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Jharkhand Court December 2012 Judgments

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Dec 19 2012

Bitia Marandi and ors Vs. Premchand Baskey ? Lakhan Bask

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND, RANCHI. W.P(C) No.7475 of 2006 Bitia Marandi &Ors ............................................. Petitioner(s) Versus Premchand Baskey @Lakhan Baskey(Pradhan) &Ors. Respondent(s) CORAM :- HON'BLE MR. JUSTICE P.P. BHATT For the Petitioner(s) :- Mr Rajeeva Sharma Sr. Adv. Mr.Manoj Kumar Adv. 2-19.12.2012 The present petitioners by way of filing this writ petition under Article 227 of the Constitution of India have prayed for quashing the order dated 26.5.2006 passed in T.S.Suit No. 9 of 1990 by the Sub-Judge-I Sahibganj whereby the petition dated 18.4.2006 filed under order 23 Rule 1,2 and 3 of the Code of Civil Procedure has been rejected. Heard the learned counsel appearing for the petitioners as well as the Respondent-State Government. So far as private respondents are concerned, though the notice is duly served upon the said respondents but they did not appear to contest this case. It appears that the plaintiffs/petitioners have instituted the Title sui...


Dec 19 2012

Radheyshyam Modi Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3561 of 2012 Radheyshyam Modi ... ... Petitioner Versus The State of Jharkhand ... ... ... Opposite Party --- CORAM : HON'BLE MRS. JUSTICE JAYA ROY For the Petitioner : Mr. A.K. Sahani, Advocate For the State : A. P. P. 04/19.12.2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is apprehending his arrest in connection with the case registered under Sections 379 and 411 of the Indian Penal Code and also under Rule 8 of the Jharkhand Khaneej Vikreta Niyamawali 2007 Learned counsel for the petitioner has submitted that earlier he has filed anticipatory bail application but at that time he could not file the license and no objection certificate and for the said reason, his application is dismissed as withdrawn, but it is observed in the said application, if the petitioner files the necessary documents before the trial Court, the trial Court after considering and verifying the same, pass the or...


Dec 19 2012

Brajesh Rai Vs. State of Jharkhand and anr

Court: Jharkhand

Decided on: Dec-19-2012

INTHEHIGHCOURTOFJHARKHANDATRANCHI A.B.A.No.1030of2011 BrajeshRai .... .... . Petitioner Versus 1.TheStateofJharkhand 2.MinakshiDevi@Rai .... .... . OppositeParties CORAM :HON'BLEMRS.JUSTICEJAYAROY ForthePetitioner :Mr.KumarNilesh,Advocate FortheState :A.P.P. FortheOpp.No.2 :None 14/19.12.2012 Counselappearingforthepetitionerhassubmittedthat thepetitionerandtheoppositepartyno.2havealreadyfiledjoint compromisepetitionfordivorceonmutualconsentbeforetheFamily Court,Dhanbad. Fromtherecord,Ifindthatthecounselforthepetitioner hasnotannexedeitherphotocopyorcertifiedcopyofthesaidjoint compromisepetition. Nobody has appeared on behalf of the opposite party no.2. Inthissituation,Idirectthecounselforthepetitionerto filesupplementaryaffidavitannexingthecertifiedcopyofthejoint compromisepetitionfiledbeforethePrincipalJudge,FamilyCourt, Dhanbad. Put upthiscase on 16th January, 2013 at 1.40 p.min Chamber. Partiesarenotrequiredtobepresentonthatverydate. Till that date, interim order dated 1st November,...


Dec 19 2012

Abhay Kishore Prasad Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3752 of 2012 Abhay Kishore Prasad ... ... Petitioner Versus The State of Jharkhand ... ... ... Opposite Party --- CORAM : HON'BLE MRS. JUSTICE JAYA ROY For the Petitioner : Mr. Umesh Kr. Choubey, Advocate For the State : A. P. P. 03/19.12.2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is apprehending his arrest in connection with the case registered under Sections 341, 323, 379, 504/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that earlier father of the present petitioner has lodged the case against the present informant in this case, namely, Rajesh Kumar Soni, the said case is also pending before the C.J.M., Bokaro. It is also submitted that as because father of the petitioner has lodged the case against the present informant, the present informant has also lodged the case practically as counter blast to the earlier one. Learned counsel for the petition...


Dec 19 2012

Rijhan Rajwar and Another Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Dec-19-2012

INTHEHIGHCOURTOFJHARKHANDATRANCHI I.A.No.1774of2012 In Cr.Appeal(DB)No.672of2012 1. RijhanRajwar 2. JhubliDevi Appellants Versus TheStateofJharkhand ... ... ... Respondent CORAM: HON'BLEMR.JUSTICED.N.PATEL HON'BLEMR.JUSTICEPRASHANTKUMAR FortheAppellants: Mr.SanjayKumarPandey FortheRespondent: Mr.ShekharSinha,A.P.P. OrderNo.8/Dated:/Dated:19th December2012 PerD.N.Patel,J1) Counselappearingfortheappellantsisnotpressingthisinterlocutory application,butheisseekingleavetofileanI.A.underSection389oftheCr. P.C.forsuspensionofsentence.2) Inviewofthesubmission,presentI.A.No.1774of2012isdisposedof asnotpressedatthisstagereservinglibertytotheappellantstopreferanI.A. forsuspensionofsentence. (D.N.Patel,J) (PrashantKumar,J) Raman/Binit...


