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Jharkhand Court July 2013 Judgments

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Jul 31 2013

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 ...


Jul 31 2013

Ashok Singh Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Jul-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6863 of 2013 Ashok Singh ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : A.P.P. -------- 2/ 31.07.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offences under Sections 272, 273, 290 of the Indian Penal Code and Section 47(a) of the Excise Act, in connection with Tatijharia P.S. Case No. 18 of 2013 corresponding to G.R. No. 1829 of 2013. The petitioner was apprehended along with a vehicle loaded with foreign and country liquor. In the facts of this case, I am inclined to enlarge the petitioner, Ashok Singh, on bail. Accordingly, the petitioner, named above, 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 Miss D...


Jul 31 2013

Sanjiv Kumar and ors 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. 1331 of 2013 --- Sanjiv Kumar & others ...Petitioner -Versus- The State of Jharkhand & anr. .....Respondents. --- CORAM : HONBLE MR. JUSTICE APARESH KUMAR SINGH --- For the Petitioner : Mr. Ganesh Pathak, Adv. For the Respondents : Mr. Ajit Kumar, A.A.G I.A. No. 5317 o04. 31.7.2013 This interlocutory application has been preferred for early disposal of the writ application and issuing notice upon respondent no. 6, National Council of Teachers Education. It appears that the writ petition has not been taken up under the heading for fresh filing even once. Accordingly, let the matter be placed under the heading for fresh filing, so that necessary order can be passed. Accordingly, the aforesaid I.A. No. 5317 of 2013 stands disposed of. (Aparesh Kumar Singh, J) jk...


Jul 31 2013

Jagdish Prasad Soni and ors Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Jul-31-2013

IN THE HIGH COURT OF JHARKHAND RANCHI A. B. A. No. 2628 o1. Jagdish Prasad Soni 2. Binod Kumar ... ... ... Petitioners Versus The State of Jharkhand ... ... Opp. Party CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioners : Mr. Sameer Saurabh For the State : Mr. S. Mahto, A.P.P. ........ 4/31.07.2013 Anticipatory bail application filed by Jagdish Prasad Soni and Binod Kumar is moved by Sri Sameer Saurabh, learned counsel for the petitioners and opposed by Sri S. Mahto, learned Additional PP. for the State. This is a case under Sections 323 & 379 of the Indian Penal Code. It is alleged that petitioners took away 30 bags of cement, 5 quintals of iron rod and 3,000 bricks on a Commander Jeep. Aforesaid story, prima-facie, appears to be improbable. Considering the aforesaid facts and circumstance, I allow this anticipatory bail application and direct the petitioners to surrender in the court below on or before 14th of August 2013 and in the event of their surrender, the...


Jul 31 2013

Gopi Nath Ghosh Vs. State of Jharkhand and anr

Court: Jharkhand

Decided on: Jul-31-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI W.P.(PIL)No.2584of2011 GopiNathGhosh .... .... .... Petitioner Versus TheStateofJharkhand&Anr. .... .... ....Respondents CORAM :HON'BLETHECHIEFJUSTICE HON'BLEMRS.JUSTICEJAYAROY ForthePetitioner :Mr.AnupKumarAgrawal,Advocate Mr.RohitThakur,Advocate FortheRespondents :J.C.toG.P.II OrderNo.13 Dated,31 st July,2013 Wehaveperusedthesupplementarycounteraffidavitfiled by the respondentState dated 15.05.2013 filed in the Court on 17.05.2013.Wefoundthatnomaterialparticularshavebeenmentioned intheaffidavitandanumberofdocumentshavebeenannexedalong withaffidavit. TheStateisdirectedtostateonoaththathowmanyclaim ofthevictimsofterroristactivitiesforcompensationarependingwiththe State Government, in how many case they have already paid compensation and whether those victim's application have been forwardedtoCentralGovernmentforgivingcompensationaccordingto theCentralGovernmentschemetothetuneofRupeesthreelacs. According to the learned counsel for the Union of India, Ce...


Jul 31 2013

Meghnath Mahto Vs. Central Coalfields Ltd and ors

Court: Jharkhand

Decided on: Jul-31-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI WP(S)No.2617of2008 MeghnathMahto ... Petitioner Versus CentralCoalfieldsLimitedandors. ... ... Respondents CORAM: HONBLEMR.JUSTICEAPARESHKUMARSINGH ForthePetitioner :Mr.A.K.Sahani FortheRespondents :Mr.AnandaSen 631.7.2013 Bytheimpugnedletterdated1/242008,Annexure3,the applicationofthepetitionerforemploymentoncompassionate groundhasnotbeenconsideredbythecompetentauthorityon thegroundofphysical handicapwhichthepetitionerissaidto havebeensuffering.2. Thepetitioner'sfatherwasworkingasaPumpKhalasiin SirkaCollieryoftherespondentno.1CCL.Thepetitionerclaims to be the eldest son of his father, who died in harness on 11.5.2003videAnnexure2,thedeathcertificate.Accordingtothe petitioner he made an application on 7.1.2004 seeking compassionateappointmentbutthesamehasbeenrejectedon thegroundofbeingphysicallyhandicappedasperpara9.3.0of the National Coal Wage Agreement. Learned counsel for the petitionersubmitsthatinthecounteraffidavittherespondents haveenclosedtheme...


