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Jharkhand Court August 2013 Judgments

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Aug 27 2013

Donar Purty Vs. State of Jharkhand

Court: Jharkhand

Decided on: Aug-27-2013

IN THE HIGH COURT OF JHARKHAND, RANCHI I.A. No. 6083 of 2013 In Cr. Appeal (DB)No. 1402 of 2005 Donar Purty ....... Appellant Versus The State of Jharkhand ....... Respondent ............. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR ....... For the Appellant : Mr. R.P. Gupta, Advocate For the State : A.P.P ............ 03/Dated:27. h August, 2013 Per D.N. Patel. A.C.J: I.A. No. 6083 o1. This application has been preferred under Section 389 of the Code of Criminal Procedure for suspension of sentence awarded to this applicant (original appellant). This applicant has been punished by the Additional Sessions Judge, Fast Track Court-V, West Singhbum at Chaibasa in Sessions Trial no. 119 of 2004 for life imprisonment for causing murder of the deceased.2. Record and proceedings of Sessions Trial No. 119 of 2004 has been received by this Court and we have perused the same.3. Having heard the counsels for both the sides at length and looking to the evidence...


Aug 27 2013

Smt Astha Sinha Vs. Prasad Gourav

Court: Jharkhand

Decided on: Aug-27-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI Tr.Petition(Civil)No.32of2012 Smt.AsthaSinha Petitioner Versus PrasadGourav Opp.Party CORAM: HONBLEMR.JUSTICED.N.UPADHYAY ForthePetitioner :Mr.ArunKumar,Advocate FortheOpp.Party :Mr.VikashKumar,Advocate 05/27.08.2013 Attherequestoflearnedcounselappearingfortheoppositeparty,list thiscaseafteroneweekenablinghimtofilecounteraffidavit,ifany. Theinterimorderdated08.10.2012shallcontinuetillthenextlisting. (D.N.Upadhyay,J.) NKC...


Aug 27 2013

Jai Prakash Mahto Vs. Vidhan Lakhiyar

Court: Jharkhand

Decided on: Aug-27-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI FA No. 23 of 2013 Jai Prakash Mahto .... Appellant Versus Vidhan Lakhiyar ... Respondent Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner /appellant(s): Mr. A.K. Das For the opposite party /respondent(s) : Mr. Rahul Gupta IA No2013. 27.08.2013 IA No2013. has been filed on behalf of the petitioner/appellant under section 5 of the Limitation Act to condone the delay of 322 days in presenting the appeal against the judgment dated 16.1.2012 and decree dated 3.2.2012 passed in Title Suit No. 220 of 2010. It is submitted that the appellant /defendant appeared in the suit in the court below and also filed written statement. He was not informed by his counsel for adducing evidence in time. He was under impression that the counsel would appear on his behalf and take steps. After passing of the decree, the petitioner/appellant could learn about the same in the month of March, 2013, and thereafter he made efforts to find out the situation and the...


Aug 27 2013

Mangura Pareya Alias Mangru Pareya Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-27-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.5643 of 2013 Mangura Pareya @ Mangru Pareya ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioner : Mr. Pravin Kumar For the State : A. P.P. ----- 5/27.8.2013 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused for the offence under Sections 302/34 of the Indian Penal Code, in connection with Jhinkpani P.S. Case No.7 of 2010, corresponding to G.R. No.110 of 2010. From the FIR, it appears that there is omnibus allegation against five named accused persons, who had assaulted the husband of the informant, who had died at the spot. There is no specific allegation against the petitioner, even though the informant is the eyewitness to the occurrence. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Mangura Pareya @ Mangru Pareya is directed to be rele...


Aug 27 2013

Oliva Tigga Vs. Education

Court: Jharkhand

Decided on: Aug-27-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI W.P.(S)No.4188of2012 OlivaTigga ....Petitioner Versus TheStateofJharkhand&others...Respondents CORAM:HONBLEMR.JUSTICEAPARESHKUMARSINGH ForthePetitioner :Mr.SunilKumar,Adv. FortheRespondents :Mr.SumirPrasad,S.C.I 05/27.08.2013 Heardlearnedcounselfortheparties. ThepetitionerissaidtohavebeenappointedasAssistantTeacheron 15thApril,1988andherservicesweresubsequentlyconfirmed.Shehasbeen postedatGovernmentMiddleSchool,Tangardih,Dumri,Gumlasincetheyear 2002. Shedevelopedeyesightproblemintheyear2006andproceededfor treatmentaftermakinganapplicationasperthecounselforthepetitioner. Shehasbeenunabletovisitschoolortodischargeherdutyasperherown representationsubmittedfromtimetotimevideAnnexure3Series. Insuch circumstances, the petitioner has moved this court for directing the respondents topay arrear ofher due salary along with other consequential benefit pending since 2006. She has also sought direction upon the respondentstoallowhertodosuitableworkinthesaidschoolso...


