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Jharkhand Court April 2013 Judgments

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Apr 15 2013

Utpal Minz Vs. State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND, RANCHI Cr. M. P. No. 224 of 2013 Utpal Minz ..... Petitioner(s) Versus The State of Jharkhand . Opp. Party(s) CORAM: HONBLE MR. JUSTICE R. R. PRASAD For the Petitioner(s) : M/s A. K. Das Chandrajit Mukherjee, Advocates. For the State : Mr. T. N. Verma, A.P.P. ----- 03 /15.04.2013. Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. This application is directed against the order dated 28.04.2006 passed in Chutia [Ranchi] P.S. Case No.77 of 2005 corresponding to G.R. No.3005 of 2005, whereby and whereunder, cognizance of the offence punishable under Section 7 of the E.C. Act has been taken against the petitioner. At the same time, the order dated 4.10.2012, whereby and whereunder, bail bond of the petitioner has been cancelled and the warrant of arrest has been ordered to be issued is also under challenge in this application. However, according to learned counsel appearing for the petitioner, the petitioner would...


Apr 15 2013

Bhuneshwar Ram Vs. Primary Secondary and Mass Education Department

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.6219 of 2012 Bhuneshwar Ram . Petitioner Versus State of Jharkhand & Ors. ...Respondents Coram : The Honble Mr. Justice Narendra Nath Tiwari For the Petitioner : Mr. A.K.Rashidi, Advocate For the Respondents : J.C. to G.A. ----- 06/15.04.2013 In this writ petition, the petitioner has prayed for a direction on the respondents to pay the arrears of salary and other allowances from 01.05.2001 up to the date of his readjustment and absorption in different departments. It has been stated that the petitioner was appointed as Supervisor in Adult Education Project from 1978 to 1996. The petitioner's services was kept in abeyance from 2001 by letter dated 02.02.2001. He was absorbed as Typist w.e.f. 01.02.2008. The petitioner's service was never terminated. He was always willing and ready to work, but he was not allotted any work. Since the petitioner's service was not terminated, he is entitled to get the arrears of salary for the period from...


Apr 15 2013

Motilal Tudu Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 72 of 2013. ----- Motilal Tudu Petitioner. Versus The State of Jharkhand Opposite Party. . ..... Coram : The Hon'ble Mr. Justice Prashant Kumar. ----- For the Petitioner : Sri. Manish Kumar, Someshwar Roy For the Opposite Party : Sri.S.S. Prasad, A.P.P. Sri Anjani Kr. Singh ----- 04/15.04.2013. Anticipatory bail application filed by Motilal Tudu is moved by Sri. Manish Kumar and Someshwar Roy, learned counsels for the petitioner and opposed by Sri. S.S. Prasad, Addl P.P. for the State and Sri Anjani Kr. Singh learned counsel for the informant. It is alleged that sale deed dated 09.02.1996 is forged as complainant has not executed it in favour of petitioner's father. But before the Police, the complainant categorically stated that he did not remember whether he executed aforesaid sale deed or not. It further appears from paragraph no.32 of the case diary that complainant himself filed an application before the L.R.D.C. for grant of perm...


Apr 15 2013

Talo Mahto Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3514 o1. Talo Mahto 2. Chhoti Mahto 3. Muni Mahto @ Munilal Mahto 4. Daso Mahto @ Baso Mahto 5. Bulki Devi 6. Kunti Devi 7. Tuliya Devi ... Petitioners -V e r s u s- The State of Jharkhand & Anr. ... Opposite Parties CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR. For the Petitioners : - Mr. Ashutosh Kr. Singh, Advocate For the O.P. No. 2 : - Mr. H.K. Shikarwar, Advocate. 09/15.04.2013 It is alleged in the complaint petition as well as in the statement of complainant on S.A. that petitioners are the members of M.C.C. Under the said circumstance, let antecedent report of petitioners be called for from the Superintendent of Police, Hazaribagh. In the meantime, interim order passed on 22.01.2013 shall continue. ( Prashant Kumar, J.) sunil/...


Apr 15 2013

M S Apical Exim Private Limited Represented Through Its Director Sri R ...

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND, RANCHI Cr. M. P. No. 243 of 2013 M/s Apical Exim Private Limited, Asansole, Burdwan ..... Petitioner(s) Versus The State of Jharkhand . Opp. Party(s) CORAM: HONBLE MR. JUSTICE R. R. PRASAD For the Petitioner(s) : M/s A. K. Kasyap, Sr. Advocate Lina Shakti, Anurag Kasyap, Advocates. For the State : Mr. Prem Prakash ----- 04 /15.04.2013 . Learned counsel appearing for the petitioner submits that when a First Information Report was lodged against the petitioner as Muffasil P.S. Case No.39 of 2010 which was registered under Sections 120B, 420, 468, 469 of the Indian Penal Code and under Section 4 /21 of the M.M. [D. R.] Act. It was challenged before this Court in Cr. M. P. No.1301 of 2010. This Court having heard the matter along with other connected matter was pleased to stay the further proceeding of the case vide order dated 4.11.2010, still the court below has passed an order for issuance of warrant of arrest as well as processes under Sections 82 and 83...


