Jharkhand Court September 2013 Judgments
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Amresh Khaware and ors Vs. Subodh Kumar Jha and ors
Court: Jharkhand
Decided on: Sep-18-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI M. A No. 41 of 2011 Amresh Khaware & ors .... Appellants Versus Subodh Kumar Jha ... Respondents Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner/ appellant (s): Mr. K.P. Deo For the opp. party/ respondents : xxx 18.09.2013 It appears that this appeal has been preferred under order XLIII, Rule 1(c) of the Code of Civil Procedure, against the order dated 3.7.2010 passed by learned Sub Judge, Deoghar, in Misc Case No. 06 of 2010, whereby he has refused to allow the petition filed by the appellants under Order IX, Rule 9 CPC. The office has indicated that in LA Reference brought before the Special Judge, Land Acquisition, the suit is valued at Rs.13,915/- and, therefore, in view of the amendment in the Bengal, Agra & Assam Civil Courts' (Jharkhand Amendment) Act, 2002, pecuniary jurisdiction to hear the appeal below Rs. 2,50,000/- ( rupees two lakhs and fifty thousand) has been given to the District Judge. In view of the above, this appea...
Kanhaiya Prasad Srivastava Vs. State of Jharkhand and ors
Court: Jharkhand
Decided on: Sep-18-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 7393 of 2011 Kanhaiya Prasad Srivastava .........Petitioner Vs.1. The State of Jharkhand 2. The Secretary, Department of Housing and Urban Development, Government of Jharkhand, Ranchi 3. The Jharkhand State Housing Board through its Managing Director 4. The Managing Director, State Housing Board, Ranchi 5. The Secretary, Jharkhand State Housing Board, Ranchi 6. The Executive Engineer, Jharkhand State Housing Board, Saraikella Kharsawan ......Respondents CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR For the Petitioner: Mr. Sunil Kumar Sinha For the Respondents: Mr. Sachin Kumar 5/18.09.2013: This is an application for quashing the order dated 17.06.2011 ( Annexure-6), passed by Jharkhand State Housing Board whereby and whereunder, all the allotments of the Flats, on rental basis, had been cancelled and it is ordered that the said Flats will be allotted to different persons on the basis of lottery. It is stated that by Annexure-1, Executiv...
Nandan Kumar Alias Karu Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-18-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6118 of 2013 Nandan Kumar @ Karu Petitioner Versus The State of Jharkhand Opp. Party CORAM: HONBLE MR. JUSTICE D.N. UPADHYAY For the Petitioner : Mrs. Renu Bala, Advocate For the State : A.P .P. 03/ 18.09.2013 Heard the counsel for the parties. Petitioner is accused in connection with Chandwa P.S. Case No.77 of 2012 corresponding to G.R. Case No.439 of 2012, pending in the Court of learned A.C.J.M., Latehar. It reveals that the petitioner and his associates have committed robbery and snatched away cash and mobile set from the informant and his companion. The petitioner was caught at the spot and his associates, in order to get him released, also opened fire but fortunately it did not hit anyone. The prayer for bail made on behalf of this petitioner was earlier rejected on 31.01.2013 ...
Nehru Kumar Paswan Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Sep-18-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6900 of 2013 Nehru Kumar Paswan ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Anil Kumar Sinha, Advocate For the State : A.P.P. For the Informant : Mr. Manoj Kumar Sah, Advocate -------- 3/ 18.09.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution as also learned counsel for the informant. The petitioner has been made accused for the offence under Section 365 of the Indian Penal Code, in connection with Tilaiya P.S. Case No. 65 of 2013 corresponding to G.R. No. 350 of 2013. The case relates to abduction of the brother of the informant and from the impugned order, it appears that subsequently his dead body was found. The case was instituted against unknown. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case only on the basis of confessional state...
Ram Kishore Prasad Vs. Union of India and ors
Court: Jharkhand
Decided on: Sep-18-2013
In the High Court of Jharkhand at Ranchi W.P.(Cr.) No. 217 of 2011 Ram Kishore Prasad.................... .............Petitioner VERSUS Union of India and others........ ... Opposite Parties CORAM: HONBLE MR.JUSTICE R.R.PRASAD For the Petitioner: Mr.Ram Kishore Prasad, Advocate For Union of India:Mr.M.Khan, ASGI 19 18.9.13. Learned counsel appearing for the petitioner submits that in the 2nd line of the order dated 30.8.2013, number of the complaint case has been recorded as 1161 of 2003 in stead of 1161 of 2013. In view of the submission, let the number of the complaint case recorded as 1161of 2003 be read as 1161 of 2013, Accordingly, the order dated 30.8.2013 is modified to the extent indicated above. ND/ ( R. R. Prasad, J.)...
