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Jharkhand Court July 2013 Judgments

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Jul 30 2013

Ms R D S Bricks Vs. Forest and Environment

Court: Jharkhand

Decided on: Jul-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 7657 of 2012 With W. P. (C) No. 7668 of 2012 With W. P. (C) No. 7721 of 2012 With W. P. (C) No. 7791 of 2012 With W. P. (C) No. 8049 of 2012 --- M/s. R.D.S. Bricks ...Petitioner (W. P. (C) No. 7657 of 2012) M/s. G.S. Enterprises ....Petitioner (W. P. (C) No. 7668 of 2012) Bipendra Singh ....Petitioner (W. P. (C) No. 7721 of 2012). Universal Stone Crusher ..Petitioner(W. P. (C) No. 7791 of 2012). Universal Stone Crusher... ...Petitioner (W. P. (C) No. 7668 of 2012). -Versus- The State of Jharkhand & Ors. .....Respondents. --- CORAM : HONBLE MR. JUSTICE APARESH KUMAR SINGH --- For the Petitioner : Mr. S.L.Agarwal, Adv. For the Respondents : Mr. Ajit Kumar,AAG -- I.A.No. 5232 of 2013 In W. P. (C) No. 7657 o04. 30.7.2013 In the main writ application the petitioner had approached with a grievance that the respondent no.3, Forester, Bhadudih, East Singhbhum, Jamshedpur, has issued a letter on 5th November, 2012, directing the petitioner ...


Jul 30 2013

Raju Hazari and ors Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Jul-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B.A. No. 1412 o1. Raju Hazari 2.Mukesh Hazari 3.Ranjeet Hazari 4.Bhola Hazari .........Petitioners Vs. The State of Jharkhand ........Opposite party CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR For the Petitioners: Mr.N.N.Pd. Choudhary For the State: Mr. R. Mukhopadhyay, S.C.-II 6/30.07.2013: As prayed by learned S.C.-II, put up this case after two weeks, In the meantime, petitioners shall not be arrested in connection with Sarath ( Chitra ) P.S. Case No. 05 of 2013 ( G.R. No. 25 of 2013) pending in the court of learned Judicial Magistrate, 1 st Class, Madhupur. ( Prashant Kumar,J.) Sharda/-...


Jul 30 2013

Jawahar Yadav and ors Vs. State of Jharkhand

Court: Jharkhand

Decided on: Jul-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI I.A. No. 2987 of 2013 in Cr. Appeal (DB) No. 575 of 2012 Jawahar Yadav & ors. ...... Appellants Versus The State of Jharkhand ...... Respondent -------- CORAM: HON'BLE MR. JUSTICE D. N. PATEL HON'BLE MR. JUSTICE PRASHANT KUMAR -------- For the appellant: Mr. K.P. Deo, Advocate For the State: A.P.P. -------- th Order No. 06: Dated 30 July, 2013 Per D.N.Patel, J.1. The present interlocutory application has been preferred by the applicant (original accused no. 7 in Sessions Trial No. 70 of 1998). This applicant is claiming that he was juvenile as on the date of occurrence under the Juvenile Justice (Care & Protection of Children) Act, 2000.2. Learned A.P.P. appearing on behalf of the State seeks time to file reply.3. In view of the aforesaid limited submission, the matter is adjourned to be listed on 29th August, 2013, with a view to file affidavit by the Superintendent of Police, Godda. ( D.N. Patel, J.) ( Prashant Kumar, J.) A.K.Verma/...


Jul 30 2013

Sanjay Kumar Barnwal Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Jul-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI I.A. No. 3402 of 2013 in Criminal Appeal (DB) No. 324 of 2013 Sanjay Kumar Barnwal Appellant Versus The State of Jharkhand & Ors. Respondent --------- CORAM: HONBLE MR. JUSTICE D.N. PATEL HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR --------- For the Appellant : Mr. Mukesh Kumar, Advocate For the State : A.P.P. --------- th 05/Dated:30. July, 2013 Per D.N. Patel, J.: I.A. No. 3402 o1. This interlocutory application has been preferred under Section 5 of the Limitation Act for condonation of delay of 11 days in filing this criminal appeal.2. Having heard learned counsel for both the sides and looking to the reasons stated in this interlocutory application especially paragraph no.-7, it appears that there are reasonable reasons for condonation of delay of 11 days. Hence, we hereby condone the delay in preferring this criminal appeal. Accordingly, I.A. No. 3402 of 2013 stands allowed and disposed of. Criminal Appeal (DB) No. 324 of 2013 Registry is dire...


Jul 30 2013

Bimla Devi Vs. Bccl

Court: Jharkhand

Decided on: Jul-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.5557 of 2012 with I.A. No.5267 of 2013 Bimla Devi .......... Petitioner Versus M/s Bharat Coking Coal Ltd., Dhanbad & Ors. ........ Respondents ------ CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI ------ For the petitioner : Mr. Ashim Kr. Sahani, Advocate For the Respondents : Mr. Indrajit Sinha, Advocate ------ 5/30.07.2013: The petitioner has filed interlocutory application praying for fixing an early date of hearing and disposal of W.P.(S) No.5557/2012. It has been submitted that the petitioner is a widow and the writ petition is regarding payment of compensation and employment of the petitioner's son, who is entitled to get employment under the policy decision of the respondents. It has been stated that the petitioner's land was acquired by the respondents for the purpose of coal excavation. Under the Land Losers Scheme, the petitioner is entitled to get compensation and a member of the family is to be given employment. The land...


