Jharkhand Court July 2008 Judgments
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Hari Shankar Modi Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jul-28-2008
Reported in: [2008(4)JCR45(Jhr)]
ORDERD.G.R. Patnaik, J.1. The petitioner has prayed for grant of anticipatory bail stating that he reasonably apprehends his arrest for non-bailable offence under Sections 409, 420 and 120-B of the Indian Penal Code in connection with a case registered against him on the basis of a complaint vide P.C.R. No. 83 of 2008 (T.R. No. 845 of 2008), presently pending before the Court of Is Class Judicial Magistrate, Dumka 2. The allegation in the complaint, as filed by the complainant who is an advocate by profession, that he being a habitual speculator in future share trading segment in NSE, has his business dealings with M/s. Asit C. Mehta Investment Intermediate Ltd. Bombay (Accused No. 1) through his computer installed in his office. The accused No. 5(the present petitioner), had approached the complainant and by representations that the accused No. 1 is a registered member of stock exchange as a stock broker and representing himself to be a sub-broker under the accused No. 1, had Induced ...
Sri Khoro Manjhi Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Jul-28-2008
Reported in: [2009(1)JCR120(Jhr)]
ORDERD.G.R. Patnaik, J.1. Petitioner in this writ application prays for a direction for quashing the order dated 11.9.2002, passed by the appropriate Government, whereby it had refused to refer the dispute of the petitioner for adjudication on the ground of delay of 15 years in raising the dispute.2. Learned Counsel for the petitioner submits that the essential prayer of the petitioner was for his compassionate appointment under the respondent No. 2 on the ground that the petitioner's brother, namely, Dailu Manjhi son of late Binwal Manjhi was an employee of K.S.P. (Ph-II) of C.C.L., Posted at Bokaro Thermal within the district of Bokaro, who died in harness on 1.9.1990. It is further submitted that at the time of his brother's death, the petitioner was a minor and, therefore, be could not apply for his compassionate appointment in terms of the Scheme of the employer on the ground of his brother's service and after gaining the age of majority in the year 1990, the petitioner had immedi...
Gangia OraIn Vs. Vice, Chancellor, Birsa Agriculture University and or ...
Court: Jharkhand
Decided on: Jul-25-2008
Reported in: [2008(4)JCR10(Jhr)]
D.G.R. Patnaik, J.1. Heard the counsel for the parties.In this application, the petitioner had prayed for the issuance of a direction to the respondents to pay the admitted retrial dues of the petitioner's deceased husband, along with 18% interest thereon besides the statutory interest and for further direction to the respondents to fix family pension of the petitioner.2. The husband of the petitioner was an employed under the respondent Birsa Agriculture University, Ranchi. While in service on the post of Field Officer, he died in harness on 16. 7.1997.The claim of the petitioner is that her deceased husband had a GPF Account No. 9387 as confirmed by order no 236 dated 5.5.1970 issued by the Regional Director, Agriculture Research Institute, Kanke, Ranchi, and also by the letter No. 16.5.2002 and letter dated 4.6.2002 issued by the Assistant Comptroller, Directorate of Research, Birsa Agriculture University, Ranchi (Annexure 1 series) to the rejoinder cum supplementary affidavit filed...
Dr. Hemendra Kumar Sinha Vs. State of Jharkhand Through Sp, Cbi
Court: Jharkhand
Decided on: Jul-25-2008
Reported in: [2008(4)JCR27(Jhr)]
R.R. Prasad, J.1. Heard learned Counsel appearing for the appellant and leaned counsel appearing for the CBI on the matter of bail.2. Learned Counsel appearing for the appellant submits that the appellant, who, at the relevant point of time, was posted as Poultry Veterinary Officer at Regional Poultry farm, Hotwar has been convicted for the offences under Section 420/467/468/471/477A/120B of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and was awarded with maximum sentence for six years for one of the offences on the allegation that the appellant without receiving any materials, such as feed, medicine, etc. granted certificate of receipt of those materials on the basis of which payments were taken by the suppliers but the prosecution has utterly failed in establishing that materials were never supplied to the Poultry farm as none of the witnesses has come forward to establish that fact. On the contrary, stock register...
Ganesh Marandih Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-25-2008
Reported in: [2008(4)JCR106(Jhr)]
ORDERD.G.R. Patnaik, J.1. This writ application has been filed for issuance of a direction to the respondent-authorities to appoint the petitioner on the post of chowkidar of Beat No. 1/19 at Mouza Bhilai under Maheshpur Police Station in the district of Pakur after cancelling the appointment of respondent No. 5 to the said post.2. The case of the petitioner is that the grand-father and the great grand-father of the petitioner were appointed as Chowkidars of Beat No. 1/19 at Mouza Bhilai under Maheshpur Police Station within the district of Pakur and their names were recorded in the last survey settlement as chowkidars. At the time of the death of the petitioner's grand father, the father of the petitioner was minor and as such upon the death of the petitioner's grand-father, the father of the respondent No. 5, namely, Ram Hembram was appointed as chowkidar. Though subsequently, by the Notification of the State Government, chowkidarss were declared as Government servants in 1990 but th...
