Court : Jharkhand
Decided on : Apr-12-2006
Reported in : [2006(3)JCR291(Jhr)]
..... shock and haemorrhage due to the injuries suffered by the deceased. 5. after the completion of investigation, final report was filed. when the accused-appellants were questioned under section 313 cr.p.c., they denied all the incriminating circumstances. 6. the learned counsel appearing for the appellants submits that the occurrence could not have taken place in the ..... have trespassed into the house of the deceased with a motive to commit an offence, which is punishable with death. 17. though, we have acquitted the appellants under sections 147, 149 and 449 of the indian penal code, we have found that the appellants must have beaten the deceased, when he questioned them as to their conduct ..... in assaulting his son, pw-1. therefore, each accused is liable for his individual overt act, as no common object is found between the appellants. it had come out in the evidence that a-1 and a-2 had inflicted blows with farsa and .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-18-2006
Reported in : [2006(3)JCR222(Jhr)]
..... intention of harming any person through her evil art or that she had in any manner harmed any person or society and therefore, cognizance under section 4 of the said act is also uncalled for and illegal. 6. advancing his argument learned counsel submitted that prior enmity prevailing between the parties in view of the proceeding ..... by shri r.k. mishra, judicial magistrate, 1st class, dhanbad. after finding a prima facie offence under section 147, 323, 341 i.p.c. as well as under sections 3/5 of the prevention of witch(daain) practice act, 1999, the cognizance was taken by order impugned against the petitioners. the learned counsel submitted that there were ..... provisions for only 4 sections and in the prevention of witch (daain) practice act, 1999 but the court below erroneously and in mechanically manner took the cognizance of offence under section 5 of the act. after came into being of the bihar act, 1999 which extends to whole of the bihar state, .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-18-2006
Reported in : [2006(3)JCR7(Jhr)]
..... to get their dispute referred and it has to be resolved by the general manager (sales) and it was agreed that his decision should be final. section 2 of the arbitration act defines the term 'arbitration agreement' which means a written agreement to submit present or future differences to arbitration whether an arbitrator is named therein or not. ..... 8. in the light of the aforesaid provision, i shall now examine whether an arbitration agreement exists between the parties in any of the mode provided in section 7 of the act. 9. it is the admitted case of the parties that although pursuant to the tender notice issued by the respondent, the petitioner submitted its tender and a ..... if the contract is in writing and the reference is such as to make the arbitration clause part of the contract. 7. from bare perusal of section 7 of the act, it is clear that arbitration agreement means an agreement by parties to submit to arbitration all or certain disputes which have arisen or which may arise between .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-19-2006
Reported in : 2006CriLJ3938
..... mortem. 6. the investigation continued, during which witnesses were examined. sanction order, ext.7, was obtained for prosecution of the appellant and the other accused under section 3 and 5 of explosive substances act. after the completion of investigation, final report was filed against the appellant and others by the police officer, sarjug pathak, who was in-charge of mohanpur police ..... i.p.c, he was sentenced to one year r.i. on being found guilty under section 436 i.p.c, he was sentenced to ten years r.i. he was also found guilty under section 3 & 5 of explosive substance act, for which he was sentenced to r.i. for two years with a direction that the sentences of imprisonment will ..... .00 p.m. this aspect we are specifically mentioning, since a faint attempt was made by the counsel that since no specific overt act was attributed to the appellant, he cannot be found guilty under section 149 i.p.c. there is no need for us to mention that if a person is a member of an unlawful assembly and .....
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 : Apr-21-2006
Reported in : [2006(3)JCR47(Jhr)]
..... relationship of landlord and tenant having admitted, the petitioners are estopped from challenging the title of ram pyari devi in view of the provisions of section 116 of the evidence act. learned trial court, having noticed the same, has held that in view of the said admission made by them, the defendants cannot deny ..... pyari devi, the relationship of landlord and tenant was admitted and the defendants are estopped from challenging the plaintiffs' title under the provisions of section 116 of the evidence act. since the said fact was admitted, the relationship was established by the said admission and relationship between the parties as landlord and tenant was ..... not heeded upon. the plaintiffs, then, filed the said suit.3. the defendants, on receiving the summons, appeared and under the provisions of section 14 of the said act obtained leave to contest the suit. the defendants then filed written statement contesting the plaintiffs' case on identical grounds. besides taking the usual pleas, .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-25-2006
Reported in : [2006(3)JCR244(Jhr)]
..... jurisdiction to decide the questions forming the subject matter of arbitration had it been the subject matter of a suit, has been impliedly taken away by section 42 of the act which is couched in a language fraught with overriding effect. i am conscious of the fact that the view i am taking, may result in adding ..... in all the cases within his district and the additional district judge can not exercise the said jurisdiction under the provision of section 264 of the act. learned counsel submitted that section 2(bb) of the said act defines the 'district judge' as the judge of the principal civil court of original jurisdiction. an additional district judge is ..... finally fixed for argument. at that stage the opposite party-petitioner filed an application challenging the jurisdiction of the said court on the ground that section 264 of the said act only empowers the 'district judge' to grant probate in all the cases within the district and as such the additional district judge has no jurisdiction .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-25-2006
Reported in : III(2006)ACC521; 2007ACJ274; [2006(3)JCR183(Jhr)]
..... regard to quantum of compensation should be arrived at so that the amount may be paid to the claimants in the lok adalat. in order to comply the requirements of section 89 of the code of civil procedure these two appeals have been taken up together for hearing. but today the appellant-insurance company has backed out from its commitment and .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-27-2006
Reported in : [2006(3)JCR279(Jhr)]
..... allegations set out in the complaint or the charge-sheet do not constitute any offence, it is competent to the high court exercising its inherent jurisdiction under section 482, criminal procedure code to quash the order passed by the magistrate taking cognizance of the offence. the question which, therefore, arises for consideration is whether the ..... said shop on the alleged date and time of occurrence. the police after institution of the case submitted charge-sheet mechanically for the offence under section 406/34 of the indian penal code as against the petitioners without there being any evidence or material of any entrustment of the property/mobile phone ..... mishra, judicial magistrate, ranchi including the order impugned dated 2.9.2004 whereby and whereunder chief judicial magistrate, ranchi has taken cognizance of the offence under section 406/34 of the indian penal code against them.2. the prosecution story, in brief, is that the informant ashiwini kumar malhotra had presented a written .....
Tag this Judgment!Court : Jharkhand
Decided on : May-02-2006
Reported in : [2006(4)JCR127(Jhr)]
..... of the land since 1945. the petitioners cannot be ejected from their holding except by due procedure established by law, particularly as provided under section 22 of the chhotanagpur tenancy act. learned commissioner has also got no jurisdiction to hold any person a 'privileged tenant' not coming within the definition as contained in the ..... commissioner has got jurisdiction and power to cancel the long running jarqabandi of the petitioners in exercise of power under the provision of section 4(h) of the bihar land reforms act. the respondents could not also make out any valid ground on the basis of which the petitioners can be treated as a ..... and without jurisdiction. learned divisional commissioner has no authority to cancel the petitioners long jamabandi, as there is no deeming provision of section 4(h) of the bihar land reforms act and the said provision has been misconstrued by the learned commissioner. since the petitioners have acquired valuable tenancy right in question and they .....
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