Court : Jharkhand
Reported in : 2003(1)ALT(Cri)13; II(2002)DMC765
..... relevant extract of this section as it pertains to this case reads thus :'a man is said to commit 'rape' who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions :first - against her will.secondly - without her .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004CriLJ1513
amareshwar sahay, j. 1. the present appeal has been filed by the appellant against the judgment of conviction and sentence dated 6-10-1997 passed by the special judge (c.b.i.), dhanbad in r. c. case no. 5/86; whereby the appellant has been convicted under section 161 of the indian penal code and under section 5(2) read with section 5(1)(d) of the prevention of corruption act., 1947 and has been sentenced to undergo rigorous imprisonment for one year under each count and has further been sentenced to pay a fine of rs. 500/- and in default of such payment of fine to undergo rigorous imprisonment for two months. however, sentences were ordered to run concurrently.2. the prosecution case in brief is that shankar bhuian, a miner loader, ena colliery, b.c.c.l. area viii, dhanbad lodged a complaint before the c.b.i. dhanbad alleging therein that on 25-1-1986 he was to join his duty but as his wife was ill, he went to join on 28-1-1986 but he was not allowed to join and was asked by the personnel officer to produce a certificate about sickness of his wife. thereafter, the complainant met the appellant, who was senior dresser, and requested him for the said sickness certificate but the appellant demanded rs. 50/- for issuing of such certificate. the complainant was not willing to pay bribe of rs. 50/- to the appellant, therefore, he made complaint to the superintendent of police, c.b.i. in writing requesting to take necessary action against the appellant.the allegations in the written .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR209; 2001CriLJ1114
..... sample of the petrol was also taken in presence of the petitioner, tuna singh, who was the sales man and the sample was sent to the laboratory through the supply inspector and it was found to be defective as the said petrol does not meet specification in respect of colour and destilation test. ..... the sample of the petrol was also obtained in presence of the sales man, the petitioner, tuna singh, which was sent to the manager, indian oil corporation ltd. ..... state of bihar (db).it is further argued that there was no shortage of the diesel as alleged, as well as, the sample of the petrol which was handed over to the sales man, namely. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(3)JCR274(Jhr)]
vishnudeo narayan, j. 1. this appeal at the instance of the plaintiffs-appellant has been preferred against the impugned judgment and decree dated 28.1.1989 and 9.2.1989 respectively passed in title appeal no. 38 of 1984 by shri anil kumar sinha, 3rd additional district judge, dhanbad whereby and whereunder the appeal was allowed and the judgment and decree of the trial court passed in title suit no. 153 of 1981 was set aside and the suit of the plaintiffs was dismissed. 2. the plaintiffs-appellant have filed the said suit for declaration of their raiyati right and title and recovery of possession in respect of the suit land situate in village-dhokhra (no. 12), police station-baliapur, district-dhanbad fully detailed in schedule-b of the plaint. 3. the case of the plaintiffs-appellant, in brief, is that raja shiva prasad singh was the proprietor in respect of 82.61 acres of land situate in village-dhokhra and he granted permanent tenure right in respect thereof of one bhola prasad singh and the land aforesaid was recorded in khewat nos. 2 and 3 of village-dhokhra in his name and land of khata no. 145, was recorded as awad malik appertaining to khewat no. 3 (ext. f) in the name of bhola prasad singh aforesaid, who was in cultivating possession thereon. bhola prasad singh aforesaid transferred the said land in favour of harakali bose by a registered sale deed dated 21.3.1931 (ext. 3/a) and harakali bose came in possession thereof. subsequently, harakali bose transferred the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(4)JCR544(Jhr)]
d.g.r. patnaik, j.1. this appeal is directed against the judgment dated 27.11.1995 and its corresponding decree dated 7.12.1995 passed by the sub-ordinance judge, 1st dhanbad in title suit no. 42 of 1975, whereby the suit was decreed in part on contest with cost against the defendants 1 to 5 (appellants herein) for a sum of rs. 2,62,926,25 paise with interest pendente lite and future till the realization.2. the suit before the learned court below was filed by the respondent no. 1 /plaintiff namely, the central bank of india against the respondent no. 1 (defendant no. 1) bastacolla colliery, a private limited company and its directors for decree for realization of a sum of rs. 13,91,670.68 paise which was claimed as outstanding dues, payable by the defendants to the plaintiff bank. the basis of such claim is that a current account was opened in the plaintiff-bank at jharia branch on 14th may, 1959 in the name of defendant no. 1 and cash credit/overdraft facilities were also allowed to the defendants in the said account. the relevant documents including the demand promissory note and letters of hypothecation relating to coal supply bills and letters of guarantee were executed on behalf of defendant no. 1 by its directors namely, defendant nos. 2 to 5. the plaintiff-bank advanced various sums of money to the defendant no. 1 against the guarantee for hypothecation of the coal supply bills. the defendant no. 1 had authorized the plaintiff bank by virtue of irrevocable power of .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR279(Jhr)]
