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Jharkhand Court July 2013 Judgments

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Jul 26 2013

Ms K G Sales Corporation Vs. Abhay Tele Engg Private Limited

Court: Jharkhand

Decided on: Jul-26-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI CompanyPetitionNo.5of2012 M/sK.G.SalesCorporation,Ranchi . Petitioner Versus AbhayTeleEngg.PrivateLimited,Ranchi .... Respondent CORAM: HONBLEMR.JUSTICED.N.PATEL ForthePetitioner :Mr.RahulSaboo,Advocate 05/Dated:26 th July,2013 1. InpursuanceofthenoticeissuedbythisCourtdated21st June,2013, suchnoticehasbeenservedupontherespondenton11 thJuly,2013,asperthe reportfiledbytheRegistryofthisCourt.Tilltoday,nobodyappearsonbehalf oftherespondentthoughnoticeisserved.2. Hencewithaviewtogiveonemorechancetotherespondent,thematter isadjournedtobelistedon23rdAugust,2013. (D.N.Patel,J.) Ajay...


Jul 26 2013

Shailendra Kumar Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Jul-26-2013

In the High Court of Jharkhand at Ranchi Cr.Rev. No.443 of 2013 Shailendra Kumar ........................... Petitioner VERSUS State of Jharkhand .....................Opposite Party CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioner:Mr. Rajesh Kumar For the State : Mr.Shailesh 6/ 26.07.13. I.A.No.5163 of 2013 Heard learned counsel appearing for the petitioner and learned counsel appearing for the Vigilance on the interlocutory application bearing no.5163 of 2013. Learned counsel appearing for the petitioner submits that earlier this application had been filed for quashing of the order wherein prayer for discharge has been rejected but while the matter was pending before this Court, even the charges have been framed and therefore, that order by which charges have been framed has been challenged by way of interlocutory application and therefore, prayer made in the interlocutory application be allowed to be incorporated in the main application. The prayer made in the interlocutory ap...


Jul 26 2013

Laljee Jaiswal Vs. the Stateof Jharkhand Through Deputy Commissioner a ...

Court: Jharkhand

Decided on: Jul-26-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.C. No. 2928 of 2013 --- Laljee Jaiswal ..... Petitioner Versus The State of Jharkhand and Anr. ...... Respondents --- CORAM: HONBLE MR. JUSTICE P.P. BHATT For the Petitioner : M/s. Ashish Verma, Alpana Verma, Adv. For the respondent No. 2 : Mr. Ashish Jha, Adv. - -- Order No.04 Dated 26th July, 2013. The petitioner, by way of filing the present writ petition under Article 227 of the Constitution of India, has prayed for quashing and setting aside the order dated 25.4.2013 passed by Principal District Judge, Dumka in Title Eviction Appeal No. 05/2012 whereby, a direction has been given to the learned court of Civil Judge (Sr. Division) III Dumka to stay the Tile Execution Case No. 14/2012 till disposal of the said Title Eviction Appeal No. 5/2012. Heard the learned counsel for the parties and perused the impugned order as well as other materials placed on record. Having regard to the facts and circumstances of the case, the Title Execution Ca...


Jul 26 2013

M/S Mcnally Engg.Co.Ltd. Through Its Company Secre Vs. State of Jharkh ...

Court: Jharkhand

Decided on: Jul-26-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.)No. 240 of 2010. ----- M/s. Mcnally Bharat Engg. Co. Ltd., Kolkata Petitioner. Versus 1. The State of Jharkhand 2. Aman Toppo Respondents. ..... Coram : The Hon'ble Mr. Justice Prashant Kumar. ----- For the Petitioner : Sri Indrajit Sinha For the Respondents: Md. Mokhtar Khan, ASGI ----- 07/26.07.2013. This application has been filed for quashing the entire criminal proceeding against the petitioner in connection with C.L.A. case no.01 of 2009 including the order dated 07.01.2009 passed by learned Additional Chief Judicial Magistrate, Bermo at Tenughat. The fact of the case, in brief, is that petitioner Mcnally Bharat Engg. Co. Ltd. engaged by the BHEL for erection and commissioning services for D.V.C. Chandrapura Thermal Power Station Units 7&8. It is further alleged that while executing the aforesaid contract work, petitioner-company engaged some labours. It is further alleged that the petitioner-company is not maintaining the Registe...


Jul 26 2013

St Xaviers School Through Its Principal Father Ajit Kumar Xess Vs. Lab ...

