Court : Jharkhand
Decided on : Jul-18-2006
Reported in : 2007(1)BLJR367
..... all other seven accused persons from all the charges. the trial court further sentenced appellant parikhit mahato to serve rigorous imprisonment for seven years for the offence under section 3 of the explosive substance act.3. the present appeal has been preferred on the grounds that the trial court has committed mistake of fact as well as law by not believing the story ..... of the indian penal code and sentenced to serve rigorous imprisonment for seven years, and appellant no. 2 parikhit mahato stands further convicted for the offence under section 3 of the explosive substance act and sentenced to serve rigorous imprisonment for seven years, by the 3rd additional sessions judge. dhanbad in sessions trail no. 153 of 1986.2. brief facts leading to this .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-18-2006
Reported in : [2006(4)JCR622(Jhr)]
..... all other seven accused persons from all the charges. the trial court further sentenced appellant parikhit mahato to serve rigorous imprisonment for seven years for the offence under section 3 of the explosive substance act.3. the present appeal has been preferred on the grounds that the trial court has committed mistake of fact as well as law by not believing the story ..... of the indian penal code and sentenced to serve rigorous imprisonment for seven years, and appellant no. 2 parikhit mahato stands further convicted for the offence under section 3 of the explosive substance act and sentenced to serve rigorous imprisonment for seven years, by the 3rd additional sessions judge, dhanbad in sessions trial no. 153 of 1986.2. brief facts leading to this .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-31-2006
Reported in : 2007CriLJ1059; [2007(2)JCR13(Jhr)]
..... , each, for the said offence. these sentences were ordered to run concurrently.3. the appellant, pran yadav, was charged for the offence under section 307 ipc and section 3/4 of explosive substance act for unlawfully and maliciously causing explosion by explosive substance likely to endanger the life or property and attempting to commit murder of jagdish yadav on 21st november, 2001. in village turshadih within ..... imprisonment for seven years. the said appellant, pran yadav, was further convicted for the offence under section 3/4 of explosive substance act and sentenced to undergo rigorous imprisonment for seven years under section 3 of explosive substance act. however, no separate sentence was passed under section 4 of the explosive substance act. both sentences were ordered to run concurrently. other appellant nos. 2 to 7 were convicted for .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-21-2006
Reported in : [2007(1)JCR416(Jhr)]
..... , contains the ingredients of home made bomb. the investigating officer also procured sanction order (ext. 1) from the competent authority for prosecution the appellant and other under sections 3 and 5 of the explosive substance act.5. after completion of the investigation, the police submitted chargesheet against the appellant and the other accused. accordingly the cognizance of the offences was taken and in ..... succeeded in proving the following ingredients necessarily required to be proved for constituting an offence under section 5 of the explosive substances act (i) that the substance in question found is explosive substance (ii) that the accused makes or knowingly has in possession or under his control any explosive substance and (iii) that he does so under such circumstances as to give rise to reasonable .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-22-2006
Reported in : [2007(3)JCR108(Jhr)]
..... appellants were further charged for the offence under sections 3, 4 and 5 of the explosive substance act but they were acquitted from the said charges.3. the case of the ..... and sheo nandan sai @ sibu sai, appellants in cr. appeal no. 407/2000, were convicted under sections 302/34 ipc and also under section 27 of the arms act and they were sentenced to undergo r.i. for life for the offence under sections 302/34 ipc and were further sentenced to undergo r.i. for three years for the offence under ..... section 27 of the arms act. however, both the sentences were directed to run concurrently. though the .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-19-2006
Reported in : 2006CriLJ3938
..... mortem. 6. the investigation continued, during which witnesses were examined. sanction order, ext.7, was obtained for prosecution of the appellant and the other accused under section 3 and 5 of explosive substances act. after the completion of investigation, final report was filed against the appellant and others by the police officer, sarjug pathak, who was in-charge of mohanpur police ..... i.p.c, he was sentenced to one year r.i. on being found guilty under section 436 i.p.c, he was sentenced to ten years r.i. he was also found guilty under section 3 & 5 of explosive substance act, for which he was sentenced to r.i. for two years with a direction that the sentences of imprisonment will ..... .00 p.m. this aspect we are specifically mentioning, since a faint attempt was made by the counsel that since no specific overt act was attributed to the appellant, he cannot be found guilty under section 149 i.p.c. there is no need for us to mention that if a person is a member of an unlawful assembly and .....