Gulab Chand Khemka Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-25-2008
Reported in: [2008(3)JCR739(Jhr)]
ORDERM.Y. Eqbal, J.1. By this review application filed by respondent No. 5, the President. DAV (H.E.) School, Katrasgarh, Dhanbad a prayer has been made for review of judgment and order dated 29.10.2002 passed in CWJC No. 1624/2001. The order reads as under:Heard the counsel for the petitioner. In spite of time allowed by this Court by order dated 24.4.2001 the respondents has not filed counter affidavit though more than one and half years have passed.The petitioner seeks appropriate direction upon the respondents for his appointment on compassionate ground in place of his father who died in harness. The father of the petitioner, while working as head clerk in DAV (H.E.) School, Katras, died on 1.7.2000. Immediately after the death of his father he applied in the said school for his appointment on compassionate ground. The said application was followed by several representations. The case of the petitioner for appointment on compassionate ground was recommended by respondent Nos. 5, 6 ...
Md. Rahim Ansari Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-25-2008
Reported in: [2008(4)JCR21(Jhr)]
ORDERD.G.R. Patnaik, J.1. The petitioner has invoked the powers of this Court for initiating contempt proceedings under Section 12 of the Contempt of Court's Act against the respondents 2 to 4 on the ground that the respondents 2 to 4 had willfully disobeyed and disregarded the order/direction of this Court dated 11.10.2007 passed in A.B.A. No. 1630 of 2007.2. Facts of the case, stated briefly, is that the petitioner had filed an application vide A.B.A. No. 1630 of 2007 praying for anticipatory bail. By order dated 11.10.2007, pending hearing of the bail application, a Bench of this Court while calling for the case diary of the case under reference, passed interim order that no coercive steps shall be taken against the petitioner.3. The contention of the petitioner is that in spite of the above order of this Court restraining the respondents to take any coercive steps against the petitioner, respondent No. 3 being the officer-in-charge of Sunder Pahari Police Station, within the Distri...
Sardar Gurmukh Singh and anr. Vs. Sumer Chand JaIn and anr.
Court: Jharkhand
Decided on: Jul-25-2008
Reported in: [2008(4)JCR206(Jhr)]
D.R.R. Patnaik, J.1. The present appeal are directed against the common judgment dated 11.1.2005 passed by the 1st Additional District Judge, Hazaribagh, dismissing five Title Appeals filed against the judgment dated 31.3.1989 and its corresponding decree dated 10.4.1989 passed by the Sub-Ordinate Judge, Hazaribagh commonly in five separate Eviction Suits which were tried analogously along with one inter-pleader suit.Since questions of law involved in all these appeals are common, they are disposed of by this common judgment.2. Litigation in these appeals has a chequered history. The respondents Rupchand Jain, Sumerchand Jain and Dhirendra Kumar Jain filed individual eviction suits under the Rent Control Act praying for eviction of their respective tenants from the suit premises, on the ground of default in payment of monthly rents. Their claim was that the property constituting the suit premises in each suit was purchased by them by virtue of six separate registered sale deeds dated 2...
Hari Bansh Narayan Singh Vs. the State of Jharkhand and Sheo Prasad Ag ...
Court: Jharkhand
Decided on: Jul-24-2008
Reported in: 2008(56)BLJR2746
D.K. Sinha, J.1. Petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for the quashment of entire criminal proceeding arising out of Complaint Case No. 276 of 2000 wherein, after finding a prima facie case on enquiry under Section 202 of the Code of Criminal Procedure for the alleged offence under Section 506 of the Indian Penal Code, processes were directed to be issued against the accused including the petitioner Hari Bansh Narayan Singh, by the order dated 13.6.2001.2. The complainant- Sheo Prasad Agrawal alleged in the complaint petition against Kameshwar Sharma, Branch Manager of Oriental Bank of Commerce, Shri Haribansh (petitioner herein), Chief Editor, Prabhat Khabar, Ranchi and Harinarayan Singh. The complainant was having Savings Bank Account No. 659 in the Ranchi University Branch of the Oriental Bank of Commerce. On 24.2.2000, he had visited the said Branch of the Bank for verification of his account but since it...
Ms. Arati Ghose and anr. Vs. Banwari Lal Jalan and ors.
Court: Jharkhand
Decided on: Jul-24-2008
Reported in: [2008(4)JCR1(Jhr)]
M.Y. Eqbal, J.1. This revision application under Section 14(8) of the Bihar Building (Lease Rent and Eviction) Control Act, 1982, has been filed against the judgment and decree dated 30.9.19985 passed by 1st Addl. Subordinate Judge, Deoghar in Title Suit No. 87 of 1983. By the said judgment, a decree for eviction has been passed under Section 11(1)(e) of the said Act of 1982 and the defendants-petitioners were directed to vacate the suit premises.2. The Office has pointed out that the civil revision application is barred by limitation, inasmuch as it has been filed after expiry of 20 years from the date of decree of eviction passed by the Subordinate Judge.3. I have heard the learned Counsel appearing for the parties.4. The case has a chequered history. The plaintiff-respondents filed the aforementioned Title Suit No. 87 of 1983 for a decree of eviction of the defendants-petitioners from the suit premises on the ground of expiry of period of lease and also on the ground of personal nec...
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