Jharkhand Court September 2008 Judgments
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Nara Paharia and Jalia Paharia Vs. the State of Bihar
Court: Jharkhand
Decided on: Sep-03-2008
Reported in: 2009(57)BLJR646; [2009(1)JCR677(Jhr)]
M.Y. Eqbal, J.1. This appeal by the appellant is directed against the judgment dated 29th April, 1991 and 1st May 1991 passed by Additional Sessions Judge, Pakur in Sessions Case No. 70 of 1990/04 of 1991 whereby the appellants have been convicted for the offence under Section 302/34 I.P.C. and sentenced to undergo R.I. for life.2. The accused/appellants are Nara Paharia and Jalia Paharia. The deceased who has been killed is named Babna Paharia. The informant is the brother of the deceased namely, Nara Paharia. The date of occurrence is 21.07.1989 near about 7 P.M.3. The Prosecution case inter alia is that on the date of occurrence in the evening, the brother of the informant Babna Paharia returned to his house from the village Kaligodda alongwith the meat of Hog. Accused Nara Paharia and Jalia Paharia were sitting by the side of his house. As soon as the deceased reached near the house, the accused persons started assaulting his brother Babna Paharia by means of lathi. When the inform...
Tribhuwan Prasad Singh Vs. Bharat Coking Coal Ltd. Through Its Managin ...
Court: Jharkhand
Decided on: Sep-03-2008
Reported in: [2008(4)JCR498(Jhr)]
ORDERD.G.R. Patnaik, J.1. Petitioner in this writ application has prayed for an order quashing the charge framed against him on 28.3.2007 (Annexure 6) and also for quashing the order dated 6.4.2007 (Annexure 7), whereby and whereunder departmental inquiry was sought to be initiated against the petitioner. A further prayer has been made for directing the respondents to revoke the order dated 28.3.2007 (Annexure 6) whereby the petitioner was put under suspension.2. During the pendency of this writ application, petitioner's services, after conclusion of the departmental inquiry, was terminated. The facts relating to subsequent development alongwith corresponding prayer for quashing the order of termination of his service dated 20.7.1987 was brought on record by the petitioner by way of his amendment petition.3. The petitioner was employed as LTC clerk in Angarpathra Colliery of BCCL, Katras Area within the District of Dhanbad. On 22.9.1986 an FIR was lodged against him by the Inspector, C...
Sumantri Devi Vs. Canara Bank and ors.
Court: Jharkhand
Decided on: Sep-03-2008
Reported in: [2008(4)JCR534(Jhr)]
ORDERD.G.R. Patnaik, J.1. In this application, the petitioner has prayed for issuance of a direction to the respondents for quashing the order dated 22.3.2006 issued by the respondents under Section 13(2) of the Securitization & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (SARFAESI Act) 2002 and also for quashing the order dated 2.9.2006 issued by the respondent Bank under Section 13(4) of the Act. Further prayer has also been made for issuance of mandamus commanding upon the respondents to accept the outstanding amount of the petitioner in instalments as may be fixed by this Court and also to restrain them from transfer of the petitioner's property measuring 1620 sq ft. situated at mouza Shyamganj, Thaha No. 413, JB No. 62/2988, Ward No. 10 and part of plot No. 21 bearing survey plot No. 3211/3034 in Taluka Deoghar, within the district of Deoghar, to any third party.2. The case of the petitioner, in brief, is that she had applied for a housing loan ...
Arbind Kumar Murmu Vs. Bharat Coking Coal Limited and ors.
Court: Jharkhand
Decided on: Sep-03-2008
Reported in: [2008(4)JCR537(Jhr)]
ORDERD.G.R. Patnaik, J.1. In this application, the petitioner has prayed for issuance of a direction to the respondents to promote/regularize his service on the post of Senior Draughtsman in the light of the decision taken by the Joint Bipartite Committee of the Coal Industries JBCCI-IV dated 15.7.1992 and also on the basis of the recommendations made by the petitioner's immediate controlling officer namely the Senior Drawing Officer as well as of the Superintending Engineer (Architecture) and for a further direction to allow consequential benefits to him since the date of his entitlement for the same.2. The petitioner's case is that he was initially appointed under the respondents in Area No. IX/Bastakola Area as a Miner Loader.A direction was issued by respondent No. 4 namely Director (Personnel) to all the Area General Manages to send details of all workmen belonging to SC/ST categories, who have passed matriculation or above. The petitioner not only being a Matriculate but also hav...
Bharang Kandulna @ Mashih Das Knadulana, Vs. the State of Bihar (Now J ...
Court: Jharkhand
Decided on: Sep-03-2008
Reported in: 2009(57)BLJR638; 2009CriLJ1022
D.P. Singh, J.1. All the three appellants have preferred this appeal against the judgment and order dated 02.09.1999 passed by Sri Ram Prabodh Singh, 1st Additional Sessions Judge, Singhbhum (West) at Chaibasa in S.T. No. 171 of 1995 whereby and whereunder all the appellants have been convicted under Section 302/34, 201 I.P.C. and appellant No. 1 and 3 have further been convicted under Section 376 I.P.C. and all the three appellants have been sentenced to undergo R.I. for life under Section 302 I.P.C. and R.I. for five years under Section 201 I.P.C. The appellant No. 1 and 3 have furter been sentenced to under go R.I. for 10 years under Section 376 I.P.C. The sentences were ordered to run concurrently.2. The prosecution story in brief is that the deceased Dikri Kandiburu aged about 18 years was marriageable and the appellant Gangu Barjo was trying to lure her in marriage. According to P.W. 1, the informant Ram Kandaiburu, on 4.1.1995 she has gone to village Hat situated at about 500 ya...