Jagdish Oraon ? Jarga Oraon and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-18-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (D.B.) No.1699 o1. Jagdish Oraon @ Jarga Oraon 2. Sukra Oraon 3. Mahabir Oraon 4. Etwa Oraon Appellants -Versus- The State of Jharkhand. .... Respondent. ------ CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI HONBLE MR. JUSTICE P.P. BHATT ------ For the Appellants: Mr. Atanu Banerjee, Advocate For the State : A.P.P. ------ I.A. No.6997 o10. 18.09.2013: In this application, the appellants have prayed for their release on bail during pendency of the appeal. It has been submitted that though the appellants' same prayer was earlier rejected, they have remained in custody for about eleven years after conviction; there is no direct evidence of committing murder; the dead body was found thrown in a river; no incriminating article or arm was recovered from the appellants' possession; even there is no circumstantial evidence to prove the charge under Section 302 I.P.C. against them; co-convict Jhari Oraon appellant in Cr. Appeal (DB) No.119/...
Jhari Oraon Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-18-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (D.B.) No.119 of 2003 Jhari Oraon Appellant -Versus- The State of Jharkhand. .... Respondent. ------ CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI HONBLE MR. JUSTICE P.P. BHATT ------ For the Appellant : Mr. Atanu Banerjee, Advocate For the State : A.P.P. ------ I.A. No.6984 o8. 18.09.2013: In this application, the appellant has prayed for his release on bail during pendency of the appeal. It has been submitted that though the appellant's same prayer was earlier rejected, he has remained in custody for about eleven years after conviction; the appellant is aged about more than eighty years; there is no direct evidence against the appellant; even there is no circumstantial evidence to prove the charge under Section 302 I.P.C. against him; conviction of the appellant is based on only suspicion; the appellant has been acquitted of the charge under Section 364 I.P.C.; the appeal is of 2003 and there is no likelihood of appeal being take...
Mamta Bauri Alias Manta Bauri Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Sep-18-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6819 of 2013 Mamta Bauri @ Manta Bauri ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Prabir Kumar Chatterjee, Advocate For the State : A.P.P. -------- 3/ 18.09.2013 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 302/34 of the Indian Penal Code, in connection with Baghmara (Mohuda) P.S. Case No. 46 of 2011 corresponding to G.R. No. 753 of 2011. The case relates to murder of husband of the informant, whose dead body was found. The informant has suspected that murder has committed by the petitioner due to some illicit relationship. From the impugned order, it also appears that except the suspicion there is nothing specific against the petitioner. It is also submitted by the learned counsel for the petitioner that police had submitted fin...
Reva Rani ? Reba Rani Mahato and anr Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-18-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No.1072 o1. Reva Rani @ Reba Rani Mahato.2. Sindhu Bala Mahato @ Sindhu Mahato.3. Subodh Mahato ......Appellants Versus The State of Jharkhand .Respondent ----- Coram:HONBLE MR. JUSTICE NARENDRA NATH TIWARI : HON'BLE MR. JUSTICE P.P. BHATT ---- For the Appellants : Mr. H.K. Mahato, Advocate For the State : APP --- I.A. No. 6034 o11. 18-09-2013 In this I.A., the appellant no. 2-Sindhu Bala Mahato @ Sindhu Mahato has prayed for her release on bail during pendency of the appeal. Learned counsel for the appellants submitted that though the same prayer of appellant no. 2 was earlier rejected, she has remained in custody for more than 8 years; the conviction of the appellant no. 2 and other co-convicts is based on circumstantial evidence; there is almost same set of allegations and materials against this appellant and co-convicts; appellant no. 1-Reva Rani @ Reba Rani Mahato has been granted bail by this Court by order dated 17-04...
Abhimanyu Prasad ? Abhimanyu Prasad Seth Vs. State of Jharkhand and an ...
Court: Jharkhand
Decided on: Sep-18-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No.1644 of 2010 Abhimanyu Prasad @ Abhimanyu Prasad Seth Petitioner Versus The State of Jharkhand & Anr. Opp. Parties ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioner : Mr. Yogesh Modi, Advocate For the State : APP For the O.P. No.2 : Mr. R.A. Choubey, Advocate ----- 04/18.09.2013: Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the Opp. Party No.2. This application has been filed for quashing of the entire criminal proceeding of Complaint Case No.589 of 2008 including the order dated 14.12.2009 passed by Sri Dinesh Kumar, learned Judicial Magistrate, Koderma, whereby and whereunder, cognizance of the offence punishable under Section 420 of the Indian Penal Code has been taken against the petitioner. Before adverting to the submissions advanced on behalf of the parties, the case of the complainant needs to be taken notice of. It is the c...
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