Apr 15 2013

Rajendra Prasad Sahu Vs. Sunil Kumar Bhagat

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(C) No. 1468 of 2013 Rajendra Prasad Sahu Petitioner Versus Sunil Kumar Bhagat Respondent --- CORAM: HONBLE MR. JUSTICE P.P.BHATT For the Petitioner : Mr. Rajendra Prasad, Adv. For the Respondent : M/s Sachin Kumar, Pawan Kumar, Adv. --- Order No.03 Dated 15th April, 2013. The petitioner, by way of filing the present writ petition under Article 227 of the Constitution of India, has prayed for quashing and setting aside the order dated 30.1.2013(Annexure-4) passed by the Principal District Judge, Dhanbad in Title Appeal No. 10/2013, whereby, the learned court held that appeal shall not lie against the judgment and decree of T.S. No. 30/2007 passed by learned Civil Judge (Jr. Division) No. 1, Dhanbad and accordingly, the appeal filed by the petitioner was ordered to be dismissed.2. Heard the learned counsel for the parties and perused the impugned judgment as well as materials placed on record.3. Learned counsel for the petitioner by referring A...


Apr 15 2013

Rakesh Kumar Singh Alias Karu Singh Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2062 of 2013 Rakesh Kumar Singh @ Karu Singh .... Petitioner(s) Versus State of Jharkhand ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr. A.K.Chaturvedy For the opposite party : Addl.P.P. 15.04.2013 Heard the learned counsel for the petitioner and the learned counsel for the State. Petitioner is accused in connection with Hunterganj PS case No. 102 of 2012 for the offence registered under sections 302/201/498A/34 of the Indian Penal Code. It reveals from written report that Bindu Devi was killed by her husband and in laws and the occurrence was witnessed by daughter of the deceased. It is submitted that the petitioner had simply participated in cremation of the dead body and he did nothing to commit murder. Learned counsel for the State has opposed the prayer. Contention made by the learned counsel finds support from the evidence collected in the case diary. Considering above aspects of the matter,...


Apr 15 2013

Dharamraj Singh Vs. the State of Jharkhand and anr

Court: Jharkhand

Decided on: Apr-15-2013

In the High Court of Jharkhand at Ranchi Cr.M.P. No.56 of 2013 Dharamraj Singh @ Dharamraj Kumar.............Petitioner VERSUS The State of Jharkhand and another .....Opposite Parties CORAM: HON'BLE MR. JUSTICE R.R.PRASAD For the Petitioner :Mr. K.P.Deo For the State :A.P.P 2.15.4.13. This application is directed against the order dated 21.9.2012 passed by the Principal Judge, Family Court, Deoghar in Cr.Misc. No.94 of 2011 whereby and whereunder a sum of Rs.5000/- has been awarded as interim maintenance to be paid by the petitioner to the opposite party no.2. Learned counsel appearing for the petitioner submits that the impugned order was passed on an application filed by the opposite party no.2 claiming therein that she is the wife of this petitioner, who does not maintain her but the petitioner on filing show cause has categorically denied that opposite party no.2 is the wife of the petitioner, rather statement has been made therein that the petitioner's marriage has been solemnized...


Apr 15 2013

Aslam Khan Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.10296 of 2012 Abid Ali ..... Petitioner with B.A. No.198 of 2013 Aslam Khan ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioners : Mr. Indrajeet Sinha For the State : A. P.P. For the Informant : Mr. Pandey Ashok Nath Roy ----- 6/15.4.2013 Both these applications arise out of the same case, as such, they are being disposed of by this common order. Heard learned counsel for the petitioners and learned counsel for the State as also learned counsel for the Complainant-Informant. Petitioners have been made accused for the offence under Sections 406/420/34 of the Indian Penal Code in connection with Bistupur P.S. Case No.371 of 2012, corresponding to G.R. No.3331 of 2012 The complaint was filed by one Samsher Ali, wherein he has alleged that the petitioners and the complainant entered into an agreement on 12.2.2008 for sale of a shop in the premises of Tisco Friends Co-operat...


Apr 15 2013

Laxmi Sao Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4586 of 2012 Laxmi Sao ... ... Petitioner -V e r s u s - The State of Jharkhand ... ... Opposite Party CORAM: - HONBLE MR. JUSTICE D. N. UPADHYAY For the Petitioner : Mr. Yogesh Modi, Advocate. For the State: : APP. 06/15.04.2013 Heard the parties. The petitioner is accused in connection with Excise Case No. 124/2012 for the offence under Section 47-A of Excise Act, pending in the Court of Sri A.K. Dubey, learned Judicial Magistrate, 1st Class, Giridih. It reveals that 450 Kgs of jawa mahua and 180 liters of country made liquor and equipments for manufacturing the liquor have been found at the place of occurrence, which was raided by the excise officials. It is submitted that the petitioner is not concerned with the place of seizure. The place of occurrence has not been described in the offence report. It is not possible for a man, aged about 64 years to flee away after seeing the police party. Learned counsel for the State has oppose...


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