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Jharkhand Court December 2012 Judgments

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Dec 19 2012

Jharkhand Labour Enforcement O Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2151 of 2010 Jharkhand Labour Enforcement Officers' Association, Ranchi ..... Petitioner Versus The State of Jharkhand & Ors. . Respondents CORAM: HONBLE MR. JUSTICE ALOK SINGH For the Petitioner : Mr. Anil Kumar, Advocate For the Respondents : Mr. A.K. Mehta, J.C. to S.C. (Mines) ----- 4 /19.12.2012 I.A. Nos. 61/11 & 2171/10 These interlocutory applications have been filed seeking stay of the operations of the notification dated 31.12.2010 and 13.05.2010, respectively. Relief, sought at the interim stage, if granted, shall amount to grant of final relief, which is not permissible at this stage. Accordingly, I.A. Nos.61 of 2011 & 2171 of 2010 are dismissed. I.A. No. 62 of 2011 By way of present interlocutory application, petitioner seeks amendment in the writ petition. Amendment, as sought for by the petitioner, seems to be justified for the fair adjudication of the case. For the reasons stated in the interlocutory application, I.A. ...


Dec 19 2012

Manish Kumar Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9119 of 2012 Manish Kumar @ Manish ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H. C. MISHRA For the Petitioner :Mr. Dhanajay Kr. Dubey For the State :A. P.P. ----- 02/19.12.2012 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. Petitioner has been made accused for the offence under Sections 20, 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in connection with Sakchi P.S. Case No. 247 of 2012, corresponding to G.R. No. 2859 of 2012 (Special Case No. 15 of 2012). The petitioner was apprehended from a shop and from the said shop 9.5 k.g. of Opium was recovered. In the facts and circumstances of the case, I am not inclined to release the petitioner Manish Kumar @ Manish on bail. Accordingly, the prayer for bail of the petitioner is rejected. (H. C. Mishra, J) Umesh/-...


Dec 19 2012

Bhuneshwar Yadav Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 8729 of 2012 --- 1. Bhuneshwar Yadav 2. Laxmi Yadav ... Petitioners Versus The State of Jharkhand Opposite Party --- CORAM : HON'BLE MR. JUSTICE ALOK SINGH --- For the Petitioner : Mr. Sumeet Gadodia, Advocate For the Opposite Party : Mr. Hemant Kr. Shikarwar, A.P.P. --- 03 /19.12.2012 Present Bail application is moved seeking regular bail in connection with Palamau Sadar P.S. Case No.389 of 2012 corresponding to Nar. No.5 of 2012, registered under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substance Act. Learned counsel appearing for the petitioners has vehemently argued that there is no compliance of Section 50 of the Narcotic Drugs and Psychotropic Substance Act. He further submits that the petitioners have no criminal antecedent and have been falsely implicated in this case by the other group of labourers, who did not want the petitioners to go to Punjab. Learned counsel for the petitioners further submits that the p...


Dec 19 2012

Nand Kishor Mahato Vs. M/S B.C.C.L. and anr

Court: Jharkhand

Decided on: Dec-19-2012

INTHEHIGHCOURTOFJHARKHANDATRANCHI W.P.(S)No.3893of2010 NandKishoreMahato ... Petitioner Versus M/sB.C.C.L.throughChiefGeneralManager, MuraidihColliery,Dhanbad&Ors. ... ... ... Respondents CORAM: HONBLEMR.JUSTICEALOKSINGH ForthePetitioner :None FortheRespondents :Mr.AmitKumarSinha,Advocate I.A.No.3344of2010 05/19.12.2012 Present application is moved seeking stay of the departmental proceedingagainstthepetitioner. Idonotfindjustificationtostaythedepartmentalproceedingagainst thepetitioner.However,petitionershallbeatlibertytochallengetheoutcome ofthedepartmentalproceeding,ifhefeelsaggrieved. I.A.standsdisposedofaccordingly. (AlokSingh,J.) Manish...


Dec 19 2012

Anil Kumar Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4141 of 2004 Anil Kumar ..... Petitioner Versus The State of Jharkhand & Ors. . Respondents CORAM: HONBLE MR. JUSTICE ALOK SINGH For the Petitioner : Mr. A.K. Mishra, Advocate For the Respondents : ----- 15 /19.12.2012 I.A. No. 1748 of 2005 This is an application seeking stay of the promotion from the post of Labour Welfare Officer to the post of Labour Superintendent. This Court, vide order dated 31.08.2004, has directed that if any promotion is granted to the post of Labour Superintendent, the same shall be subject to the decision of the case. Therefore, the present interlocutory application stands disposed of, in the light of the interim order dated 31.08.2004. I.A. No. 1724 of 2006 By way of present interlocutory application, petitioner seeks amendment and impleadment of new Respondents in the writ petition. Amendment and impleadment, as sought for by the petitioner, seems to be justified for the fair adjudication of the case. Fo...


