Court : Jharkhand
Decided on : Jan-24-2003
Reported in : 2003(51)BLJR629
..... in sessions trial no. 222 of 1993 by shri s.k. mishra, additional sessions judge, seraikella, singhbhum west whereby and whereunder the appellant was found guilty for the offence under section 302 of the indian penal code for committing the murder of bondro munda, father of the informant, and he was convicted and sentenced to undergo r.i. for life.2 .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-24-2003
Reported in : [2003(2)JCR356(Jhr)]
..... shape of legal evidence against the appellant in view of the legal infirmities surrounding them. it is equally relevant to mention here that the appellant in his statement under section 313 of the code of criminal procedure has retracted from his confession. the learned court below has erred in finding the appellant guilt on the basis of the confessional ..... regarding the recovery and seizure of blood stained bamboo-lathi and earth mixed with cow dung from the house of the appellant and ext. 3 is the statement under section 164 of the cr pc of the appellant recorded by a judicial magistrate. no oral and documentary evidence has been brought on record on behalf of the defence.6. ..... and that he has been falsely implicated in this case at the instance of pw 2, rup narain paharia due to land dispute and this appellant in statement under section 313, cr pc has retracted from his confession.5. the prosecution has in all examined 12 witnesses in this case. it is essential to mention at the very .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-27-2003
Reported in : [2003(2)JCR193(Jhr)]
ORDER1. On 4.2.2002, the learned Judge while allowing CWJC No. 1016 of 1999 (R) directed,the respondent No. 3 in that writ petitioner to pay the retrial dues to the petitioners within a period of two months. The operative portion of that order reads thus :'It appears that this case is covered by the order passed in CWJC No. 3250 of 98 (R). However, having regard to the stand taken in the counter affidavit, this writ application is disposed of with a direction to respondent No. 3 to pay the entire retiral dues within two months from the date or receipt of a copy of this order. If the petitioner will have any grievance, he may file a representation before respondent No. 3 which shall be considered in accordance with law.'2. The District Officer, Khadi Gramodyog Board, Patna was respondent No. 3 in the writ application, whether it was the District Officer or the Chief Executive Officer, Khadi Gramodyog Board, in pith and substance the direction to pay the retiral dues of the writ petition...
Tag this Judgment!Court : Jharkhand
Decided on : Jan-28-2003
Reported in : [2003(2)JCR152(Jhr)]
..... according to the petitioner, the contract came to an end on 30th march, 1990 and therefore, the case of the petitioner is not covered under section 2(oo) of the act.7. i have examined the findings on this point and the reasons given for that in the award itself. it is found on perusal ofthe award ..... contract, the service of the respondent-workman came to an end and therefore, the termination does not amount to retrenchment as per section 2(oo) of the industrial disputes act and consequently section 25f of the act is not applicable and (iii) the respondent-workman had not worked for 240 days continuously and therefore, the question of applicability ..... to continue. in that circumstances, any termination will not be protected under clause (bb) of section 2(oo) of the act. in that circumstance, the termination will become a retrenchment requiring compliance of section 25f of the act and if without complying section 25f termination has been made, then i do not think that there is any perversity in .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-29-2003
Reported in : AIR2003Jhar64; [2003(1)JCR641(Jhr)]
..... of section 2(4) of the bihar forest produce (regulation of trade) act, 1984 (bihar act 12 of 1984).4. it is also contended that there being no evidence to suggest that the chiraunjt or gond have been brought from the forest and admittedly having seizedfrom the godown of the petitioner, the bihar forest produce act, 1884 cannot ..... by subsequent so no. 109 dated 27th january, 1989 issued by the governor of bihar in exercise of power conferred by sub-section (3) of section 1 of the 1984 act, whereby the act was given effect to whole of the state of bihar from the date of issuance of notification. subsequent notifications though issued by the ..... the state of bihar,yours faithfully, sd/-illegible 16/6/1995division managerminor forest produce project,dhalbhum division, jamshedpur.9. the respondents have referred to sub-section (4) to section 2 of the indian forest act, 1927 which reads, as follows :'2(4). forest produce 'includes'.--(a) the following when found in, or brought from, a forest or .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-29-2003
Reported in : 2003(2)BLJR1134; [2003(4)JCR110(Jhr)]
