Jharkhand Court February 2009 Judgments
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Ajay Paswan Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Feb-20-2009
Reported in: 2009(57)BLJR1694; 2009CriLJ3662
D.K. Sinha, J.1. Petitioner has invoked the extra-ordinary writ jurisdiction of this Court under Article 226 of the Constitution of India for quashment of the second F.I.R. vide Jaridih P.S. Case No. 90 of 2008 dated 13.9.2008 registered for the alleged offence under Section 306 of the Indian Penal Code being not maintainable for the reasons that an U.D. Case No. 10 of 2008 was registered earlier for the same occurrence at the Jaridih Police Station on 30.6.2008.2. The Investigating Officer after investigation in the case of unnatural death submitted final form under Section 173 of the Code of Criminal Procedure.3. The occurrence as presented by the prosecution took place at different stages. The sequence of the occurrence is that the wife of the informant Saroj Kumar Jaiswal namely Lakshmi Jaiswal was kidnapped by the petitioner on 31.5.2008 as alleged by the informant giving rise to Chas P.S. Case No. 131 of 2008 registered on 24.6.2008. Lakshmi Jaiswal was recovered by the Chas poli...
Sant Bahadur and Chailu Kachhap Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Feb-20-2009
Reported in: 2009(57)BLJR1424
D.N. Patel, J. 1. Both the Criminal Appeals are arising out of the judgment and order of conviction and sentenced dated 10th & 11th July, 2000 respectively, passed by the learned 6th Additional Judicial Commissioner, Ranchi in Sessions Trial No. 197 of 1997/T.R. No. 4 of 2000, arising out of Kotwali (Sukhdeo Nagar) P.S. Case No. 480 of 1996, corresponding to G.R. No. 2935 of 1996, whereby, the appellants have been convicted for the offence punishable under Section 302 to be read with Section 34 of the Indian Penal Code vide order dated 10th July, 2000 and have been sentenced to undergo rigorous imprisonment for life and they have further been convicted for the offence under Section 201 to be read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years. Both the sentences have been ordered to run concurrently.2. The brief facts of the case are as under:The date of incident is 14th October, 1996 at Shiva Chemical Factory. Chandra Bahadur al...
Jai Mahavir Atta Mill Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Feb-19-2009
Reported in: 2009(57)BLJR1763; 2009LC(JH)326
D.G.R. Patnaik, J.1. Petitioner is a flour Mill. The Factory was established on the land of the petitioner No. 2, which was leased out to the petitioner No. 1. Under the terms of the Agreement, the electric connection to the Factory was taken in the name of the land owner, namely, the petitioner No. 2, though the monthly energy bills for the consumption of electricity is to be paid by the Petitioner No. 1. The electric meters for the purpose of recording the units of electric consumption, was installed in the premises of the petitioner No. 1 by the Respondent-J.S.E.B.On 18.10.2008, the officers of the Respondent-Electricity Board visited the factory premises of the petitioner No. 1 and therefore, had installed a SIM Card and Modem in the meter installed at the sub-station and report to that effect was prepared by the officers of the Board on which, the consumer's signature was also obtained. A month later on 20.11.2008, a team of officials of the Respondent-Board visited the Factory pr...
Raj Kumar Chitlangia Vs. Bihar State Financial Corporation and ors.
Court: Jharkhand
Decided on: Feb-19-2009
Reported in: AIR2009Jhar100; 2009(57)BLJR1683
Ajit Kumar Sinha, J.1. In the instant writ petition the petitioner prays for issuance of an appropriate writ, order or direction in the nature of mandamus commanding upon the respondents to settle the mortgage/hypothecated assets of M/s Mahalaxmi Chemical, Tipudana, Ranchi in favour of the petitioner who is its original promoter as because the respondents have taken a decision vide Memo No. 1159 dated 5.10.2001 to sell out the above firm in lieu of consideration amount fixed by the respondents themselves for other purchaser.The petitioner further prays for issuance of a writ in the nature of certiorari for quashing the letter dated 6.11.2001 whereby and whereunder the petitioner has been informed that his request for the above mentioned settlement in his name has not been entertained by the respondents although the petitioner has offered the same consideration amount in which the respondents have decided to settle the firm in question in favour of other purchaser.The petitioner further...
Tara Devi Kelanka and Shree Bhagwan Kelanka Vs. the State Bank of Indi ...
Court: Jharkhand
Decided on: Feb-19-2009
Reported in: AIR2009Jhar81; [2009(2)JCR270(Jhr)]
D.G.R. Patnaik, J.1. Petitioners in this writ application have challenged the order dated 09.09.2008 passed by the Sub-Judge-II, Dhanbad in Title (M) Suit No. 87 of 1993 whereby the petitioners' prayer for an order of injunction restraining the Respondent No. 1 from putting the petitioners' properties on auction sale and from encashing the cheques obtained from the petitioners, was rejected.2. Facts of the case lie in narrow compass and stated briefly are as follows:The Respondent No. 1 namely the State Bank of India had filed a suit against the present petitioners/defendants on 22.05.1993 before the Court below for a decree for recovery of a sum of Rs. 1,14,384.92 from the defendants. The claim related to the loan borrowed by the defendants from the plaintiff Bank and the same was sought to be recovered as the outstanding dues assessed by the plaintiff from the defendants.The petitioners/defendants had appeared in the suit and had filed their written statements denying and disputing t...
Smt. Sulekha Singh Vs. Jharkhand State Housing Board and ors.
