Jharkhand Court February 2009 Judgments
The New India Assurance Co. Ltd. Vs. Umesh Prasad Gupta and ors.
Court: Jharkhand
Decided on: Feb-27-2009
Reported in: 2009(57)BLJR1953
1. This appeal has been filed by the appellant Insurance company against the judgment and Award dated 1st December 2005 passed by Sri D.G.R. Patnaik, District Cum-Motor Vehicle Accident Claim Tribunal, Koderma in Claim Case No. 13 of 2003 whereby he has directed appellant/opposite party No. 3 New India Assurance Co. Ltd to pay the compensation of Rs. 3,58,646.02 being awarded amount to the applicant/respondent No. 1 along with interest calculated at the rate of 9% per annum on the principal amount from 25.6.2003 till the date of final payment.2. It appears that the respondent No. 1 who is by profession a legal practitioner, was returning to his house at Jhumri Telaiya after attending the court i.e. Hazaribagh Civil Court on 27.5.2002. He was traveling as a passenger on a Trekker having registration Number JH-02A-8225 accompanied by other passengers in the same vehicle. The respondent No. 1 (applicant) has stated that the driver of the Trekker was driving the Vehicle at a breakneck spee...
Tag this Judgment!Faiz Murtaza Ali Vs. Syed Askari Hadi Augustine Imam and anr.
Court: Jharkhand
Decided on: Feb-27-2009
Reported in: AIR2010Jhar6
1. Counsel for the appellant was heard but the counsel for the respondent has not appeared in spite of service of notice by way of dusti summons for which proof has already been filed by the appellant.2. This appeal has been filed by the appellant against the order dated 21-11-2008 passed by the learned single Judge in I.A. No. 2114/08 which was filed in the Testamentary Case No. 1/2003 by the applicant/appellant-Faiz Murtaza Ali for his impleadment in the Testamentary Case which was rejected as having no merit and hence frivolous.3. It appears that the appellant had also filed an application to appear as a Caveator in Testamentary Case No. 1/03 but the said application was rejected by the learned single Judge holding therein that the Caveator had no caveatable interest in the property which order was confirmed by the Division Bench in L.P.A. Thereafter, a petition for review was filed by the applicant challenging the order of the learned single Judge passed in the Testamentary Case as...
Tag this Judgment!Dilip Bauri and Shankar Bauri Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Feb-26-2009
Reported in: 2009(57)BLJR1389
Pradeep Kumar, J.1. By Court: Heard the learned Counsel for the appellants and counsel for the State.2. This appeal is directed against the judgment of conviction dated 17.7.2001 and order of sentence dated 21.7.2001 passed by Sri Sharang Dhar Singh, 5thAdditional Sessions Judge, Dhanbad, by which he found both the appellants Dilip Bauri and Shankar Bauri guilty for the offence under Section 307/34 of the Indian Penal Code and convicted there under and sentence them to undergo rigorous imprisonment for three years and also to pay a fine of Rs. 2,000/- each and in default of payment further to undergo six months simple imprisonment.3. The prosecution case was started on the basis of the fard beyan given by the informant Bilas Das, P.W.6 on 3.6.1995 at about 10 P.M. at night, stating therein that, when he along with his wife Lala Devi @ Lalita Devi, mother Jhunia Devi and father, Biru Ravidas were talking regarding the marriage of his daughter Elaichi Kumari out side of their house, then...
Tag this Judgment!The Management of Bokaro Steel Plant of Steel Authority of India Ltd. ...
Court: Jharkhand
Decided on: Feb-26-2009
Reported in: 2009(57)BLJR1732
ORDERAjit Kumar Sinha, J.1. In the instant writ petition the petitioner prays for issuance of an appropriate writ, order or direction or a writ in the nature of certiorari for quashing the Award dated 24th September, 2002 published/pronounced on 31.12.2002 by learned Labour Court, Bokaro Steel City in reference Case No. 33 of 1988 whereby and whereunder the award of reinstatement with 50% back wages has been awarded in favour of the concerned workman and against the petitioner Management.2. The facts, in brief, are stated as under: A dispute was raised by respondent No. 2 with regard to termination of his service and the matter was referred vide notification dated 17.12.1988 to the Labour Court, Bokaro Steel City. The reference is quoted as under:Whether the termination of service of Sri P.C. Manjhi, Hat Job Man, Staff No. 261644, workman of Bokaro Steel Plant is justified?If not whether he is entitled to reinstatement in service or/and any other relief?The learned Labour Court, after ...
Tag this Judgment!Laxmi Sao Vs. Central Coalfields Ltd. and ors.
Court: Jharkhand
Decided on: Feb-26-2009
Reported in: 2009(57)BLJR1723
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred for issuance of appropriate writ, order or direction calling upon Respondent Nos. 2 to 4 to show cause as to how and under what circumstances the petitioner is neither being paid compensation in lieu of acquisition nor the petitioner's son is being provided employment as per the policy decision of Respondent No. 1 and further to show cause as to why, Respondent No. 5, namely Laki Mahto has been given employment wrongly, if not collusively, in place of petitioner's son and calling upon the respondents to produce the document of appointment of respondent No. 5 before this Hon'ble Court as also for issuance of further appropriate writ, order or direction, commanding / directing respondent Nos. 2 to 4 to forthwith pay due compensation in terms of policy decision of Respondent No. 1 and also to provide employment, under such policy to the petitioner's son, in place of respondent No. 5, by declaring the said appointment...
