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Jharkhand Court August 2013 Judgments

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Aug 30 2013

Sanjay Biswas Vs. Lilawati Devi

Court: Jharkhand

Decided on: Aug-30-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI CivilRevisionNo.05of2013 SanjayBiswas Petitioner Versus LilawatiDevi Respondent CORAM: HONBLEMR.JUSTICED.N.UPADHYAY ForthePetitioner :Mr.DwarikaPrasad,Advocate 04/30.08.2013 Thiscivilrevisionhasbeenpreferredafterdelayof62daysagainstthe judgmentdated17thOctober,2012passedinconnectionwithTitleEvictionSuit No.09of2011. Nobodyappearsonbehalfofrespondents. Onbeingsatisfiedwiththegroundstakenintheapplication,thedelayof 62daysinpresentingtheappealiscondoned. I.A.No.1380of2013standsallowed. Thesolerespondenthasappeared,therefore,thereisnoneedtoissue notice. Listthiscaseundertheheading'foradmission.' (D.N.Upadhyay,J.) NKC...


Aug 30 2013

Bijay Mahto and anr Vs. the State of Jharkhand and anr

Court: Jharkhand

Decided on: Aug-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1043 o1. Bijay Mahto 2. Pawan Kumar Mahto ... ....Petitioners Vs The State of Jharkhand & Anr ....Opposite Parties CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR For the Petitioners: Mr. Kalyan Banerjee For the State: Mr. Abhishek Kumar , APP 3/30.08.2013: Learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application. Permission accorded. Accordingly, this anticipatory bail application is dismissed as withdrawn. ( Prashant Kumar,J.) Sharda/-...


Aug 30 2013

P V Kothaiyah Vs. State of Jharkhand

Court: Jharkhand

Decided on: Aug-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI. Cr. M. P. No. 1807 of 2013 P.V. Kothaiyah Petitioner -V e r s u s- The State of Jharkhand Opposite Party. CORAM: - HONBLE MR. JUSTICE P.P. BHATT. For the Petitioner : - Mr. Manoj Prasad, Advocate. For the Respondent : - J.C. to S.C. II. 04/30.08.2013 The present Cr. Misc. Petition is filed for restoration of W.P. (Cr.) No. 89 of 2001 to its original file, which has been dismissed for default by this Court on account of non-compliance of the order passed by this Court, dated 27.08.2001. Heard the learned counsel for the petitioner as well as Respondent- State. Perused the application. For the reasons stated in the application, the same is allowed. W.P. (Cr.) No. 89 of 2001 is ordered to be restored to its original file. Since the Respondent-State Government is party-respondent in the writ petition, there is no need to issue notice upon them as the learned counsel is appearing for the State. Cr. M. P. No. 1807 of 2013 stands disposed of according...


Aug 30 2013

Ramakant Paswan Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.8193 of 2013 Ramakant Paswan ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioner : Ms. Lina Shakti For the State : A. P.P. ----- 2/30.8.2013 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused for the offence under Sections 399, 402 of the Indian Penal Code and 25(1-B)(a)/26/35 of Arms Act, in connection with Barhi P.S. Case No.210 of 2013, corresponding to G.R. No.2399 of 2013. From the FIR, it appears that the petitioner was apprehended with other co-accused persons, but there is no recovery of any firearm from the petitioner. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Ramakant Paswan 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 satisfactio...


Aug 30 2013

Lal Pravir Nath Shahdeo Vs. I C a R

Court: Jharkhand

Decided on: Aug-30-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI W.P.(Cr.)No.28of2013 LalPravirNathShahdeo .... .... ....Petitioner Versus TheUnionofIndia&Ors. .... .... ....Respondents CORAM :HON'BLEMR.JUSTICEP.P.BHATT ForthePetitioner :Mr.AjayKr.Singh,Advocate FortheResp.State :Mr.RanganMukhapadhyay,S.C.II FortheResp.No.4 :Mr.ManishKumar,Advocate 4/30.08.2013 Attherequestoflearnedcounselfortherespondent No.4,putupthiscaseonthenextFriday(06.09.2013). Inthemeantime,learnedcounselappearingforthe State shall ensure and pass appropriate instructions that law andorderbemaintainedatthesite. Let a copy of this order be made available to the learnedcounselfortheState. (P.P.Bhatt,J.) SI/...


