Court : Jharkhand
Decided on : Mar-24-2006
Reported in : [2006(2)JCR453(Jhr)]
..... might be due to poisoning.6. after completion of the investigation by pw 13, final report was filed against the appellant.7. when the appellant was questioned under section 313, cr pc, he denied all the incriminating circumstances and no witness was examined on his side.8. learned counsel appearing for the appellant submits that the prosecution ..... having failed to establish the cause of death of the deceased, the trial court was not justified in finding the appellant guilty under section 302, ipc. we have heard mr. v.s. sahay, learned counsel appearing for the state and perused the materials placed before us.9. the case of the ..... that death might be due to poisoning and not on account of any injury.10. on the above background, we feel that the appellant cannot be convicted under section 302. ipc and accordingly, the impugned order of conviction and sentence imposed upon the appellant is set aside. it is reported that the appellant is on bail. .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-24-2006
Reported in : [2006(2)JCR367(Jhr)]
..... haemorrhage due to the injuries suffered by the deceased.6. after the completion of investigation, the final report was filed against the appellants, who, when questioned under section 313 of the code of criminal procedure, on the incriminating circumstances, appearing against them, denied all the circumstances. the accused-appellants examined four witnesses as dws-1 ..... 2 in sessions case no. 51 of 1989/ 14 of 1990 before the additional sessions judge, deoghar. they were tried under section 341/34 of the indian penal code as well as under section 302/34 of the indian penal code, on the allegation that they after trespassing into the cane crushing unit of the deceased ..... judge, while finding the appellants guilty, as charged, sentenced each one of them to imprisonment for life under section 302/34 of the indian penal code. but did not impose any separate sentence against them under section 341/34 of the indian penal code. against the said judgment of conviction and order of sentence, the .....
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 : Mar-29-2006
Reported in : [2006(3)JCR206(Jhr)]
..... singh (ii) brij bihari singh (iii) baldeo singh; and (iv) ram ballabh prasad singh. the additional collector issued a draft statement under section 10(2) of the act to which objections under section 10(3) of the act were filed, inter-alia, on the ground that on 10.9.1970, out of 315.49 acres of land in village sirha and 174 ..... possession of the land-holder. therefore, he held that the said sale deeds were sham transactions created for the purpose of defeating the provisions of the act. accordingly, a draft statement under section 11(1) was served on the land holders on 15.10.1986. in appeal, this order was confirmed. then the petitioner moved the board of ..... circumstances, she cannot be heard to say that the impugned orders are bad, as she was not heard.7. section 32b was inserted by act 55 of 1982. by the same act, certain provisions were inserted/substituted in section 10 of the act. it is clear that the impugned order dated 7.4.1986 was passed, keeping in view the amendment brought .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-29-2006
Reported in : [2006(2)JCR412(Jhr)]
..... . we, therefore, set aside the conviction and sentence imposed upon the appellants under section 302/34 of the indian penal code and the consequence imposed upon them.11. the fact, we have extracted above, shows that during free fight; the deceased suffered ..... to the police station along with other injured and gave statement.10. in the above circumstances, we find it difficult to uphold the conviction of appellants under section 302/34 of the indian penal code as the occurrence had taken place during a quarrel and that the deceased and the accused suffered injuries during a free fight ..... the above injuries are sufficient in the ordinary course of nature to cause death.6. after the completion of investigation, final report was filed. the appellants were questioned under section 313, cr pc and they have denied the incriminating circumstances, but examined pw 8 as dw 1, through whom exts. b, b/1 and b/2, the .....
