Court : Jharkhand
Decided on : Oct-16-2006
Reported in : [2006(4)JCR669(Jhr)]
..... maintenance from the petitioner with certain other stipulation regarding payment of arrears. learned court below has discussed the facts mostly related to the complaint case filed under section 498-a, ipc against the petitioner and others but the court is silent as to how he arrived at the conclusion that the monthly income of the petitioner ..... which emerge from the order passed by the principal judge, dhanbad in m.p. case no. 86/2005 delivered on 5th december, 2005 in a proceeding under section 125 of the criminal procedure code are that the opposite party no. 2 (sangeeta sharma) was married to the petitioner nandlal sharma on 9.3.2003 according to hindu rites ..... j.1. the petitioner has preferred this petition under section 19(4) of the family court act for setting aside the judgment and order passed by the principal judge, family court, dhanbad in cr. misc. no. 1/2006 on 23rd june, 2006 whereby and whereunder the application filed under section 126 of the code of criminal procedure by the .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-13-2006
Reported in : [2007(4)JCR610(Jhr)]
..... those two appellants upon deceased budhu mahto with bhakuwa and sword repeatedly. this point has been further explained to the appellants during their statements being recorded under section 313 of the code of criminal procedure. therefore, we are of the view that no material prejudice cane be said to have occurred in defending themselves ..... witnesses received various injuries on their persons. in the facts and circumstances mentioned above, we are of definite view that the conviction of the appellants under section 302/149 of the indian penal code is well proved and does not require any interference.12. learned counsel for the appellants beni mahto and kartik mahto ..... in criminal appeal no. 362 of 2000 (r), it is submitted that they were not attributed any specific assault on the deceased. therefore, their conviction under section 302/149 of the indian penal code cannot be sustained. similarly appellants in criminal appeal no. 384 of 2000(r) submitted that their participation in causing death .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-12-2006
Reported in : [2006(4)JCR517(Jhr)]
..... tribe, for restoration of 23 decimals of land (plot no. 264. khata nos. 2/2 and 2/1, p.s. chainpur-gumla), under section 71a of the chotanagpur tenancy act (the act for short).their case in short was as follows. they purchased the said lands from the petitioner by registered sale deeds dated 29.6.1973 and ..... the sale deeds by such endorsements was not permissible but on the ground that forcible dispossession did not amount to transfer he held that applications under section 71-a of the act were not maintainable. in the appeals filed by respondents 5 and 6, the additional collector set aside the said orders and allowed the restoration ..... against these orders, petitioner preferred revisions which were dismissed by the commissioner.5. the questions are whether the applications of respondent nos. 5 and 6 under section 71-a of the act were maintainable and whether the orders of restoration calls for any interference?6. it,is not possible to accept the plea of the petitioner, that respondent .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-07-2006
Reported in : [2006(4)JCR520(Jhr)]
..... august, 1986 has been rejected. applicant is a defendant in a suit filed by the respondent for. his eviction under the provisions of bihar buildings (lease, rent and eviction) control act. after filing of the pleadings and framing of issues, conclusion of the plaintiff's evidence and when defendant's evidence was being recorded, an application was preferred by the present .....
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 : May-12-2006
Reported in : [2006(3)JCR342(Jhr)]
..... admission, while the rest of the seats may be filed up on the basis of counseling by the state agency. this will incidentally take care of poorer and backward sections of the society. the prescription of percentage for this purpose has to be done by the government according to the local needs and different percentages can be fixed for ..... is medical or engineering/technical). the secretary of the state in charge of medical or technical education, as the case may be. shall also be a member and act as the secretary of the committee. the committee will be free to nominate/co-opt an independent person of repute in the field of education as well as one ..... common entrance test either held by the management or by the state/university, although the test may be common. so far as students belonging to the poorer or backward section of society are concerned, their seats will have to be filled up on the basis of counseling by the state agency. (as would appear from the discussions made hereinafter .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-20-2006
Reported in : [2006(2)JCR214(Jhr)]
ORDER1. All the appellants/ writ petitioners are having qualification of physical educational training. They claim for their appointment to the post of primary teacher in Primary School in pursuance of the advertisement published by the Jharkhand Public Service Commission (hereinafter to be referred as J.P.S.C.) on 24th August, 2002. Their prayer for appointment was rejected by the learned Single Judge on the ground that physical trained teachers cannot be appointed on the post of primary teachers on the other hand those, who possessed qualification of trained teacher i.e. B.Ed./Dip-in-teach, are entitled for appointment.2. Similar issue fell for consideration before a Division Bench of this Court in L.P.A. No. 161 of 2004, Ashok Kumar Dangi and Ors. v. State of Jharkhand and Ors., 2006 (2) JCR 139 (Jhr) and analogous cases, disposed of on 23rd December, 2005. Having heard the rival contentions of the parties, the Court held as follows:(i) The Government of Jharkhand till date has got ...
Tag this Judgment!Court : Jharkhand
Decided on : Apr-19-2006
Reported in : [2006(3)JCR53(Jhr)]
1. A petition at flag 'L' (I.A. No. 1278 of 2005) has been preferred for condoning the delay of thirty nine days in preferring the instant appeal. 2. Having heard counsel for the parties and being satisfied with the grounds shown therein, the delay of thirty nine days is condoned. I.A. No. 1278 of 2005 islands disposed of L.P.A. No. 115 of 2004 3. The appellants- writ petitioners, who hold the qualification of physical educational training applied for appointment to the post of trained teachers in Primary School in pursuance of the advertisement published by the Jharkhand Public Service Commission (hereinafter to be referred as J.P.S.C.) on 24th August 2002. Though they completed in the written test, but having not been appointed preferred writ petition. The learned Single Judge dismissed the writ petition on the ground that physical trained teachers cannot be appointed on the post of Primary teachers on the other hand those, who possessed qualification of trained teacher i.e. B. Ed./D...
Tag this Judgment!Court : Jharkhand
Decided on : Nov-14-2006
Reported in : [2007(1)JCR70(Jhr)]
..... is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale to swallow, or to receive into the blood, or by means of ..... was submitted against accused persons including the appellant, shankar gour and two accused persons trevedi gour and bisheswar gour. charge against all the accused persons were framed only under section 307/34 of the indian penal code to which accused persons pleaded not guilty.4. upon full trial the accused sanjay gour and bisheswar gaur were acquitted from the ..... used to gush in the residential houses as well as in the shops of the bastee and it happened so soon before the occurrence. his father had protested the acts of the accused persons as the secretary of the development committee. in cross- examination the witness narrated that when he arrived at the place of occurrence the brick .....
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