Jharkhand Court June 2008 Judgments
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Raj Vanshi Singh Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-13-2008
Reported in: [2008(4)JCR515(Jhr)]
D.K. Sinha, J.1. This Cr. Revision is directed against the order dated 30.9.2000 passed by Shri Santosh Kumar, Judicial Magistrate, 1st Class Giridih is T.R. No. 347 of 2004 arising out of complaint case No. 923/1993 whereby and whereunder the application filed by the petitioner Raj Vanshi Singh for his discharge under Section 245(1) of the Code of Criminal Procedure was rejected.2. The brief fact of the case was that the O.P. No. 2 complainant had filed a complaint Case No. 923 of 1993 on 2.12.1993 against the petitioner and others for the alleged offence under Sections 323/325/342/30 and 379, IPC. After enquiry under Section 202, CrPC learned C.J.M took the cognizance of the offence under Sections 323, 325, 342 and 379, IPC.,3. The prosecution story in short was that one Raj Kumar Roy had sold a cow for Rs. 565/- to one Khalil Mian and the cow was kept in the house of Rahmat Mian in the village Lal Bazar. When it was learnt by the 'Sarpanch' Muslim Mian and others that the cow was ke...
Shagufa Bano and Md. Sunaid Alam Vs. Ccl and ors.
Court: Jharkhand
Decided on: Jun-13-2008
Reported in: [2008(4)JCR301(Jhr)]
ORDERNarendra Nath Tiwari, J.1. The points, in both the writ petitions, are inter-related. The petitioner of the writ petitions claim their appointment on compassionate ground after the death of late Md. Idris in harness while he was posted as Superintendent Engineer under the respondents-M/s. Central Coal Fields Ltd.2. The case of Shagufa Bano the petitioner in WP (S) No. 4192 of 2007 is that her husband had married twice. His first wife was one Sahnaz Khatoon. Out of the said wedlock, there are two sons, Jawed Ahmad Siddique and Md. Junaid Alam (petitioner of WP (S) No. 2478 of 2007). The second son, Jawed Ahmad Siddique was born in 1990. Thereafter the first wife of Md. Idris died in 1990. Second marriage with the petitioner Shagufa Bano took place in 1991. At that time, the second son, Junaid Alam was living with his maternal uncle as his adopted son. The petitioner claims that Md. Idris had made the petitioner and his first son, Jawed Ahmad Siddique, as his nominees for 50% each. ...
Momina Khatun Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Jun-11-2008
Reported in: [2008(118)FLR503]; [2008(3)JCR305(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. In view of the facts stated in the interlocutory application and the grounds taken therein, this interlocutory application is allowed and the amendment as sought for is hereby allowed.3. Let this interlocutory application be treated as a part of the main writ application.W.P.S. No. 2557 of 20074. With the consent of the parties this writ application has been heard on its merit and is being disposed of at this stage itself.5. The writ petition is the widow of the deceased employee of B.C.C.L., who died in harness on 21.5.2000. The petitioner applied for appointment of her son namely Bablu Sheikh on compassionate ground under the provisions of 9.3.2. of the National Coal Wages Agreement-VI on 22.6.2000. The prayer for compassionate appointment of the son of the petitioner has been rejected by the authorities of the B.C.C.L. by issue of an order dated 6/7.1.2007 as contained in Annexure-11 to the interlocutory application, which has been tr...
Rajesh Ranjan Shrivastava Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-11-2008
Reported in: [2008(3)JCR398(Jhr)]
D.K. Sinha, J.1. This Cr. Revision is directed against the order impugned passed by the ACJM, Koderma in M. Case No. 18 of 2001 on 30.7.2005 whereby and whereunder the petitioner was directed to pay a sum of Rs. 1500/- to O.P. No. 2 Pinki Sinha @ Nitu Kumari Sinha and Rs. 1.000/- to O.P. No. 3 Gudal Kumari Sinha per month each total to the tune of Rs. 2500/- as the maintenance in a proceeding under Section 125 CrPC.2. The O.P. Nos. 2 and 3 initiated a proceeding under Section 125 CrPC for a sum of Rs. 10,000/- monthly maintenance on the ground that the petitioner refused to maintain them being his wife and daughter respectively. It was further stated that the petitioner was a graduate having earning of Rs. 10,000/- per month from tuition, Rs. 1 lakh per annum from cultivation and Rs. 2,000/- per month from house rent.3. Learned ACJM, Koderma after examining the evidence adduced on behalf of the parties held that the O.P. No. 2 was the wife of the petitioner, legally married on 21.5.199...
Gautam Giri Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-11-2008
Reported in: [2008(3)JCR402(Jhr)]
D.K. Sinha, J.1. The petitioner Gautam Giri has preferred this Cr. Revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the order impugned passed by the Sessions Judge, Hazaribagh in Cr. Appeal No. 97 of 2005 on 20.7.2005 whereby and whereunder the plea of the petitioner that he be declared juvenile was dismissed upholding the order of the ACJM, Hazaribagh dated 7.6.2005 arising out of Ramgarh P.S. Case No. 322 of 2004 for the alleged offence under Sections 302/201/34/220-B/364-A, IPC.2. The prosecution story in short was that the O.P. No. 2 informant stated in his fardbeyan on 15.7.2004 that his nephew Bhavesh Mishra who had gone to Rakesh Tuition Centre, Ranchi Road for tuition in the day hours, as usual, did not return by 5.30 p.m. When Bhavesh Mishra did not return even late in the evening, the informant started searching in near relations but the missing boy could not be located. At about 7.15 p.m. on the same day the informant rece...
