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Jharkhand Court June 2013 Judgments

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Jun 21 2013

China National Minerals Co Ltd Through Its Indian Agent Pan India Impe ...

Court: Jharkhand

Decided on: Jun-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 3815 of 2012 --- China National Minerals Co. Ltd --- --- --- Petitioner vs. The Union of India & Others --- --- --- Respondents --- CORAM: The Honble Mr. Justice Aparesh Kumar Singh --- For the Petitioner: Mr. Srijit Choudhary, Advocate For the SAIL: Mr. Rajiv Ranjan, Advocate --- I.A. No. 3810/2013 07/ 21.06.2013 The instant writ application was preferred for challenging the notice dated 13th April 2012 issued by the SAIL Refractory Unit, Bokaro Steel City, Jharkhand (Respondent No.4) inter-alia on a number of grounds. The petitioner had also prayed for setting aside the NIT dated 30th March 2012 and some other consequential relief(s). The matter has previously been adjourned on a couple of occasions as the parties had expressed their inclination to enter into a settlement over the area of dispute. By way of the instant I.A., learned counsel for the petitioner submits that both parties have arrived at an amicable out of court settl...


Jun 21 2013

Navleen Singh Alias Navneel Singh Vs. State of Jharkhand

Court: Jharkhand

Decided on: Jun-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 377 of 2013 Navleen Singh @ Navneel Singh ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Sanjay Kumar, Advocate For the State : A.P.P. ------ 2/ 21.06.2013 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is aggrieved by the order dated 4.4.2013 passed by learned Sessions Judge, Bokaro, in Sessions Trial No. 67 of 2013, whereby the application filed by the petitioner for discharge has been dismissed by the Court below. The petitioner has been made accused in Balidih P.S. Case No. 57 of 2012 corresponding to G.R. No. 745 of 2012 for the offences under Sections 413, 414 and 120(B) of the Indian Penal Code on the allegation that the police was informed that some stolen railway scraps were kept near a hut and the petitioner and other co-accused persons were involved in transaction of the stolen ...


Jun 21 2013

Md Parwej Akhtar Alias Moti Alias Md Moti Sheikh Vs. State of Jharkhan ...

Court: Jharkhand

Decided on: Jun-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 508 of 2013 Md. Parwej Akhtar @ Moti @ Md. Moti Sheikh ..... Petitioner Versus The State of Jharkhand & Another .. Opposite Parties -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Gautam Kumar, Advocate For the State : A.P.P. ------ 2/ 21.06.2013 This revision application will be heard. Admit. Learned counsel for the petitioner is directed to add the complainant as opposite party No. 2 in this application. Issue notice to the newly added opposite party No. 2, for which requisites etc. must be filed within one week through registered cover with A/D as also through ordinary process, failing which this application shall stand rejected without further reference to a Bench. Call for the Lower Court Records. During the pendency of this revision application, the petitioner, Md. Parwej Akhtar @ Moti @ Md. Moti Sheikh, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousa...


Jun 21 2013

Jitendra Kumar Singh and ors Vs. the State of Jharkhand and anr

Court: Jharkhand

Decided on: Jun-21-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI Cont.Case(Civil)No.1069of2012 JitendraKumarSingh&ors. . Petitioners Versus TheStateofJharkhand&another .... OppositeParties CORAM: HONBLEMR.JUSTICED.N.PATEL ForthePetitioners :Mr.A.K.Sahani,Advocate FortheState :J.C.toG.P.II 06/Dated:21 st June,2013 1. Beforelearnedcounselfortheapplicants(originalpetitioners)arguesout thecaseindetail,itisfairlysubmittedbylearnedcounselfortheStatethat nowinduecomplianceoftheorderpassedbythisCourtinearlierwritpetition, therespondentshavepassedorderdated18thJune,2013whichisatAnnexure A/2tothecounteraffidavitfiledbytherespondents.2. Inviewoftheorderpassedbytherespondentsdated18th June,2013, thereisnowillfuldisobediencebytherespondentsoftheorderpassedbythis Court and, hence, this contempt application is, hereby, dismissed. Liberty is reservedwiththeapplicantstochallengetheorderdated18thJune,2013which is at AnnexureA/2 to the counter affidavit, in accordance with law before appropriateforum. (D.N.Patel,J.) Ajay...


Jun 21 2013

M/S Bihar Sponge Iron Ltd. Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Jun-21-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI CWJCNo.4173of2000 M/sBiharSpongeIronLtd. ... Petitioner Versus TheStateofJharkhandandors. ... ... Respondents CORAM: HONBLEMR.JUSTICEAPARESHKUMARSINGH ForthePetitioner :Mr.M.S.Mittal,Sr.Advocate FortheRespondents :Mr.SirjitChoudhary,GA 2621.6.2013 AreplytoI.A.No.2229of2013hasbeenfiledbytherespondent State. Fromtheavermentmadeinthesaidreplyitappearsthatthe respondentshaveaskedthepetitionertoenterintoanagreementfora certainagreedquantumofwaterdrawlandthepetitionerhasbeen askedtoexecuteanagreementinrespectofthesame.Italsoappears from the averment made in the said reply that in respect of the controversy relating to billing of the water charges from 20th April,1989to31stJuly,2012thepartiesareyettoarriveatabasisfor chargingofthebillfordrawlofthewaterfromChandildam.Therefore, the parties herein have to arrive at an agreement relating to the formula for charging the water rent for the current period after installationofthewatermeter.Therefore,itisdesirabletha...


