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Jharkhand Court April 2013 Judgments

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Apr 15 2013

Pradip Kumar Agarwal Alias Pradeep Agarwal and anr Vs. State of Jharkh ...

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND, RANCHI Cr. M. P. No. 290 o1. Pradip Kumar Agarwal @ Pradeep Agarwal 2.Suresh Kumar Agarwal @ Suresh Agarwal ..... Petitioner(s) Versus 1.The State of Jharkhand 2.Ramesh Kumar Dhanuka . Opp. Party(s) CORAM: HONBLE MR. JUSTICE R. R. PRASAD For the Petitioner(s) : Mr. P.A. S. Pati, Advocate. For the State : M/s Laxmi Murmu, A.P.P. ----- 03 / 15.04.2013. Learned counsel appearing for the petitioner submits that earlier upon a complaint being lodged by the complainant, cognizance of the offence was taken under Section 138 of the N.I. Act against Sanjay Agarwal whereas, the court did not find any material against these two petitioners and thereby, the cognizance of the offences was not taken against these two petitioners. Being aggrieved with this order, the complainant preferred a revision application which was allowed without giving any notice to the petitioners and thereupon, cognizance of the offence has been taken against the petitioners vide order dated ...


Apr 15 2013

Birendra Ganjhu Vs. State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI B.A.No.2202of2013 BirendraGanjhu Petitioner Versus TheStateofJharkhand OppositeParty CORAM: HONBLEMR.JUSTICED.N.UPADHYAY ForthePetitioner :Mr.BijayKr.Mishra,Advocate FortheState :A.P .P. 03/15.04.2013 Heardlearnedcounselfortheparties. ThepetitionerisaccusedinacaseregisteredunderSections147,148, 149,323,435&120BoftheIndianPenalCode,Section27oftheArmsActand Section17oftheC.L.A.Act. Thereisallegationthatthepetitioner,withhisassociates,armedwith rifle, appeared on the road and stopped the vehicle being driven by the informant. Hewasaskedtocomedownandthereafterthetruckwasseton fire.Thepetitionerandhisassociateshaddisclosedtheiridentityasmembers ofterroristorganisationknownasJ.P.C. Itissubmittedthatpetitionerisinjailcustodysinceabout11months. ExceptSection27ArmsActandSection17oftheC.L.A.Actothersectionsare bailable. LearnedcounselappearingfortheStateopposedtheprayerforbail. Considering the period of detention of petitioner in custody, he is directedtoberelea...


Apr 15 2013

Jai Prakash Gond Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C). No.1975 of 2012 Jai Prakash Gond ..... Petitioner Versus The State of Jharkhand & others ........ Respondents ---------- CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. Indrajit Sinha For the Respondents : J.C. to G.P. V 05/15.04.2013 It appears that notices were issued upon respondent no.3 to 6 through registered cover as well as through ordinary process upon which respondent no. 3,4 and 5 have appeared through their counsel but in respect of respondent no. 6, there is an endorsement in the office report that the said respondent has died. In the meantime, respondents have preferred I.A. No. 1384 of 2013 for vacation of the interim order dated 9.1.2013. Counsel for the petitioner seeks time to take steps for substitution of the said respondent as also to file response to the aforesaid I.A. Accordingly, list this case after 2 weeks. (Aparesh Kumar Singh, J.) A. Mohanty...


Apr 15 2013

Mahesh Kumar Sinha Vs. State of Jharkhand and anr

Court: Jharkhand

Decided on: Apr-15-2013

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Acquittal. Appeal (DB) No. 04 of 2013 Mahesh Kumar Sinha Complainant /Appellant Versus 1. The State of Jharkhand 2. Binod Kumar Das Respondents --------- CORAM: HONBLE MR. JUSTICE D.N. PATEL HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR --------- For the Appellant : Mr. Jay Prakash Jha, Sr. Advocate Mr. Aishwarya Prakash, Mr. Ashish Thakur, Advocates For the State : APP --------- th 03/Dated:15. April, 2013 Per D.N. Patel, J.:1. The present appeal has been preferred against the judgment and order of acquittal passed by the Judicial Magistrate First Class, Dhanbad in C.P. Case No. 1320 of 2011. The judgment and order of acquittal passed by the Judicial Magistrate First Class, Dhanbad on 14.02.2013 and the respondent-accused has been acquitted from the charges under section 138 of Negotiable Instrument Act against this judgment the present appeal has been preferred.2. We have heard counsel for the appellant at length. It is submitted by the counsel f...


Apr 15 2013

Md Israil and ors Vs. State of Jharkhand and anr

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 80 o1. Md. Israil 2. Jagdish Dusadh 3. Ram Bilas Dusadh . Petitioners Versus The State of Jharkhand & Anr. Opp. Parties ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioners : Mr. Tarun Kumar Sinha, Advocate For the State : APP ----- 02/15.04.2013: Order dated 28.09.2012 passed in Giridih (M) P.S. Case No.88 of 2012 (G.R. No.861 of 2012) under which cognizance of the offences punishable under Sections 467 and 468 of the Indian Penal Code has been taken, is being sought to be quashed on the ground that the police, after investigating the case, submitted final form after forming an opinion that the case is in the nature of civil dispute and that nothing has been collected during investigation to substantiate the allegations that the power of attorney were forged by the petitioner Nos.2 and 3 and that there has been absolutely no allegation whatsoever against the petitioner No.1. Still the court took cognizance of the o...