Dec 19 2012

Sanatan Murmu and ors 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. 5911 of 2011 Sanatan Murmu and ors. ..... Petitioners Versus State of Jharkhand and ors. . Respondents CORAM: HONBLE MR. JUSTICE ALOK SINGH For the Petitioners : Mr. P.A.S. Pati, Advocate For the Respondents : Mr. M.K. Dubey, J.C. to A.G. ----- 5 /19.12.2012 I.A. No. 666 of 2012 This is an application seeking four weeks' time for filing counter affidavit by the Respondents. Delay in filing the counter affidavit, which has already been placed on record, is hereby condoned. Accordingly, I.A. No.666 of 2012 stands disposed of. (Alok Singh, J.) R.K....


Dec 19 2012

Deepak Kumar Jha Vs. State of Jharkhand and anr

Court: Jharkhand

Decided on: Dec-19-2012

In the High Court of Jharkhand at Ranchi Cr.M.P. No.962 of 2012 Deepak Kumar Jha ..................................................Petitioner VERSUS State of Jharkhand through C.B.I and others ... .Opposite Parties CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioner:Mr. Rajesh Kumar For the C.B.I : Mr. M.Khan 9/ 19.12.12. As prayed for on behalf of the petitioner, let this matter be posted on 16.1.2013 so that an interlocutory application be filed Till then, interim order passed on 29.6.2012 shall continue. (R.R.Prasad, J.) ND/...


Dec 19 2012

Arindam Bose Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No.3349 of 2012 Arindam Bose. ... ... ...Petitioner -Versus- The State of Jharkhand. ... ... ...Opp. Party With A.B.A.No. 3386 of 2012 Rakesh Kumar. ... ... ...Petitioner -Versus- The State of Jharkhand. ... ... ...Opp. Party ---------- CORAM: THE HONBLE MR. JUSTICE D.N.UPADHYAY For the Petitioners: Mr. Sandip Kumar Burnwal, Advocate. For the State: A.P.P. ---------- 04/ 19.12.2012 The petitioners are accused in a case registered under Sections 406/419/420/468/471/506 of the Indian Penal Code in connection with Dhanbad P.S. Case No. 490 of 2012, corresponding to G.R. No. 1920 of 2012, pending in the Court of the Chief Judicial Magistrate, Dhanbad. It reveals from the written report that petitioner-Arindam Bose (in A.B.A.No.3349/2012) had taken over charge of three vehicles from the informant and assured him to pay the cost after selling the same. It is alleged that the vehicles were sold but the sale amount has been misappropriated which i...


Dec 19 2012

Ashwini Kujur Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.C. No. 364 of 2012 Ashwini Kujur ......Petitioner Versus The State of Jharkhand & Ors. .Respondents ----- Coram:HONBLE MR. JUSTICE NARENDRA NATH TIWARI For the Petitioner : Mr.Anoop Kumar Mehta, Advocate For the Respondents : JC to G.A. ----- 06/19.12.2012 Learned counsel for the petitioner submitted that all the defects have been removed. He further submitted that this writ petition can be heard and disposed of at this stage itself. Learned counsel appearing on behalf of the respondents also supported the petitioner. In view thereof, this writ petition is heard and disposed of at this stage. The petitioner has prayed for a direction on the respondents to consider and dispose of the petitioner's representation, which is pending since November, 2011. It has been stated that in the vicinity of the petitioner's house at Konka Karthartoli, P.S. Lower Bazar, District-Ranchi, a multi storied building is being constructed by Sony Construction (resp...


Dec 19 2012

Kamakhya Narayan Giri Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Dec-19-2012

INTHEHIGHCOURTOFJHARKHANDATRANCHI Cr.Appeal(DB)No.1007of2012 1.KamakhyaNarayanGirialiasKamakhyaGiri 2.MurliGiri 3.OmPrakashGiri 4.MahendraGiri 5.ArunGiri Appellants Versus TheStateofJharkhand Respondent CORAM: HONBLEMR.JUSTICED.N.PATEL HON'BLEMR.JUSTICEPRASHANTKUMAR FortheAppellants : Mr.AnilKr.Jha,Advocate FortheRespondent : Mr.ShekharSinha,A.P .P. 05/Dated:19 th December,2012 PerD.N.Patel,J.:1. PresentappealhasalreadybeenadmittedbythisCourtvideorderdated 8thNovember,2012.RecordsandProceedingsofSessionsTrialNo.200of1998 was called for from the trial court so as to appreciate the argument for suspensionofsentence.2. Records and proceedings of Sessions Trial No. 200 of 1998 has been receivedbythisCourt.3. We have heard learned counsel for both the sides and looking to the evidencesofrecord,itappearsthatthereis,primafacie,caseagainstthepresent appellantsaccused. As the criminal appeal is pending, we are not much analyzingtheevidencesonrecord,but,sufficeittosaythat: (i) Thecase of the pro...


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