Tag this Judgment!Anthawan Kotwal and ors. Vs. the State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-25-2009
Reported in: 2009(57)BLJR1680
Prashant Kumar, J.1. Both these appeals arose from the judgment dated 27.09.2001 passed by 1st Additional Sessions Judge, Godda in S.T. No. 43 of 2000/57 of 2001 whereby and whereunder the appellants of both the cases were convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life and they are also sentenced to pay fine of Rs. 10,000/-. Both the appeals were heard together and are disposed of by this common judgment.2. The case of prosecution in short as per fard beyan of P.W. 3 Nonia Devi is that in the night of occurrence she was sleeping along with her husband Deo Narayan Marik and grand son Shaligram Marik in her new house. It is further alleged that in the late night co-villager, Anthawan Kotwal came and knocked the door and asked for opening the same. Whereupon, she opened the door and at that time she was holding a lantern. It is further alleged that suddenly Anthawan Kotwal, Arvind Marik, Arjun Mahamarik and Joytish Yadav entered insi...
Tag this Judgment!Radha Nath Jha and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-25-2009
Reported in: 2009(57)BLJR1702
Ajit Kumar Sinha, J.1. The present contempt petition has been preferred to initiate contempt proceedings against the opposite parties for their willful and deliberate non-compliance of the directions given by this Hon'ble Court passed in W.P. (S) No. 3807 of 2004 vide order dated 22.08.06. The relevant portion is quoted as under:Consequently, Respondent-Human Resources Development Department, Government of Jharkhand has passed the order dated 7th April, 2003 granting benefit to the similarly situated persons. Petitioner's case is covered by the aforesaid judgments. Learned Counsel appealing for the respondents has also fairly conceded that the direction issued in the aforesaid judgments covered the case of the petitioners.Let case of the petitioners be considered in the light of the judgments, referred to above and on the analogy of the persons who have been granted benefit vide order dated 7th April, 2003.2. The learned Advocate General, who appears on behalf of the alleged contemnor,...
Tag this Judgment!The State of Jharkhand and ors. Vs. Ram Narayan Yadav
Court: Jharkhand
Decided on: Feb-25-2009
Reported in: 2009(57)BLJR1737
Prashant Kumar, J.1. This appeal is directed against the order dated 4.10.2005 passed in W.P(S) No. 705 of 2004 by learned Single Judge whereby and whereunder the writ application was allowed and the impugned order as contained in Annexure-11 of the writ application was quashed. The learned Single Judge further directed that the respondent/writ petitioner is entitled to be regularized as Headmaster of the school w.e.f. 02.10.1987 and is also entitled to get the salary in the scale of regular Headmaster of the High School. The learned Single Judge has further directed that the respondent/writ petitioner is entitled to get the arrears of difference of pay till the date of his retirement including all consequential benefits. The learned Single Judge further directed that the arrears of difference of pay and other pensionary benefits calculated on the said scale must be paid within a period of three months from the date of receipt/production of a copy of the said order. It is also directed...
Tag this Judgment!Binod Rajak, Vs. State of Bihar
Court: Jharkhand
Decided on: Feb-24-2009
Reported in: 2009(57)BLJR2124
1. Since both the appeals arise out of the common judgment it were heard together and are being disposed of by this common judgment.2. All the three appellants were put on trial for the charges under Section 302/34 and 307/34 of the Indian Penal Code for committing murder of Sanjhhali Marandi in furtherance of their common intention and also for making an attempt to commit murder of Raska Marandi and his wife Randhin Hembrom and grand daughter Marangmai Soren. The trial court having found all the three appellants guilty sentenced each of them to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code and also to pay a fine of Rs. 250/- and in default of payment to undergo rigorous imprisonment for one year. Further they were sentenced to undergo rigorous imprisonment for five years under Section 307/34 of the Indian Penal Code and to pay a fine of Rs. 100/- and in default of payment to undergo rigorous imprisonment for six months.3. The case of the prosecut...
Tag this Judgment!Kishun Singh and ors. Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Feb-20-2009
Reported in: 2009(57)BLJR1410
D.N. Patel, J. 1. Both the Criminal Appeals are arising out of the judgment and order of conviction and sentenced dated 4th & 6th August, 1999 respectively, passed by the learned 1st Additional Sessions Judge, Giridih in Sessions Trial No. 167 of 1989, by which, the appellants of Cr. Appeal No. 280 of 1999 i.e. Kishun Singh, Gondu Singh and Inder Singh have been convicted for the offence under Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months whereas the sole appellant of Cr. Appeal No. 300 of 1999 i.e. Girja Singh has been convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and also order to pay a fine of Rs. 500/- and in default thereof further simple imprisonment of three months has been awarded. Against these convictions, the accused have preferred the aforesaid Criminal Appeals.2. If the case of the prosecution is unfolded, the brief facts of the case...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- Next ›
- Last »