Court : Jharkhand
Decided on : Jan-07-2003
Reported in : 2003(51)BLJR655; 2003CriLJ2089; [2003(1)JCR431(Jhr)]
..... under sections 341, 323, 452 and 353 of the indian penal code. 11. the ..... (mihijam) p.s. case no. 250 of 1996 under section 392 of the indian penal code. (v) jamtara p.s. case no. 194 of 2001 under sections 147, 148, 149, 353, 427 and 307 of the indian penal code, section 27 of the arms act and section 3/4 of the explosive substance act. (vi) kundahit p.s. case no. 15 of 2002 ..... that the sub-divisional officer, jamtara requested the superintendent of police, jamtara to send a proposal to the deputy commissioner, jamtara to detain the petitioner under section 12 of the act and thereafter the superintendent of police, jamtara recommended accordingly for detention of the petitioner. pursuant to the said recommendation, the deputy commissioner, jamtara by order dated .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-17-2003
Reported in : 2003(51)BLJR578; [2003(2)JCR348(Jhr)]
..... examination of a witness in connection with sessions trial no. 70/2000 arising out of g.r no. 624 of 1998 registered under sections 324, 302/34 of the indian penal code and 3/4 of the explosives substance act. 2. short fact of the case as alleged that one vishwanath singh while returning from the call of nature the accused devendra singh ..... . vishwanath singh sustained injury due to explosion of the bomb. in the meantime, accused persons fled away. later on the injured died due to said injuries. 3. the police investigated into the case and submitted charge-sheet against the accused persons. prosecution examined the witnesses and after closing of the prosecution case, a petition under section 311, cr pc was filed for .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-22-2003
Reported in : II(2003)ACC746; [2003(97)FLR267]; [2003(1)JCR649(Jhr)]
..... further of the view that the deputation of the deceased at the instance of the appellant pursuant to letter of request complying the requirement of section 12 of the said act and therefore appellant will be treated as an owner/employer for the purpose of fixing liability for payment of compensation in case of death or ..... the commissioner, and found that it is the general manager, cc ltd. who requested the authorities of bihar home guard to depute few home guards for guarding explosive magazine situated at rajrappa project. pursuant to that letter few home guards including the deceased was deputed. the commissioner also recorded a finding that wages paid to ..... home guard battalion, hazaribagh. service of some of the home guards including deceased were lien to the cc ltd. for guarding explosive magazine stored at koihara rajrappa project. on the fateful day, there was explosion in one of the magazine, as a result of which the deceased inderdeo yadav died. the respondents who are the claimants .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-13-2003
Reported in : [2003(2)JCR585(Jhr)]
..... being socially boycotted from all regimental functions.the petitioner brought to the notice of the controller of defence accounts (cda for short) about huge irregularities in ammunitions and explosives and cda carried out enquiry. he found, prima facie, huge irregularities and in the final report, it was established that there was huge loss of state exchequer. ..... and advised to get him examined on 11th october, 2000, but he was not sent for medical examination.the petitioner further alleged that in contravention to the army act, though rule 180 was invoked but no full opportunity was given to him, in spite of repeated requests and the court of enquiry was conducted and completed by ..... to know the internal affairs of the army. it would have been better for the petitioner to have availed internal remedy, at the first instance, before making various acts of army personnel public.9. in the present case, the petitioner has failed to make out any case of mala fide either against col. h.c. chawla or .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-02-2003
Reported in : 2003(51)BLJR885; [2003(2)JCR450(Jhr)]
..... seizure-list. pw 8, akbarali mian, a formal witness, has proved the sanction order (ext. 9) to prosecute the appellant under section 3/5 of the explosive substances act and under section 25a of the arms act. in this case there is no eyewitness of the alleged occurrence. the appellant, rambriksha bhuian, was admittedly on his duty at his place ..... (ext. 3). on thebasis of the written information (ext. 1), formal fir (ext. 2) was drawn and case under sections 3 and 4 of the explosive substance act under section 25a/26 of the arms act and under section 326 of the ipc was registered. in course of treatment of injured, bijay bhuian, succumbed to his injuries on 8.10.2001. ..... authority relied by the learned counsel for the appellant, the sanction order, ext. 6 proved by a formal witness, to prosecute this appellant under sections 3 and 5 of the explosive substances act, is not a legal order of sanction. in view of my above considered opinion i find that the learned court below has not correctly .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-08-2003
Reported in : [2003(2)JCR696(Jhr)]
