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Jharkhand Court March 2013 Judgments

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Mar 06 2013

Md.Mannan Mallick Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 4629 of 2011 Md. Mannam Mallick Petitioner -V e r s u s- The State of Jharkhand & Ors. ... ... Respondents CORAM: - HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : - M/s Gautam Kumar For the Respondents : - JC to SC (L&C) I. A. No. 3341 o09. 06.03.2013 By way of the instant interlocutory application, petitioner prays for an amendment in the main writ petition whereby he prays for impugning the decision taken by the Secretary of the Government of Panchayat Raj and N.R.E.P. (Special Division) Department, Jharkhand, Ranchi vide order dated 05.06.2012 by which settlement of land in question has been refused. It appears that the main writ petition itself was preferred for direction upon the respondents to take a decision in respect of the settlement of land in question. The petitioner also prays for a further amendment by impleading the Secretary of Government of Panchayat Raj and N.R.E.P. (Special Division), Department, Jhar...


Mar 06 2013

Kailash Nath Singh Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (S) No. 6367 of 2004 Kailash Nath Singh ...Petitioner -Versus- The State of Jharkhand & others ..Respondents. --- CORAM : HONBLE MR. JUSTICE APARESH KUMAR SINGH --- For the Petitioner : Mr. A. K. Srivastava, Adv. For the Respondent Nos. 2 &3-Birsa Agriculture University : M/s. A. Allam, Sr. Adv. & Sunita Kumari, Adv. -- 04/6.3.2013 Heardlearnedcounselfortheparties. Thepetitionerisclaimingthebalanceamountofprovident fundfortheperiodfrom198081to199394,whilehewasworking under the Director, Extension Education, Birsa Agricultural University,Kanke,Ranchi,asVillageLabourWorker. The StateRespondents, especially the District Provident Officer,Ranchihasfiledaffidavitstatingthatfortheperiodfrom September,1993tillhisretirementinFebruary,2002,afterreceiptof final withdrawal statement from the concerned office of Block Development Officer, Silli, Ranchi, the Authorities Slip of Rs. 82,007/ hasbeenissuedinfavourofthepetitionerinNovember, 2002 itself. Fo...


Mar 06 2013

Manju Devi Vs. G.M.Cum Chief Engineer,transmi

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (S) No. 3621 of 2006 Manju Devi ...Petitioner -Versus- The General Manager-cum-Chief Engineer, & others..Respondents. --- CORAM : HONBLE MR. JUSTICE APARESH KUMAR SINGH --- For the Petitioner : Mr. Mahesh Tewari For the Respondents : Mr. A. K. Jha -- 08/6.3.2013 LearnedcounselfortheBiharStateElectricityBoardseeks moreindulgencetofilecounteraffidavit.Thematterwasadjourned on 7th October, 2009 by way of last chance to the Bihar State ElectricityBoardtofilecounteraffidavit. Inthatviewofthematter,intheinterestofjustice,however, onemoreindulgenceisbeinggrantedtotheRespondentBiharState ElectricityBoardtofilecounteraffidavit. ItismadeclearthatiftheRespondentBiharStateElectricity Boardfailstofileitsaffidavitwithin4weeks,thenhewillhaveto payRs.3,000/tothepetitionerascost. Listthiscaseafterfourweeks. LetthenameofMr.A.K.Pandey,learnedcounselappearing onbehalfofJSEBappearinthecauselist. (Aparesh Kumar Singh, J) jk...


Mar 06 2013

Farid Ansari Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 1226 of 2013 Farid Ansari ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Mahesh Kumar Sinha (2), Advocate For the State : A.P.P. ------ 2/ 06.03.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offences under Sections 413, 414, 120(B) of the Indian Penal Code and Section 33 of the Indian Forest Act, in connection with Bokaro Thermal P.S. Case No. 3 of 2013 corresponding to G.R. No. 49 of 2013. From the FIR, it appears that the petitioner is alleged to be involved in illegal mining and transaction of coal. The petitioner was not apprehended at the spot. In the facts of this case, I am inclined to enlarge the petitioner, Farid Ansari, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- ...


Mar 06 2013

Ms Chhaganlal Dayaljee Jewels Through Its Partner Sashikant Adesara Vs ...

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 85 of 2013 M/s. Chhaganlal Dayaljee Jewels ... Petitioner Versus The Commissioner of Income Tax, Jamshedpur... Opposite Party ------- CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE JAYA ROY ------ For the Petitioner : Mr. Shankar Lal Agarwal, Advocate For the Opposite Party : Mr. Deepak Roshan, Advocate ------ Order No. 02 Dated 6th March, 2013 Defects are ignored. This application has been submitted seeking modification in the order dated 31st January, 2013 by which direction has been issued to the Assessing Officer to look into the fact that when the fourth order was dispatched and whether it was dispatched on 6.1.2010 or on any other date and then the Assessing Officer was directed to find out whether the proceeding was within limitation or not. However, the Tribunal, in remand order dated 14.02.2012, sent the matter to the C.I.T.(Appeals) and not to the Assessing Officer and in the facts of the case the matter can be examin...


