Court : Jharkhand
Decided on : Nov-29-2006
Reported in : [2007(2)JCR110(Jhr)]
..... version. it is also asserted that before the alleged occurrence in the night of 30.4.2001, the wife of appellant faula sahu has lodged a case under section 379 and 452 ipc against the informant and the present case was lodged just to counter this allegation. it is also submitted that even the materials on record do ..... the night, where his statement was recorded by gumla police in the morning at 6 am. on the basis of which gumla ps case no. 115/2001 was registered under sections 147, 148, 149, 323, 307 ipc. police investigated the case and finally submitted charge sheet against all the appellants. the appellants were charged for the offences, to ..... fast track court, gumla in sessions trial no. 196/2002, whereby and whereunder the learned sessions judge convicted the appellants under sections 307/34 ipc and sentenced them to undergo ri for three years and under section 148 ipc to undergo ri for two years. however, both the sentences were directed to run concurrently.2. the brief facts leading .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-30-2006
Reported in : [2007(1)JCR551(Jhr)]
ORDERPermod Kohli, J.1. This application is directed against the order dated 7th July, 2006, passed by the learned District Judge, Dhanbad, in Misc. Appeal No. 9 of 2006, dismissing the appeal, preferred by the present petitioner and thereby confirming the order dated 30th January, 2006, passed by the Munsif-II, Dhanbad, rejecting the prayer of the petitioner for interim injunction in Title Suit No. 151 of 2005.2. It is useful to notice the facts, relevant for the purposes of controversies involved in this petition. One Md. Idrish was the owner, in possession of the land, subject matter of the suit. This land was sold to Smt. Malti Devi vide registered sale deed No. 7095 dated 19th April, 1969. Malti Devi further sold this property to Sushil Kumar Sinha vide sale deed No. 3360 dated 6th April, 1981. The land was mutated in the name of Sushil Kumar Sinha in the records of Circle Officer, Nirsa and receipts were also issued. Petitioner, a company, purchases this land from Sushil Kumar Si...
Tag this Judgment!Court : Jharkhand
Decided on : Dec-06-2006
Reported in : AIR2007Jhar61; 2007(2)BLJR876; [2007(1)JCR555(Jhr)]
..... allegations are against the representative of the petitioner, who incidently happens to be her husband. two questions arise for consideration (i) whether the petitioner is to be punished for the act of alleged misbehaviour of her representative when admittedly, there is no allegation of financial irregularities etc. affecting the state exchequer (ii) whether blacklisting and other penal actions are justified without .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-07-2006
Reported in : I(2007)DMC735
..... proved all the required ingredients of the charge against the appellant no. 2 uma charan sao who has been rightly held guilty and convicted for the offence under section 304 b ipc and sentenced to undergo rigorous imprisonment for ten years. i am of the opinion, therefore, that the judgment of conviction and order of sentence ..... subjected to cruelty and torture for dowry and as such no presumption can be drawn against the appellants in absence of required ingredients to constitute the offence under section 304b of the indian penal code. even the demand of dowry as alleged by the prosecution against the appellants could not be established and the trial court ..... mine, filled with water). the dead body of usha devi was recovered from 'achanak' the police registered giridih p.s. case no. 129 of 1993 under section 304b/498a/201/34 of the indian penal code and after investigation submitted chargesheet against the accused persons including the appellants for commission of dowry death of usha devi .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-12-2006
Reported in : [2007(3)JCR116(Jhr)]
..... the term of the statute. having these considerations in view, i do not think that the supply of furniture would make any difference to the application of section 13 of the act in respect of the premises in question9. in the instant case the plaintiff /opposite party filed the suit for eviction from the suit premises consisting of two ..... structure or a roof put up by hand. whatever may be the precise, meaning of the term, we think that the definition of section 2(2) clearly includes the kaichalai in the present case. since the act applies to residential and non-residential buildings alike, the expression 'hut' cannot be restricted only to huts or cottages intended to be lived ..... has been enacted to regulate letting of buildings and the control of the rent of such buildings and unreasonable eviction, of tenants there from. section 2(b) of the act defines the term 'building' which reads as under:building' means any building, or hut or a part of the building or hut, let or to be let separately .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-18-2006
Reported in : 2007(1)BLJR658
