitted that in absence of instruction, he is not in a position to say anything.5. In the circumstances, the Secretary, Health, Medical Education & Family Welfare, Government of Jharkhand, Ranchi (Respondent No. 2) and the Director, RIIMS, Ranchi (Respondent No. 3) are jointly directed to seek that petitioner gets his G.P.F. amou...
Dr. Bangali Baboo Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jan-16-2008
Reported in: [2008(117)FLR255]; [2008(1)JCR608(Jhr)]; (2008)IIILLJ52Jhar
ORDERD.K. Sinha, J.1. The present petition under Section 482 of the Code of Criminal Procedure is directed against the order impugned dated 3.11.2006 whereby and whereunder cognizance of the offence was taken under Section 24 of the Contract Labour (Regulation and Abolition) Act, 1970 against the petitioner and accordingly, summon was directed to be issued against him.2. The impugned cognizance order has been challenged and assailed on the ground of limitation as contained in Section 27 of the said Act.3. Section 27 of the Act deals with the limitation of the prosecution:No Court shall take cognizance of an offence punishable under this Act unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of an in spector.Provided that where the offence consists of disobeying a written order made by an inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have b...
Kishore Kumar Sharma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-16-2008
Reported in: [2008(2)JCR406(Jhr)]
ORDERN.N. Tiwari, J.1. The grievance of the petitioner is that by order dated 3rd October, 2007, as contained in Annexure-10, he has been sought to be relieved from his present place of posting before taking any final decision on the representation made by him for reconsideration and reallocation of the cadre opted by him, in view of the provisions of the decision taken by the Central Government communicated by Letter No. 279/2002 dated 8th June, 2006. The petitioner's representation made before the Secretary, Labour, Employment and Training Department, Government of Jharkhand, Ranchi was forwarded to its counter part of the State of Bihar, which is pending for consideration, and no order has been passed on the petitioner's representation till date. In the meanwhile, the petitioner has been sought to be relieved by the impugned order(Annexure-10).2. Mr. S.P. Roy, learned Counsel appearing on behalf of the State of Bihar, submitted that if any such representation is pending before the S...
Md. Rizwan Ali Vs. Ranchi Regional Development Authority and ors.
Court: Jharkhand
Decided on: Jan-15-2008
Reported in: [2008(1)JCR426(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ petition, the petitioner has prayed for quashing the order dated 31st January, 2004 passed by respondent No. 3 in Misc. Appeal No. 7 of 1999, dismissing the appeal for default and also for quashing the order dated 18th January, 1999 passed in U.C. Case No. 178 of 1996, whereby the respondent No. 2 has directed to demolish the construction of the petitioner holding the construction as unsanctioned.2. According to the petitioner, he is recorded tenant and the house, in question, was in existence since long and had been entered in the revisional survey record of right, published in the year 1935, The house, in question, is thus standing since several decades, since before the Jharkhand Regional Development Authority Act, 2001 came into existence. It has been stated that the petitioner has not made any construction after coming into force of the Bihar Regional Development Authority Act, 1974 and as such, there is no question of making any unsanc...
Ugro Barik @ Agro Barik and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jan-15-2008
Reported in: [2008(1)JCR640(Jhr)]
ORDERD.K. Sinha, J.1. This Cr. Revision is directed against the order dated 21.5.2007 passed by the Sessions Judge, Chaibasa whereby the petition filed on behalf of the petitioners under Section 227, Cr PC for their discharge was dismissed in Sessions Trial No. 93 of 2007 and charge was directed to be framed under Section 302/34, IPC.2. The prosecution story in short was that in course of cleaning of a well one Budhu Mahakud died on 29.5.2005 at village Nayagaon within Gua Police Station and it was alleged that the petitioners were responsible for that on account of the negligence as no arrangement was made for the safety of the deceased and he died of suffocation.3. Learned Counsel for the petitioners pointed out that initially the Gua police had registered a case of unnatural death vide U.D. Case No. 5 of 2005 on 29.5.2005 but after investigation the Investigating Officer submitted charge-sheet against the petitioners under Section 304/34, IPC.4. The petitioners preferred their petit...
indra Narayan Jha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-15-2008
Reported in: [2008(1)JCR425(Jhr)]
ORDERM. Karpaga Vinayagam, C.J.1. Heard the parties on LA. No. 140 of 2008.2. This interlocutory application for intervention, filed by Rajeshwar Prasad, is dismissed as not maintainable.3. Officer concerned is present. He has filed an affidavit tendering unconditional apology before this Court. It is stated through the show cause that the order has been passed on 10.1.2008 in consonance with the decision taken by the cabinet. As such, it is seen that the first direction of this Court to consider the case of the petitioner for promotion to the post of Superintending Engineer on regular/substantive basis has been complied with.4. In regard to the second direction of this Court to the effect that his further consideration for the post of Chief Engineer will depend only after he is able to secure the promotion to the post of Superintending Engineer on substantive basis that too if permissible under rules and vacancy is available, the learned Advocate-General, who is appearing for the oppo...
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