Jharkhand Court March 2013 Judgments
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Abal Mian Alias Abul Mian Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Mar-06-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 311 of 2013 Abal Mian @ Abul Mian .... Petitioner(s) Versus State of Jharkhand ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr. Afaque Ahmad For the opposite party : Addl.P.P. 06.03.2013 This is an application for grant of anticipatory bail filed by the petitioner in connection with G. case No. 64 of 2008 pending in the court of learned Civil Judge, Junior Division IV, Koderma. After some arguments, learned counsel for the petitioner seeks permission to withdraw this application. This application is accordingly, dismissed as withdrawn, as prayed for. Ambastha/- ( D.N.Upadhyay,J.)...
Court on Its Own Motion Vs. State of Jharkhand and ors
Court: Jharkhand
Decided on: Mar-06-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No. 367 of 2012 Court on its own motion ... Petitioner Versus The State of Jharkhand & Others ... Respondents ------- CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE JAYA ROY ------ For the Petitioner : Mr. Krishna Murari, Amicus Curiae For the Respondents : Mr. Rajesh Shankar, GA Mr. Manoj Tandon, Advocate Mr. Mahesh Tewari, Advocate Mr. Mukesh Kumar Sinha, Advocate Mr. Rajeev Kumar, Advocate Mr. Amit Sinha, Advocate ------ Order No. 09 Dated 6th March, 2013 RIMS has not file the counter. Last opportunity is granted to the RIMS to file the counter wherein the RIMS should address to all the issues raised not only by the writ petitioner but which have also been raised by the respondent Nos. 11 and 14 and should also carefully respond to the order of this Court dated 6th February, 2013. Put up in the 1st week of April, 2013. (Prakash Tatia, C.J.) (Jaya Roy, J) Birendra/...
Vikas Kumar and anr Vs. the State of Jharkhand and anr
Court: Jharkhand
Decided on: Mar-06-2013
In the High Court of Jharkhand at Ranchi Cr.M.P. No. 1200 o1. Vikas Kumar 2.Amitava Kumar Chatterjee.........................Petitioners VERSUS State of Jharkhand and another ..............Opposite Parties CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioners:Mr.P.P.N.Roy, Sr. Advocate For the State :A.P.P For the O.P. No. 2 : Mr.K.P.Choudhary 11/ 6.3.13. Heard learned counsel appearing for the petitioners and learned counsel appearing for the opposite party no.2 as well as learned counsel appearing for the State. This application has been filed for quashing of the order dated 23.2.2012 passed in Complaint Case bearing C/1 case no. 2964 of 2011 whereby and whereunder the then Judicial Magistrate, Jamshedpur has taken cognizance of the offence punishable under Sections 323 and 504 of the Indian Penal Code against the petitioners. Mr.P.P.N.Roy, learned Sr. counsel appearing for the petitioners submits that it is the case of the complainant itself that the complainant had taken loan fr...
Shakuntala Devi and ors Vs. Jainul Ansari and ors
Court: Jharkhand
Decided on: Mar-06-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI. W.P. (C) No. 7607 of 2011 Shakuntala Devi @ Kaushalya Devi & Others Petitioners -V e r s u s- Jainul Ansari & Others Respondents. CORAM: - HONBLE MR. JUSTICE P.P. BHATT. For the Petitioners : - Mr. Ajay Kr. Singh and B.K. Thakur, Advocate. 06/06.03.2013 The petitioners by way of the present petition under Article 227 of the Constitution of India have prayed for issuance of an appropriate writ/order/direction for quashing and setting aside the order dated 19.11.2011, passed by the learned Sub-Judge, VIII, Ranchi in Title Suit No. 120 of 2004, whereby the petitioner's application dated 16.11.2011, for adducing evidence, has been rejected.2. Heard the learned counsel for the petitioners.3. Perused the impugned order as well as other materials placed on record.4. It appears that the court below passed an order regarding substitution of the legal heirs of the defendant no. 24 on 08.03.2011 and thereafter, an opportunity was also given to him to file...
Tau Nayak Alias Ram Ratan Harizan Vs. State of Jharkhand
Court: Jharkhand
Decided on: Mar-06-2013
INTHEHIGHCOURTOFJHARKHANDATRANCHI Cr.Appeal(DB)No.972of2012 TauNayak@RamRatanHarizan(Harijan)@RamRatanNayak ... Appellant Versus TheStateofJharkhand ... ... ... Respondent CORAM: HON'BLEMR.JUSTICED.N.PATEL HON'BLEMR.JUSTICES.CHANDRASHEKHAR FortheAppellant: Mr.Dr.H.Waris FortheRespondent: Mr.MukeshBihariLal,A.P.P. 07/Dated:March,06,2013 PerD.N.Patel,J1) ThisappealhasalreadybeenadmittedbythisCourtbyorderdated 18thDecember,2012.RecordandproceedingoftheSessionsTrialNo.159 of2007wascalledforfromthetrialCourttoappreciatetheargumentfor suspensionofsentenceawardedtotheappellantaccused.2) RecordsandproceedingofthetrialCourthasbeenreceivedbythis Court.3) Wehaveheardlearnedcounselforbothsidesontheprayerforthe suspension of sentence under Section 389 of the Code of Criminal Procedure.WehavealsoperusedtherecordandproceedingofSessions TrialNo.159of2007.4) Havingheardlearnedcounselforboththesidesandlookingtothe evidence on record, there is prima facie case against the appellant accused.AstheCriminalA...