..... allowed. the judgment of conviction and sentence, as passed by the trial court against the appellants, is hereby set aside. appellants are acquitted of the charges for the offence under sections 364, 302 and 201 of the indian penal code since all the appellants except sona rani mahli are on bail, they are absolved from the liability of their respective bail ..... sections 364 and 302 ipc and three years for the offence under section 201 ipc vide sessions trial no. 216 of 1991/t.r. no. 24 of 1991. it appears however that cr. appeal no. 183 of 1997 (r) has been ..... of 1997) and behra munda, lulari munda, thakur munda and hari nath munda @ hari nath singh munda were convicted by the 5th additional judicial commissioner, ranchi for the offences under sections 364, 302, 201 and 34 of the indian penal code and was sentenced to undergo imprisonment for life for the offence under .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-18-2006
Reported in : [2007(2)JCR131(Jhr)]
..... there any intention to cause fatal injuries, which was likely to cause death of the victim. learned counsel submits that the circumstances could at best suggest a case under section 304(part ii), for an offence of culpable homicide not amounting to murder. learned counsel adds further that the circumstance needs to be viewed in the sequence as ..... of her minor son pw1 and also on the evidence of the doctor and the investigating officer, recorded its finding of guilt and convicted the appellants for offences under section 302/34 ipc.3. the appellants have assailed the impugned judgment primarily on the ground that the finding of guilt as recorded by the trial court is entirely ..... knowledge that it was liable to cause such bodily injury as to cause death of the victim. non-repetition of assault does not mitigate the gravity of the act.the submission of the learned counsel for the appellants that the assault was made on the spur of moment and that too on account of grave provocation given to .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-18-2006
Reported in : [2007(2)JCR249(Jhr)]
..... the informant has been suppressed and instead, the purported fardbeyan of the informant has been projected by the prosecution as the f.i.r., although the same is hit under section 162 cr. p.c.5. learned counsel for the state, on the other hand, has strongly defended the impugned judgment of conviction and sentence, as recorded by the trial court ..... and 302/149 of the indian penal code. while appellant no. 1 budin hansda was convicted for the offence under section 302 of the indian penal code, remaining accused were convicted for the offence under section 302/149 of the indian penal code and all of them were sentenced to undergo imprisonment for life by the trial court.2. prosecution case relates .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-20-2006
Reported in : 2007(1)BLJR850; [2007(2)JCR302(Jhr)]
..... by the workmen. so far as the last point is concerned it is submitted that no limitation is prescribed for raising the dispute under section 10 of the industrial dispute act and no reference can be rejected on the ground of delay. it is further submitted that the award of the tribunal is based on ..... the writ petitioner since there was no finding by the tribunal that the job was of prohibited category by issuance of notification under section 10(1) of the contract labour (regulation & abolition) act and the camouflage was neither pleaded nor proved and, therefore, the finding of the tribunal that the engagement of contractor was camouflage was ..... and reference case no. 35/1989. the reference case no. 32/1989 arose out of the dispute referred by the central government under section 10(1)(d) of the industrial dispute act, 1947, whereby the following dispute was referred to the central government industrial tribunal for adjudication:whether the action of the management of sudamdih colliery .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-21-2006
Reported in : AIR2007Jhar34; [2007(1)JCR570(Jhr)]
..... their alternative dispute resolution mechanism, the court shall proceed with the hearing of the suit.16. it is, therefore, clear that section 23 of the hindu marriage act, 1955, section 9 of the family courts act, 1984, section 89 and order xxxiia of the code of civil procedure make it obligatory for the court to give a fair chance to ..... solemnized as per rules and that the parties have not resumed cohabitation during the period of six months or more before moving the court under sub-section (2) of section 13b of the act.10. the question, therefore, that falls for consideration is as to whether the principal judge, family court, dhanbad, has complied the requirement of ..... year or more and they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. sub-section (2) of section 13b of the act provides that such application shall be considered by the court not earlier than six months after the date of presentation of the petition and after .....
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