Jun 21 2013

M/S Tata Steel Ltd. and ors Vs. State of Jharkhand and anr

Court: Jharkhand

Decided on: Jun-21-2013

In the High Court of Jharkhand at Ranchi Cr.M.P.No.383 o1. M/s. Tata Steel Limited 2. B. Muthuraman 3. Om Narayan......................................Petitioners VERSUS State of Jharkhand and another .. Opposite Parties CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioner:Mr.G.M.Misra For the State :A.P.P 2.21.6.13. I.A.No.2711 of 2013 Learned counsel appearing for the petitioners submits that an award was passed against the petitioners. Being aggrieved with that an application was preferred before this Court, vide W.P (L) No.1903 of 2009 whereby operation of the award passed against the petitioners was stayed, vide order dated 6.1.2010. In spite of that, prosecution report was submitted, upon which cognizance of the offence was taken, vide order dated 2.6.2010 which appears to be quite illegal as before that operation of the award had been stayed by this Court. In view of the submission, let notice be issued to the opposite party no.2 under registered cover with A/D, for which req...


Jun 21 2013

Simal Hansda Vs. State of Jharkhand

Court: Jharkhand

Decided on: Jun-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 478 of 2013 Simal Hansda ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Mukesh Bihari Lal, Advocate For the State : A.P.P. ------ 2/ 21.06.2013 This revision application will be heard. Admit. Call for the Lower Court Records. During the pendency of this revision application, the petitioner, Simal Hansda, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of Sri Y.K. Singh, learned Judicial Magistrate 1st Class, Dhanbad or his successor, in connection with G.R. No. 2472 of 1999 / T.R. No.63 of 2012. ( H. C. Mishra, J.) R.Kr....


Jun 21 2013

QayamuddIn Khan Vs. State of Jharkhand and anr

Court: Jharkhand

Decided on: Jun-21-2013

WRIT PETITION ( CR.) NO. 55 Of 2004 ----- In the matter of an application under Article 226 of the Constitution of India. Qayamuddin Khan.. .. .. .. Petitioner Versus 1. The State of Jharkhand 2. Ekbal Ahmad Siddique.. .. .. .. .. Respondents. ----- For the Petitioner : Sri V.P.Singh, Sr.Advocate Ashok Kumar. For the Respondents :M/s R.P.Singh, Dr. H.Waris. ----- PRESENT HON'BLE MR. JUSTICE PRASHANT KUMAR ----- Reserved on 10.05.2013 Delivered on :21. /06/2013 ----- Prashant Kumar,J.This application has been filed for quashing the order dated 20.01.2004 passed by Sessions Judge, Garhwa in Criminal Revision No.32 of 2003, whereby and where under, he dismissed the said criminal revision and upheld the order dated 21.04.2003 passed by learned Sub- divisional Judicial Magistrate, Garhwa in Complaint Case no.492/2002, whereby and where under he took cognizance against the petitioner under section 420 of the Indian Penal Code.2. It appears that respondent no.2 ( complainant) has filed a comp...


Jun 21 2013

Bharat Sanchar Nigam Limited Through Its Chief Accounts Officer Sri Ar ...

Court: Jharkhand

Decided on: Jun-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(T) No. 817 of 2013 with W.P.(T) No. 820 of 2013 with W.P.(T) No. 824 of 2013 ------ Bharat Sanchar Nigam Limited (BSNL).. Petitioner Vs. Union of India & Ors. ... Respondents ------ CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE JAYA ROY ---- For the Petitioner: Mr. B. Poddar, Sr. Adv. Mr. Darshana P. Mishra & Piyush Poddar, Advocates For the Respondents: Mr. Ratnesh Kumar, Adv. ------ Dated 21st June, 2013 Heard learned counsel for the parties.2. Learned counsel for the respondents pointed out that in all connected matters including in these matters, the petitions have been entertained finding the position that because of the circular issued by the Central Government that in case where appellate authority or the revisional authority has not passed any interim order within a period of one month then recovery may be started and this Court found that in most of the places in the entire country the appellate authorities were not functio...


Jun 21 2013

Triveni Engicons Pvt Ltd Through Its Director Govind Prasad Agrawal Vs ...

Court: Jharkhand

Decided on: Jun-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.( T ) No. 2629 of 2013 With I.A. No. 3865 of 2013 Triveni Engicons Pvt. Ltd. ... Petitioner Versus The State of Jharkhand & others ... Respondents ------- CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE JAYA ROY ------ For the Petitioners : Mr. Sumeet Gadodia, Advocate. For the Respondents : Mr. Ajit Kumar, AAG. ------ Order No. 03 Dated 21st June, 2013 Heard learned counsel for the parties. Perused the judgment of the Hon'ble Supreme Court delivered in the case of Gannon Dunkerley and Co. and others Vs. State of Rajasthan & Others reported in (1993) 1 SCC 364.We are of the considered opinion that petitioner is entitled to the interim relief and it is ordered that the respondents shall not deduct the T.D.S. on entire work contract value but shall exclude the value of the work of the earth work pertaining to labour and service charges. While deducting, the concerned authority shall keep in mind the law laid down by the Hon'ble Supreme C...


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