Court : Jharkhand
Reported in : I(2007)DMC735
D.K. Sinha, J.1. The instant appeal has been directed against the impugned judgment of conviction and order of sentence passed by Shri Dhruv Narayan Upadhyay, 1st Additional Sessions Judge Giridih in S.T. No. 250 of 1994 on 1.7.1999 whereby and whereunder the appellant No. 1, Devraj Sao and appellant No. 3 Bundiya Devi have in on convicted under Section 304B of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for seven years whereas the appellant No. 2, Umacharan Sao though was convicted under same offence but has been sentenced to undergo Rigorous Imprisonment for ten years. The appellants have further been sentenced to undergo Rigorous Imprisonment for two years each under Section 493A of the Indian Penal Code each with stipulation of tine and rigorous imprisonment for one year each for their conviction under Section 201 I.P.C.2. The recourse of law was set on motion on the written report of the informant, Rameshwar Sao (P.W.5) presented before the Officer-incharg...
Tag this Judgment!Court : Jharkhand
Reported in : [2007(3)JCR98(Jhr)]
Permod Kohli, J. 1. The dispute in this writ petition relates to allotment of work of the construction of two way bridge between chain No. 486/489 of Punsai Main Canal. Petitioner has challenged allotment of contract to the Respondent No. 6 vide Memo. No. 795 dated 11th March, 2006 and is also aggrieved of its non-allotment to him.2. It is relevant to notice the factual background as emerge from the pleadings of the parties. Tenders were invited vide N.I.T. No. 1 of 2005-2006 for the construction of two way bridge between Chain No. 486/489. Last date for submission of Tenders was 30th August, 2005. Petitioner and Respondent No. 6 along with others also participated in the Tender Process. On the basis of the qualifications prescribed, three Tenders were short-listed including that of petitioner and Respondent No. 6. Incidently, rates quoted by all the three tenderers were the same and all the three Tenderers were from the district of Deoghar. Petitioner has relied upon a Government Circ...
Tag this Judgment!Court : Jharkhand
Reported in : [2007(1)JCR257(Jhr)]
ORDERN.N. Tiwari, J.1. This second appeal Is against the judgment and decree of affirmance dated 6.9.2004 passed by learned Additional District Judge, Fast Track Court III, Jamshedpur in Title Appeal No. 39 of 1998 upholding the judgment and decree dated 22nd July, 1998 passed by learned Munsif, Jamshedpur in Title Suit No. 169 of 1993.2. The plaintiffs had filed the said suit praying for a decree of permanent injunction restraining the defendant from executing and registering any transfer deed in respect of Schedule 'B' premises in favour of any third party.3. The plaintiffs case is that a general power of attorney dated 9.11.1993 was executed and registered by Fatima Bibi, defendant No. 1 in favour of Abdul Hafiz, defendant No. 2 authorising him to exercise all the powers including the power to executed transfer deed in respect of entire house premises bearing Holding No. 521 situated at Kasidih, P.S. Sakchi, Jamshedpur. It was stated that by registered deed of release dated 23.11.19...
Tag this Judgment!Court : Jharkhand
Reported in : [2007(1)JCR525(Jhr)]
Amareshwar Sahay and D.P. Singh, JJ.1. This appeal is directed against the judigment of conviction and order of sentence dated 24.7.2001 passed in Sessions, Trial No. 42/87, whereby and whereunder' the learned 2nd Additional Sessions Judge, Gumla held the appellants guilty under, Section 302/34, IPC and sentenced them to serve RI for life.2. Brief facts leading to this appeal are that the informant Madan Mohan Mishra, ASI of Bishunpur P.S. District Ranchi got information that some employees of Geological Survey Camp, organized in Bishunpur area, have caused death of a female in village Gora Pahar Toll. Sri Mishra after recording this information in the SD Entry No. 33 dated 3.6.1984, started for the place of occurrence. According to him, he learnt from the villager Gendra Asur, PW 6 that one month ago while he was ploughing his field, two male persons including an employee of Geological Survey Camp went towards the camp along with one female between 6-7 p.m. According to this witness, ...
