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Jharkhand Court April 2013 Judgments

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Apr 15 2013

Jitan Mahto Vs. Bharat Coking Coal Ltd. and ors.

Court: Jharkhand

Decided on: Apr-15-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI WP(S)No.705of2006 JitanMahto ... Petitioner Versus BharatCokingCoalLtd.andors. ... ... Respondents CORAM: HONBLEMR.JUSTICEAPARESHKUMARSINGH ForthePetitioner :Mr.JCtoMr.A.K.Singh FortheRespondents :Mr.A.Sen 915.4.2013 Aprayerforadjournmentisonceagainmadeonbehalfofthe learnedcounselforthepetitioner.Onthelastoccasionalsoaprayer foradjournmentwasmadeanditwasrecordedthatearlieralsoonthe requestofthe learned counselfor thepetitioner,the casehasbeen adjourned. Counselfortherespondentswaspresentonthatoccasionand keeping into regard the request of the learned counsel for the petitioner,bywayoflastindulgence,thecasewaspassedoverforthe day. Todayonceagainaprayerforadjournmentismade,whichis beingrefused. In such circumstances, this writ petition is dismissed as not pressed. (ApareshKumarSingh,J.) Pandey...


Apr 15 2013

Mustakim Ansari Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.10464 of 2013 Mustakim Ansari ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioner : Mr. Mahesh Tewari For the State : A. P.P. ----- 7/15.4.2013 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused for the offence under Sections 395/397/412 of the Indian Penal Code in connection with Tundi P.S. Case No.72 of 2010, corresponding to G.R. No.3505 of 2010. The case relates to dacoity and the impugned order shows that the petitioner has been made accused in this case on the basis of the confessional statements. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Mustakim Ansari is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned 5th Addition...


Apr 15 2013

Gouri Shankar Prasad and ors Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND RANCHI A. B. A. No. 38 o1. Gouri Shankar Prasad 2.Rakesh Kumar 3.Rajesh Kumar 4.Sanju Sinha .. ... ... Petitioners Versus The State of Jharkhand ... ... Opp. Party CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioners : Mr. Pradeep Kumar For the State : Mr. T. Kabiraj, A.P.P. For the Informant Mr. Shailesh Kumar Sinha ........ 3/15.04.2013 In compliance of order dated 13.02.2013, Officer-in- Charge Bariatu Police Station submitted his report wherein he categorically stated that on 09.10.2012. he received no information regarding present occurrence from RIMS. On the other hand, Sri Shailesh Kumar Sinha, appearing for the informant, controvert aforesaid assertion of Officer-in-charge Bariatu Police Station. Accordingly Sri Shailesh Kumar Sinha is directed to file affidavit sworn by informant in this regard annexing the document. Put up this case after two weeks. In the meantime, interim order passed on 13.02.2013 will continue. (Prashant...


Apr 15 2013

Umme Nikhat Perween Vs. the State of Jharkhand and anr

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND, RANCHI Cr. M. P. No. 267 of 2013 Umme Nikhat Perween ..... Petitioner(s) Versus 1.The State of Jharkhand 2.Ariz Kamal . Opp. Party(s) CORAM: HONBLE MR. JUSTICE R. R. PRASAD For the Petitioner(s) : Mr. Haider Ali, Advocate. For the State : Mr. V. K. Tiwary, A.P.P. ----- 04 /15.04.2013 . The regular bail was granted to husband of the petitioner by the learned Principal Sessions Judge, Simdenga in B.P. No.254 of 2012, whereas this application was filed before this Court for cancellation of the bail without moving to the court of learned Sessions for cancellation of bail. In such situation, I am not inclined to entertain this application and hence, this application stands dismissed. However, the petitioner would be at liberty to take recourse available under the law. (R. R. Prasad, J.) Sandeep/...


Apr 15 2013

Basanti Devi and anr Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 48 of 2013 with A.B.A. No. 54 of 2013. ----- 1. Basanti Devi 2. Santosh Kumar @ Anand Petitioners in ABA 48/13.3. Ram Badan Ram 4. Indrajeet Kumar @ Guddu Petitioners in ABA 54/13. Versus 1.The State of Jharkhand 2. Ganesh Das Opposite Parties. . ..... Coram : The Hon'ble Mr. Justice Prashant Kumar. ----- For the Petitioners : Sri. Indrajit Sinha For the Opposite Parties : Sri. V.K. Tiwari, A.P.P. Sri Sanjeev Thakur ----- 03/15.04.2013. Both the applications arose from same First Information Report, thus are heard together and disposed of by this order. Sri Indrajit Sinha, learned counsel appearing on behalf of the petitioners in both cases, Sri V.K. Tiwari, Addl. P.P. for the State and Sri Sanjeev Thakur, learned counsel appearing for opposite party no.2. It is alleged that the petitioners took Rs.3,60,000/- at the time of engagement of the marriage and thereafter, they demanded more money from the complainant. When complainant refus...


