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Jharkhand Court August 2013 Judgments

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Aug 23 2013

Dhrub Bhagat Alias Dhruv Bhagat Vs. Central Bureau of Investigation Ra ...

Court: Jharkhand

Decided on: Aug-23-2013

IN THE HIGH COURT OF JHARKHAND, RANCHI Cr. Appeal (SJ) No. 441 of 2013 Dhurub Bhagat @ Dhruv Bhagat ..... Appellant(s) Versus C.B.I., Ranchi & Anr. . Respondent(s) CORAM: HONBLE MR. JUSTICE R. R. PRASAD For the Appellant(s) : M/s Jay Prakash Jha, Sr. Advocate. Shree Prakash Jha, Advocate. For the CBI : Md. Mokhtar Khan, ASGI ----- 05 /23.08.2013. Heard learned counsel appearing for the appellant and learned counsel appearing for the CBI. Learned counsel appearing for the appellant submits that the appellant having been found guilty for various offences under the Indian Penal Code and also under the Prevention of Corruption Act, was convicted for the offences punishable under Sections 120B, 409, 420, 467, 468, 471, 477A of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and was sentenced to undergo R.I. for five years for one of the offences under the I.P.C. besides lessor sentence for other offences on the allegations th...


Aug 23 2013

Binod Ram Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-23-2013

In the High Court of Jharkhand at Ranchi Cr.M.P.No.2777 of 2012 Binod Ram .....................................Petitioner VERSUS State of Jharkhand.and another ..........Opposite Parties CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioner :Mr.A.K.Kashsyap, Sr.Advocate For the C.B.I : Mr.M.Khan, Advocate 11 / 23.8.13. It was stated on behalf of the C.B.I that still Cr.M.P.No.1806 of 2011 has not been decided and therefore, the matter be posted after disposal of that case. In view of the submission, let this matter be listed on 13.9.2013. Till then, interim order passed on 10.5.2013 shall continue. (R.R.Prasad, J.) ND/...


Aug 23 2013

Bal Vidya Mandir Through Its Secretary Nemdhari Mahto Vs. Kalicharan P ...

Court: Jharkhand

Decided on: Aug-23-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 5013 of 2013 with I.A. No. 6190 of 2013 Bal Vidya Mandir through its Secretary, Nemdhari Mahto .........Petitioner Vs. Kalicharan Prasad ........Respondent CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR For the Petitioner: Mr. Sumeet Gadodia For the Respondents: Mr. 2/23.08.2013: In this writ application, petitioner has challenged the order dated 18.7.2013 passed by Civil Judge ( Junior Division), Hazaribagh in Execution Case No. 11 of 2011, whereby he attached the bank account of the petitioner and directed the banker to release the decreetal amount to the decree holder. It appears that the said execution case arose from a decree passed in Title Suit No. 42 of 1995. It is an admitted position that against the said decree, the petitioner has filed appeal before the learned District Judge, Hazaribagh vide Title Appeal No. 41 of 2011. Under the said circumstance, in my view, petitioner ought to have filed an application for stay of the decr...


Aug 23 2013

Ganesh Prasad Tiwary Vs. Sindhu Kanhu Murmu University

Court: Jharkhand

Decided on: Aug-23-2013

IN THE HIGH COURT OF JHARKHAND RANCHI W.P.(C) No. 543 of 2012 Ganesh Prasad Tiwary ... ... ... Petitioner Versus The Sindhu Kanhu Murmu University, Dumka through its Registrar and others ... ... ... Respondents CORAM: THE HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioner : Mr. S.S. Choudhary For the Respondents : Mr. P.K. Choudhary ...... I.A. No. 4942 o4. 23.08.2013 This I.A. has been filed for listing this case under the heading for Admission. In view of the averments made in this application, I.A. No. 4942 of 2013 is allowed. Office is directed to list this case under the heading for Admission in the 3rd week of September 2013. (Prashant Kumar, J.) Binit...


Aug 23 2013

Jaishree Jha Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Aug-23-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont Case ( Civil) No. 415 of 2013 Jaishree Jha ..Petitioner Versus The State of Jharkhand & Others .Opposite Parties ----- Coram:HONBLE MR. JUSTICE NARENDRA NATH TIWARI For the Petitioner : Mr. R Krishna, Advocate For the Opposite Parties : Mr. Rajesh Kumar, Advocate ---- 03/23-08-2013 When this case is taken up, learned counsel for the opposite parties submitted that against the order dated 21st February, 2013 passed in W.P.S. No. 2431 of 2012, they have preferred appeal before the Division Bench of this Court being L.P.A. No. 174 of 2013. There was delay in filing the appeal and the delay has been condoned and they shall be able to produce appropriate order for stay or otherwise, within two weeks. As prayed for, put up this case on 13th September, 2013. It is made clear that by that day either the opposite parties shall produce the order of stay or file compliance report. ( Narendra Nath Tiwari, J) Rakesh/...