Jul 31 2013

Siraj Ansari Alias SirajuddIn Ansari Alias Bhutwa Vs. the State of Jha ...

Court: Jharkhand

Decided on: Jul-31-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI A.B.A.No.1125of2013 SirajAnsari@SirajuddinAnsari@Bhutwa Petitioner Versus TheStateofJharkhand OppositeParty CORAM: HONBLEMR.JUSTICED.N.UPADHYAY ForthePetitioner :Mr.NisithKr.Sahani,Advocate FortheState :A.P .P. 05/31.07.2013 Heardlearnedcounselfortheparties. Itisacaseoftheftofelectricwire.Themiscreantshavecutandtaken away 2100 meter of wire falling between 53/2 53/3 and 53/4. During investigationsomeoftheaccusedwereapprehendedandtheyconfessedtheir guiltdisclosingnameoftheirassociatesincludingnameofpresentpetitioner. Cashandstolenelectricwirewererecoveredonthebasisofconfession. It is submitted that petitioner is not named in the F.I.R. Nothing incriminatinghasbeenrecoveredfromhispossession.Hehasbeenimplicated onlyonthebasisofconfessionmadebycoaccusedbeforethepolice. LearnedcounselappearingfortheStateopposedtheprayerforbail. Considering the facts and circumstances coupled with the fact that petitionerisnothavingcriminalantecedent,heisdirectedtosurrenderb...


Jul 31 2013

Raj Kumar Mandal Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Jul-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 5466 of 2013 Raj Kumar Mandal ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mrs. Gauri Debi, Advocate For the State : A.P.P. -------- 2/ 31.07.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offences under Sections 387, 307 of the Indian Penal Code and Section 27 of the Arms Act, in connection with Chakradharpur P.S. Case No. 168 of 2012 corresponding to G.R. No. 371 of 2012, S.T. No. 96 of 2013. There is allegation against the petitioner to have assaulted the informant by firearm, causing injuries on his hand, allegedly, for not fulfilling the demand of levy. In the facts of this case, I am inclined to enlarge the petitioner, Raj Kumar Mandal, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs....


Jul 31 2013

Saryu Yadav Alias Sarju Yadav and anr Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Jul-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 6916 of 2013 ------- 1. Saryu Yadav @ Sarju Yadav 2. Banarshi Yadav . Petitioners -Versus- The State of Jharkhand ..... Opposite Party ------- CORAM : HONBLE MR. JUSTICE H.C.MISHRA ------- For the Petitioners : : M/s. Rajan Sahay For the State : : Mr. A.P.P. ------- 2/ 31.07.2013. Heard learned counsel for the petitioners and the learned counsel for the State. The petitioners have been made accused in connection with Panki P.S. Case No. 43 of 2013, corresponding to G.R. No. 717 of 2013, for the offence under Sections 414 / 34 of the Indian Penal Code and Section 33 of the Indian Forest Act. From the F.I.R. it appears that the petitioners were apprehended with a tractor loaded with illegally mined coal. In the facts of this case, I am inclined to release the petitioners on bail. Accordingly, the petitioners, Saryu Yadav @ Sarju Yadav & Banarshi Yadav, are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten...


Jul 31 2013

Krishna Murari and ors Vs. Science and Technology

Court: Jharkhand

Decided on: Jul-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.S. No. 2934 of 2013 Krishna Murari & Others ..Petitioners Versus The State of Jharkhand & Ors. .Respondents ----- Coram:HONBLE MR. JUSTICE NARENDRA NATH TIWARI For the Petitioners : Mr. Anil Kumar Sinha, Sr. Advocate For the Respondents : J.C. to G.A. --- I.A. No. 4561 o05. 31-07-2013 In this I.A., the petitioner has prayed for exemption of payment of more than one set of court fee. It has been submitted that the prayer made in the writ application is identical, and as per the order dated 20.09.2008, passed in WPS No. 2928 of 2008 ( Annexure-1), only one court fee is required to be paid. The objection of the office is, thus, contrary to the said order. Learned J.C. to G.A., appearing on behalf of the respondents, has not controverted the said contention. Having heard learned counsel and considering Annexure-1 to the I.A., I find substance in the said ground. I.A. is accordingly allowed. Petitioners are exempted from paying more than one set ...


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