Sk. Khurshid Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Sep-03-2008
Reported in: 2009(57)BLJR641
1. The sole appellant Sk. Khurshid has challenged the impugned judgment dated 04/02/1997 passed by the 1st Additional Sessions Judge, Godda in Sessions Case No. 1/1996, whereby the appellant has been convicted for the offence under Section 364 IPC and has been sentenced to under go for life.2. The informant, Sk. Makku gave a Fard Beyan to the Officer-in-Charge of Meharama police station alleging therein that he got his daughter Bibi Fekiya Khatoon married with the appellant Sk. Khurshid, whose first wife was alive. It is alleged that the informant went to his daughter's in-laws place in order to bring her because his daughter was pregnant and according to the custom prevalent the daughter should deliver first child at her parent's house. When the informant reached her daughter's in-laws place in Village Haripur he did not find her there. On being asked, his son-in-law (appellant) disclosed that his daughter was traceless. On further enquiry his son-in-law told that his daughter was in ...
Central Coalfields Limited and ors. Vs. Shaligram Saw
Court: Jharkhand
Decided on: Sep-02-2008
Reported in: 2009(57)BLJR454
R.K. Merathia, J.1. Appellants are aggrieved by the judgment of reversal.2. The case of the plaintiff-respondent, in short, was as follows. That at the time of joining the service on 10.1.1960, he was aged about 24 years and therefore his date of birth was 29.7.1936, but a notice of superannuation dated 2.5.1985 was served on him informing him that on completion of 60 years of age, he was going to retire on 26.11.1985, though he was to retire in July, 1996. He objected to such notice. As nothing was done, he filed this suit on 20.11.1985. He relied on Ext-2, a report of medical examination to show that his age was assessed as 45 years on 29.7.1981. He prayed for the following reliefs:(a) That it be declared that the letter dated 2.5.1985 is illegal and be struck down.(b) That it be declared that the date of birth of the plaintiff is 29.7.1936 and not any other date shown by the defendants.(c) That the defendants be restrained from retiring the plaintiff from 26.11.1985.(d) That any oth...
Chhatan Pandey and ors. Vs. Shambhu Nath Shukla and ors.
Court: Jharkhand
Decided on: Sep-02-2008
Reported in: [2008(4)JCR506(Jhr)]
ORDERR.K. Merathia, J.1. Heard.2. This writ petition has been filed against the order dated 18.3.2006, passed in Title Suit No. 35/1996 by learned Sub-Judge-III, Garhwa, rejecting the petition filed on behalf of the plaintiffs-petitioners dated 1.2.2006 praying to allow the plaintiffs to adduce further evidence.3. Mr. Tiwari, appearing for the plaintiffs-petitioners, submitted that there were good reasons for not taking steps under Order XVIII, Rule 17-A. CPC as per the liberty given by this Court in C.R. No. 383/2001. He further submitted that in the ends of justice, plaintiffs-petitioners should have been allowed to adduce evidence.4. Mr. Devi Prasad, learned senior counsel appearing for the defendants-respondents, on the other hand submitted that similar petition was earlier rejected: the plaintiffs have been delaying the disposal of the suit; the petition in question was filed at the fag end of the suit, and therefore the Court below has rightly rejected such petition.5. Plaintiffs...
Rajesh Kumar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-02-2008
Reported in: [2008(4)JCR519(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties and with their consent this application is being disposed of at this stage itself.2. The petitioner, an Assistant Engineer holding class-II gazetted post in the State Government, has challenged the issuance of Annexure-10, i.e. the notification dated 3.4.2008, issued by the Rural Development Department, transferring him from Ramgarh (Dumka) to Work Sub-Division-II, Dumka in place of Sayed Zamil Asgar, respondent No. 8 herein and the respondent No. 8 who was posted in Works Sub-Division-II, Dumka has been transferred to Ramgarh (Dumka) in place of the petitioner.3. The case of the petitioner is that after serving in various capacities at various places, he was transferred and posted on the post of Assistant Engineer, Rural Engineering Organisation Works Sub-Division Dumka-II vide notification dated 27.12.2006 and the respondent No. 8 Zamil Asgar was posted as Assistant Engineer work Sub-Division Ramgarh. The petitioner joined on his transfer...
Ashok Kumar Gupta and ors. Vs. Smt. Usha Sharma and anr.
Court: Jharkhand
Decided on: Sep-02-2008
Reported in: [2008(4)JCR504(Jhr)]
ORDERR.K. Merathia, J.1. Petitioners have challenged the order dated 20.6.2008 passed by the learned Sub-Judge-II. Dhanbad in Execution case No. 01 of 2006, directing for issuance of arrest of warrant for detention of the judgment debtors in civil prison.2. Mr. Manjul Prasad, learned Counsel appearing for the petitioners, referring to the order dated 24.1.2008 passed in First Appeal No. 170 of 2005 submitted that the petitioners furnished the list of properties which they proposed to place before the executing Court as security, but even then the impugned order has been passed.3. Mr. Mazumdar, appearing for the respondents, on the other hand, submitted that the petitioners filed an application being I.A. No. 3088 of 2006 in the said First Appeal No. 170 of 2005 for stay of further proceedings of Execution Case, in question, but it was rejected as not pressed on 22.3.2007. Thereafter the executing Court was Justified in proceeding with the execution case.4. After hearing the parties and...
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