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Jharkhand Court June 2013 Judgments

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Jun 19 2013

Shiv Shankar Bharti Vs. the State of Jharkhand and anr

Court: Jharkhand

Decided on: Jun-19-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1825 of 2013 Shiv Shankar Bharti .... Petitioner(s) Versus State of Jharkhand ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr. RSP Sinha For the opposite party : Addl.P.P. 19.06.2013 Heard the learned counsel for the petitioner and the learned counsel for the State. This is an application for anticipatory bail flied by the petitioner in connection with C.P. case No. 1596 of 2010 pending in the court of learned Judicial Magistrate, Dhanbad. It reveals from the complaint that on the insurance that Mobile Tower will be installed on the land of the complaint, a sum of Rs. 32,000/- was realized from him, but neither Tower was installed, nor money was refunded. It is submitted that earlier prayer for anticipatory bail of the petitioner vide ABA No. 1749 of 2012 was rejected on 3.9.2013, but now the petitioner is ready to refund the entire amount of Rs. 32,000/- (rupees thirty two thousand ) and, therefo...


Jun 19 2013

Rombol Yadav and anr Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Jun-19-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI A.B.A.No.1523of2013 1.RambolYadav 2.BaijnathYadav Petitioners Versus TheStateofJharkhand OppositeParty CORAM: HONBLEMR.JUSTICED.N.UPADHYAY ForthePetitioners :Mr.DeepakKumar,Advocate FortheState :A.P .P. 02/19.06.2013 Heardlearnedcounselfortheparties. It reveals from the written report that the truck bearing registration not JH12B3716,whiletransportingstonechips,wasseizedbytheinformant. Sincethedriverdidnotproducevalidchalanandpermitagainsttransportation ofstonechips,thiscasehasbeeninstituted. Itissubmittedthatnocaseu/s379I.P.C.ismadeoutbecausenoperson hascomeforwardtoclaimthatstonechips.Asamatteroffactstonechipswere loadedonthetruckforitstransportationfromthecrusherofpetitionerNo.2for whichvalidchalanwasalsoissued. LearnedcounselappearingfortheStateopposedtheprayerforbail. Consideringthesubmissionsaswellasfactsandcircumstances, above namedpetitionersaredirectedtosurrenderbeforetheCourtbelowwithina periodofthreeweeksfromtodayandonsuchsurrendertheyaredir...


Jun 19 2013

Kishore Kumar Vishwakarma Vs. the State of Jharkhand and Others

Court: Jharkhand

Decided on: Jun-19-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(C) No. 3614 of 2012 Kishore Kumar Vishwakarma Petitioner Versus The State of Jharkhand and Ors. Respondents --- CORAM: HONBLE MR. JUSTICE P.P.BHATT For the Petitioner : Mr. Birendra Kumar, Adv. For the Respondents : --- Order No.04 Dated 19th June, 2013. The petitioner, by way of filing the present writ petition under Article 227 of the Constitution of India, has prayed for a direction upon respondent Nos. 2 to 6 to protect the easement right of the petitioner and further to restrain the respondent Nos. 7 and 8 to raise any construction by the side of petitioner's wall till the decision of temporary injunction petition filed in pending Title Suit No. 84/2012. It is further prayed for direction to the court below concerned for expeditiously hearing of the said injunction petition filed by the petitioner. Heard the learned counsel for the petitioner and perused the materials placed on record. It appears that Title Suit No. 84/12 has been filed ...


Jun 19 2013

Manoj Kumar Agrawal Vs. Union of India and ors

Court: Jharkhand

Decided on: Jun-19-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI W.P.(PIL)No.6239of2011 With I.A.No.1058of2013 ManojKumarAgrawal .... .... .... Petitioner Versus UnionofIndia&Ors. .... .... ....Respondents CORAM :HON'BLETHECHIEFJUSTICE HON'BLEMRS.JUSTICEJAYAROY ForthePetitioner :Mr.J.J.Sanga,Advocate FortheRespondents :J.C.toA.G. th OrderNo.07 Dated,19 June,2013 HeardlearnedcounselforthepartiesonI.A.No.1058of 2013 whereby M/s Sharda Construction, a partnership firm to whomworkinquestionhasbeenawardedhasprayedthatitmay beimpleadedasparty. Lookingtothefactsstatedintheapplication,wedeem itpropertoimpleadM/sShardaConstruction,apartnershipfirm as party respondent and the intervention application is allowed accordingly. Putupthiscaseafterfourweeks. Accordingly,I.A.No.1058of2013isallowed. (PrakashTatia,C.J.) (JayaRoy,J.) SI/Anit...


Jun 19 2013

Shiv Shankar Munda Vs. Chair Person National Council

Court: Jharkhand

Decided on: Jun-19-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI W.P.(PIL)No.327of2011 ShivShankarMunda .... .... .... Petitioner Versus ChairPerson,NationalCouncilfortheTeacherEducation&Ors. .... .... .... Respondents CORAM :HON'BLETHECHIEFJUSTICE HON'BLEMRS.JUSTICEJAYAROY ForthePetitioner :Mr.ManojTandon,Advocate FortheRespondents :Mr.SoahailAnwar,Sr.Advocate Mr.RajeshShankar,Advocate th OrderNo.13 Dated,19June,2013 Due to personal difficulty of learned counsel for the NCTE, time has been sought, therefore, it is not opposed by the learnedcounselforthepetitioneralso Sinceitwasacaseofgenuinedifficultyofthelearned counselfortheNCTE,timeisgranted. However,orderdated30th January,2013becomplied with and further direction is issued that if there is necessity of regularappointmentofteachingstaffintheB.Ed.colleges,thenthe steps may be taken by the appropriate institution immediately withoutwaiting. We, therefore, direct the concerned authorities to act fastanddotheneedfulandmaysubmitanyfacttothisCourton affidavitwhichisre...