..... paid to them should be worked out and intimated to the chancellor's office for passing appropriate orders for recovery of the same under the provisions of section 35 of the act.7. a counter-affidavit was filed on behalf of the registrar, ranchi university (respondent no. 4) inter alia, stating that the post on which ..... , quasi judicial or administrative, if the directions/orders affects/intends to affect adversely and prejudicially the rights and interests of third parties.13. section 9 (7)(ii) of the universities act, even though does vest in the chancellor of the universities power to issue directions to the universities in the administrative or academic interests of ..... chancellor, syndicate, senate and other bodies of the universities as the case may be.'11. no doubt the chancellor has got wide power under section 9 (7)(ii) of the act to issue direction to the universities in the administrative or academic interest of the universities which he considers to be necessary but if any order .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-31-2003
Reported in : 2003CriLJ2135
..... , seven in number, all caused by hard and blunt substance whereas injuries sustained by mohan mahto were simple in nature and injury no. 1 was due to explosive substance, resulting blackening and tattooing mark on the upper extremity of right hand and there was swelling on the right thigh. both the injuries were simple in nature ..... bhuneshwar raut died instantaneously at the night. this witness did not name the assailants and hence he was declared hostile by the prosecution. in his statement, recorded under section 164, cr.p.c. (ext. 8/1), he claims that all of a sudden the dacoits surrounded the khalihan of bhuneshwar raut.11. in view of the ..... 6 tarni raut has been declared hostile by the prosecution, as he claimed to have identified only sultan, bhima and ayodhi amongst the dacoits. however, tarni raut, when examined under section 164, cr.p.c. (ext. 8/1), has named all the appellants namely, nanku mahto, chetal mahto, chinta mahto, baikunth mahto, bisheshwar mahto, sukhdeo mahto, shrawan .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-31-2003
Reported in : 2003CriLJ2098; [2003(2)JCR235(Jhr)]
..... confessed his guilt and prayed before the c.j.m., jamshedpur, for recording his confessional statement, which was recorded by one judicial magistrate, 1st class, jamshedpur, under section 164, cr pc. on request of md. mahboob hussain, learned c.j.m. was pleased to tender pardon, who undertook to disclose true facts, regarding the occurrence ..... about four years. there is no criminal antecedent; cited against them to allege that they are harden criminals. there is no probability to suggest that the criminal acts of violence would constitute a continuing threat to the society. on the other hand, there is a probability that the accused can be reformed and rehabilitated. 79 ..... of the accused. if the accused is young or old, he shall not be sentenced to death. (3) the probability that the accused would not commit criminal acts of violence as would constitute a continuing threat to society. (4) the probability that the accused can be reformed and rehabilitated. the state shall by evidence prove .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-13-2003
Reported in : [2003(2)JCR533(Jhr)]
..... murdered his wife and to screen from the legal punishment, caused disappearance of the legal evidence by setting his house on fire and fled away, resulting conviction under section 304b and 201 of the indian penal code and sentencing the appellant thereunder. 5. the appellant has taken the plea that he was not present at his ..... put his lti and the case was registered. 3. the prosecution has examined altogether nine witnesses to bring home the charges, levelled against the accused/appellant under sections 304b and 201 of the indian penal code. pw 1 janardan singh and pw 2 arjun bhagat, both of village-basila, when returned their home on 28.4 ..... in sessions trial no. 258 of 1993, whereby and whereunder, the appellant has been convicted under section 304b of the indian penal code and sentenced to undergo rigorous imprisonment for life and further be has been convicted under section 201 of the indian penal code and sentenced to undergo rigorous imprisonment for three years, directing both the .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-13-2003
Reported in : AIR2004Jhar12; [2003(2)JCR206(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. In this case, the main question as raised by the petitioner is whether the District Administration of the State Government in public interest can direct any school. Government or private to close the school or change the school timing or not.2. In the beginning of January 2003, the temperature in and around Chakradharpur having fallen below the normal level due to cold wave and as a number of students and parents were facing inconvenience to go/or to bring the children in the school in the early morning, the Deputy Commissioner, West Singhbhum, Chaibasa issued an order on 10th January, 2003. The gist of the order, in English version, reads as follows :'Taking into consideration the effect of present cold wave, the timing of all Government/non-Government schools for Class-I to V is fixed from 9.00 a.m. to 2.30 p.m. and for Class- VI to higher class from 8.30 a.m. to 2.30 p.m. until further orders.'3. The District Education Officer and District Superintendent...
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