Mar 06 2013

Ram Lal Bari Alias Chote Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 1223 of 2013 Ram Lal Bari @ Chote ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Pravin Kumar, Advocate For the State : A.P.P. ------ 2/ 06.03.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offences under Sections 25(1-B)(a)/26/35 of the Arms Act, in connection with Jhinkpani P.S. Case No. 12 of 2012 corresponding to G.R. No. 297 of 2012. The petitioner was apprehended on 3.7.2012 and from his possession, one country-made loaded pistol was recovered. In the facts of this case, I am inclined to enlarge the petitioner, Ram Lal Bari @ Chote, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Addl...


Mar 06 2013

Bhagwat Prasad Singh Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (S) No. 6875 of 2005 Bhagwat Singh @ Bhagwat Pd. Singh...Petitioner -Versus- The State of Jharkhand & others ..Respondents. --- CORAM : HONBLE MR. JUSTICE APARESH KUMAR SINGH --- For the Petitioner : Mr. Ravi Goswami, Adv. For the Respondents : J.C. to G.A. -- 12/6.3.2013 Heardlearnedcounselfortheparties. Thewritpetitionwaspreferredforgrantofbenefitsof TimeBoundPromotionasalsoAssuredCarrierPromotionsandpension gratuityandotherretirementduesofthepetitioner.Affidavitshavebeen exchanged earlier and in the affidavit filed in January, 2011 by the respondentno.3,ithasbeencategoricallystatedthatvideofficeletterdated 17thJanuary,2011,theofficeofAccountantGeneral,Jharkhandhasbeen requestedtograntapprovalofsecondupgradationofACPtothepetitioner. Ithasfurtherbeenstatedthatuponsuchgrant,thesameshallbepaidtothe petitioner after the same is sent by the Accountant General. Learned counselforthepetitionerhasnotbeenabletoshowwhetherthebenefitsof therevisedp...


Mar 06 2013

Arun Kumar Dubey Alias Arun Dubey Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1015 of 2013 Arun Kumar Dubey @ Arun Dubey ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H. C. MISHRA For the Petitioner :Mr. B. M. Tripathy (Sr. Advocate) For the State :A. P.P. ----- 04/06.03.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. Petitioner has been made accused for the offence under Sections 406, 409, 420, 467, 468, 471, 120(B) of the Indian Penal Code, in connection with Garhwa P.S. Case No. 141 of 2012, corresponding to G.R. No. 793 of 2012. The petitioner is not named in the F.I.R., though, the other co- accused persons are named in the F.I.R. It finds mentioned in the F.I.R. that Rs. 79,92,465/- were withdrawn from the bank account on the basis of stolen cheques under the forged signature of the B.D.O., Garhwa, through account opened by co-accused namely Anil Kumar Singh and Amit Kumar. Learned counsel for the petitioner has submitted that...


Mar 06 2013

Smt.K.Renuka Devi and ors. Vs. Smt.K.Rama Devi

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND RANCHI W.P.(S) No. 6180 of 2006 Smt. K. Renuka Devi ... ... ... Petitioner Versus Union of India and others ... ... Respondents With M.A. No. 303 of 2006 Smt. K. Renuka Devi and others ... ... Appellants Versus Smt. K. Rama Devi ... ... Respondent CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH ............ For the Petitioners : Mr. Akshay Kumar Mahato (In both cases) For the Respondents : Mr. A.K. Das (In both cases) ........ 11/06.03.2013 These applications shall be heard. Respondents have appeared and filed their counter- affidavit. No notice is required to be issued. Counsel for the respondent-Union of India may seek latest instruction in the matter, whether the claim of the deceased employee has been disbursed in favour of one or other persons in the meantime. (Aparesh Kumar Singh, J.) Sunil/ Binit...


Mar 06 2013

Ms Gaurang Alloys and Iron Ltd Through Its Director Shri Amit Kumar Ag ...

Court: Jharkhand

Decided on: Mar-06-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI W.P.(T)No.7422of2012 M/sGaurangAlloys&IronLtd. .... .... .... Petitioner Versus StateofJharkhand&Ors. .... .... ....Respondents CORAM :HON'BLETHECHIEFJUSTICE HON'BLEMRS.JUSTICEJAYAROY ForthePetitioner :Mr.DarshanaP.Mishra,Advocate FortheRespondents :Mr.AjitKumar,A.A.G. th OrderNo.06 Dated,6 March,2013 Learnedcounselfortherevenuemaykeeptherecord i.e.dispatchregisterhavingtheentriesofthedispatchofnoticesin this tax writ petition as well as shall keep them original notices readyforperusalofthisCourt. Putupthiscaseon20.03.2013. Meanwhile, no coercive steps be taken against the petitioner with respect to the demand created by the impugned order. (PrakashTatia,C.J.) (JayaRoy,J.) SI/Anit...


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