Jharkhand Court February 2009 Judgments
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Bir Singh Hasda Vs. State of Jharkhand
Court: Jharkhand
Decided on: Feb-19-2009
Reported in: 2009CriLJ3667
Pradeep Kumar, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 25-9-1997 passed by Sri Philip Topno, District and Sessions Judge, Singhbhum West, Camp at Seraikella, in Sessions Trial No. 323 of 1996 by which judgment, learned Sessions Judge found that the appellant was guilty under Sections 452/376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for three years under Section 452 and Seven years under Section 376 of the Indian Penal Code, both sentences to run concurrently.2. The prosecution case written in the fardbeyan given by the victim girl Savitri Soren, P.W. 1 at Seraikella police Station in her Ho language and translated by one Samu Gope in Hindi and recorded by the Investing Officer.3. The victim girl stated in her fardbeyan that on Saturday night at about 2 P.M. she had gone out for urination. After urination when she was entering her house, the accused Bir Singh Hasda caught hold her and in spite of her ...
Manoj Kumar and anr. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-18-2009
Reported in: [2009(2)JCR299(Jhr)]
1. By order dated 9.1.2009 we expressed our desire to hear the counsels as to whether once a public interest litigation has been filed, the petitioners claiming themselves to be social activists can withdraw such application as a matter of right.2. We have heard Mr. Mahesh Tiwari, learned Counsel for the petitioners and perused the interlocutory applications, wherein a prayer has-been made on behalf of the petitioners to withdraw the writ petition, which was filed by way of public interest litigation.3. In this writ petition filed by way of public interest litigation, the petitioners have challenged the appointment of respondent No. 5, Amar Narayan Singh, Electrical Superintending Engineer of the Jharkhand State Electricity Board as a third member of the Vidyut Upbhokta Shikayat Niwaran Forum. According to the petitionee, the said appointment is contrary to the provisions of the guidelines for establishment of the forum for redressal of the grievances of the consumers and Electricity O...
Sarawan Manjhi Vs. Central Coalfields Ltd. and ors.
Court: Jharkhand
Decided on: Feb-18-2009
Reported in: [2009(2)JCR294(Jhr)]
ORDERD.N. Patel, J.1. The present petition has been preferred mainly for the reason that the petitioner has not received the Coal Mines Provident Fund amount, despite he has retired in 1993.2. Having heard learned Counsel for both the sides and looking to the facts and circumstances of the case, it appears that:(i) The present petitioner was an employee of respondent No. 1. Some queries, raised by respondent No. 2, are to be satisfied by the petitioner and upon satisfaction of the queries, respondent No. 1 is to recommend the payment of Coal Mines Provident Fund amount to respondent No. 5.(ii) It is also argued by the learned Counsel for the respondents that respondent No. 5 has no objection if there is a correct recommendation by respondent No. 1 towards the payment of Coal Mines Provident Fund amount to the petitioner. But there are some internal communications between respondent No. 1 and the petitioner about certain queries, which are to be answered by the petitioner.(iii) It appea...
Sunil Kumar Tiwary and anr. Vs. Suraj Yadav and ors.
Court: Jharkhand
Decided on: Feb-18-2009
Reported in: [2009(2)JCR300(Jhr)]
ORDERD.N. Patel, J.1. The present petitioners are the original plaintiffs of a Title Suit No. 342 of 1986, which was decreed in their favour, vide order dated 8th September, 1992.2. It appears that thereafter a title appeal was preferred by the original defendants, which was dismissed.3. It also appears that thereafter Second Appeal No. 133 of 1998 was instituted by the original defendants, which was also dismissed vide order dated 14th February, 2001.4. It appears that mean while an Execution Case No. 19 of 1992 was preferred by the decree holder-original plaintiffs-present petitioners.5. During the pendency of the Execution Case No. 19 of 1992, the objector (respondent No. 7 herein) has filed Misc. Case No. 7 of 2007 under Order XXI. Rule 97 of Code of Civil Procedure.6. It appears that the area of the disputed land in the suit is approximately 49 decimals, whereas the objector filed her objections under Order XXI, Rule 97 of CPC through her Misc. Case No. 7 of 2007 for 3.5 decimals ...
Employees in Relation to the Management of Bhagaband Colliery Vs. the ...
Court: Jharkhand
Decided on: Feb-18-2009
Reported in: [2009(2)JCR338(Jhr)]
Ajit Kumar Sinha, J.1. The present writ petition has been filed for issuance of an appropriate writ for quashing the award dated 28.06.2001 of the Central Government Industrial Tribunal (No. 2) at Dhanbad in Ref. No. 19/1993 whereby and where under the Tribunal has been pleased to answer the reference in favour of the workman by directing the petitioner management to provide employment to Smt. Mundrl Devi.It appears that there was a reference made In the year 1993 which is quoted as under:Whether the action of the management of Bhagaband Colliery of M/S. BCCL is denying the employment to Smt. Mundrl Devi, widow of late Rameshwar Hazam is justified in accordance with the Clause 9.4.3 of N.C.W.A.-IV? If not, to what relief is Smt. Mundrl Devi is entitled to?Finally, vide a well considered award passed vide impugned order, the learned Presiding Officer directed as under:The action of the management of Bhagaband Colliery of M/S. BCCL in denying the employment to Smt. Mundri Devi, widow of ...
