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Jharkhand Court January 2013 Judgments

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Jan 10 2013

Smt. Manju Singh Vs. Chairman , J.S.H.Board

Court: Jharkhand

Decided on: Jan-10-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 5280 of 2007 Smt. Manju Singh ..Petitioner -Versus- The Chairman, JSHB & others ..Respondents. --- CORAM : HONBLE MR. JUSTICE APARESH KUMAR SINGH --- For the Petitioner : Mr. Mahesh Tiwari, Adv. For the Respondents-Board : Mrs. I. Sen Choudhary, Adv. -- 06/10.1.2013 Heardlearnedcounselfortheparties. ThepetitionerhascomebeforethisCourtclaimingherselfto bethewidowofLateUdayKantSingh@SunilSingh,whoalong with another person, namely, Late Shankar Singh had formed a PartnershipFirmpriorto1984andthePartnershipFirmwasallotted apieceoflandbytheBiharStateHousingBoardintheyear1984by auctionsale. Accordingtothepetitioner,herhusbanddiedintheyear1992 andthepetitionerhasproducedadeathcertificateofherhusband dated4thJune,1992containedatAnnexure2tothewritapplication. She has come in the present writ application for transfer of half portionofthepieceofland,whichwasallottedtothePartnership Firmintheyear1984onaccountofthedeathofthepartneri.e.her husba...


Jan 10 2013

Brinda Devi Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Jan-10-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 1544 of 2008 --- Brinda Devi --- --- ---- Petitioner Versus The State of Jharkhand through the Secretary, Road Construction Department & others --- --- Respondents --- CORAM: The Honble Mr. Justice Aparesh Kumar Singh For the Petitioner: Mr. Deepak Kumar, Advocate For the State: JC to SC (L&C) --- 05/ 10.01.2013 Heard counsel for the parties.2. The petitioner had come before this court being aggrieved by the acts of the respondent no. 7 who was said to have encroached illegally upon the land of the National Highway No. 31 at Plot No. 6425, Khata No. 727, Ward No. 2, Jhumri Telaiya and thereby blocking the ingress and outgress of the petitioner in collusion with the official respondents.3. After the order passed on 4th February 2010 in the instant case, the respondent no. 6-Executive Engineer, NH Wing, NH Division, Hazaribagh filed an affidavit wherein it has been stated that the alleged encroachment has been removed and copy of the ...


Jan 10 2013

Ram Naresh Singh Vs. State of Jharkhand and anr

Court: Jharkhand

Decided on: Jan-10-2013

In the High Court of Jharkhand at Ranchi Cont.Case (C ) No.747 of 2011 Ram Naresh Singh .................................Petitioner VERSUS State of Jharkhand and another........Opposite Parties CORAM: HONBLE MR.JUSTICE R.R.PRASAD For the Petitioner : None For the D.M.C :Mr. Ajay Kumar Sinha, Advocate 9/ 10.1.13. Learned counsel appearing for the Dhanbad Municipal Corporation by producing an office order passed on 7.1.2013 submits that the order passed by this Court has been complied with. No body appeared on behalf of the petitioner to controvert the statement made on behalf of the Dhanbad Municipal Corporation. There has been no hesitation in accepting the plea of the counsel appearing for the Dhanbad Municipal Corporation that the order passed by this Court has been complied with. Accordingly, the proceeding of contempt is dropped. Let a copy of the order produced by learned counsel appearing for the Dhanbad Municipal Corporation be retained with the record. ( R.R.Prasad, J.) ND/...


Jan 10 2013

Sandeep Kumar Jaiswal Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Jan-10-2013

IN THE HIGH COURT OF JHARKHAND RANCHI A. B. A. No. 3607 of 2012 Sandeep Kumar Jaiswal ... ... ... Petitioner Versus The State of Jharkhand ... ... Opp. Party CORAM: THE HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioner : Mr. Vishal Kumar Tiwary For the Opp. Party : Mr. Krishna Shankar, A.P.P. ........ 5/10.01.2013 Anticipatory bail application filed by petitioner Sandeep Kumar Jaiswal is moved by Sri Vishal Kumar Tiwary learned counsel for the petitioner and opposed by Sri Krishna Shankar learned Additional PP. for the State. It is alleged that petitioner took employment in the company of informant namely M/s Sigma-e-Solution Private Ltd 07.11.2011 by concealing the fact that he is owner of Star 7 Computers, Bank More, Dhanbad. But from perusal of Annexure-4 it appears that Sigma-e-Solution Pvt. Ltd. was knowing from before that petitioner is connected with aforesaid Star 7 Computers. Thus, question of cheating or misrepresentation does not arise. Considering the afores...


Jan 10 2013

Shailendra Jha Sidhant Jyotis Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Jan-10-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.5221 of 2011 Shailendra Jha Sidhant Jyotishcharya ... Petitioner -Versus- The State of Jharkhand & Ors. ... Respondents. ------ CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI ------ For the petitioner : Mr. Subodh Kr. Jha, Advocate For the Respondent No.3 to 5 : Mr. Mithilesh Singh, Advocate For the Respondent No.6 to 8 : Ms.Kumari Rashmi, Advocate. ------ 10/10.01.2013: Learned counsel appearing on behalf of the petitioner confines prayer only to the extent of seeking direction on the respondents to allow the petitioner to join the post, he has been holding in the college. It has been stated that the petitioner had gone on leave. When he returned, he submitted his joining. But the same was not accepted. Due to the said reason petitioner's salary has been withheld since January 2011. The petitioner made repeated requests and filed representations but the same remained unheeded. Learned counsel appearing on behalf of the College- resp...


