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Jharkhand Court August 2013 Judgments

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Aug 23 2013

Smt. Tara Devi Vs. Satpaul Singh and ors

Court: Jharkhand

Decided on: Aug-23-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI M.A.No.293of2008 Smt.TaraDevi Appellant Versus TheOrientalInsuranceCompanyLtd.&Another Respondents CORAM: HONBLEMR.JUSTICED.N.UPADHYAY FortheAppellant :None FortheR2 :Mr.A.KumarMishra,Advocate 11/23.08.2013 Thecounselfortheappellantisabsent. I.A.No.2685of2008hasbeenfiledtocondonethedelayof134daysin filingthisappeal. ThecounselforR2seekstimetofilereply. TheappealhasbeendismissedagainstR1. ThecounselforR3isalsoabsent. Listthiscaseaftertwoweeks. (D.N.Upadhyay,J.) NKC...


Aug 23 2013

Karma Nath Jha Vs. Agriculture and Sugar Cane Development

Court: Jharkhand

Decided on: Aug-23-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI WP(S)Nos.4118,4128&4305of2013 KarmaNathJha ... PetitionerinWP(S)4118/2013 DashrathPrasad ... PetitionerinWP(S)4128/2013 BashistaNarayanChoudhary PetitionerinWP(S)4305/2013 Versus TheStateofJharkhandandors. ... Respondentsinallcases. CORAM: HONBLEMR.JUSTICEAPARESHKUMARSINGH ForthePetitioners :Mr.RishiPallawa FortheRespondents :M/s. Jai Prakash, Sr. Advocate, Chaitail Sinha, J.C. to A.A.G & Anshuman Kumar,J.C.toSr.S.C.I. 523.8.2013 Heardcounselfortheparties. Thepetitioners,inthesethreewritpetitions,areaggrievedby theofficeorderdated28.6.2013ascontainedinmemono.781issued by the Director, Department of Soil Conservation, Government of Jharkhand,Ranchi,whereundertheirserviceshavebeenhandedover totheDirectorateofAgriculture. TheparentcadreofthesepetitionersisadmittedlyDirectorate ofAgricultureandnotDirectorateoftheSoilConservation,whichis notindispute.TheservicesofthepetitionersinW.P.(S)No.4118of 2013 were handed over by the Directorate of Agriculture to the...


Aug 23 2013

Suraj Charan Mishra Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-23-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.8053 of 2013 Suraj Charan Mishra ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioner : Mr. Awanish Shekhar 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 of the Indian Penal Code and 25(1-B)(a)/26/35 of Arms Act, in connection with Deoghar P.S. Case No.62 of 2013, corresponding to G.R. No.198 of 2013. From the FIR, it appears that the petitioner was apprehended on 14.2.2013 along with a motorcycle and from his possession, one loaded country made pistol was recovered. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Suraj Charan Mishra is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount ...


Aug 23 2013

Chandan Kumar Vs. the State of Jharkhand Through Department of Excise ...

Court: Jharkhand

Decided on: Aug-23-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.8073 of 2013 Chandan Kumar ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioner : Mr. Rakesh Kumar Sinha 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 47(a) of the Excise Act, in connection with G.O. Case No.123 of 2012. From the FIR, it appears that the case relates to recovery of foreign and country liquor from the house of the petitioner. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Chandan Kumar 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 learned Sub-Divisional Judicial Magistrate, Seraikella, in connection with G.O. Case No.123 of 2012. (H. C. Mi...


Aug 23 2013

Mithun Yadav ? Gangadhar Yadav Vs. State of Jharkhand

Court: Jharkhand

Decided on: Aug-23-2013

In the High Court of Jharkhand at Ranchi Cr.App. (S.J) No.246 of 2011 Mithun Yadav @ Gangadhar Yadav.............Appellant VERSUS State of Jharkhand ........................... .......Respondent CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Appellant :M/s.S.P.Roy and R. Kumar For the State :A.P.P 1./ 23.8.13. I.A.no.5970 of 2013 Heard learned counsel appearing for the appellant and learned counsel appearing for the State on the interlocutory application bearing no.5970 of 2013 wherein prayer has been made for grant of bail to the appellant. Learned counsel appearing for the appellant submits that earlier the prayer for bail of this appellant was rejected on 10.5.2013 but while rejecting the prayer for bail, liberty was granted to the appellant to renew the prayer for bail after serving half of the sentence of the sentence imposed and that since the appellant has already served sentence for more than five years as against the maximum sentence of ten years for an offence under Section 304...