Aug 27 2013

Rashmi Gupta Vs. Dr Amit Kumar Gupta

Court: Jharkhand

Decided on: Aug-27-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI Tr.Petition(Civil)No.23of2012 RashmiGupta Petitioner Versus Dr.AmitKumarGupta Opp.Party CORAM: HONBLEMR.JUSTICED.N.UPADHYAY ForthePetitioner :Mr.A.K.Kashyap,Advocate FortheOpp.Party :Mr.ShekharSinha,Advocate 04/27.08.2013 Thistransferpetitionhasbeenfiledu/s24oftheCivilProcedureCode for transferring Matrimonial Title Suit No.203 of 2011 from the Court of learnedPrincipalJudge,FamilyCourtRanchitotheCourtoflearnedPrincipal Judge,FamilyCourt,Jamshedpur. Itispointedoutbylearnedcounselappearingfortheoppositepartythat inthissuitjudgmenthasalreadybeenpassedon28.01.2013andaccordingly, decreehasalsobeenprepared.Inthisviewofthematter,thistransferpetition hasbecomeinfructuous. Accordingly,thistransferpetitionstandsdismissedasinfructuous. (D.N.Upadhyay,J.) NKC...


Aug 27 2013

National Domestic Workers Welf Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Aug-27-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI W.P .(PIL)No.2810of2012 NationalDomesticWorkersWelfareTrust,through itsStateCoordinator,Ranchi ... ... Petitioner Versus TheStateofJharkhandthroughits ChiefSecretary,Ranchi&Ors. ... ... Respondents CORAM :HONEBLETHEACTINGCHIEFJUSTICE :HON'BLEMR.JUSTICESHREECHANDRASHEKHAR ForthePetitioner :Mr.AnupKumarAgrawal,Advocate FortheState :Mr.AbhijeetKumarSingh,J.C.toAAG th 08/Dated:27 August,2013 PerD.N.Patel,A.C.J.1. Counsel appearing for the State is seeking time to file counteraffidavit.2. ItappearsthattheconcernedofficeroftheState,whohastofile anaffidavit,isabsolutelyalethargicofficer.Totallycallousandcasual istheapproachoftheStateofficer.Thistypeofindifferentapproach ofthehighrankingofficeroftheStateisdeprecatedbythisCourt.3. Initially,on2nd July,2013,aDivisionBenchofthisCourthad grantedthreeweeks'timetofileanaffidavit.Thememoofthiswrit petition was received by the office of the Advocate General of the StateofJharkhandon11thMay,2012.Thus,afteroneyearandtwo...


Aug 27 2013

Nagina Chamar and ors Vs. Ms Central Coalfield Limited Through Its Cha ...

Court: Jharkhand

Decided on: Aug-27-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 521 of 2013 Nagina Chamar & others .... Petitioners Versus M/s Central Coalfield Limited & others ..... Respondents ---------- CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioners : Mr.Nand Kishore Prasad Sinha For the Respondents : Mr. Amit Kumar Sinha I.A. No. 6186 o05. 27.08.2013 By way of instant interlocutory application petitioners pray for early hearing of the case. The grievance of the petitioners is in relation to regularization of service in more than one grade. The matter is yet to be taken under the fresh filing. Therefore, no ground for early hearing is made out at this stage. I.A. No. 6186 of 2013 stands disposed of. W.P.(S). No. 521 of 2013 Let the writ application appear under the appropriate heading of fresh filing if not already listed . (Aparesh Kumar Singh, J.) A. Mohanty...


Aug 27 2013

Raj Kumar Singh and anr Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Aug-27-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.C. No. 2764 of 2012 Raj Kumar Singh & Anr. ..Petitioners Versus The State of Jharkhand & Ors. .Respondents ----- Coram:HONBLE MR. JUSTICE NARENDRA NATH TIWARI For the Petitioner : Mr. Arbind Kumar Sinha, Advocate For the Respondents : J.C. to S.C. 1 ----- 08/27.08.2013 Two weeks' time, as prayed for, is allowed for taking fresh steps for service of notice on respondent no. 4, by Registered post with A/d on his present and correct address, failing which this writ petition, as against the concerned respondent, shall stand rejected without further reference to a Bench. Petitioner may use returned copy. Put up this case on 17th October, 2013. Interim order dated 17.05.2012 shall continue till the next date. ( Narendra Nath Tiwari, J) Rakesh/...


Aug 27 2013

Biknu Munda Alias Vishnu Munda Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-27-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 5868 of 2013 Biknu Munda @ Vishnu Munda ... Petitioner Versus The State of Jharkhand ... Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr.Mohit Prakash, Advocate. For the State : A.P.P. ------ 5/ 27.08.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused in connection with Lapung P.S. Case No. 27 of 2011 corresponding to G.R. No. 2752 of 2011 for the offence under Sections 147, 148, 149, 364, 302 of the Indian Penal Code and Section 17 of the CLA Act. From the FIR, it appears that the case relates to murder of one Jitu Oraon and the informant and other persons were also abducted by the culprits belonging to the extremists group. Subsequently, the police reached the place and the culprits managed to flee away. Dead body of the deceased was found. The case was instituted against unknown extremists. The impugned order shows ...


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