Aug 30 2013

Tinku Mishra Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.8218 of 2013 Tinku Mishra ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioner : Mr. Atanu Banerjee For the State : A. P.P. ----- 2/30.8.2013 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused for the offence under Sections 413, 414/34 of the Indian Penal Code, Section 32(ii) of the Coal Mines Act, in connection with Nawadih P.S. Case No.81 of 2013, corresponding to G.R. No.840 of 2013. From the FIR, it appears that the petitioner is alleged to be involved in illegal mining and transaction of coal. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Tinku 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 each to the satisfaction of Sri S. K. Dubey, learned Judi...


Aug 30 2013

Vikash Kumar Joshi Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1184 of 2013 Vikash Kumar Joshi ... Petitioner -V e r s u s- The State of Jharkhand & Another ... Opposite Parties CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR. For the Petitioner : - Mr. Vikash Kumar, Advocate For the State : - Mr. Vijay Kumar Gupta, A.P.P. For the O.P. No. 2 : - Mr. Kumar Amit, Advocate. 06/30.08.2013 Anticipatory bail application filed by Vikash Kumar Joshi, is moved by Sri Vikash Kumar, learned counsel for the petitioner and opposed by Sri Vijay Kumar Gupta, learned Additional P.P. for the State and Sri Kumar Amit, learned counsel for the opposite party no.2. At the outset, both the parties submit that they have settled their dispute outside the court. Considering the aforesaid facts and circumstances, I allow the anticipatory bail application and direct petitioner to surrender in the court below on or before 10.09.2013 and in the event of his surrender, the learned court below is directed to enlarge the petitioner, a...


Aug 30 2013

Bishwanath Singh and anr Vs. the State of Jharkhand and anr

Court: Jharkhand

Decided on: Aug-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3465 o1. Bishwanath Singh 2. Shambhu Singh ... ....Petitioners Vs The State of Jharkhand & Anr....Opposite Parties CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR For the Petitioners: Mr. Rakesh Kumar For the State: Mr. V.K. Tiwary, APP 2/30.08.2013: Learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application. Permission accorded. Accordingly, this anticipatory bail application is dismissed as withdrawn. ( Prashant Kumar,J.) Sharda/-...


Aug 30 2013

Yogesh Yadav Alias Yogesh Kumar Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 742 of 2013 Yogesh Yadav @ Yogesh Kumar ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. S.P. Roy, Advocate For the State : A.P.P. ------ 2/ 30.08.2013 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is aggrieved by the Judgment dated 6.6.2013 passed by learned Sessions Judge, Godda, in Criminal Appeal No. 59 of 2013, whereby the appeal filed against the order dated 21.5.2013 passed by the learned Principal Magistrate, Juvenile Justice Board, Godda, in G.R. No. 181 of 2013, rejecting the bail application of the juvenile petitioner, has been dismissed by the learned Appellate Court below. The petitioner has been made accused in Boarijore P.S. Case No. 3 of 2013 corresponding to G.R. No. 181 of 2013, for the offence under Sections 387/ 34 of the Indian Penal Code. There is allegation against th...


Aug 30 2013

Shashi Prakash Vs. the State of Jharkhand Through Vigilance

Court: Jharkhand

Decided on: Aug-30-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 853 of 2012 With Cr. M.P. No. 1626 of 2012 Shashi Prakash (in both cases) Petitioner Versus The State of Jharkhand through Vigilance Opp. Party ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioner : M/s Mokhtar Khan & M.K. Sinha, Advocates For the Vigilance : Mr. Shailesh, Advocate ----- I.A. No. 6245 o8. 30.08.2013 Heard the parties on an interlocutory application bearing I.A. 6245 of 2013. Mr. Mokhtar Khan, learned counsel appearing for the petitioner in Cr. Rev. No. 853 of 2012, submits that this case had been filed for quashing of the order taking cognizance. While the matter was pending for consideration, charges were framed by the court vide order dated 12.10.2012, which has been challenged by way of interlocutory application bearing I.A. 6245/2013 and, therefore, the prayer made in the interlocutory application be allowed to be incorporated in the main application. Prayer made in the interlocutory applications...


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