Surendra Mohan Sarda Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-18-2009
Reported in: AIR2009Jhar147
ORDERD.N. Patel, J.1. The present petition has been preferred mainly on the ground that the concerned respondent authorities have not properly understood the order dated 27th of February, 2007 delivered by this Court in WP(C) No. 747 of 2007. Initially, the writ petition was preferred by the present petitioner because, no decision was taken by the respondents upon an application preferred much before two and half decades for getting mining lease. Therefore, to expedite the hearing of an application of the petitioner the aforesaid WP(C) No. 747 of 2007 was instituted. It was decided vide order dated 27th of February, 2007 whereby a direction was given to the concerned respondent authorities to decide the claim of the present petitioner within a period of three months.2. It is also submitted by the counsel for the petitioner that there is already a vested right in the petitioner as per Section 11(2) of the Mines and Minerals (Development & Regulation) Act, 1957 and, therefore, the claim ...
Krishna Prasad Singh Vs. the State of Bihar
Court: Jharkhand
Decided on: Feb-17-2009
Reported in: 2009(57)BLJR1721
1. The sole appellant- Krishna Prasad Singh was put on trial for the charge under Section 302 of the Indian Penal Code on the allegation of causing death to Fulmani Soren intentionally. The trial court having found the appellant guilty for the said charge sentenced him to undergo life imprisonment. 2. The case of the prosecution is that Fulmani Soren (deceased) working as Sahaika at Angan Bari, was in love with the appellant - Krishna Prasad Singh @ Jhagaru Singh, but subsequently, differences arose in between them on account of monetary dispute and, therefore, appellant held out threat to Fulmani Soren of dire consequences which was divulged by Fulmani Soren to his brother-Obidhan Soren, the informant (P.W. 1). Further case is that on 17.09.1992, one Sarojni Besera (P.W. 2) engaged as Sevika at Angan Bari, stayed in the night in the house of the informant (P.W. 1) and slept along with Fulmani Soren. In the night at 12 O' Clock, Sarojni Besera (P.W. 2) woke up and told to the informant...
Lakshman Prasad Vs. Bihar State Housing Board and ors.
Court: Jharkhand
Decided on: Feb-17-2009
Reported in: [2009(2)JCR278(Jhr)]
1. The present Writ petition has been preferred mainly for the reason that the Bihar State Housing Board has passed an order dated 18.05.2002 (Annexure 12 to the Memo of appeal) whereby the respondent No. 7, who is working in state of Jharkhand was promoted from the post of Junior Engineer to the post of Assistant Engineer without any power, jurisdiction and authority, specially after the bifurcation of the State of Jharkhand and the State of Bihar, as per notification by the Government of India dated 21st August, 2003 in pursuance of the Bihar State Re-organization Act 2000 (Annexure 10 to the memo of petition), which has been referred while passing by the Hon'ble Supreme Court in Civil Appeal 7242 of 2003 (arising out of S.L.P. (C ) No. 15442 of 2002 (Annexure 11 to the memo of petition) and, therefore, aggrieved by this, non est order, passed thoroughly without any jurisdiction and authority by the Bihar Stale Housing Board and giving promotion to Junior Engineer as Assistant Engine...
Kartik Singh Munda Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Feb-17-2009
Reported in: 2009(57)BLJR1691
Dilip Kumar Sinha, J.1. This appeal is directed against the judgment of conviction under Section 324 I.P.C. recorded by the Additional Judicial Commissioner-II, Khunti in Sessions Trial No. 616 of 1996 whereby the sole appellant Kartik Singh Munda was directed to be released on execution of probation bond of Rs. 3,000/- with two sureties of like amount each and to maintain good conduct for a period of one year since the date of the order.2. The prosecution story in short as it stands narrated in the written report of the informant P.W. 7 Smt. Devi was that on 21.08.1995 while she was returning from the field after serving food to her father at about 8.30 a.m. and no sooner did she arrive near her house she found her father coming running behind her followed by three accused persons including the appellant, armed with guns and she alleged that the appellant Kartik Singh Munda fired shot from his gun upon his father but it missed the target and hit the informant. The villagers arrived at...
Rabi Dan and Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Feb-17-2009
Reported in: 2009CriLJ4500
Pradeep Kumar, J.1. The appeal is directed against the judgment of conviction and sentence dated 20.7.1996 passed by Shree Mahesh Prasad Tiwari, 5st Aadditional Sessions Judge, Dumka in Sessions Trial No. 209 of 1995 by which judgment the learned Additional Sessions Judge found the appellants guilty under Section 395 of the Indian Penal Code and convicted them thereunder and sentenced them to undergo R. I. for 5 years under Section 395 of the Indian Penal Code.2. The prosecution case was started on the basis of the first information report given by Parmeshwar Mandal on 6.3.1995 at 8.30 hrs. at his Kirana Shop, Sarsahbad (Maharo). He stated that on 5.3.1995 i.e. Sunday at 9 P.M. in the night when after closing the shop he was sleeping inside the shop with his wife, Sumati Devi. Then at about 2 A.M. on the door of the shop somebody started knocking the door with stone and a log of Kathal tree about 2' diameter and 4' long He and his wife started shouting for help out of fear, but nobody ...
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