Jun 19 2013

Jai Narayan Singh Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Jun-19-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 2148 of 2013. ----- Jai Narayan Singh @ Jay Narayan Singh Petitioner. Versus The State of Jharkhand Opposite Party. ..... Coram : The Hon'ble Mr. Justice Prashant Kumar. ----- For the Petitioner : Sri Mahesh Tewari For the State : Sri Shree Prakash Jha, A.P.P. ----- 02/19.06.2013. Anticipatory bail application filed by Jai Narayan Singh @ Jay Narayan Singh is moved by Sri Mahesh Tewari, learned counsel for the petitioner and opposed by Sri Shree Prakash Jha, Addl.P.P. for the State. From perusal of paragraph no. 1B of the complaint petition, I find that all the allegations are against other co-accused. No allegation made against this petitioner. It is stated that he purchased the land in question from other co-accused. Considering the aforesaid fact and circumstance, I allow this application and direct the petitioner, named above, to surrender in the court below by 29.06.2013. If petitioner surrenders by that time, the court below is d...


Jun 19 2013

Chunda Soreng Alias Chunda Soren Vs. State of Jharkhand

Court: Jharkhand

Decided on: Jun-19-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (D.B.) No. 77 of 2013 Chunda Soreng @ Chunda Soren Appellant Versus The State of Jharkhand ... ... Respondent ------ CORAM: HONBLE MR. JUSTICE D.N.PATEL HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR ------ For the Appellant: M/s Navin Kumar Singh For the Respondents: Mr. T.N. Verma, A.P.P. ----- 09/Dated 19th June1. This criminal appeal has been admitted vide order dated 9th May, 2013, passed by this court and records and proceedings of Sessions Trial No. 02 of 2003 was called for from the trial court so as to appreciate the arguments on the prayer for suspension of sentence.2. This court is in receipt of the records and proceedings and we have perused the same.3. Having heard counsel for both sides at length and looking to the evidences on record, it appears that the present appellant is the father, who has committed the murder of his son. However, looking to the evidences on record, it appears that there is a prima-facie case in favour o...


Jun 19 2013

Ropa Oraon Vs. State of Jharkhand and anr

Court: Jharkhand

Decided on: Jun-19-2013

In the High Court of Jharkhand at Ranchi Cr.M.P.No.1577 of 2012 Ropa Oraon ..........................Petitioner VERSUS State of Jharkhand ......... ........Opposite Party CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioner : Mr.Nilesh Kumar For the State : A.P.P 7.19.6.13. Learned counsel appearing for the petitioner submits that since copy of the counter affidavit has been served today itself, the matter be posted for other day. As prayed for, let this mater be listed on 26.6.2013. Till then, interim order passed on 138.3.2013 shall continue. ( R.R.Prasad, J.) ND/...


Jun 19 2013

Satya Narayan Chowdhary Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Jun-19-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI W.P.(PIL)No.6799of2011 With I.A.No.235of2013 SatyaNarayanChowdhary .... .... .... Petitioner Versus StateofJharkhand&Ors. .... .... ....Respondents CORAM :HON'BLETHECHIEFJUSTICE HON'BLEMRS.JUSTICEJAYAROY ForthePetitioner :Mr.NagendraTiwari FortheRespondents :Mr.RajeshKumar th OrderNo.07 Dated,19June,2013 Heardlearnedcounselfortheparties. ThepetitionerhasmovedI.A.No.235of2013seeking directiontoimpleadoneShriU.N.OraonashewastheManaging Director of the Jharkhand State Agriculture Marketing Board at relevanttime. According to the petitioner, he was not a member of I.A.S. cadre,therefore wasnotcompetenttoholdthatpost.Itis submittedthatduringhisperiod,Governmentmoneywasdeposited in private bank whereas it could have been deposited only in nationalised bank. Learned counsel for the petitioner further submitted that when U.N. Oraon was working as Managing Director,hegavesomeoftheworktohisnearanddear. Learned counsel for then respondentState submitted thatthoug...


Jun 19 2013

Adityapur Vikas Samittee Vs. Secretariat

Court: Jharkhand

Decided on: Jun-19-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No.4158 of 2012 Adityapur Vikas Samittee ...... Petitioner Vrs. The State of Jharkhand and others ...... Respondents ------ CORAM: HONBLE THE CHIEF JUSTICE HONBLE MRS. JUSTICE JAYA ROY ------ For the Petitioner : Mr. Samir Kumar Lall, Adv. For the Respondents: Mr. Sachin Kumar,Adv.(for Housing Board ) Mr. Pawan Kumar, Adv. Dated 19th June, 2013. Heard learned counsel for the parties. The present writ petition has been filed in the name of Adityapur Vikas Samittee described as a Self Help Group and having its registered office at Quarter No. 37/1/1, Road No. 13, Adityapur, District Seraikella-Kharsawan, Jharkhand. Petitioner claims that respondent no.2 directed more than one thousand of the residents of that area to vacate the house taken, either on rent or on higher purchase agreement from the respondent- Housing Board. According to the petitioner, the authority has proposed to sell the open space in Adityapur Colony of Jharkhand Housi...


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