Jharkhand Court July 2013 Judgments
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Chotelal Sao Alias Chhotu Sao Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-31-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 2664 of 2013. ----- Chotelal Sao @ Chhotu Sao Petitioner. Versus The State of Jharkhand Opposite Party. ..... Coram : The Hon'ble Mr. Justice Prashant Kumar. ----- For the Petitioner : Sri Prabhat Kr. Sinha For the State : Sri G.S. Prasad, A.P.P. ----- 02/31.07.2013. Anticipatory bail application filed by Chotelal Sao @ Chhotu Sao is moved by Sri Prabhat Kr. Sinha, learned counsel for the petitioner and opposed by Sri G.S. Prasad, Addl.P.P. for the State. The case of petitioner stands on similar footing with that of co-accused Rajesh Sao. The aforesaid co-accused has been granted anticipatory bail by a Bench of this Court vide order dated 07.02.2013 in A.B.A. No. 4545 of 2012. Considering the aforesaid fact and circumstance, I allow this application and direct the petitioner, named above, to surrender in the court below by 14.08.2013. If petitioner surrenders by that time, the court below is directed to enlarge the petitioner, named ab...
Nirmal Kumar Singh Vs. Collectariate
Court: Jharkhand
Decided on: Jul-31-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 3907 of 2013 --- Nirmal Kumar Singh ..... Petitioner Versus The State of Jharkhand & Ors. ..... Respondents --- CORAM: HONBLE MR. JUSTICE P.P.BHATT For the Petitioner : M/s. Rita Kumari, Neetu Singh, Adv. For the Respondents : Mr. Md. Shamim Akhtar, Adv. - -- 3/31.07.2013 Petitioner by way of filing the present writ petition under Article 226 of the Constitution of India, has prayed for quashing and setting aside the order dated 21.01.2013 (Annexure-4 Series) passed by Deputy Collector Land Reforms (respondent No.2) in Mutation Appeal No.03 of 2012-13, whereby the Deputy Collector has allowed the appeal of respondent No.4. Upon hearing the learned counsel appearing for the petitioner and on perusal of materials placed on record, issue urgent show cause notice to private respondent by registered post with A/D as well as ordinary process, for which requisites etc. must be filed within one week. The notice is made returnable after four ...
Munna Ram Lal Begi Vs. the State of Jharkhand and ors
Court: Jharkhand
Decided on: Jul-31-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 4369 of 2013 --- Munna Ram Lal Begi ...Petitioner -Versus- The State of Jharkhand & anr. .....Respondents. --- CORAM : HONBLE MR. JUSTICE APARESH KUMAR SINGH --- For the Petitioner : Mr. P. K. Mukhopadhyay, Adv. For the Respondents : M/s. K. P. Choudhary & A.R.Choudhary,Advs. -- 02/31.7.2013 Learned counsel for the petitioner at paragraph no. 17 of the writ petition, has stated that for non-payment of housing loan an amount of Rs. 2,52,484/- is being sought to be recovered in which proceeding under SARFEASI Act have been initiated though more than 8 Lacs are lying with the Bank by way of provident fund and gratuity amount of the petitioner. He has come before this Court on issuance of a notice under Section 13(4) of the SARFEASI Act, 2002. Learned counsel for the petitioner submits that he is agreeable to repudiate the loan amount out of amount which are lying in the name of the petitioner. Learned counsel for the Bank shall seek i...
Hikim Chandra Mahto Vs. State of Jharkhand and ors
Court: Jharkhand
Decided on: Jul-31-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No. 3209 of 2010 Hikim Chandra Mahto ...... Petitioner Vs. The State of Jharkhand & Ors. Respondents ------ CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE JAYA ROY ------ For the Petitioner: Mr. A.K. Sahani For the Respondent: Mr. Jai Prakash, AAG Order No. 11 ------ Dated 31st July, 2013 The Engineer-in-Chief, Water Resources Department, Government of Jharkhand and Administrator, Subarnrekha Multipurpose River Valley Project, Adityapur are present in Court along with learned AAG, Sri Jai Prakash. Heard learned counsel for the parties. Learned counsel for the petitioner drew our attention towards the few facts, which are required to be taken note of. The State Government decided to construct 'Chandil Dam' and accordingly Subarnrekha Multipurpose River Valley Project was started in the year 1977 and land in question was also acquired in the year 1977. It is not in dispute that some persons were to be displaced for construction o...
Gobind Sahu Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-31-2013
IN THE HIGH COURT OF JHARKHAND RANCHI A. B. A. No. 2575 of 2013 Gobind Sahu ... ... ... Petitioner Versus The State of Jharkhand ... ... Opp. Party CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioner : Mr. Mohit Prakash For the State : Mr. S.K. Dubey, A.P.P. For the Informant Mr. Ashish Kumar ........ 4/31.07.2013 Anticipatory bail application filed by Gobind Sahu is moved by Sri Mohit Prakash, learned counsel for the petitioner and opposed by Sri S.K. Dubey, learned Additional PP. for the State and Sri Ashish Kumar, learned counsel for the informant. At the outset, learned counsel for the petitioner as well as learned counsel for the informant submits that prosecutrix and this petitioner had married and now they are living together as husband and wife. Considering the aforesaid facts and circumstance, I allow this anticipatory bail application and direct the petitioner to surrender in the court below on or before 14th of August 2013 and in the event of his surrend...