Jul 30 2013

Bhagirathi Prasad Dey Vs. Human Resource Development

Court: Jharkhand

Decided on: Jul-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2005 of 2013 With I. A. No. 4107 of 2013 Bhagirathi Prasad Dey .. Petitioner Versus The State of Jharkhand & Others .. Respondents ----- CORAM: HONBLE MR. JUSTICE NARENDRA NATH TIWARI ----- For the Petitioner - Mrs. Shubha Jha For the Respondents - Mr. J.C to G.P-III ----- 4/30.7.2013 In I. A. No. 4107 of 2013, the petitioner has prayed for disposal of W.P.(S) No. 2005 of 2013 in terms of the order dated 15.9.2011 passed in W.P.(S) No. 5658 of 2009 [Om Prakash Gope Vs. State of Jharkhand & Ors.]. It has been submitted that the facts and the issue in the instant case are almost similar to the case of Om Prakash Gope (supra) and the same may be disposed of in terms of the order passed in the said case. Learned J.C. to G.P-III, appearing on behalf of the respondents, has accepted the said position and submitted that the writ petition can be disposed of in terms of the order passed in Om Prakash Gope (supra). In the writ petition, the pe...


Jul 29 2013

Hari Kishore Yadav Vs. State of Jharkhand

Court: Jharkhand

Decided on: Jul-29-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 775 of 2013 Hari Kishore Yadav Petitioner -V e r s u s- The State of Jharkhand ... Opposite Party CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR. For the Petitioner : - Mr. Nagmani Tiwari, Advocate For the State : - Mr. Pranay Kr. Sinha, A.P.P. 07/29.07.2013 Anticipatory bail application filed by Hari Kishore Yadav , is moved by Sri Nagmani Tiwari, learned counsel for the petitioner and opposed by Sri Pranay Kr. Sinha, learned Additional P.P. for the State. In the first information report, only allegation against the petitioner is that he demanded extortion money and threatened to cause injury to the informant through firearm. There is nothing in the first information report to show that the extortion money paid to the petitioner. Petitioner has no criminal antecedent. Considering the aforesaid facts and circumstances, I allow the anticipatory bail application and direct petitioner to surrender in the court below on or before 12.08.2013 and...


Jul 29 2013

Nawal Kishore Roy and ors Vs. Ms Steel Authority of India Ltd Through ...

Court: Jharkhand

Decided on: Jul-29-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.3533 of 2013 with I.A. no.4952 of 2013 Nawal Kishore Roy & Ors. . Petitioners Versus M/s. SAIL & Ors. ...Respondents Coram : The Honble Mr. Justice Narendra Nath Tiwari For the Petitioners : Mr. Ajit Kumar, Advocate For the Respondents : Mr. Rajiv Ranjan, Advocate ----- 2/29.07.2013 In I.A. no.4952 of 2013, the petitioners have prayed for disposal of W.P.(S) no.3533 of 2013. It has been submitted that in the writ petition, the only prayer of the petitioners is for a direction on the respondents to consider and grant them the benefits of seniority from the date of their initial joining, increment and earned leave for the period between 1993 to 2002 and to pay consequential monetary benefits as well as difference of pay in terms of the judgment dated 02.07.2002 passed in L.P.A. no.528 of 2001. It has been submitted that the petitioners are entitled for the said benefits on the basis of the judgment passed in L.P.A. no.528 of 2001, but i...


Jul 29 2013

Upendra Singh Vs. Union of India and ors

Court: Jharkhand

Decided on: Jul-29-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.C. No.3708 of 2013 Upendra Singh .... Petitioner Versus Union of India & others ..... Respondents ---------- CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. Ananda Sen For the Respondents : Mahesh Tewari 03/29.07.2013 Heard learned counsel for the parties. Under the provision of clause 18.1. of the Agreement No. Comm 1.1/SLR Leasing/58103-FSFC/11/04 dated 20.7.2012 which was subsisting till 20.7.2013 and has expired by now, a provision was made for extension of lease contract in case of expiry of contract period and non-finalization of new contract due to administrative delays whereunder temporary extension can be permitted by the Chief Commercial Manager only once, for a period of 3 months. According to the petitioner no decision has been taken on that although he has made an application before Senior Divisional Commercial Manager, South Eastern Railway, Chakradharpur vide Annexure-2. Learned counsel for the responden...


Jul 29 2013

Mahendra Bhuiyan Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Jul-29-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 4436 of 2013 ------- Mahendra Bhuiyan . Petitioner -Versus- The State of Jharkhand ..... Opposite Party ------- CORAM : HONBLE MR. JUSTICE H.C.MISHRA ------- For the Petitioner : : M/s. Rajesh Kr. Singh For the State : : Mr. A.P.P. ------- 4/ 29.07.2013. Heard learned counsel for the petitioner and the learned counsel for the State. The petitioner has been made accused in connection with Pratappur P.S. Case No.49 of 2012, corresponding to G.R No.626 of 2012, for the offence under Section 364A of the Indian Penal Code. The case relates to abduction for ransom and the victim was released after getting part of the ransom. The F.I.R. was instituted on the basis of the written application given by the victim himself wherein the petitioner is not named. Learned counsel has submitted that in the similar circumstance, other co-accused has been granted bail by order dated 17.7.2013 in B.A. No. 4528 of 2013. The said order shows that the petitione...


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