Jan 10 2013

Sohan Minz Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Jan-10-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 1501 of 2008 --- Sohan Minz --- --- ---- Petitioner Versus The State of Jharkhand & others --- --- --- Respondents --- CORAM: The Honble Mr. Justice Aparesh Kumar Singh For the Petitioner: Mr. J.J.Sanga, Advocate For the State: JC to SC (L&C) --- 04/ 10.01.2013 After some argument, learned counsel for the petitioner seeks permission to pursue the representation which has been preferred before the Circle Officer, Latehar (Respondent No.4) in respect of his grievance raised in the present writ petition. Accordingly, without going into the merits of the case, the writ petition is disposed of in order to allow him to pursue the remedy before the Circle Officer, Latehar (Respondent No. 4), who shall consider the the same, in accordance with law, within a reasonable time, by passing a reasoned order. I.A. No. 3401/08 also stands disposed of. (Aparesh Kumar Singh, J) Ranjeet/...


Jan 10 2013

Surendra Prasad Suman and anr Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Jan-10-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.S. No. 2543 of 2012 Surendra Prasad Suman and Anr. ..Petitioners Versus The State of Jharkhand & Others .Respondents ----- Coram:HONBLE MR. JUSTICE NARENDRA NATH TIWARI For the Petitioners : Mr. Bhanu Kumar, Advocate For the Respondents : JC to Sr. S.C. II ----- I.A. No. 3726/2012 07/10.01.2013 In this I.A., the petitioners have prayed for addition of prayer and subsequent amendment in the writ petition. It has been submitted that the petitioners have challenged the gradation list issued by the Government of Jharkhand on several grounds in the writ petition. During pendency of the writ petition, the respondents have issued promotion order, whereby several junior persons, on the basis of impugned gradation list, have been given promotion superseding the petitioners. In view of the said subsequent development, it is necessary to bring on record the said order and pray for quashing of the same. Learned counsel for the petitioners submitted that...


Jan 10 2013

Tirath Singh Vs. State of Bihar

Court: Jharkhand

Decided on: Jan-10-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 156 of 2000 (R) Tirath Singh Petitioner Versus The State of Bihar (Now Jharkhand) Respondent -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA For the Petitioner: Mr. Jai Prakash, Sr. Advocate, Mrs. Chaitali C.sinha, Advocate, Mr. Yogesh Modi, Advocate, For the Respondent: Mr. Moti Gope, A.P.P. -------- C.A.V. on 29.11.2012 Pronounced on 10.01.2013 ORDER H.C.Mishra,J.: Heard learned counsel for the petitioner and the learned counsel for the State.2. The petitioner is aggrieved by the order dated 03.04.2000 passed by Sri A. K. Singh, learned Judicial Magistrate, Dhanbad, in Govindpur (Barwadda) P.S. Case No. 111 of 1999, corresponding to G.R. No. 1248 of 1999, whereby the application filed by the petitioner for discharge, under section 239 of the Cr.P.C., has been dismissed by the Court below, holding that there are sufficient materials on record to frame the charge against the petitioner under Rule 40(1) of the Bihar Minor Mineral Co...


Jan 10 2013

Jharkhand Board Electricity Bo Vs. Md.Ekram Ansari

Court: Jharkhand

Decided on: Jan-10-2013

IN THE HIGH Court OF JHARKHAND AT RANCHI W.P.(C). No. 6615 of 2007 Jharkhand State Electricity Board Petitioner Versus Md. Ekram Ansari Respondent ---------- CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : M/s Navin Kumar, S.C. & Ravi Kr. Singh, A.S.C For the Respondent : None ----------- 06/10.01.2013 Heard counsel for the petitioner. The sole respondent was earlier served notice and he had also entered appearance through his counsel earlier. On the last occasion the case was adjourned, although the petitioner was present but no one appeared on behalf of the sole respondent. Today again no one is present on behalf of the respondent, therefore the matter is being heard and decided. Petitioner is Jharkhand State Electricity Board, who has challenged the order dated 13.8.2007 passed by the learned Permanent Lok Adalat, Ranchi in P.L.A. Case No. 892 of 2007 by which order 3 more applications being P.L.A Case Nos. 1074/2007,1096/2007 and 1097/2007 preferred by the differ...


Jan 10 2013

Union of India Thr.Defence Est Vs. Smt.Pia Majumdar

Court: Jharkhand

Decided on: Jan-10-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI First Appeal No. 87 of 2009 Union of India ..... Petitioner Versus Smt. Pia Majumdar . Respondent CORAM: HONBLE MR. JUSTICE P. P. BHATT For the Appellant-UOI :Mr.Md. Mokhtar Khan. Advocate For the Respondent :Mr. Himanshu Kumar Mehta, Mrs.Manjushri Patra, Advocates ----- (I.A. No. 3643 of 2012) 14/10.01.2013 The present interlocutory application has been filed inter alia stating that after depositing the requisite amount by the appellant in the Registry of the Court to disburse the amount as per direction given by this Hon'ble Court and, therefore, the respondent is constrained to move this interlocutory application describing as to how and in what manner, the matter has not been timely processed with the registry and humiliation/embarrassment caused to the learned counsel for the respondent. It appears that during that period, there were holidays of Durgapuja and Deepawali and thereafter, the matter has not been processed by the registry and ce...


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