..... is entitled to proportionate remission in amg and md charges for the duration of non-supply of power and also for the reasons, like strike, riots, fire, floods, explosions, act of god or any other case reasonably beyond control. the formula for such computation of remission in amg and md charges had been laid down by the court in bihar ..... is prevented from receiving or using the electrical energy to be supplied under this agreement either in whole or in part due to strikes, riots, fire, floods, explosions, act of god or any other case reasonably beyond control or if the board is prevented from supplying or unable to supply such electrical energy owing to any or all ..... is concerned, is divisible in two parts-the first part is the inability to consume power either in whole or part due to strikes, riots, fire, floods, explosions, act of god and the other part is the inability of the consumer to take the power. the first has conclusive grounds and the second part has inconclusive grounds and .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-09-2003
Reported in : [2003(2)JCR602(Jhr)]
..... default thereof to undergo s.i. for one month. however, the appellant was acquitted for the offence punishable under sections 3 and 4 of the explosive substance act and also for the offence under section 25(1b) and 27 of the arms act. 2. the prosecution case has arisen on the basis of fardbeyan (ext-7) of pw 8 gango sao, ..... and in this view of the matter the fardbeyan (ext. 7) suffers with infirmity under the provisions of section 161 of the cr. p.c. it has also been submitted that allegation under the explosive substance act and the arms act have been found to be false and not legally proved due to the non- production of the countrymade pistol ..... and manner of occurrence not being in conformity with the medical evidence and as such the conviction of the appellant under section 302/34 of the indian penal .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-13-2003
Reported in : [2003(3)JCR218(Jhr)]
..... as informant being madhupur p.s. case no. 149/2002 dated 23.7.2002 under sections 147, 148, 149, 323, 324 and 379 of the indian penal code and later on section 314 of the indian penal code and sections 3 and 4 of the explosive substance act have been added, vide order dated 25.7.2002. it was further pointed out that ..... s. case no. 149/2002 to come to a settlement. 5. on the other hand, learned counsel appearing for the complainant submitted that a full-fledged enquiry under section 202, cr pc was made and after full-fledged enquiry three witnesses have been examined and all of them have supported the case made out in the complaint petition and ..... ansari, so earlier the case could not be filed. (annexure 1). three witnesses were examined and on the basis of evidence of three witnesses, learned court took cognizance under sections 147, 148. 149, 323, 325 and 379 of the indian penal code. 3. heard learned counsel for the petitioners and learned counsel for the opposite party no. 2 complainant .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-14-2003
Reported in : 2004(1)ARBLR127(Jhar); 2003(3)BLJR1971; [2003(3)JCR269(Jhr)]
..... award on all the claims except one as quoted hereinabove. the appellant challenged the said award before the court below by filing objection under section 34 of the said act. the court below after hearing the parties dismissed the said objection and refused to set aside the award.11. in addition to the original ..... contended that the claimant contractor was responsible to arrange for their own quarry and transport equipment and all other arrangements for working the quarry including approach road, explosives and detonators etc. the appellants' further case is that inspite of availability of the approved drawing there was unsatisfactory progress of work and for that a ..... i.e.(i) failure to arrange necessary fund for completion of work.(ii) failure to issue necessary drawings in right time.(iii) failure to issue explosive materials and or cement in right time.(iv) failure to complete land acquisition process and to prevent objection by erstwhile landowners and/or villagers who prevented .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-12-2003
Reported in : 2005ACJ1605; AIR2004Jhar66; [2003(4)JCR695(Jhr)]
..... are entitled to get compensation from the government.9. in the instant case, it has been held in the foregoing paragraphs that the police, having not called explosive experts, acted in a manner which failed to protect the life of the deceased rajnish @ dablu. however, taking into consideration the fact that even the members of the police ..... members of the. family were dependent upon the income of the deceased rajnish kumar @ dablu. it has also been stated that rajnish died due to the bomb explosion.10. the aforementioned paragraphs 8, 9 and 10 have not been controverted by the respondents in their counter affidavit. all that they have said is recorded at paragraph ..... is stated that unaware of the contents of the parcel, the police party alongwith the son of the petitioner tried to open the parcel and in the subsequent explosion, the on of the petitioner was killed while the members of the police party suffered serious bomb blast injuries. the son of the petitioner himself volunteered to open .....
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