Mahanand Jha and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-11-2008
Reported in: [2008(3)JCR396(Jhr)]
D.K. Sinha, J.1. The Criminal Revision is directed against the validity and legality of the impugned order passed by the SDJM, Godda in T.R. No. 589 of 2005 on 16.5.2005 whereby and whereunder the petition for the discharge of the petitioners under Section 239 Code of Criminal Procedure was rejected.2. The factual matrix of the case as it stood narrated by the O.P. No. 2 Smt. Vinita Jha in his written report presented before the Godda police was that she was married to Rajiv Kumar Jha son of the petitioner No. 1 and 2 on 11.7.1997 according to the Hindu rituals and after marriage she went to her matrimonial home at village Panjwara where she was terrorized and threatened to bring Rs. 1,50.000/- from her parental home as she had carried nothing with her on the eve of marriage, lest her life would be made miserable. Her husband was posted as lecturer at Mahila College. Godda. She further alleged that when she conceived during her stay at matrimonial home, her-in-laws put pressure for abo...
Prashant Swarup and anr. Vs. Union of India (Uoi) and anr.
Court: Jharkhand
Decided on: Jun-11-2008
Reported in: [2008(119)FLR1095]; [2009(1)JCR213(Jhr)]; (2009)IILLJ416Jhar
ORDERR.R. Prasad, J.1. This application filed under Section 482 of the Code of Criminal Procedure is directed against the order dated 24.4.2006 passed by Additional Sessions Judge, Ghatsila in Cr. Rev. No. 105 of 2003 affirming the order dated 11.3.2003 passed by Additional Chief Judicial Magistrate, Ghatsila in C/2 case No. 13 of 2003 taking cognizance of the offence under Section 9(2) of the Payment of Gratuity Act.2. The facts giving rise this application are that Labour Enforcement Officer (Central), Chaibasa, opposite party No. 2, lodged complaint against the petitioner No. 1, General Manager, Hindustan Copper Limited, Ghatsila and also against the petitioner No. 2, Assistant General Manager, (Mines), Hindustan Copper Limited, Ghatsila alleging therein that petitioners being employers within the meaning of Section 2(f)(ii) of the Payment of Gratuity Act (hereinafter referred to as 'the Act') in respect of establishment of Masoboni Group of Mines, Surda, of Hindustan Copper Limited...
Dayanand Bhadani Vs. Prabhat Kumari Bhadani and ors.
Court: Jharkhand
Decided on: Jun-10-2008
Reported in: [2008(3)JCR258(Jhr)]
ORDERM.Y. Eqbal, A.C.J.1. By this application under Article 227 of the Constitution of India, petitioner, who is defendant in Title Suit No. 33 of 2001, has challenged the order dated 30.8.2006 passed by Sub. Judge, Koderma whereby he has rejected the application filed by the petitioner for admitting certain documents as exhibits.2. The facts of the case lie in a narrow compass:The plaintiff-respondents filed Title Suit No. 33 of 2001 against defendant-petitioner and others for declaration that the suit property is joint ancestral property of Babu Ram, the common ancestor of the parties, and also for declaration that in the record of right, entry of name of defendant in Khata No. 911 is wrong and illegal. On receipt of summon, petitioner appeared in the case and filed petition for time for filing written statement. Since defendant did not file written statement within time, he was debarred from filing written statement by order dated 19.5.2005 and the suit was fixed for ex parte hearin...
Ranchi Nagar Nigam Pensioners Samaj Through Its Secretary Vs. State of ...
Court: Jharkhand
Decided on: Jun-10-2008
Reported in: [2008(3)JCR301(Jhr)]
R.K. Merathia, J.1. Heard the parlies at length.2. This writ petition has been filed for quashing the order dated 27.3.2004 passed by the respondent No. 2 (Annexure-5) rejecting petitioner's representation and confirming the order dated 16.2.2000 passed by the Finance Commissioner, Bihar, Patna; and for directing the respondents to pay gratuity to be calculated by adding 97% Dearness Allowance (D.A.), pension on the basis of adding 295% D.A., interest on the provident fund amount and medical allowance at par with the Government servant.3. Mr. A.K. Sahani, learned Counsel, appearing for the petitioner, submitted as follows. Petitioner is an association representing retired officers and servants of Ranchi Municipal Corporation (Corporation for short). After retirement, it's members are entitled to leave salary, gratuity, provident fund and medical allowance, etc. In view of the resolution under memo No. 663 dated 3.2.1981 and memo No. 1323 dated 11.4.1991 issued by the Urban Development ...
Bibi Jamila and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-10-2008
Reported in: [2008(3)JCR293(Jhr)]
ORDERR.R. Prasad, J.1. When the construction of a High Tension Transmission Tower was going on allegedly on the land of the petitioner for laying overhead High Tension Transmission line, this writ application was filed for issuance of an appropriate writ directing the respondents including Damodar Valley Corporation (for short 'Corporation') to stop the construction of the said Tower, as the same was being constructed without resorting to the provisions of the Land Acquisition Act for the acquisition of the said land and without compensation being paid and as such the prayer has also been made directing the respondents to pay adequate compensation for the land on which transmission tower is being constructed.2. The case of the petitioners, as has been made out in the application, is that the petitioners are the rightful owners of the land over which transmission tower is being constructed and overhead transmission line is being laid, though the Authorities never acquired the land and p...
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