Jharkhand Court May 2009 Judgments
Babi Bala Devi and ors. Vs. Sri Ramlal Nonia and anr.
Court: Jharkhand
Decided on: May-27-2009
Reported in: AIR2010Jhar8
M.Y. Eqbal, J. 1. This appeal by the claimants-appellants is directed against the judgment and award dated 20.2.2007 passed by Motor Accident Claims Tribunal, Hazaribagh in Claim Case No. 186/2003, whereby the Tribunal dismissed the claim case holding that the claimants are not entitled to compensation. 2. The facts of the case lie in a narrow compass. 3. The deceased Rakesh Kumar Bhatt was the owner of the trekker bearing registration No. JH 10A-2721. The deceased along with his family members were traveling in the said trekker and were going to Deoghar from his house. The trekker was being driven by the deceased, who was the owner of the said vehicle. As soon as the vehicle reached at the place of accident, it turned turtle, as a result of which the deceased sustained grievous injuries and was declared dead in the hospital. The claimants, who are mother, brother and sister, filed claim case for grant of compensation. The respondent, with whom the vehicle was insured, contested the ca...
Tag this Judgment!Ceramic Malleable Mazdoor Sangh and anr. Vs. the State of Jharkhand an ...
Court: Jharkhand
Decided on: May-27-2009
Reported in: 2009(57)BLJR2468
Ajit Kumar Sinha, J.1. This writ petition has been preferred for issuance of an appropriate writ, order or direction:(a) for grant of electrical connection or for reconnection of electricity supply to the residential quarters of the employees of High Tension Insulator Factory and Electric Equipment Factory at Namkum and Tatisilwai respectively.(b) For directing the respondents in general and the respondents No. 6 to 8 in particular to arrange for and ensure supply of electricity to the residential quarters in which their employees have been staying without electricity since last over nine months in as much as they have been deprived of salary and all benefits including the supply of electricity oat subsidized rate of 12 paise per unit, which was one of the conditions of service.(c) For directions to the respondents to abide by and to discharge their legal and constitutional obligations enshrined in Articles 14, 19, 21, 23, 298 and 300A and in accordance with the law as laid down by the...
Tag this Judgment!Binay Kumar Singh and ors. Vs. the State of Jharkhand and Ashok Kumar ...
Court: Jharkhand
Decided on: May-27-2009
Reported in: 2009(57)BLJR2483
Pradeep Kumar, J.1. The revision is directed against the order dated 27.3.2004 passed by Sri Birendra Prasad Singh, Additional Sessions Judge, Fast Track Court No. IV, Deoghar in Sessions Case No. 100 of 2002, dismissing the application under Section 227 Cr. P. C. for discharge of the petitioners.2. The only point argued by the learned Counsel for the petitioners is that the petitioner No. 1, Binay kumar Singh was posted as the Inspector (In-charge) in the R.P.F., Post at Madhupur Railway Station, Deoghar, while petitioner No. 2, Ajay Kumar was posted as Sub-Inspector in R.P.F., Post at Madhupur Railway Station and the other petitioners No. 3 to 8 all are Constables and were posted at R.P.F., Post at Madhupur Railway station and all of them were entitled to get protection under Section 20(3) of the Railway Protection Force Act and as such in absence of notice for filing the case under Section 20(3) of the R. P. F. Act is bad and the learned Additional Sessions Judge ought to have disch...
Tag this Judgment!Dugu Manjhi and ors. Vs. the State of Jharkhand
Court: Jharkhand
Decided on: May-27-2009
Reported in: 2009(57)BLJR2205
Pradeep Kumar, J.1. All the seven appeals arise out of the same judgment and order of conviction and sentence dated 22.1.2002 passed by Sri Jai Govind Singh, 2nd Additional Sessions Judge, Bermo at Tenughat in S.T. No. 280 of 1999 by which judgment learned Additional Sessions Judge, Bermo at Tenughat found all the appellants guilty under Section 395 of the Indian Penal Code and Section 397 of the Indian Penal Code and sentenced them to undergo R.I. for a period of 10 years and to pay a fine of Rs. 3000/- and in default to undergo R.I. for a period of 6 months. The learned court below also found all the appellants guilty under Section 397 of the Indian Penal Code and sentenced them to undergo R.I. for a period of 7 years However, he directed both the sentences shall run concurrently.2. The instant case was started on the basis of a Fardbeyan given by Badri Yadav ( P.W.2) on 3.4.98 at about 2:30 hrs. to Officer-in-Charge. Petarbar Police Station stating therein that on 2.4.98 at about 11...
Tag this Judgment!Parmeshwar Poddar Vs. the Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: May-26-2009
Reported in: 2009(57)BLJR2177
Ajit Kumar Sinha, J.1. The present writ petition has been preferred for the following reliefs:1) For issuance of a writ in the nature of writ of certiorari quashing the order issued by the Respondent No. 5 vide No. E-12012/PR/T.S/2003/1299 dated 7.5.2003 whereby and where under the petitioner has been prematurely retired with effect from 22.6.2003 (FN) in a most illegal and arbitrary manner without assigning any reason for taking such decision and also in violation of Rule 56(j) of the Fundamental Rules since the petitioner has not completed 55 years of age and as such the same is without jurisdiction and has been passed as a major punishment without any material available against the petitioner.2) For issuance of a writ in the nature of writ of mandamus commanding the respondents to reinstate the petitioner into service with back wages and allow him to continue in service till he attains the age of superannuation and also for other consequential relief(s) for which the petitioner is e...
Tag this Judgment!J.D. Sarda Industries Private Limited Vs. Bihar State Financial Corpor ...