Tag this Judgment!Court : Jharkhand
Reported in : [2007(3)JCR128(Jhr)]
ORDERD.P. Singh, J.1. All the four appellants have preferred this appeal against the judgment and order of conviction and sentence dated 25.1.2001/27.1.2001 passed by 7th Additional Sessions Judge, Palamau at Daltonganj in S.T. No. 464 of 1994 whereby and whereunder all the four appellants have been convicted under Section 325/34 of the Indian Penal Code and have been sentenced to undergo R.I. for three years.2. Brief facts leading to this appeal are that in the night of 2.2.1991 the informant Chandrika Ram was coming back from Hussainabad market when the appellants at about 9 p.m. asked him as to why he has not paid Rs. 2000/- as demanded earlier. It is further alleged that when he asked for time to pay the amount he was assaulted by all the appellants resulting in fracture of his right and left hand. It is further alleged that on his alarm witnesses came and saved his life. He reported the matter to police in the morning of 3.2.1991 on the basis of which Hussainabad P.S. Case No. 14/...
Tag this Judgment!Court : Jharkhand
Reported in : [2008(116)FLR887]
..... . according to revisional authority, it is only the classification of the land, which is relevant for the purposes of section 16(3) of the bihar land ceiling act, irrespective of the fact whether there has been urbanization or not. the revisional authority, accordingly, set aside the judgments on the interpretation of the provisions of section ..... board of revenue, bihar, being land ceiling revision no. 151 of 1989. the revisional authority, in exercise of jurisdiction under section 32 of the bihar land ceiling act, however, reversed the judgments of both the courts and allowed the application for pre-emption.5. the ground on the basis of which revisional authority set aside the ..... land, in question, on execution of the sale deed. respondent no. 5, indradeo sao, filed an application under section 16(3) of the bihar land ceiling act on 15th may, 1985 i.e. within the prescribed time of three months before the land reforms deputy collector, garhwa, claiming right of pre-emption, as an adjoining .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007CriLJ3097
1. Sole appellant Jitu Munda stands convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to serve rigorous imprisonment for life, by the Additional Judicial Commissioner, Khunti in Sessions Trial No. 691 of 1993.2. Brief facts leading to this appeal are that deceased Guruwari Devi was married with the appellant for last two years. How ever, there was quarrel between them and deceased used to take shelter in her parent's house situated In Mauza - Aradih, Police Station - Bundu frequently. According to P.W. 1, Sonabans Mahli, on 25-9-1992 she along with P.W. 3 and P.W. 6 was breeding grass from the paddy fields when the appellant came there armed with a tangi and assaulted the deceased, resulting in her death on the spot. The females could not resist. Villagers working in nearby fields assembled. In the meantime, the appellant managed to flee.3. The mailer was reported to Bundu Police Station next, clay, on which Bundu Police Station Case No, 76 o...
Tag this Judgment!Court : Jharkhand
Reported in : 2009(57)BLJR1988
..... rule 10(2) of the code of civil procedure filed by the plaintiffs/petitioners to transpose the plaintiffs/respondents (14 to 18) as defendants in the suit and thereby has acted illegally and with material irregularity which has caused irreparable loss and injury to the petitioners as also it has occasioned a failure of justice.2. the main contention raised by .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(1)JCR50(Jhr)]
..... defendant insurance company contested the suit by filing written statement and claiming that the suit is not maintainable on the principles of waiver, estoppel and acquiescence under the specific relief act and that the suit is barred by limitation. the case of the defendants is that the plaintiffs had no cause of action whatsoever since no theft or burglary was committed .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(1)JCR135(Jhr)]
..... removal of ash, garbage etc. from colliery premises is not prohibited as per the notification under section 10(1) of the contract labour (regulation and abolition) act.iv. the union through this industrial dispute is seeking regularization of job seekers through back door.v. therefore, they are not entitled for any declaration.(viii) ..... from the company for long number of years cannot be considered to be genuine since under section 21(3) of the contract labour (regulation & abolition) act,. 1970 the contractor should disburse the amount only in the presence of the authorized representative of the principal employer and in the wage sheet, admittedly, the ..... cleaning, dusting and watching of the building owned or occupied by the establishments was prohibited under section 10(1) of the contract labour (regulation and abolition) act, 1970. so even though management has been engaging the workmen through contractor as a contract labour, since the job is in prohibited category, the workmen are .....
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