Jharkhand Court July 2013 Judgments
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Jagdeo Yadav Alias Jagdev Mahto Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-30-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 5427 of 2013 ------- Jagdeo Yadav @ Jagdev Mahto . Petitioner -Versus- The State of Jharkhand ..... Opposite Party ------- CORAM : HONBLE MR. JUSTICE H.C.MISHRA ------- For the Petitioner : : M/s. Jawahar Sah For the State : : Mr. A.P.P. ------- 5/ 30.07.2013. Heard learned counsel for the petitioner and the learned counsel for the State. The petitioner has been made accused in connection with Burmu P.S. Case No. 52 of 2010, corresponding to G.R. No. 3306 of 2010, S.T. No. 99 of 2012, for the offence under Sections 147, 148, 149, 341, 323, 325, 364, 386 of the Indian Penal Code. From the F.I.R. it appears that the members of the extremists group had abducted the son of the informant. The case was instituted against one Arjun and 8 to 10 unknown persons. The petitioner is not named in the F.I.R. The impugned order shows that the petitioner has been made accused only on the basis of the confessional statement of the co-accused and on the b...
Chunnu Raut Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-30-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 6085 of 2013 ----- Chunnu Raut Petitioner. Versus The State of Jharkhand Opposite Party. . ..... Coram : The Hon'ble Mr. Justice Prashant Kumar. ----- For the Petitioner : Sri. Yogesh Modi For the State : Sri. A.K.Toppo, A.P.P. ----- 04/30.07.2013. Bail application filed by Chunnu Raut is moved by Sri Yogesh Modi , learned counsel for the petitioner and opposed by Sri. A.K.Toppo, Addl P.P. for the State. Earlier petitioner was granted bail after considering the merit of the case. However, it appears that bail bound of the petitioner cancelled on 16.11.2009. Thereafter, petitioner surrendered on 27.05.2013. It is submitted that from 04.11.2009 petitioner is in custody in connection with Giridih (M) P.S. ase no.371/2009 and he acquitted in that case on 17.06.2011. Because, he could not surrender earlier. Considering the aforesaid fact and circumstance and also taking into account that petitioner is in custody from 27.5.2013, I allow this a...
Dasru Manjhi Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-30-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 473 of 2013 Dasru Manjhi Appellant Versus The State of Jharkhand Respondent --------- CORAM: HONBLE MR. JUSTICE D.N. PATEL HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR --------- For the Appellant : Mr. Lukesh Kumar, Advocate For the State : A.P.P. --------- 04/Dated:30. h July, 2013 Per D.N. Patel, J.:1. This criminal appeal is Admitted.2. Records and proceedings of Sessions Trial No. 101 of 2007 is called for from the concerned Trial Court (Additional District & Sessions Judge, Simdega), so as to reach to this Court to appreciate the argument for suspension of sentence.3. Registry of this Court is directed to get the paper books prepared with neatly typed copies of depositions of the witnesses and other documents, as required under Rules 190 and 191 of the Jharkhand High Court Rules, 2001.4. The matter is adjourned to be listed on 26th August, 2013. (D.N. Patel, J.) (Shree Chandrashekhar, J.) Tanuj/Satyarthi...
Fulendra Sao Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-30-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B.A. No. 993 of 2013 Fulendra Sao .........Petitioner Vs. The State of Jharkhand ........Opposite party CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR For the Petitioner: Mr. S.S. Prasad For the State: Mr. P.K. Jaiswal , APP 7/30.07.2013: As prayed by learned Additional P.P., put up this case after one week. In the meantime, interim order dated 24.06.2013 will continue. ( Prashant Kumar,J.) Sharda/-...
Mahabir Mahato Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jul-30-2013
INTHEHIGHCOURTOFJHARKHANDATRANCHI CriminalAppeal(DB)No.210of2013 with CriminalAppeal(DB)No.254of2013 MahabirMahatol Appellant (inCr.Appl.No.210of2013) 1.ChokroKerai 2.GondeyChaki@KondiChaki 3.RasikaBodra ... ... Appellants (inCr.Appl.No.254of2013) Versus TheStateofJharkhand Respondent CORAM:HON'BLEMR.JUSTICED.N.PATEL :HON'BLEMR.JUSTICESHREECHANDRASHEKHAR FortheAppellants :Mr.RamChandraPrasadSah,Advocate FortheRespondent :Mr.ShekharSinha,A.P.P. th 04/Dated:30 July,2013 PerD.N.Patel,J.1. Criminal Appeal (DB) No. 210 of 2013 has been admitted videorderdated27th June,2013andCriminalAppeal(DB)No. 254of2013hasbeenadmittedvideorderdated16th May,2013 andrecordandproceedingsofSessionsTrialNo.42of2010was calledforfromthetrialcourtsoastoappreciatetheargumentsfor suspensionofsentenceunderSection389oftheCodeofCriminal Procedure.2. The appellant in Cr. Appeal (DB) No. 210 of 2013 is the originalaccusedno.1andtheappellantsinCr.Appeal(DB)No. 254 of 2013 are the original accused nos. 2 to 4 and all the...