Tag this Judgment!Court : Jharkhand
Decided on : Mar-31-2006
Reported in : [2006(2)JCR418(Jhr)]
..... after duly considering the views of the successor state governments and taking into account relevant factors, in exercise of powers conferred by sub-section (3) of section 62 of bihar reorganization act, 2000 the central government hereby makes the following orders for the apportionment of the assets, rights and liabilities of the bihar state ..... assets and liabilities of the erstwhile state electricity board. the central government, in exercise of powers, conferred under clause (a) to sub-section (4) of section 62 of the reorganization act, 2000, issued office order no. 42/9/2000/-r & r, dated 22nd march, 2001, provisionally apportioning the assets and liabilities between ..... as assistant electrical engineer (current charge) from electric supply sub-division, jamua, district giridih (jharkhand). his pension was sanction vide p.p.o. no. 1884. dated 29th november 1999 and since thereafter he was getting his pension till may 2005, which was stopped after issuance of letter no. 2820, dated 4th .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-04-2006
Reported in : [2006(3)JCR187(Jhr)]
..... he was not gainfully employed during the period he remained out of employment of bsl. this issues with the approval of the competent authority.14. section 2(p) of the act defines the word 'settlement' which reads as under:(p) 'settlement' means a settlement arrived at in the course of conciliation proceeding and includes a ..... into the purported settlement. learned counsel submitted that such bipartite settlement is not valid in view of non-compliance of the mandatory provisions of sub-section 2(p) of the act. learned counsel contended that the purported settlement was not sent to the labour commissioner.7. from perusal of the impugned order passed by the ..... management and the workman. learned counsel further submitted that the labour court had no jurisdiction to decide the claim of the respondent-workman under section 33(c)(2) of the act when there was no valid award existing or subsisting. learned counsel submitted that the labour court has no jurisdiction to determine the existence, scope .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-05-2006
Reported in : [2006(110)FLR156]; [2006(2)JCR489(Jhr)]
..... :(i) a person, who has completed his 14th year of age but had not completed his 18th year [adolescent-as defined under clause (a) of section 2 of the minimum wages act, 1948] is eligible for appointment, if rule/guideline, issued by the employer so permits:(ii) if a person, who has not attained 18th year of ..... judgment, rendered in many of the aforesaid cases, were noticed but they were distinguished in view of a notification dated 9th september, 1997, issued under section 79(c) of the electricity (supply) act, 1948, whereby and whereunder, the date of superannuation (compulsory retirement) of the workmen of electricity board was prescribed as 60 years of age or completion ..... memo no. 6568/p2/43-271-88, dated 11th august, 1988. this police order is also applicable in the state of jharkhand, in view of section 84 of the bihar reorganization act, 2000. as per this order, in every distinct, out of the sanctioned strength of police force, two posts can be reserved in which dependent children .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-05-2006
Reported in : [2006(110)FLR150]; [2006(2)JCR460(Jhr)]
Narendra Nath Tiwari, J.1. The petitioners in both the writ applications are aggrieved by the common order dated 24.1.2005 passed by the learned Central Administrative Tribunal, Circuit Bench, Ranchi in O.A. Nos. 308/04 & 310/04 whereby the learned Tribunal while quashing the impugned order of their termination from the post of Principal has given liberty to the respondents to take action in accordance with law and procedure, if deemed appropriate. The petitioners have prayed for a direction to the learned Central Administrative Tribunal to decide their case on merit by holding that they are the direct recruits on the post of Principal in the Kendriya Vidyalaya Sangathan appointed by the respondents on substantive basis in accordance with all the prescribed procedure and rules and by holding written examination and interview on all India basis and were subsequently regularized on the said posts against the vacancy. The petitioners, admittedly, on their posting have been working as Prin...
Tag this Judgment!Court : Jharkhand
Decided on : Apr-10-2006
Reported in : [2006(3)JCR442(Jhr)]
..... in view of the fact that he purchased a portion of the land from buchwa oraon.3. buchwa oraon, a scheduled tribe, filed an application under section 71a of the chhotanagpur tenancy act (the act for short) for restoration of his 84 decimals of land of plot no. 1039-khata no. 26, which was registered as s.a.r. case ..... proceeding for restoration of land and thus he stepped into the shoes of his transferor. it was argued that he being a transferee could not claim restoration under section 71a of the act. it was lastly submitted that character of the land had changed from agricultural to non-agricultural. on these grounds, it was contended that the impugned order ..... of the land which he claimed to have purchased, and in that situation, it was held that the said transferee could not file application for restoration under section 71a of the act. here in this case, the transferee-anil linda has not filed application for restoration. his case is based on the order of restoration passed in favour of .....
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