Court : Jharkhand
Decided on : Sep-07-2006
Reported in : 2007(1)BLJR348; 2007CriLJ1066; [2007(1)JCR474(Jhr)]
..... the balistic examination of arms has reported, vide ext.5, that the said rifle no. 38662/52 was used because there was presence of carbon and particles of explosives along with smell. it is also mentioned that bonnet of the rifle was missing. the issuance of rifle along with cartridges, as per ext. 4, stands proved ..... was committed to the court of sessions where charge was framed on 7.11.98 against all the four accused under sections 120b ipc and alone the appellant under section 302 ipc and 27 of the arms act. the accused persons pleaded not guilty and claimed false prosecution. the trial court after examining witnesses ultimately acquitted the three ..... earlier statements to be declared hostile. it is also asserted that in absence of any positive eye witness of the occurrence, the conviction of the appellant under section 302 ipc does not deserve to be confirmed. according to the counsel for the appellant, the circumstances accepted against the appellant did not warrant his conviction as .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-07-2006
Reported in : [2006(4)JCR520(Jhr)]
..... august, 1986 has been rejected. applicant is a defendant in a suit filed by the respondent for. his eviction under the provisions of bihar buildings (lease, rent and eviction) control act. after filing of the pleadings and framing of issues, conclusion of the plaintiff's evidence and when defendant's evidence was being recorded, an application was preferred by the present .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-07-2006
Reported in : [2007(1)JCR75(Jhr)]
..... for the appellants raises another ground that the fardbeyan of the informant should not have been accepted in evidence as the same is hit under the provisions of section 162 of the code of criminal procedure. learned counsel explains that the informant (pw 1) has acknowledged in his evidence that the police had arrived at the ..... who had prepared the inquest report and recorded the fardbeyan of the informant, had recorded its finding of guilt against both the appellants for the offence punishable under section 302 of the indian penal code.it also appears from the impugned judgment that the third accused ibrahim ansari who had also faced the trial along with these ..... /34 and 341/34 of the indian penal code and sentenced to undergo rigorous imprisonment for life under section 302/34, ipc and simple imprisonment for a period of one month under section 341/34, ipc. feeling aggrieved the appellants have preferred this appeal.2. the case was registered on the basis of the fardbeyan (ext. 3 .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-12-2006
Reported in : [2006(4)JCR517(Jhr)]
..... tribe, for restoration of 23 decimals of land (plot no. 264. khata nos. 2/2 and 2/1, p.s. chainpur-gumla), under section 71a of the chotanagpur tenancy act (the act for short).their case in short was as follows. they purchased the said lands from the petitioner by registered sale deeds dated 29.6.1973 and ..... the sale deeds by such endorsements was not permissible but on the ground that forcible dispossession did not amount to transfer he held that applications under section 71-a of the act were not maintainable. in the appeals filed by respondents 5 and 6, the additional collector set aside the said orders and allowed the restoration ..... against these orders, petitioner preferred revisions which were dismissed by the commissioner.5. the questions are whether the applications of respondent nos. 5 and 6 under section 71-a of the act were maintainable and whether the orders of restoration calls for any interference?6. it,is not possible to accept the plea of the petitioner, that respondent .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-14-2006
Reported in : AIR2007Jhar49; [2007(1)JCR208(Jhr)]
..... mentioned as 'land at sri s.k. puri, patna'. in the body of the plaint in paragraph 12, it has been pleaded that the defendant no. l began to act improperly and selfishly and the plaintiff later on came to know that the defendant no. l managed to acquire land at patna and a property at defence colony, new delhi ..... including the business, bank account, ornaments, jewellery and silver wares. taking undue advantage of the condition of the father, after the mother's death, the defendant no. l began to act improperly and selfishly and managed to acquire a plot of land at patna and a property at defence colony, new delhi out of the joint family fund in the name ..... .07.1976 of the trial court.5. plaintiffs case: the plaintiffs case is that parities are hindus and are governed by mitakshara school of hindu law read with hindu succession act, 1956. the plaintiff and defendant no. l are brothers. defendant nos. 2 and 3 are their sisters. their late father ram binod singh at the relevant time was the .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-15-2006
Reported in : [2007(1)JCR436(Jhr)]