Court: Jharkhand

Decided on: Jul-26-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI W.P.(L)No.7808of2012 With W.P.(L)No.7865of2012 St.Xavier'sSchool Petitioner(W.P.(L)No.7808of2012) St.Xavier'sSchool Petitioner(W.P.(L)No.7865of2012) Versus TheStateofJharkhand&others.... Respondents CORAM:HONBLEMR.JUSTICEAPARESHKUMARSINGH ForthePetitioner :M/s.SatishBakshi TapashKabirajandNipunBakshi,Advs. (inbothcases) FortheRespondents :M/s.SumitGadodia,PremPujariRoy &AnuragKashyap,Advs. FortheState :Mr.BholaNathOjha,J.C.toS.C.III. 4/26.7.2013 Heardlearnedcounselfortheparties. Theissueraisedinthepresentcaseiswhetherin calculationof wagesintermsofSections2(s)and4(2)ofthePaymentofGratuityAct,1972, thecomponentofgradepayshouldbeincludedornot? The impugned orders challenged by the writ petitioners i.e. ManagementoftheSchoolhaveheldinfavouroftheprivaterespondentsby holdingthatgradepaywouldbeincludedinthemeaningofwagesunderSection 2(s)oftheActof1972. Challengeofthesamebythewritpetitionersprimarily isbased uponthreegrounds,interalia: (i) That the grade pay ...


Jul 26 2013

Prakash Prabhat ? Prakash Sao Vs. State of Jharkhand and anr

Court: Jharkhand

Decided on: Jul-26-2013

IN THE HIGH COURT OF JHARKHAND RANCHI A.B.A. No. 682 of 2012 Prakash Prabhat @ Prakash Sao.. ... ... Petitioner Versus The State of Jharkhand .and another.. ... Opp. Parties CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioner : Mr. Jai Shankar Tripathy For the O.P. No.-2 : Mr. A.N. Deo, ........ 11/26.07.2013 Put up this case on 30th of August 2013. On that day, both parties are directed to remain physically present in this Court. In the meantime, interim order passed on 12.03.2012 will continue. (Prashant Kumar, J.) Binit...


Jul 26 2013

Likhia Devi and ors Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Jul-26-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.C. No. 5893 of 2011 --- Likhia Devi and Ors. ..... Petitioners Versus The State of Jharkhand and Ors. ...... Respondents --- CORAM: HONBLE MR. JUSTICE P.P. BHATT For the Petitioners : M/s. R.P. Gupta, Sudha Gupta, Adv. For the respondent : J.C. to AAG. - -- Order No.04 Dated 26th July, 2013. The petitioners, by way of filing the present writ petition under Article 227 to the Constitution of India, have prayed for quashing and setting aside the order dated 3.9.2011 passed by learned Sub Judge-V, Hazaribagh in Title Suit No. 142/2008 whereby, the court below has rejected the petition filed on 2.9.11 for appointment of Pleader Commissioner.. Heard the learned counsel for the parties and perused the impugned order as well as other materials placed on record. From perusal of the reasons assigned by the learned court below, It appears that the court below after careful consideration of the facts and circumstances of the present case as well as doc...


Jul 26 2013

Ranendra Nath Mukherjee Vs. Om Prakash Bansal

Court: Jharkhand

Decided on: Jul-26-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.C. No. 5320 of 2012 --- Ranendra Nath Mukherjee. ..... Petitioner Versus Om Prakash Bansal ...... Respondent --- CORAM: HONBLE MR. JUSTICE P.P. BHATT For the Petitioner : Mr. Krishna Nand Sahay, Adv. For the respondent : - -- Order No.11 Dated 26th July, 2013. The learned counsel appearing for the petitioner seeks permission to withdraw this case as the same has become infructuous . Permission, as sought for, is granted. Accordingly, this writ petition stands dismissed as withdrawn. Anu /- (P.P. Bhatt, J.)...


Jul 26 2013

Zila Parishad Dukandar Sangh Through Its President Brajesh Kumar Dhar ...

Court: Jharkhand

Decided on: Jul-26-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 224 of 2013 with I.A. No.4274 of 2013 Zila Parishad Dukandar Sangh and others ...... Appellants Vrs. The State of Jharkhand and others ...... Respondents ------ CORAM: HONBLE THE CHIEF JUSTICE HONBLE MRS. JUSTICE JAYA ROY ------ For the Appellants : Mr. Manoj Tandon, Adv. For the Respondents: Mr. V.K. Prasad, Adv. Dated 26th July, 2013. Heard learned counsel for the parties on the application for condonation of delay being I.A. No. 4274 of 2013. In view of the reasons stated in the application, the delay in filing the appeal is condoned. I.A. No. 4274 of 2013 is allowed. Learned counsel for the appellants wants to withdraw this L.P.A. so as to prefer a review petition before learned Single Judge as learned counsel for the appellants' contention is that the petitioners never accepted the modification order dated 13.8.2007 which, according to learned counsel for the appellants, is dt. 23.8.2007 and they never accepted enhancement of the...


Jul 26 2013

Sita Ram Dangi Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Jul-26-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S). No.3748 of 2006 Sita Ram Dangi ... ... Petitioner Versus The State of Jharkhand& Ors. ... ...Respondents. --- CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR For the Petitioner :Mr. Manoj Tandon, Advocate For the Respondents : Mr. Abhay Kumar Mishra, S.C. III 04/26.07.2013 Learned counsel for the petitioner submits that he has instruction to withdraw this writ petition. Accordingly, the writ petition is dismissed as withdrawn. (Shree Chandrashekhar, J.) Satyarthi...


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