Siya Ram Sharma Vs. Union of India and ors
Court: Jharkhand
Decided on: Jul-30-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.S. No. 1422 of 2009 Siya Ram Sharma, Ex-Head Constable/ G.D. No. 723190082, CISF. ..Petitioner Versus The Union of India & Ors. .Respondents ----- Coram:HONBLE MR. JUSTICE NARENDRA NATH TIWARI For the Petitioner : Mr. Dr. S.K. Verma, Advocate For the Respondents : Mr. Faizur Rahman, Advocate --- I.A. No. 5092 o08. 30-07-2013 In this I.A., the petitioner has prayed for fixing an early date of hearing of W.P.S. No. 1422 of 2009. It has been submitted that petitioner is a retired person and is senior citizen and he has filed this writ petition for a direction to release his retiral dues. The matter is pending since 2009. The petitioner is facing severe hardship. Learned counsel for the respondents has no objection in fixing an early date of hearing of the writ petition. Considering the grounds mentioned in the application, this I.A. is allowed. Office is directed to list W.P.S. No. 1422 of 2009 under the heading "For Admission" on 24th Septembe...
Advocate Association Vs. State of Jharkhand and ors
Court: Jharkhand
Decided on: Jul-30-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No. 2211 of 2010 with I.A. No.5297 of 2013 Advocate Association ...... Petitioner Vrs. The State of Jharkhand and others ...... Respondents ------ CORAM: HONBLE THE CHIEF JUSTICE HONBLE MRS. JUSTICE JAYA ROY ------ For the Petitioner : Mr. Anil Kumar Sinha, Sr. Adv. Mr. H.K. Shikarwah, Adv. For the Respondents: J.C. to A.G. Order No.55 Dated 30th July, 2013. One application being I.A. No. 5297 of 2013 has been filed by Advocates' Association Lawyer's Chamber Building Committee through its elected Secretary. Learned Senior Counsel, Mr. Anil Kumar Sinha, submitted that a new High Court building is going to be constructed with 500 chambers for advocates. However, what is heard by the advocates, it appears that in the new High Court building, 500 advocates' chamber are to be allotted to the advocates practicing in the High Court . According to the applicant, in the present High Court building, 116 chambers for advocates have been construct...
Jhantu Das Vs. the State of Jharkhand and anr
Court: Jharkhand
Decided on: Jul-30-2013
INTHEHIGHCOURTOFJHARKHANDATRANCHI A.B.A.No.2053of2013 JhantuDas Petitioner Versus 1.TheStateofJharkhand 2.PrithaDas OppositeParties CORAM: HONBLEMR.JUSTICED.N.UPADHYAY ForthePetitioner :Mr.MahavirPd.Sinha,Advocate FortheInformant :Mr.S.K.Laik,Advocate FortheState :A.P .P. 04/30.07.2013 Heardlearnedcounselfortheparties. It reveals that petitioner has been prosecuted for causing torture and treatingtheinformantwithcrueltyforwantofmoredowry. Itisallegedthat StriDhanoftheinformanthasalsobeendetainedbytheaccusedandshehas beendrivenoutfromthehouse. Itissubmittedthatthepartieshavesettledtheirdisputeinviewofthe deedofagreementarrivedatbetweenthem. Learned counsel appearing for the informant does not dispute the situation. Sincethematterhasbeensettledbetweenthepartiesandthepetitioner undertakes to abide by the terms and conditions mentioned in the deed of agreementarrivedatbetweentheparties,heisdirectedtosurrenderbeforethe Courtbelowwithinaperiodofthreeweeksfromtodayandonsuchsurrender he is dir...
Rajendra Singh Vs. State of Jharkhand and ors
Court: Jharkhand
Decided on: Jul-30-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.S. No. 1631 of 2010 Rajendra Singh ..Petitioner Versus The State of Jharkhand & Ors. .Respondents ----- Coram:HONBLE MR. JUSTICE NARENDRA NATH TIWARI For the Petitioner : Mr. K.P. Mitra, Advocate For the Respondents : J.C. to G.P. II --- I.A. No. 5141 o10. 30-07-2013 In this I.A., the petitioner has prayed for fixing an early date of hearing of W.P.S. No. 1631 of 2010. It has been submitted that petitioner is a senior citizen aged about more than 85 years. The matter is regarding fixation of his pension. The petitioner has been facing hardship. The matter requires urgent hearing. Learned J.C. to G.P. II has no objection in fixing an early date of hearing of the writ petition. Considering the grounds mentioned in the application, this I.A. is allowed. Office is directed to list W.P.S. No. 1631 of 2010 under the heading "For Admission" on 24th September, 2013. ( Narendra Nath Tiwari, J) Rakesh/...
Kedar Mahato Vs. Labour
Court: Jharkhand
Decided on: Jul-30-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (L) No. 1704 of 2013 --- Kedar Mahato --- --- ---- Petitioner Versus The Union of India through the Secretary, Ministry of Labour & others --- --- --- Respondents --- CORAM: The Honble Mr. Justice Aparesh Kumar Singh For the Petitioner: Mr. M.K. Laik, Sr. Advocate For the Respondents: Mr. Ananda Sen & Mr. A.K. Verma, Advocates --- 06/ 30.07.2013 Heard counsel for the parties.2. The prayer made in the writ application is to direct the Central Government Industrial Tribunal No. II, Dhanbad to decide the reference referred to it by the Central Government vide Notification dated 22nd November 2012 (Annexure-2) in the following terms: Whether the action of the management of Bhowra (N) U.G. Mines of M/s BCCL in dismissing Sri Kedar Mahato from the services of the company w.e.f 8/9.12.1994 is legal and justified? To what relief is the workman concerned entitled? 3. From perusal of the notification and upon hearing the counsel for the parties, it a...
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