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Jharkhand Court September 2013 Judgments

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Sep 23 2013

Jamuna Prasad and anr Vs. Bingao LoharIn ? Sumitra Devi

Court: Jharkhand

Decided on: Sep-23-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI First Appeal No.134 of 2011 Jamuna Prasad & Another Appellants Versus Bingao Loharin @ Sumitra Devi & Others Respondents CORAM: HONBLE MR. JUSTICE D.N. UPADHYAY For the Appellants : Mr. Ayush Aditya, Advocate 06/ 23.09.2013 This first appeal has been preferred against the judgment dated 13th of July, 2011 passed in Title Suit No.140 of 2004. This appeal is admitted. Appellants are directed to take steps for service of notice through registered cover with A.D. as well as through ordinary process for which requisites etc. must be filed within ten days. Notice is made returnable within four weeks. (D. N. Upadhyay, J.) NKC...


Sep 23 2013

Dharam Raj Kumar Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Sep-23-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No. 7147 of 2011 Dharam Raj Kumar ... Petitioner Versus The State of Jharkhand and ors. ... ... Respondents CORAM : HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner :Mr. Manoj Tandon For the Respondents :M/s. Nikhil Kumar Mehta & A. K. Sahay 6 23.09.2013 Heard learned counsel for the parties. The grievance of the petitioner in the instant writ petition is that the respondents have not paid his salary for the month of January, 2009 to May, 2009 @ Rs. 8000/ per month totalling Rs. 40,000/, though he had worked for the said period. According to the petitioner, he was appointed on a contractual basis on consolidated salary of Rs. 8,000/ per month and was posted at J.L.N. College, Chakradharpur, West Singhbhum. The appointment letter of the petitioner dated 2.11.2006 is annexed as Annexure 1 to the writ petit...


Sep 23 2013

Malti Devi Vs. State of Jharkhand

Court: Jharkhand

Decided on: Sep-23-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No.323 of 2013 Malti Devi. Appellant. Versus The State of Jharkhand. .... Respondent. CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI HONBLE MR. JUSTICE P. P. BHATT For the Appellant : Mr. Niranjan Kumar, Advocate. For the State : A.P.P. 05/23.09.2013: On receipt of lower courts' record, learned counsel for the appellant pressed for the appellant's suspension of sentence and her release on bail during pendency of the appeal. Mr. Niranjan Kumar, learned counsel, appearing on behalf of the appellant, submitted that there is no evidence against the appellant, except her socalled confession and statement under Section 313 Cr.P.C.; the prosecution witnesses have neither supported the prosecution version nor the allegation against the appellant finds support from the medical evidence; the appellant is a lady and the case is of absolutely false implication due...


Sep 23 2013

Vishal Kumar Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Sep-23-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No. 385 of 2010 Vishal Kumar Petitioner Versus The State of Jharkhand & Others ........ Respondents CORAM: HONBLE THE ACTING CHIEF JUSTICE HONBLE MR. JUSTICE AMITAV KUMAR GUPTA For the Petitioner : Mr. Rajeev Kumar, Advocate For the State : J.C. to A.G. 25/Dated: 23 rd September, 2013 Oral order: Per D.N. Patel, A.C.J.:1. Counsel for the respondentState submitted that a Committee has been constituted to draft a policy for allotment of land. Committee has also convened a meeting and they are seeking longer time to draft out a policy. 2. Time, as prayed for, is granted. Progress report shall be filed by the State on or before the next date of hearing. 3. The matter is adjourned on 28th October, 2013. (D.N. Patel, A.C.J.) (Amitav Kumar Gupta, J.) VK/...


Sep 21 2013

Sristidhar Lohar Alias Sristhidhar Lohar Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-21-2013

IN THE HIGH COURT OF JHARKHAND, RANCHI B.A. No. 7509 of 2013 Sristidhar Lohar@ Sristhidhar Lohar ..... Petitioner Versus The State of Jharkhand . .... Opposite Party. CORAM : HON'BLE MR. JUSTICE P.P. Bhatt For the Petitioner : Mr M.K.Dey Sr.Advocate For the State : A.P.P. 02/21.9.2013 Present application is filed under sections 439 and 440 of the Code of Criminal Procedure 1973 seeking bail in connection with Rail thana Chandil Case No.18 of 2011 corresponding to G.R. No. 199 of 2011 for the offence registered under section 409 of the Indian Penal Code, pending in the court of learned Railway Judicial Magistrate, Chakradharpur. Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State and p...