Tag this Judgment!Court : Jharkhand
Decided on : May-18-2006
Reported in : AIR2007Jhar20; [2007(1)JCR345(Jhr)]
..... lease with the sanction of collector, the lessor's permission is not required. the learned advocate general has further argued that in view of the re-organization act and particularly section 42 thereof, the property within the territory of the state of jharkhand, belongs to the state of jharkhand. there seems to be no dispute about this. ..... appellant that the learned single judge has permitted establishment of the pump without there being any license and the prayer of the appellant for a direction to the explosive department having not been allowed the judgment is liable to be set aside. suffice it to say that no person can store, sell or transport petroleum ..... .c., dated 22nd june, 2005 at the request of the respondent no. 1 as per the requirements of explosive department. respondent no. 1 was also issued license by the explosive department under the provisions of the petroleum act on 07.07.2005 enabling it to establish the petrol pump and carry on its operations. while the respondent .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-28-2006
Reported in : [2006(2)JCR444(Jhr)]
..... they have suppressed the material aspects, namely, injury on a1. the answer given by the doctor that a1 could have suffered injury on account of an accidental explosion of bomb is not supported by any material placed on record. it is also not the case of the prosecution that the said information to the doctor was ..... given by the doctor, p.w.8, in court is not mentioned by any of the eye-witnesses either in their evidence or in their statement recorded under section 161 cr.p.c. learned counsel further submits that the prosecution suppressed not only the injury report, ext.a, but also suppressed ext.d, the fardbeyan, given ..... nature.7. after completion of the investigation, the final report was filed against the appellants accused as well as a10 who was acquitted. when they were questioned under section 313 cr.p.c, they denied all the incriminating circumstances.8. learned counsel appearing for the appellants submits that the prosecution witnesses suppressed the genesis and origin of .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-23-2006
Reported in : AIR2006Jhar135; [2006(3)JCR525(Jhr)]
..... to carry out its function. the supreme court by order dated 21st august, 1989 directed the state of bihar to issue a notification under section 390a of the municipal act, declaring its function to convert jamshedpur notified area committee into a municipality and to invite objections. pursuant thereto, notification no. 4806 dated 23rd ..... , economic importance or such other factors, as the governor may deem fit.(xxvi) on the other hand, from bare perusal of section 2 of the bihar municipal corporation act, 1978 the following facts emerge:(i) for providing better organized and coordinated civil facilities and municipal administration, the state government may declare ..... general, inviting objections and suggestions.(xxvii) if both the aforesaid provisions i.e. article 243q of the constitution of india and section 2 of the bihar municipal corporation act, 1978 are read together then it will be evident that the state/ governor/competent authority for constitution of a municipality is required .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-01-2006
Reported in : [2006(4)JCR277(Jhr)]; (2007)ILLJ916Jhar
..... schedule 'y' of the said notification.5. the only question is whether such use by the petitioner is contemplated under the said notification or not.6. section 2(m) of the act defines 'factory' which means any premises including the precincts thereof and in any part of which a manufacturing process is being carried on, or is ordinarily ..... dated 31.12.1997 (annexure 1) whereby respondent no. 2 directed the petitioner to get itself registered under the factories act; 1948 (hereinafter referred to as 'the act') for violation of the provisions of sections 6 and 7 of the act and rule 4 of the bihar factories rules, 1950 (hereinafter to be referred to as 'the rules') and also ..... manufacturing process is carried on or is so ordinarily carried on, it is a factory within the meaning of section 2(m) of the act and for such premises, the state government can issue notification applying the provisions of the act to such premises. in j.l. mehta (supra), generating sets were used in the office. a criminal .....
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