m.y. eqbal, j. 1. the petitioners have prayed for quashing the office orders dated 24.1.1999 issued by the general manager, dhori area, central coalfield ltd. by which the petitioners have been awarded punishment of demotion to the next lower post and pay scale and also for recovery of the financial loss caused to the respondents from their salary.2. short facts of the case are that the petitioners were working as clerks in amlo project under dhori area of the respondents. on 4.7.1994 the petitioners were assigned the work of pay clerks. on the same day in the night after duty hours theft was committed in the strong room and the money and other articles kept therein were taken away. a police case was instituted on the next day against unknown. in course of investigation the petitioners were made accused and they were put under suspension pending issue of formal charge-sheet and initiate on of departmental proceeding. charge against the petitioners was that on 4.7.1994 after disbursement of the amount to the employees, the unpaid amount together with the list showing the names of the workers who were paid their wages, was not returned to the cashier. it was further alleged that the petitioners unauthorisedly got the cash back in the strong room without accounting and did not return the balance cash to the cashier of the amlo project. as the petitioners failed to perform their duties, the same amounted to misconduet in terms of various clauses of the standing orders, the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(97)FLR925]; [2003(2)JCR329(Jhr)]; (2003)IILLJ999Jhar
orderm.y. eqbal, j.1. heard mr. r.k. choudhary, learned counsel for the appellant and mr. s.n. lal learned counsel for the respondent-bank. no body appears on behalf of the respondent-hind tools & dies pvt. ltd.2. the appellant has challenged the order dated 7.5.1997 passed by sub-divisional judicial magistrate saraikela entertaining the objection of the respondent-bank filed under order xxi, rule 58, cpc and passing the impugned order in execution case no. 2/96.3. the appellant is representing the employees of the respondent m/s. hind tools and dies pvt. ltd. it appears that the labour court jamshedpur passed an order under section 15 of the payment of wages act directing for payment of wages to a large number of workers working in the factory of the respondent m/s. hind tools and dies pvt. ltd. the said order was challenged by the company before this court in cwjc no. 3421 of 1995(r) which was dismissed on 20.3.1995 and the said order was affirmed in lpa being lpa no. 102/96. it is stated by the appellant that the company did not challenge the order before the appellate authority as provided under section 17 of payment of wages act.4. during the pendency of the matter before the labour court under section 15 of the said act an order was passed under section 17a of the said act and the property of the company was attached. the appellant thereafter approached the labour court for recovery of the awarded amount by putting the property of the company in auction sale. the labour .....
Tag this Judgment!Court : Jharkhand
Reported in : 2002(50)BLJR55; [2002(92)FLR1154]
..... doubts which are real, genuine, well founded which a normal man with normal intelligence, in a given circumstance, would naturally harbour, are' doubts that come within the fold of 'reasonable doubt', entitling one to the benefit thereof. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2003(2)ALT(Cri)18; 2003(51)BLJR1029; II(2003)DMC578a
deoki nandan prasad, j.1. this appeal is directed against the judgment of conviction and sentence dated 28.7.1998 passed by shri anant vijay singh, 3rd additional judicial commissioner, ranchi in sessions trial case no. 395 of 1997 in sessions trial no. 24 of 1998, whereby and whereunder, the learned additional judicial commissioner, ranchi convicted the appellants for the offences under sections 304b/34 of the indian penal code, 498a/34 of the indian penal code and also under section 3/4 of the dowry prohibition act and sentenced them to undergo rigorous imprisonment for ten years each under section 304b/34 of, the indian penal code, three years' rigorous imprisonment under section 498a/34 of the indian penal code, five years' rigorous imprisonment to appellant nds. 1, 2 and 3 under section 3 of the dowry prohibition act and two years' under section 4 of the dowry prohibition act to all the appellants. however, the sentences were directed to run concurrently.2. the prosecution case in short as alleged is that one ram lagan sao submitted a written report before the police alleging therein that his daughter munni devi was married with babu lal sao (appellant no. 2) in the year 1996. thereafter she went to sasural and for about six months she remained peacefully there, but thereafter the appellants started demanding a cycle, watch and money by way of dowry and when the said demand could not be fulfilled, the accused/ appellants started torturing the deceased. it is further .....
Tag this Judgment!Court : Jharkhand
..... whether we make a triump or travesty of democracy depend on the man as much as on the great national parchment. .....
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