Sep 21 2013

Sanjeev Kumar Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Sep-21-2013

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.1494 of 2010 Sanjeev Kumar .... Petitioner Versus The State of Jharkhand & others ..... Respondents ---------- CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner :M/s J.P. Jha, A. Prakash & S.P. Jha For the Respondent No.7 : Mr. Rajesh Kumar For the Respondent No.8 : Mr. Suraj Kumar For the State : Mr. Jalisur Rahman, J.C. to G.P. III 09/21.09.2013 Heard counsel for the parties. The petitioner has approached this Court with a prayer that he should be treated as a Para Teacher, as he has been appointed in regular manner on the basis of resolution of the Gram Sabha of Village Tilwaria, Chorkheda Panchayat, District Dumka and whose appointment was also approved by the Block Education committee on 28.12.2002(Annexure-1). His grievance is that he has not been paid his salary / honorarium for the said post though he has performed his duties. The petitioner has also stated that he belongs to village Tilwaria of which he has b...


Sep 21 2013

Naresh Mahra Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-21-2013

IN THE HIGH COURT OF JHARKHAND, RANCHI B.A. No. 7508 of 2013 Naresh Mahra ..... Petitioner Versus The State of Jharkhand . .... Opposite Party. CORAM : HON'BLE MR. JUSTICE P.P. Bhatt For the Petitioner : Mr A.K.ChowdhuryAdvocate For the State : A.P.P. 02/21.9.2013 Present application is filed under sections 439 and 440 of the Code of Criminal Procedure 1973 seeking bail in connection with Sarath P.S. Case No. 59 of 2012 corresponding to G.R. No. 203 of 2012 for the offence registered under sections 406/420/384 of the Indian Penal Code, pending in the court of learned Judicial Magistrate, Madhupur. Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State and perused the m...


Sep 21 2013

Manmohan Lal Sharma Vs. Food Supply

Court: Jharkhand

Decided on: Sep-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No. 5001 of 2012 Manmohan Lal Sharma ... Petitioner Versus The State of Jharkhand and ors. ... ... Respondents CORAM : HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner :M/s Indrajit Sinha & R.Satendra For the Respondents :Mr. Rajesh Kumar 12 21.09.2013 Heard learned counsel for the parties. The petitioner has approached this Court for seeking quashing of a Notification contained in Memo No.2749 dated 21.8.2012, Annexure 8 to the writ petition, issued under the signature of Secretary, Food, Civil Supplies and Consumer Affairs Department, Government of Jharkhand. It is the grievance of the petitioner that the said order has been passed in purported exercise of powers under Rule 3(5)(e) of the Bihar Consumer Protection Rules,1987 (now adopted by Jharkhand) and framed under subsection (2) of Section 30 of the Consumer Protection Act,1986 on the ground of his...


Sep 21 2013

Chandra Shekhar Chaubey Vs. Police

Court: Jharkhand

Decided on: Sep-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No. 3489 of 2012 Chandra Shekhar Chaubey ... Petitioner Versus The State of Jharkhand and ors. ... ... Respondents CORAM : HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner :Mr. R.K.Roy For the Respondents :JC to AG 6 21.09.2013 Heard learned counsel for the parties. The petitioner has approached this Court with a grievance that the respondents be directed to consider his case for appointment on the post of police constable in the district of Chatra, as according to him, he has been declared successful. The petitioner is said to have participated in an exercise for appointment of police constable under Advertisement No.1/2004 vide Annexure 1, issued for employment in the districts of State of Jharkhand. According to the petitioner, his height is 177.5 cms and he possessed the qualification of intermediate. As such he has obtained 19 points i.e. 12 points ...


Sep 21 2013

Pramod Kumar Mishra Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 7209 of 2013 Pramod Kumar Mishra Petitioner Versus The State of Jharkhand Opposite Party --------- CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA --------- For the Petitioner : Mr. Kailash Pd. Deo, Advocate For the State : A.P.P. --------- 02/Dated:21. h September, 2013 The petitioner has been made an accused for the offence registered under Sections 406, 409, 419, 420, 120B, 467, 468 of the Indian Penal Code. Learned counsel for the petitioner has submitted that as per the inquiry report and the statement of the beneficiaries, of the Indra Awas Yojana Schemes, relating to 12 Indra Awas Yojana, have not been stated that the Awas was not constructed or that the petitioner was responsible for handing over the cheque amount to beneficiaries. It has been argued that until and unless there is entrustment of money in question, misappropriation does not arise under the Scheme and as per the procedure, the cheques are issued by the Block Develo...


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