Life Insurance Corporation of India and anr Vs. Union of India Through ...
Court: Jharkhand
Decided on: Jul-31-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.L. No.3725 of 2012 Life Insurance Corporation of India & Another .... Petitioner Versus Union of India & another ..... Respondents ---------- CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. Sachin Kumar For the Respondents : Mr. Y.N.Mishra, C.G.C 03/31.07.2013 Heard counsel for the parties. By way of I.A. No. 5336 of 2013 petitioner prays for early hearing of the matter. Further, by way of I.A. No. 5337 of 2013 petitioner prays for stay of the proceeding in reference case No. 35 of 2012 pending before the Central Government Industrial Tribunal No. 2, Dhanbad. It is the contention of the petitioner that the industrial dispute referred under the impugned reference vide notification dated 22.5.2012 is stale and no dispute is existing as such. However, after hearing the parties it appears that the cause of action for the workman related to the year 2005 and the dispute was raised in the year 2011. The reference has been ma...
Hasim Miyan Alias Hasim Mian Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-31-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI. A.B.A.No. 2344 of 2013 ----- Hasim Miyan @ Hasim Mian Petitioner. Versus State of Jharkhand Opp.party ...... Coram : The Hon'ble Mr. Justice Prashant Kumar. ----- For the Petitioner : Sri Gaurav Priyadershi For the State : Sri S.K.Srivastava, A.P.P. ----- 03/31.07.2013. Anticipatory bail petition filed by Hasim Miyan @ Hasim Mian in connection with Bariatu Gonda P.S.case no. 52/2013 pending in the court of J.M.Ranchi, is moved by Sri Gaurav Priyadershi, learned counsel for the petitioner and opposed by Sri S.K.Srivastava, A.P.P. for the State. It reveals from the F.I.R. that petitioner get himself appointed on the post of Constable on the basis of fake, fabricated and forge educational certificate. The aforesaid allegation finds support from the certificate issued by Incharge Principal of the concern school ( Annexure-A to the counter affidavit). Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on a...
The Commissioner of Central Ex Vs. M/S Steel Authority of India
Court: Jharkhand
Decided on: Jul-31-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI T.A. Nos. 26, 27, 28, 29 & 31 of 2008 The Commissioner of Central Excise & Customs ...... Appellant Vs. M/s Steel Authority of India Limited, Bokaro Steel Plant, ... ... ... ... ... Respondent ------ CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE JAYA ROY ---- For the Appellant: Mr. Deepak Roshan,Adv. For the Respondent Mr. Rajiv Ranjan, Adv. Order No. 17 ------ Dated 29th July, 2013 Following questions of law are involved in these appeals: (I) Whether the assessee who manufacture dutiable as well as exempted final products, avail MODVAT credit for both the products, they have to pay @ 8 % of the total price of exempted final products under rule 57CC(1) of the erstwhile CER, 44? (II) Whether a backward method of calculation can be accepted as the rules provide maintenance of separate inventory of receipt and use of inputs in respect of both exempted and dutiable goods from the very beginning stage? (III) Whether the CESTAT can remand the ...
Bhubneshwar Prasad Gupta Vs. State of Jharkhand and ors
Court: Jharkhand
Decided on: Jul-31-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2191 of 2012 Bhubneshwar Prasad Gupta .. Petitioner Versus The State of Jharkhand & Others .. Respondents ----- CORAM: HONBLE MR. JUSTICE NARENDRA NATH TIWARI ----- For the Petitioner - M/s Rajiv Ranjan, Shresth Gautam For the Respondents - M/s J.C to G.P-VI, P.K.Choudhary ----- 6/31.7.2013 In this writ petition, the petitioner has prayed for quashing the letter dated 1.8.2011 (Anneuxre-4), whereby the petitioner has been forced to superannuate from the post of Demonstrator at the age of 60 years, against the provisions of the University Act. The petitioner has also prayed for a direction on the respondents to allow the petitioner to continue on the post of Demonstrator, Department of Zoology, till the date of his superannuation i.e. till he attains the age of 62 years. It has been stated that in accordance with the judicial orders, a general notification had been issued by the Director, Higher Education, Human Resources Development ...
Surendra Kumar Sinha Vs. Agriculture and Sugar Cane Development
Court: Jharkhand
Decided on: Jul-31-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.4303 of 2013 Surendra Kumar Sinha .......... Petitioner Versus The State of Jharkhand & Ors. ........ Respondents ------ CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI ------ For the petitioner : Mr. Rishi Pallava, Advocate For the State : J.C. to G.P.V ------ 2/31.07.2013: Learned J.C. to G.P.V prays for two weeks' time to seek instruction and file counter affidavit. Prayer is allowed. Put up this case after two weeks. In the meantime, the petitioner shall not be relieved from the present place of posting, if not already relieved. Shamim/ (Narendra Nath Tiwari, J.)...
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