Apr 15 2013

Shanti Udyog Co Through Its Proprietor Kamal Kumar Marwah Vs. Union of ...

Court: Jharkhand

Decided on: Apr-15-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI L.P.A.No.353of2012 ShantiUdyogCo.throughitsproprietor KamalKumarMarwah,Jamshedpur .....Appellant Versus TheUnionofIndiaandors. ......Respondents CORAM:HONBLETHECHIEFJUSTICE HONBLEMRSJUSTICEJAYAROY .... FortheAppellant :M/sDelipJerath,RajeshKumar,Abhinash Kumar,VineetKr.Vashistha,AmitKumar& V.V.Pradhan,Advs. FortheRespondents : xxx Dated15th April,2013 ByCourt CounselfortheappellantwantstowithdrawthisLetters PatentAppeal,soastoraisetheobjectionbeforethesameauthority about the applicability of Employees' Provident Fund & MiscellaneousProvisionsAct,1952.2. Theobjectionmayberaisedbytheappellant,ifnotyetraised, withinaperiodoffourweeksfromthedateofreceiptofcertified copy of this order, which may be submitted to the concerned authority, who may decide the appellant's objection expeditiously, preferablywithinaperiodoftwomonthsthereafter.3. TheLettersPatentAppealisdisposedofwiththeaboveliberty. (PrakashTatia,C.J.) (JayaRoy,J) G.Jha/...


Apr 15 2013

Fateh Bahadur Srivastava Vs. Electricity Board

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.6131 of 2012 Fateh Bahadur Srivastava .......... Petitioner Versus The Chairman, Jharkhand State Electricity Board, Ranchi & Ors. ........ Respondents .............. CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI .............. For the Petitioner : Mr. Mahavir Pd. Sinha, Advocate For the JSEB : Mr. Rajiv Ranjan, Advocate For the BSEB : Mr. Manoj Tandon, Advocate ............. 5/15.04.2013: In this writ petition, the petitioner has prayed for direction on the respondents to fix his pension on the basis of the last pay drawn from the date of retirement i.e. 1.1.1999 and revise the pension accordingly giving all the benefits of the pay revision, etc. It has been stated that the petitioner retired from the service of the respondents after rendering 36 years long service on 31.12.1998. The petitioner, at the time of retirement, was holding the post of Accounts Assistant at Electricity Supply Division, Dhanbad. The petitioner, after retir...


Apr 15 2013

Hulas Mahto Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Apr-15-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI WP(S)No.6955of2005 HulasMahto ... Petitioner Versus TheStateofJharkhandandors. ... ... Respondents CORAM: HONBLEMR.JUSTICEAPARESHKUMARSINGH ForthePetitioner :Mr.SubodhKumarPandey FortheRespondents :Mrs.I.SenChoudhary 715.4.2013 Learnedcounselforthepetitionerseekspermissiontowithdraw thiswritpetition.CounselfortherespondentUniversityispresent. Prayerisallowedallowedandthiswritpetitionisdismissedas withdrawn. (ApareshKumarSingh,J.) Pandey...


Apr 15 2013

Binod Sao Alias Premchand Sao Vs. State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 83 of 2013 Binod Sao @ Premchand Sao . Petitioner Versus The State of Jharkhand Opp. Parties ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioner : Mr T.K. Sinha, Advocate For the State : APP ----- 05/15.04.2013: Learned counsel appearing for the petitioner seeks permission to withdraw this application with a liberty to take recourse, if available under law. Permission is accorded. With the aforesaid liberty, let this application be dismissed as withdrawn. (R.R. Prasad, J.) Ravi/...


Apr 15 2013

Ghansyam Mishra Vs. Transport

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.S. No.4360 of 2012 Ghanshyam Mishra ..Petitioner Versus The State of Jharkhand & Ors. .Respondents ----- Coram:HONBLE MR. JUSTICE NARENDRA NATH TIWARI For the Petitioner : Mr. Ashutosh Mishra, Advocate For the Respondents : M/s A.K. Pandey, Advocate Mr. A. Allam, Sr. Advocate ---- I.A. No. 501/2013 03/15-04-2013 In this I.A., the petitioner has prayed for addition of prayer and amendment in the writ petition. According to the petitioner, he had filed writ petition for a direction on the respondents to pay retiral dues. The respondents while calculating the retiral dues have deducted Rs.2,48,432.97p as a penal house rent, though the actual amount is Rs.86,000/- and letter has been issued to that regard being letter no. 47 dated 18.01.2011. The petitioner has sought to add a prayer for quashing the said letter no. 47 dated 18.01.2011 by this application. It has been stated that the amendment prayed for is based on the same factual background, ...


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