Jharkhand Court August 2008 Judgments
Ashok Kumar Singh and ors. Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Aug-29-2008
Reported in: [2008(4)JCR373(Jhr)]
1. The present two appeals arise out of the same impugned judgment and, as such, both the appeals were taken up and heard together and are being disposed of by this common judgment.2. Both the appeals are against the impugned judgment of the 2nd Additional Sessions Judge, Dumka in Sessions Case No. 270 of 1984, whereby the appellants of both the appeals have been convicted for the offences under Section 302/149, 342 IPC and they have been sentenced to undergo R.I. for life for the offences under Section 302/149 IPC and also R.I. for one year under Section 342 IPC. However, both the sentences were directed to run concurrently,3. The prosecution case, in short, is that on 24/11/1983, the informant had gone to witness a film in Amarchitra Mandir Cinema Hall in the town of Dumka in the first show, i.e. from 6.00 p.m. to 9.00 p.m. He came out of the Cinema Hall during the interval and was standing alone just outside the Cinema Hall premises when the accused and other accused persons alongwi...
Tag this Judgment!Masomat Malti and anr. Vs. Oriental Insurance Company and anr.
Court: Jharkhand
Decided on: Aug-29-2008
Reported in: [2008(4)JCR463(Jhr)]
1. This appeal has been filed by the claimants-appellants for enhancement of the compensation amount against the judgment/award dated 17th July, 2006 passed by Motor Vehicle Accident Claim Tribunal, Hazaribagh in Misc. Claim Case No. 191 of 2002. By the said judgment/award, the Tribunal has assessed compensation of Rs. 1,82,000/-, but because of the contributory negligence, the Tribunal directed for payment of 50 % of the said amount i.e. Rs. 91,000/- to the claimants- appellants.2. The facts of the case lie in a narrow compass.On the unfateful day of accident, the deceased along with his brother was going to Rajrappa by a Motorcycle, On the way, a Trekker bearing Registration No. BR-14P-5268 came rashly and negligently, dashed the motorcycle, as a result, the deceased sustained multiple injuries and brought to the Government Hospital Gola, where he died.3. The claimants' case is that the deceased, aged about 24 years, at the time of his death was working as a mason and getting Rs. 500...
Tag this Judgment!Most. Sonia and ors. Vs. Naresh Sao and anr.
Court: Jharkhand
Decided on: Aug-29-2008
Reported in: [2008(4)JCR465(Jhr)]
ORDER1. This appeal has been filed by the claimants-appellants for enhancement of compensation awarded by the Motor Vehicle Accident Claims Tribunal, Hazaribagh in Claim Case No. 49 of 2004 wherein the Tribunal has awarded Rs. 194,200/-.2. The admitted facts are that the claimants-appellants filed application for grant of compensation of Rs. 2,00,000/- for the death of Chatur Mahto. According to the claim petition Chatur Mahto while returning to his village on a tractor bearing No. JH 020-1751 met with an accident as a result of which he received grievous injury and died. The claimants' case was that he was earning Rs. 2,000/- per month by doing work as a labourer. The Tribunal assessed compensation by taking his monthly income as Rs. 1,800/- per month. We do not find any error in the findings recorded by the Tribunal.3. As noticed above, in the claim petition itself the claimants have stated that the deceased was a male labourer and his daily income was Rs. 60/- per day. As against th...
Tag this Judgment!Dr. Uma Shankar Prasad Srivastava Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-29-2008
Reported in: [2009(1)JCR131(Jhr)]
ORDERD.G.R. Patnaik, J.1. Prayer in this writ application has been made by the petitioner for directing the Respondents to forthwith pay the retiral dues to the petitioner including Provident Fund, Pension, arrear of pension, gratuity, Earned Leave of 300 days, transfer allowances and cost of fuel used for Government Duty including statutory interest till date of payment etc., which has not been paid till date even though he has retired from service on 31st January, 2008 and has submitted repeated representations to the concerned respondents, the last being on 16.1.2008.2. Learned Counsel for the petitioner explains that even though the petitioner has retired from service on 31.1.2008 and filed several representations for payment of the retiral dues but the decision on the same had been unduly withheld.3. Learned J.C. to Sr. S.C. I, representing the respondent-State who is present, submits that the representation of the petitioner is pending before the respondent No. 3 and it is being ...
Tag this Judgment!Prabhat Kumar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-29-2008
Reported in: [2008(4)JCR334(Jhr)]
ORDERD.G.R. Patnaik, J.1. Prayer in this writ application has been made for a direction commanding upon the respondent No. 3 to disburse the current salary to the petitioner as also the arrears of salary which the petitioner has claimed as due to him since January, 2004 till date.2. Learned Counsel for the petitioner explains that the petitioner is an Assistant Teacher in the Parasnath Digambar Jain High School, Giridih where he is working since the year 1987. The school is a fully aided minority school and is obtaining fund from State Government. Though the petitioner used to get his salary regularly every month but later in the month of January, 2004 on account of some internal dispute between the members of the Managing Committee, the payment of salary to the petitioner and two other employees has been stopped and the same has not been released ever since January, 2004 in spite of repeated representations made by the petitioner. Learned Counsel explains further that a writ applicati...