..... no doubt, the defence while cross examining some of the witnesses, namely pws 2, 5, and 7 had confronted these witnesses with their earlier statement made under section 161, crpc suggesting to the witnesses that they have not made the statements deposed in course of the trial, before the police. it appears that the purported contradictions ..... convincing and probable. it needs to be noted here that both the parties were on inimical terms much prior to the date of the occurrence and proceedings under section 107, crpc were pending between them. further more, as rightly found by the learned trial court, it seems highly improbable that the deceased would trespass into ..... at the police station and on completion of the investigation, charge-sheet was submitted against the deceased and other family members of his family for the offences under sections 147/148/149/324/342/354/307 of the indian penal code.4. at the trial, the prosecution had examined altogether 17 witnesses, including the informant (pw .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-18-2006
Reported in : 2007(1)BLJR675; [2007(2)JCR162(Jhr)]
..... lease expired on 30.9.97 and that the defendant neither took any step for renewal of the lease nor approached the court under the provisions of section 18 of the said act. learned court below found that the plaintiff requires the suit premises reasonably for his own use and occupation. learned trial court further held that the plaintiff ..... eviction and without application of mind decided the same in favour of the plaintiff contrary to the sprit of the mandatory requirement of the proviso to section 11(1)(c) of the said act.6. learned counsel appearing on behalf of the opposite party, on the other hand, submitted that learned trial court has discussed the facts, evidences ..... of such building or hut etc. a ground appertaining to the structure also comes within the definition of the building. proviso to clause c of section 11(1) of he said act dealing with partial eviction is the mandatory provision. it is obligatory on the part of the court to find out whether the requirement of landlord can .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-18-2006
Reported in : II(2007)ACC821; [2007(2)JCR140(Jhr)]
ORDER1. The present appeal has been preferred by Oriental Insurance Co. Ltd. being aggrieved by order dated 13.8.2002 of claims Tribunal, Dhanbad in Title (M.V.) Suit No. 36 of 1993 by which the defendant-appellant was directed to pay Rs. 96,000/- to the plaintiff-respondent, brother of the deceased Raj Kumar Mandal along with defendant No. 5.2. Brief facts necessitating the claim case are that on 5.9.1992 the deceased was driving Maxi-Taxi BR 17-A 3146 on G.T. Road while another vehicle, Truck bearing No. UP 42-6033 dashed the said Maxi-Taxi resulting in death of seven persons including the driver Raj Kumar Mandal. The Tribunal has allowed compensation to the respondent No. 1 assessing the dependency Rs. 500 per month and applied on multiplier of 16 in the present case. The appellant has raised formal issue along with plea of contributory negligence on part of the deceased.3. The learned Counsel for the appellant further raised that the deceased was driver; whose negligence has result...
Tag this Judgment!Court : Jharkhand
Decided on : Sep-18-2006
Reported in : [2007(1)JCR62(Jhr)]
..... informant) pw 5 mafzul haque and pw 6 shakunti devi (victim girl) have categorically supported the prosecution case for the alleged charge to which the appellant was convicted under section 366-a, ipc. i find that pw 4 bandhu bhuiyan (informant) and pw6 shakunti devi arc the eye-witnesses of the occurrence who have categorically supported the prosecution ..... prosecution for their cross-examination. since none of the witnesses including the victim shakunti devi supported the allegation of rape, the appellant was acquitted from the charge under section 363/376, ipc but was convicted for inducing a minor girl shakunti devi below 18 years of her age with intent that she might be married with the ..... -a is not sustainable. he further submitted that the offence under section 366-a relates to procuration of minor girl which speaks:whoever, by any means whatsoever, induces any minor girl under the age of 18 years to go from any place or to do any act with intent that such girl may be, or knowing that it .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-20-2006
Reported in : AIR2007Jhar63
ORDERPermod Kohli, J.1. Petitioners 1 to 4 and 6 have passed Secondary School Examinations as well as Senior School Certificate Examinations from the I Central Board of Secondary Education, as detailed hereunder:Petitioner no. Year of passing Class 10 Year of passing +21 2002 20042 2003 20053 2004 20064 1998 20006 1998 2000As far petitioner No. 5 is concerned, she passed Secondary School Examination in the year, 2002 from Jharkhand Secondary Examination Board, Ranchi and I.Sc. Examination, 2004 from Bihar Intermediate Education Council, Patna.2. All the petitioners claim to be the members of Scheduled Caste. They also claim to be the local residents of the State of Jharkhand. Petitioners are in possession of Local Resident Certificates and Caste Certificates, issued by the competent authorities in the State ofJharkhand. Pursuant to the advertisement notice, issued by the Jharkhand Combined Entrance Competitive Examination Board for admission to 1st Year Degree Course in Engineering/Med...
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