Aug 23 2013

Abhishek Kumar Alias Abhishek Kumar Singh Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-23-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.8056 of 2013 Abhishek Kumar @ Abhishek Kumar Singh ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioner : Mr. Milan Kumar 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 379 and 411 of the Indian Penal Code, in connection with Sector IV, P.S. Case No.132 of 2012, corresponding to G.R. No.1487 of 2012. The case relates to theft of an Indica car. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Abhishek Kumar @ Abhishek Kumar 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 P. K. Sharma, learned Judicial Magistrate, 1st Class, Bokaro, or his successor, i...


Aug 23 2013

Chandan Shree Prakash and ors Vs. Harmit Singh and ors

Court: Jharkhand

Decided on: Aug-23-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI M.A.No.330of2008 ChandanShreePrakash&Others Appellants Versus HarmitSingh&Others Respondents CORAM: HONBLEMR.JUSTICED.N.UPADHYAY FortheAppellants :Mr.ManojKumar,Advocate I.A.No.2760of2009 15/23.08.2013 I.A.No.2760of2009hasbeenfiledonbehalfofappellanttocondonethe delay of 189 days in filing present appeal against the judgment and award dated11thJanuary,2008passedbylearned4thAdditionalDistrictJudgecum F.T.C.,DumkainconnectionwithTitleClaimSuitNo.33of2003/06of2003. Noticeshavebeenservedontherespondentsbuttheyarenotappearing. TheappealhasalsostooddismissedagainstR2. OnbeingsatisfiedwiththegroundstakeninI.A.No.2760of2009,the delayof189daysinfilingtheappealisherebycondoned. I.A.No.2760of2009standsallowed. M.A.No.330of2008 Thisappealisadmitted. CallforlowerCourtrecords. Theappellantsaredirectedtotakestepswithin10daysforserviceof noticethroughregisteredcoverwithA.D.aswellasthroughordinaryprocess. Noticesaremadereturnablewithinfourweeks. (D.N.Upadhyay,J.) NKC...


Aug 23 2013

Vikash Chandra Jha Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-23-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI Cr.M.P.No.2088of2013 VikashChandraJha Petitioner Versus TheStateofJharkhand OppositeParty CORAM: HONBLEMR.JUSTICED.N.UPADHYAY ForthePetitioner :Mr.RajanRaj,Advocate FortheState :A.P .P. 02/23.08.2013 ThisCr.M.P .hasbeenfiledtomodifytheorderdated12.07.2013passed inB.A.No.4417of2013andalsoforgrantingprovisionalbailforonemonthto thepetitioner. Itissubmittedthatafterbeingreleasedonbailpetitionerwillarrangethe moneyanddepositthesame. ItappearsthatpetitionerhadvoluntarilysubmittedbeforethisCourtthat heisreadytodeposithalfofthelossamounti.e.Rs.6,25,000/andinviewof that aspect he was granted bail by this Court vide order dated 12.07.2013, passedinB.A.No.4417of2013.Nowpetitionerhascomewithanotherplea thatafterbeingreleasedonbailhewouldarrangethemoney.Iamnotsatisfied withtheprayer.Accordingly,thisCr.M.P.standsrejected. (D.N.Upadhyay,J.) NKC...


Aug 23 2013

Mahendra Ravidas Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-23-2013

In the High Court of Jharkhand at Ranchi B.A.No.6010 of 2013 Mahendra Ravidas .......................Petitioner VERSUS State of Jharkhand..........................Opposite Party CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioner :Mr.S.K.Upadhyay For the State : A.P.P 4 / 23.8.13. Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. The petitioner is an accused in Silli (Muri) P.S. case no.51 of 2010 registered under section 395/412 of the Indian Penal Code. This is the 5th occasion when the petitioner has been moving for bail but while rejecting the prayer for bail on 18.4.2013, it was observed by the Court that the trial be concluded at the earliest preferably within four months from the date of order, failing which the petitioner would be at liberty to renew the prayer for bail. Since the trial has not been concluded, the petitioner has been moving for grant of bail as the petitioner has been in custody since 17.6.2010 and that there wo...


Aug 23 2013

Manoj Gope Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-23-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 7935 of 2013 Manoj Gope ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Shailendra Jit, Advocate For the State : A.P.P. -------- 2/ 23.08.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offences under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-B)(a), 26 and 35 of the Arms Act, in connection with Patratu (Bhurkunda) P.S. Case No. 95 of 2011 corresponding to G.R. No. 1377 of 2011. The petitioner was not apprehended at the spot, rather, he is named by the apprehended co-accused. In the facts of this case, I am inclined to enlarge the petitioner, Manoj Gope, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, ...


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