Tag this Judgment!Rajesh Kumar Pandey and ors. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-29-2008
Reported in: [2009(1)JCR533(Jhr)]
1. This writ petition has been filed seeking a direction to the respondents to stay the process of filling up 34 posts of Additional District Judges by promotion through Limited Competitive Examination from amongst the Sub Judges, i.e., Civil Judge (Senior Division) possessing five years experience or more, scheduled to be held on 31.08.2008 on the sole ground that the respondents have disturbed the quota of promotion on the post of Additional District Judges by assigning more posts in the quota of Civil Judge (Senior Division), i.e., Subordinate Judges, leaving no posts to be filled up by the direct recruits, which is clearly contrary to the ratio of the judgment and order delivered in the matter of All India Judges Association and Ors. v. Union of India and Ors. reported in : [2002]2SCR712 commonly known as All India Judges Association Case.2. The petitioners have further prayed that until the confirmation of services of the petitioners in the rank of Additional District & Sessions J...
Tag this Judgment!Dr. Birendra Kumar Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-29-2008
Reported in: [2008(119)FLR797]; [2009(1)JCR59(Jhr)]
ORDERD.G.R. Patnaik, J.1. The petitioner has prayed for quashing the Notification No. 438(2) dated 23.8.2008 (Annexure 4) issued by the Deputy Secretary, Department of Health, Government of Jharkhand whereby and whereunder the petitioner has been transferred as Civil Surgeon-cum-Medical Officer, Ramgarh by modifying the earlier notification dated 28.6.2008 under which the petitioner was earlier transferred from Deoghar to Dhanbad in the capacity of Civil Surgeon.2. The grievance of the petitioner is that the impugned notification has been issued by the respondent No. 2 illegally and without the approval of the Establishment Committee although the earlier notification of transfer dated 28.6.2008 was issued after due approval and recommendation of the Establishment Committee. It is further contended the though the petitioner is presently posted as a Civil Surgeon of the district, his transfer under the impugned notification has been made to the district of Ramgarh where no post of Civil ...
Tag this Judgment!B.i.F.R. Vs. Umi Special Steel Ltd.
Court: Jharkhand
Decided on: Aug-29-2008
Reported in: [2009(1)JCR58(Jhr)]
ORDERR.K. Merathia, J.1. Chennai Property:Mr. Rajiv Ranjan submitted that though the agreement with regard to the Chennai property was executed, but when the purchaser went to take possession of the property he was informed by the society that there are dues of about Rs. 4,00,000.00 on the property and therefore, the said dues should be paid by the official liquidator.The Official liquidator referred to the following portion of the order No. 75 of dated 14.3.2008:(II) Pune Property A. - Mr. Ananda Sen, appearing for K.B. Mathew, highest bidder, raises question at this stage, that there are some electricity, municipal and society's dues on the flat, which Mr. Mathew is not required to pay. He relied on Section 55(g) of the Transfer of Properties Act and deletion of Clause 5 of the Sale notice.On 4.10.2007, the intending purchaser and the secured creditors submitted that it might be difficult for the parties to enquire about the right, title regarding a property, and the duty or other du...
Tag this Judgment!Arjun Mahato and Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Aug-28-2008
Reported in: 2009CriLJ1911
Ajit Kumar Sinha, J.1. The present appeal has been preferred under Section 374(2) of the Code of Criminal Procedure challenging the judgment and order dated 8.2.2001 passed by the learned Additional Sessions Judge-II, Saraikella in Session'.; Trial No.193 of 2000 whereby and whereunder he has been pleased to hold the appellants guilty under Section 436 of the Indian Penal Code and sertenced them to undergo imprisonment for seven years.2. The case of the prosecution, as stated in the written report lo 1:he Officer-in-charge, Raj Nagar Police Station was that on 2.4.2000 when the informant Bhalu Ram Mahato was sleeping in his house along with his family members one Arjun Mahato and Sudarshan Mahato, the appellants herein, set his house on fire and on account of flames of fire he woke up and ran outside ciloiig with his family members and noticed that the appellants were running away after setting the house on fire and in the process left their shoes. According to written report the domes...
Tag this Judgment!Mohd. RiazuddIn @ Mohd. Riaz and ors. Vs. NaraIn Singh and ors.
Court: Jharkhand
Decided on: Aug-28-2008
Reported in: 2009ACJ1871; [2008(4)JCR425(Jhr)]
D.K. Sinha, J.1. This miscellaneous appeal is directed against the award passed by the learned A.J.C.-VI-cum-Presiding Officer of Motor Accident Claims Tribunal, Ranchi in Compensation Case No. 128 of 2001 on 18.2.2006, whereby and whereunder, the learned Tribunal, by partly allowing the claim of the claimants/appellants, directed the opposite party No. 3/respondent No. 3 to pay a sum of Rs. 1,77,840/- only to them as against the claim of Rs. 3,60,000/- and interest thereon.2. Brief fact of the case was that on 9.4.2001, while the deceased Jeyaul Haque @ Lala, an engine technician by profession, was repairing the gear box of the truck No. RJ-14-G-2685 parked on the National Highway near R.K. Motel at Chuttupalu, another truck bearing registration No. BHN 5731, came rashly from behind and dashed against the said static truck No. RJ-14-G-2685 with the impact of which, the deceased Jeyaul Haque @ Lala who was repairing the gear box came under the wheels of the static truck No. RJ-14-G-268...
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