Apr 15 2013

Dilip Kumar Jha and Others Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 166 of 2013. ----- 1. Dilip Kumar Jha 2. Sandip Kumar Jha @ Sandip Jha 3. Santosh Iswar @ Santosh Ishwar 4. Parameshwar Pandey 5. Amarendra Kumar Petitioners. Versus 1.The State of Jharkhand 2. Umashankar Prasad Opposite Parties. . ..... Coram : The Hon'ble Mr. Justice Prashant Kumar. ----- For the Petitioners : Sri. Indrajit Sinha For the Opposite Parties : Sri. Ayush Aditya. ----- 03/15.04.2013. Anticipatory bail application filed by Dilip Kumar Jha, Sandip Kumar Jha @ Sandip Jha, santosh Iswar @ Santosh Ishwar, Parameshwar Pandey and Amarendra Kumar is moved by Sri. Indrajit Sinha, learned counsel for the petitioners and opposed by Sri. Ayush Aditya learned counsel for the informant opposite party no.2. At the outset, Sri Indrajit Sinha stated that during the pendency of this bail application, petitioners entered into a fresh agreement with the Union Club and now dispute has already been settled. Petitioners have produce the land se...


Apr 15 2013

Rizwan Hassan Alias Rizwan HussaIn Alias Rizwan Hussan Vs. the State o ...

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND RANCHI A. B. A. No. 4685 of 2012 Rizwan Hassan @ Rizwan Hussain @ Rizwan Hussan ... ... ... Petitioner Versus The State of Jharkhand and another ... ... Opp. Parties CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioner : Mr. A.K. Das For the State : Mrs. Niki Sinha, A.P.P. For the O.P. No.-2 Mr. M.A. Khan ........ 5/15.04.2013 Put up this case after two weeks enabling the petitioner to file supplementary-affidavit showing that parties have compromised the case and and filed compromise petition in the court below. In the meantime, interim order passed on 12.02.2013 will continue. (Prashant Kumar, J.) Binit...


Apr 15 2013

Rakesh Kumar Singh and ors Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.S. No.1718 of 2012 Rakesh Kumar Singh & Others ........Petitioners Versus The State of Jharkhand & Ors. .Respondents ----- Coram:HONBLE MR. JUSTICE NARENDRA NATH TIWARI For the Petitioners : Mr. Alok Anand, Advocate For the Respondents : J.C. to A.G. ---- I.A. No. 1149/2013 11/15-04-2013 In this I.A., the petitioners have prayed for leave of this Court to implead the persons, whose names are given in the list enclosed in the supplementary affidavit, to be impleaded as respondents in representative capacity through respondent nos. 15 to 19. It has been submitted that all those respondents have same interest and they have been appointed in the same process and in view of the numbers of respondents, it will not be convenient to sue all the persons in individual capacity. Learned J.C. to to A.G. has not disputed the said fact and contention and has no objection in granting the leave, as sought for. Considering that there are numerous persons hav...


Apr 15 2013

Smt Banani Gupta Vs. Vinobha Bhave University Through Its Vice Chancel ...

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.5856 of 2012 Smt. Banani Gupta .......... Petitioner Versus Vinoba Bhave University, Hazaribag & Anr. ........ Respondents .............. CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI .............. For the Petitioner : Mr. Atanu Banerjee, Advocate For the Respondents : Mr. Mithilesh Singh, Advocate ............. 5/15.04.2013: In this writ petition, the petitioner has prayed for direction on the respondents to pay the death-cum-retiral benefits, which are payable after the death of petitioner's husband-Late Ananta Kumar Gupta, Demonstrator, P.K. Roy Memorial College, Dhanbad. It has been stated that the petitioner's late husband was a Demonstrator in Chemistry Department of P.K. Roy Memorial College, Dhanbad. He died in harness on 2.9.1993. After his death a notification for his promotion to the post of Lecturer w.e.f. 7.12.1990 was issued on 1.10.1997. The petitioner is entitled to get all the death-cum-retiral benefits in the sca...


Apr 15 2013

Babban Singh Vs. Union of India and ors

Court: Jharkhand

Decided on: Apr-15-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI W.P.(S)No.2329of2011 BabbanSingh .... .... .... .... Petitioner Versus UnionofIndiathroughtheSecretary,MinistryofHomeAffairs& Ors. .... .... .... ....Respondents CORAM :HON'BLETHECHIEFJUSTICE HON'BLEMRS.JUSTICEJAYAROY ForthePetitioner :Mr.S.Mitra,Advocate FortheResp.2(UPSC):Mr.FaizUrRahman,Advocate FortheResp.1 :Mr.T.N.Mishra,Advocate FortheRespondents :Mr.RahulKumar,Advocate Mr.PrabhatSingh,Advocate th OrderNo.08 Dated,15 April,2013 Heardlearnedcounselfortheparties.2. ThepetitionersO.A.No.260of2010wasdismissedby the Central Administrative Tribunal, Patna Bench, Patna, Circuit BenchatRanchivideorderdated12thJanuary,2011ontheground thatthepetitionerearlierpreferredO.A.No.101of2009,whichwas dismissedbythesameBenchvideorderdated9thMarch,2010and therefore, petitioners second O.A. is barred by Principle of resjudicataaswellasonthegroundofdelay.3. Learned counsel for the appellant submitted that the petitioner in O.A. No. 101 of 2009 prayed that his case may...


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