Court: Jharkhand
Decided on: Feb-19-2009
Reported in: 2009(57)BLJR1686; [2009(2)JCR304(Jhr)]
ORDERAjit Kumar Sinha, J.1. In the instant writ petition the petitioner prays for an appropriate writ, order or direction for quashing the letter dated 14/19.11.2005 issued by the respondent No. 2 whereby and whereunder he has been pleased to inform that the allotment of Qr. No. 42/1-6 in favour of the petitioner stands cancelled and in suppression of letter No. 1446 dated 10.6.2004 allotment of the said quarter to respondent No. 3 is restored. The petitioner further prays for a writ, order or direction particularly a writ in the nature of mandamus commanding upon the respondents to forbear them from giving effect to, acting pursuant to or in furtherance of the said letter dated 14/19.11.2005 issued by the respondent No. 2.2. The facts, in brief, are set out as under:The quarter No. 42/1-6 was earlier allotted to respondent No. 3 vide letter No. 266-A dated 27.5.1992 in accordance with the decision taken in the meeting No. 94/121 of the Housing Board held on 21.01.1985. On 24.7.1997 a ...
Rafiq Mian Vs. Central Coalfields Ltd. and ors.
Court: Jharkhand
Decided on: Feb-19-2009
Reported in: 2009(57)BLJR1689; [2009(2)JCR269(Jhr)]
ORDERAjit Kumar Sinha, J.1. In the instant writ petition the petitioner prays for issuance of an appropriate writ in the nature of certiorari or any other appropriate writ for quashing the order of dismissal from service contained in Order No. CWS/PD/Discpl.Action/2002/1708 dated 20.7.2002 of the General Manager, Central Workshop, Central Coalfield Ltd., Barkakana whereby and whereunder the said respondent while passing the dismissal order has failed to take into consideration the order dated 11.6.2001 passed by the Hon'ble Jharkhand High Court in CWJC No. 3102 of 1999 as also the order of acquittal as contained in judgment dated 8.7.2002 passed by Shri Krishna Kumar, Judicial Magistrate, 1st Class, Hazaribagh in G.R. No. 1168 of 1999 / T.R. No. 2080 of 2002 in relation to self same charges for which departmental proceedings had been initiated vide charge sheet dated 15.7.1999. The petitioner further prays for quashing the appellate order contained in letter bearing Ref. No. CWS/PD/Dis...
Mahadeo Kumar Choubey Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Feb-19-2009
Reported in: [2009(2)JCR284(Jhr)]
D.N. Patel, J.1. The present writ petition has been preferred mainly for the reasons that the respondents are not giving compassienate appointment to the petitioner only on the ground that within eighteen months from the date of death of the father of the present petitioner, the application was not preferred by the present petitioner, otherwise no disqualification has been attached to the present petitioner.2. It is submitted by the learned Counsel for the petitioner that, in fact, there is no voluntary delay on the part of the present petitioner. By the act of law, he was restrained from applying for compassionate appointment. He was wrongly arrested on 30th June, 2004 on the basis of a false case, instituted against the present petitioner, which resulted into honourable acquittal on merits vide order dated 14th August, 2006. The said order is Annexure-2 to the memo of the present petition. Thus, for this unforeseen and uncontrolled reasons, which were not in the hands of the petition...
Kishun Mahto Vs. Bank of India
Court: Jharkhand
Decided on: Feb-19-2009
Reported in: [2009(2)JCR326(Jhr)]
ORDERD.G.R. Patnaik, J.1. In the instant writ application, the petitioner has moved for issuance of an appropriate writ for quashing the order dated 10.3.2005 (Annexure-12) passed by the Appellate Authority and the order dated 31.3.2004 (Anexure-11) passed by the Disciplinary Authority, whereby the petitioner has been punished with compulsory retirement with superannuation benefit.2. Heard the learned Counsel for the petitioner and the learned Counsel fo the respondent.3. The petitioner was appointed under the respondent-Bank on his application dated 8.4.1978 as Part-time Sweeper, and at the time of his appointment, he had submitted his School Leaving Certificate dated 5.2.1978. His service was subsequently confirmed on 8.10.1978.4. Subsequently, sometime in January, 1986, he applied for his fresh appointment to the post of Sepoy-cum-Tea/Water boy and had also enclosed a school transfer certificate and mark-sheet along with his application. His application was considered and he was app...
Mufti Abdul Rahim and ors. Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Feb-19-2009
Reported in: 2009(57)BLJR2158
Jaya Roy, J.1. This Criminal appeal is for setting aside the Judgment of conviction and sentence dated 24/4/2000 passed in S.T. No. 60 of 1997/20 of 1997 by the 2nd Assistant Sessions Judge, Godda, whereby the appellant No. 1 is convicted under Section 376 and 498A I.P.C. and appellant Nos. 2, 3 and 4 are convicted under Section 498A I.P.C. only and the appellant No. 1 is sentenced for Nine years R.I. for the offence under Section 376. I.P.C. and further sentenced for one year R.I. for the offence under Section 498A I.P.C. and both the sentences shall run concurrently. Other appellants Nos. 2 to 4 are sentenced for One year R.I. for the offence under Section 498 I.P.C.2. The prosecution case in short is that the victim/complaint/informant namely Bibi Taslima Khatoon filed a petition of complaint alleging therein that the appellant No. 1 Mufti Abdul Rahim was her teacher and during that course he on an assurance of getting married went in sexual union with her as result of which she bec...
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