Court: Jharkhand
Decided on: May-25-2009
Reported in: AIR2010Jhar23
R.R. Prasad, J.1. The case of the petitioner is that M/s. Singhbhum Flour Mills had set up a Flour Mill at Sundernagar, Jamshedpur on being financed by Bihar State Financial Corporation, respondent No. 1 but the said M/s. Singhbhum Flour Mill could not repay the dues of the Corporation and, hence, the Corporation took over the industry and sold the same in auction sale to M/s. Bipasha Investment Pvt. Ltd, Nasik, respondent No. 3 for Rs. 1.25 crore and as against that the respondent No. 3 deposited only Rs. 50 lacs and the balance amount of Rs. 75 lacs was never paid by M/s. Bipasha Investment Pvt. Ltd. Therefore, the respondentcorporation floated a tender for sale of the assets of the said unit. Pursuant to that, the petitioner, J.D. Sarda Industries Private Limited submitted its tender on 31.8.2006 with earnest money of Rs. 1 lac for purchase of the mortgaged assets of M/s. Bipasha Investment Pvt. Ltd. On receiving the same, Bihar State Financial Corporation, respondent No. 2, vide it...
Tag this Judgment!Md. Sabir Ansari Vs. Sri Sada Nanda Mandal and ors.
Court: Jharkhand
Decided on: May-25-2009
Reported in: 2009(57)BLJR2977
D.N. Patel, J.1. The present petition has been preferred under Article 227 of the Constitution of India mainly against the order passed by learned Sub-Judge V, Dhanbad dated 19th September, 2008 in Title (Partition) Suit No. 07/2004 in an application preferred by the present, petitioner under Order I Rule 10(2) of the Code of Civil Procedure, which has been dismissed.2. On 5th May, 2009 upon hearing the counsel for the petitioner, notice was issued and bailable warrant thereafter was also issued upon respondent Nos. 1, 2, 3, 4, 5, 6, 12, 13, 15, 20 and 21 because they have refused to accept the notice of this Court. Now, learned Counsel Mr. Sumeet Gadodia is appearing on behalf of respondent Nos. 12, 13, 15, 16 and 20 and he will file his vakalatnama during course of the day. Though, respondent Nos. 1, 2, 3, 5, 6 and 21 are served with the bailable warrant of sum of Rs. 10,000/-, but, nobody have chosen to remain present before this Court in person or through advocate.3. Having heard l...
Tag this Judgment!Goenda Oraon Vs. the State of Jharkhand
Court: Jharkhand
Decided on: May-21-2009
Reported in: 2010CriLJ626
Pradeep Kumar, J.1. The appeal is directed against the judgment and order of conviction and sentence dated 17.10.2001 passed by Shrimati Shakuntala Sinha, Judicial Commissioner, Ranchi in Sessions Trial No. 399 of 1999, by which judgment she found the appellant guilty under Section 307 of the Indian Penal Code and Section 27 of the Arms Act and sentenced him to undergo R.I. for 5 years for the offence under Section 307 of the Indian Penal Code and R.I. for 3 years for the offence under Section 27 of the Arms Act. However, both the sentences were directed to run concurrently.2. The prosecution case was started on the basis of a Fardbeyan given by the informant, Gandru Pahan (P.W.5) on 2.1 98 at 10.30 hrs. at Bero Police Station stating therein that in the last night at about 9.30 P.M. while he was going from his old house to his new house at village Saheda and as soon as he reached at a distance about 200 yards away from his house at Saheda he heard sound of firing and he received injur...
Tag this Judgment!Tata Motors Ltd. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-20-2009
Reported in: 2009(57)BLJR2179
Ajit Kumar Sinha, J.1. The present writ petition has been preferred for the following relief:(A) For issuance of a writ of certioran or in nature thereof for quashing/canceling/rescinding- (i) The order date 20/12/2003 (Annexure-9) passed by learned Labour Court, Jamshedpur in a proceeding under Section 33'C'(2) of Industrial Disputes Act in M.J. Case No. 15 of 1988, wherein the learned Labour Court held that real employer of the respondents Nos. 2 to 41 is the petitioner and further directed the petitioner to pay Rs. 57,823,00 to each of the respondents.(ii) The order dated 25.10.1989 by learned Labour Court, Jamshedpur in above proceeding being M.J. Case No. 15 of 1988 (Annexure-7) refusing to treat the decision of earlier similar proceedings being M.J. Case Nos. 1, 3, 4 and 5 of 1979 (Annexure-2 to series to 5) as res-judicata.(iii) The order dated 11.06.1991 passed by learned Labour Court, Jamshedpur in above proceeding being M.J. Case No. 15 of 1988 (Annexure-8) whereby he rejecte...
Tag this Judgment!Rita Singh @ Rita Devi Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: May-20-2009
Reported in: 2009(57)BLJR2481
ORDERAmareshwar Sahay, J.1. Heard Mr. P.P.N. Roy, learned senior counsel on behalf of the petitioner as well as the informant Devendra Pd. Singh, who has appeared in person as well as his counsel.2. An FIR being Mango (MGM) P.S. Case No. 23/2008 under Section 498A, 306/34 IPC was registered against the petitioner and her husband Vishwanath Singh on the basis of the information in writing given to the police by the informant Devendra Pd. Singh, in which he alleged that his daughter Chanda Kumari was married to Pradeep Kumar Singh, son of the petitioner in the year 1994 and out of their wedlock two sons were born, who were now school going children. He alleged that his daughter was leading happy married life but since last few days she complained that her father-in-law and mother-in-law started ill treating her and she also apprehended danger to her life at the instance of the accused persons. He further alleged that on the date of the report, he received information from his son-in-law ...
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