Aug 23 2013

Sushil Minz Vs. the Central Bureau of Investigation Through Superinten ...

Court: Jharkhand

Decided on: Aug-23-2013

In the High Court of Jharkhand at Ranchi Cr.M.P.No.2237 of 2013 Sushil Minz ............................................Petitioner VERSUS Central Bureau of Investigation...........Opposite Party CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioner :Mr.Deepak Kumar Prasad For the C.B.I : Mr.M.Khan 2 / 23.8.13. Learned counsel appearing for the petitioner submits that when certificate relating to grant of Class-I contractor was granted by a committee on the basis of forged documents, a case was registered by the C.B.I. During investigation, the C.B.I did find that this petitioner who was dealing clerk placed the file to his superior for forwarding it before the concerned authority. The petitioner was made accused simply on account of the fact that he had placed the file to his superior which act of the petitioner could not fasten him with any criminal liability. However, Mr.Khan, learned counsel appearing for the C.B.I seeks time to seek instruction and to file counter affidavit with ...


Aug 23 2013

Puna Saw Vs. Damodar Valley Corporation and O

Court: Jharkhand

Decided on: Aug-23-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 5247 of 2011 Puna Saw .........Petitioner Vs. Damodar Valley Corporation and others........Respondents CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR For the Petitioner: Mr. Rajesh Kumar Mahtha For the Respondents: Mr. S. Choudhary Re: I.A. No. 6163 o6. 23.08.2013: I.A. No. 6163 of 2013 has been filed for fixing an early date of hearing of the case, under the heading for admission. In the facts and circumstances of the case, I.A. No. 6163 of 2013 is allowed. Let this case be listed for admission in the 3rd week of September, 2013 ( Prashant Kumar,J.) Sharda/-...


Aug 23 2013

Dinesh Singh Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-23-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.8058 of 2013 Dinesh Singh ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioner : Mr. P.K. Mukhopadhyay For the State : A. P.P. ----- 2/23.8.2013 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused for the offence under Sections 414 /34 of the Indian Penal Code, in connection with Govindpur P.S. Case No.213 of 2013, corresponding to G.R. No.2187 of 2013. The case relates to recovery of allegedly stolen coal from the depot of the petitioner. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Dinesh Singh is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Sri Daya Ram, learned Judicial Magistrate, Dhanbad, or his successor, in connection with G...


Aug 23 2013

Employers in Relation Manageme Vs. their Workmen

Court: Jharkhand

Decided on: Aug-23-2013

IN THE HIGH COURT OF JHARKHAND RANCHI W.P.(L) No. 2266 of 2007 Employers in relation to the management of Rajhara Colliery of M/s C.C.L. Palamau ... ... ... Petitioner Versus Their workman being represented by the President, Hind Mazdoor Kisan Panchayat at Tikbera, Palamau ... ... ... Respondent CORAM: THE HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioner : Mr. Anoop Kumar Mehta For the Respondent : M/s Ayush Aditya, Shashank Shekhar I.A. No. 2181 o8. 23.08.2013 This I.A. has been filed for directing the petitioner to pay wages to the concerned workmen on the basis of last pay drawn by them according to Section 17 (B) of the Industrial Dispute Act. In my view, as per Section 17 (B) of the Industrial Dispute Act, concerned workmen are entitled to get wages on the basis of last pay drawn by them. However, Sri A.K. Mehta submits that in this case, identity of workmen have not been established. Thus, management is not able to pay aforesaid amount. Terms of reference quoted ...


Aug 23 2013

Pradeep Kumar Kalbelia Vs. Union of India and ors

Court: Jharkhand

Decided on: Aug-23-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Tax Appeal No.28 of 2010 Pradeep Kumar Kalbella Appellant. -Versus- Union of India & Ors. .... Respondents. ------ CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI HONBLE MR. JUSTICE SHREE CHANDRASHEKHAR ------ For the Appellant : Ms. Ranjana Mukherjee, Advocate. For the Respondents : Mr. Deepak Roshan, Advocate ------ 08/23.08.2013: Learned counsel appearing on behalf of the appellant seeks permission to withdraw this appeal. The respondents have no objection. Permission is granted. This appeal is, accordingly, dismissed, as withdrawn. (Narendra Nath Tiwari, J.) (Shree Chandrashekhar, J.) Shamim/...


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