Jharkhand Court April 2012 Judgments

Bijay Kumar Gupta Vs. the State of Jharkhand and Another

Court: Jharkhand

1. Heard learned counsel for the petitioner and learned counsel for the State. 2. This application has been filed for setting-aside the order dated 15.2.2012 in T.R. No.77 of 2011 passed by Sri N. Kumar, learned Judicial Magistrate, 1st Class, Giridih, whereby, the application filed by the petitioner under Section 245 Cr.P.C., has been rejected by the Court below holding that there is prima facie case against the petitioner for the offence under Section 406 and 504 of the Indian Penal Code and accordingly the petitioner's application was rejected and he was asked to appear before the Court for framing of the charge. 3. It appears that a complaint petition being Complaint Case No.679 of 2005 was filed in the Court of learned Chief Judicial Magistrate, Giridih by the Complainant-O.P. No.2 Md. Bablu Ansari, wherein the petitioner being the Circle Officer of Giridih and one Dilip Kumar Gupta, Circle Inspector, Giridih Block were made accused. In the said complaint petition, it was alleged ...

Jay Shankar Pathak and Another Vs. Election Commission of India and Ot ...

Court: Jharkhand

Prakash Tatia, C. J. 1. These two writ petitions have been preferred to challenge the action of the Election Commission of Indiarespondent no.1, whereby the Election Commission has issued a notification dated 30th March, 2012, whereby counting the votes of the Biennial election to the Council of States from the State of Jharkhand scheduled to be taken at 5.00 p.m. on 30th March, 2012 has been stayed until a specific written clearance is given by the Election Commission of India to the Returning Officer –cum- Secretary In-charge for Biennial election to the Council of States from Jharkhand and to the Chief Electoral Officer, Jharkhand, Ranchi. The Election Commission of India further directed that result of counting of votes shall also not be declared without the specific clearance of the Election Commission. By this notification dated 30th March, 2012, the above authorities were directed to send the detail and comprehensive report about the conduct of poll with special reference ...

Tata Steel Limited and Others Vs. the State of Jharkhand and Others

Court: Jharkhand

Reported in: 2012AIR(Jhar)83

Prakash Tatia, C.J. 1. This bunch of writ petitions have been preferred to challenge the validity of section 3 of the Jharkhand Entry Tax Act on Consumption or Use of Goods Act, 2011 being ultra vires to Article 301 read with Article304(a) of the Constitution of India and is not saved by Article 304(b) of the Constitution of India with consequential relief of order of restraint against the respondent State of Jharkhand from enforcing the provisions of the Jharkhand Entry Tax Act, 2011, whereby and whereunder entry tax has been sought to be levied and collected on scheduled goods, making entry exceeding Rs. 10,000/-into local area from any place outside the State for consumption or use therein. 2. All the petitioners are engaged in trade or manufacture and registered under the Jharkhand Value Added Tax Act, 2005 and Central Sales Tax Act, 1956 as dealer. The petitioners, during the course of their business, import scheduled goods as specified under the Jharkhand Entry Tax Act of 2011 on...