Shailendra Kumar Sinha and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Mar-06-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No. 878 o1. Shailendra Kumar Sinha 2. Mani Bhushan Prasad 3. Raja Ram Mochi Petitioners Versus The State of Jharkhand and another Opp. Parties ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioners: M/s Rajesh Kumar & Suresh Kumar, Advocates For the State : A.P.P. For the O.P. No. 2 : ----- 9/06.03.2013 Heard the parties. This application has been filed for quashing of the order dated 15.6.2007 passed by the then Chief Judicial Magistrate, Ranchi in Ormanjhi P.S. Case No. 2 of 2006 (G.R. No. 69 of 2006) whereby and whereunder, cognizance of the offences punishable under Sections 302 read with Sections 217 and 221 of Indian Penal Code has been taken against these petitioners. Mr. Rajesh Kumar, learned counsel appearing for the petitioners, submits that besides these petitioners against whom cognizance of the offences punishable under Sections 302 read with Sections 217 and 221 of Indian Penal Code has been taken, the cour...
Commissioner of Income Tax Vs. Sri Shambhu Singh
Court: Jharkhand
Decided on: Mar-06-2013
INTHEHIGHCOURTOFJHARKHANDATRANCHI TaxAppealNo.17of2007 CommissionerofIncomeTax,Patna.... .... .... Appellant Versus ShriSambhuSingh .... .... ....Respondent CORAM :HON'BLETHECHIEFJUSTICE HON'BLEMRS.JUSTICEJAYAROY ForthePetitioner :Mr.DeepakRoshan,Advocate FortheRespondent : th OrderNo.08 Dated,6 March,2013 Heardlearnedcounselfortheappellant. Followingquestionoflawareinvolvedinthisappeal: Whetheronthefactsandinthecircumstances ofthecase,theI.T.A.T.wasrightinnotconsideringthe BKS2andBKS5seizedduringtheSearchandSeizure Operationbasedonwhichtheadditionsweremade. Whetheronthefactsandinthecircumstances ofthecase,theI.T.A.T.wasrightindeletingtheaddition byapplyingSection44AEwhichisnotavailableonrecord asforthefirsttimetheissuewasraisedbeforetheCIT(A). Admit. Issuenoticetotherespondent,forwhichrequisitesintwosets be submitted within a period of two weeks, and upon filing of which,onebesentbyregisteredpostwithA/D. (PrakashTatia,C.J.) (JayaRoy,J.) SI/Anit...
Heera Singh Vs. State of Jharkhand
Court: Jharkhand
Decided on: Mar-06-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 8752 of 2011 Heera Singh ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. D.K. Prasad, Advocate For the State : A.P.P. ------ 3/ 06.03.2013 It is submitted that this bail application was dismissed as withdrawn by order dated 15.3.2012. However the record was lying traceless and today, the record has been placed before this Court after reconstruction. Learned counsel for the petitioner admits that this bail application has already been dismissed as withdrawn. As such, this bail application stands dismissed as withdrawn on 15.3.2012 itself. ( H. C. Mishra, J.) R.Kr....
Smt.Maheshwar Hansdak Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-06-2013
IN THE HIGH COURT OF JHARKHAND RANCHI W.P.(S) No. 7417 of 2006 Rajesh Hembrom ...... ... ... ... Petitioner Versus The State of Jharkhand and others ... ... Respondents CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH ............ For the Petitioner : Mr. Kaushalendra Prasad For the Respondents : Mr. J.C. to G.P.-II Mr. K.P. Deo ........ 6/06.03.2013 Heard learned counsel for the petitioner, as well as learned counsel for the State as well as learned counsel for the respondents. The present substituted petitioner claims to be the son of William Hembrom who was MLA, according to him, of Shikaripara Constituency in Santhal Pargana District-Dumka, from 1952-1957. Counsel for the petitioner has relied upon the Jharkhand Vidhan Mandal (Salary Allowance and Pension) Act 2001, especially Section 17 thereof to submit that present petitioner's mother, who was original petitioner and wife of deceased MLA is entitled to family pension under the Provisions of the Act of 2001. The said person namely W...
Niranjay Mohlia Alias Niranjan Kumar Mohli Alias Niranjoy Mohli Vs. St ...
Court: Jharkhand
Decided on: Mar-06-2013
INTHEHIGHCOURTOFJHARKHANDATRANCHI A.B.A.No.4321of2012 NiranjayMohlia@NiranjanKumarMohli@NiranjoyMohli Petitioner Versus 1.TheStateofJharkhand 2.PoojaDevi OppositeParties CORAM: HONBLEMR.JUSTICED.N.UPADHYAY ForthePetitioner :Mr.PranPranay,Advocate FortheComplainant :Mr.AbhayKr.Tiwary,Advocate FortheState :A.P .P. 04/06.03.2013 Heardlearnedcounselfortheparties. ThepetitionerisaccusedinacaseregisteredunderSection498A/34of theIndianPenalCode. It reveals that petitioner has been prosecuted for causing torture and treating the complainant with cruelty for want of more dowry demanded in termsofcaseofRs.50,000/andamotorcycle. Itissubmittedthatpetitionerisalwaysreadytokeepthecomplainant withalldignityandcarebutsheisnotwillingtolivewithhimwhichisapparent fromtheCourtquestionputtoherduringherS.A. Learnedcounselappearingforthecomplainantopposedtheprayerfor bailandsubmittedthatthepetitionerhasarrangedsecondmarriagebutfailed togivedetailsofsecondmarriage. Considering matrimonial nature of the offenc...
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