Dec 19 2012

Asgar Ansari Alias Kunju Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9744 of 2012 Asgar Ansari @ Kunju ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H. C. MISHRA For the Petitioner :Mr. Md. Zaid Ahmed For the State :A. P.P. ----- 02/19.12.2012 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. Petitioner has been made accused for the offence under Section 379, 411 of the Indian Penal Code, in connection with Jorapokhar P.S. Case No. 96 of 2011, corresponding to G.R. No. 1502 of 2011. The case relates to theft of motorcycle. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Asgar Ansari @ Kunju is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Sri Anand Prakash, learned Judicial Magistrate, 1st Class, Dhanbad, or his successor, in connection with Jorapokhar...


Dec 19 2012

Manju Sinha Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9834 of 2012 Raju Sinha ..... Petitioner Versus The State of Jharkhand . Opposite Party With B.A. No. 9852 of 2012 Manju Sinha ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H. C. MISHRA For the Petitioners :Mr. Pran Pranay For the State :A. P.P. ----- 02/19.12.2012 Both these bail applications arise out of the same case and as such they are being taken up together and disposed of by this common order. Heard learned counsel for the petitioners and learned A.P.P. for the Prosecution. Petitioners have been made accused for the offence under Section 20 of N.D.P.S. Act, in connection with Deoghar (Town) P.S. Case No. 362 of 2012, corresponding to G.R. No. 1237 of 2012. From the F.I.R., it appears that about 1.848 Kg. of Ganja was recovered from the house of the petitioners. In the facts and circumstances of the case, I am inclined to release the petitioners on bail. Accordingly, the petitioners Raj...


Dec 19 2012

Devendra Sahu Vs. State of Jharkhand

Court: Jharkhand

Decided on: Dec-19-2012

INTHEHIGHCOURTOFJHARKHANDATRANCHI I.A.No.1785of2012 In Cr.Appeal(DB)No.1106of2012 DevendraSahu Appellant Versus TheStateofJharkhand Respondent CORAM: HONBLEMR.JUSTICED.N.PATEL HON'BLEMR.JUSTICEPRASHANTKUMAR FortheAppellant : Mr.RobinKumar,Advocate FortheRespondent : A.P .P. 03/Dated:19 th December,2012 PerD.N.Patel,J.: I.A.No.1785of2012 1. ThepresentinterlocutoryapplicationhasbeenpreferredunderSection5 of the Limitation Act for condonation of delay of 28 days in preferring this criminalappeal.2. Having heard learned counsel for both the sides and looking to the reasonsstatedinparagraphs3and5oftheinterlocutoryapplication,itappears that there are reasonable reasons for condonation of delay. We, therefore, condonethedelayinpreferringthiscriminalappeal.3. Accordingly,I.A.No.1785of2012isallowedanddisposedof. Cr.Appeal(DB)No.1106of2012 Registryisdirectedtoenlistthiscriminalappealalongwiththepapersof Cr.Appeal(DB)No.965of2012(thisappealhasalreadybeenadmittedbythis Court)ontheboardofAdmissiono...


Dec 19 2012

Rakesh Kumar Verma Alias Rakesh Verma Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3727 of 2012 ---- Rakesh Kumar Verma @ Rakesh Verma .... Petitioner ---Versus--- The State of Jharkhand & Anr. .........Opposite Parties ---- CORAM: HON'BLE MRS.JUSTICE JAYA ROY ---- For the Petitioner : Mr. Arbind Kr. Choudhary, Advocate For the State : A.P.P. For the O.P.No.2 : Mr. Aashish Kumar, Advocate ---- 3 / 19.12.2012 Counsel appearing for the petitioner and the counsel appearing for the opposite party no.2 have submitted that the parties are now agreed to live together. Considering their submission, I direct both the parties to appear before the trial court on 21st January, 2013 and from that court, after filing an affidavit by the petitioner that he will keep the opposite party no.2 with proper respect and dignity, he will take the opposite party no.2 with him in his house. Put up this case on 29th January, 2013 in the Chamber at 1:40 P.M. Both the parties will remain physically present before this Court with their counsels ...


Dec 19 2012

Reena Devi Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9620 of 2012 Reena Devi ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H. C. MISHRA For the Petitioner :Mr. Ranjan Kumar For the State :A. P.P. ----- 02/19.12.2012 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. Petitioner has been made accused for the offence under Sections 379, 411 of the Indian Penal Code, in connection with Kandra P.S. Case No. 19 of 2012, corresponding to G.R. No. 481 of 2012. Petitioner was apprehended while fleeing away after committing theft in a factory. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Reena Devi is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Seraikella, in connection with Kandra P.S. Case No. 19 of 2012, corresponding to ...


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