Jharkhand Court February 2014 Judgments
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Chandra Vihar Colony, Development and Maintenance Society, Dhanbad and ...
Court: Jharkhand
Decided on: Feb-25-2014
R. Banumathi, C.J. 1. This Public Interest Litigation has been filed by Chandra Vihar Colony, Development and Maintenance Society, Dhanbad seeking for a direction to respondent No.1-Mining Area Development Authority (MADA) not to sanction any map for the proposed Chandra Courtyard at C.D.Singh Colony, Bartand, Dhanbad and also seeking for a direction to the respondent No.3 to stop the construction activity in the proposed multistoried complex. 2. The case of the petitioners in brief:- Petitioners and other residents of Chandra Vihar Colony had purchased land from Chandra Dhan Singh, other members of his family and heirs. Petitioner No. 2 had purchased the land by registered sale deed dated 12.11.1987 and other members of Chandra Vihar Colony had purchased the land in the same colony on 17.02.1990. According to the petitioner, a piece of land measuring about 50 kathas situated near the centre of the colony was left vacant as childrens play ground/walking track/ multipurpose park and for...
Dilip Kumar Singh Choudhary Vs. State of Jharkhand and Others
Court: Jharkhand
Decided on: Feb-25-2014
R. Banumathi, C.J. 1. This contempt petition arises in the wake of an application filed by the petitioner Dilip Kumar Singh Choudhary with a prayer to initiate contempt proceeding for willful disobedience of the order dated 20.04.1999 passed in L.P.A. No.298 of 1996 (R) and violation of the affidavit of the opposite party no.4 (Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Dhanbad) dated 07.09.1999 filed in M.J.C. No.632 of 1996 (R) with M.J.C. No.372 of 1999 (R). 2. Earlier a writ application being C.W.J.C. No.1969 of 1995(R) was filed by the Zila Parishad, Karamchari Sangh, Dhanbad (a registered society) with a prayer to pay arrears of salary from 1994 to the employees of Dhanbad Zila Parishad along with its continuous payment as well as to deposit the G.P.F. In the said writ application, Zila Parishad Dhanbad had taken the plea that since amount of grant and loan are not being paid by the State Government and further arrears of cess/royalty has not been...
Arti Devi Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Feb-20-2014
1. The petitioner has filed this anticipatory bail application, apprehending her arrest in connection with Pathargama PS Case No. 117 of 2013, corresponding to G.R. No.1218 of 2013, for the offence under Section 7 of the Essential Commodities Act. 2. The case of the prosecution is that on 16.8.2013 at around 8.00 p.m. two persons were apprehended by the villagers with 48 litres of kerosene oil and that information was passed on to the Block Supply Officer, Pathargama. On enquiry, it was learnt that two persons who were carrying kerosene oil in the plastic cane on a motor cycle bearing registration on JH-17E-1903 were Mantu Kumar Mandal and Kundan Kumar. On interrogation, Mantu Kumar Mandal disclosed that he had purchased kerosene oil from Maa Gouri Swayam Sahayata Samooh, which has been authorized to sell kerosene oil vide License no. 39/09 in the area Jamua Panchayat. The said information was given to Pathargama police Station by the villagers. On the basis of FIR, Pathargama PS Case ...
Sachidanand Prasad Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Feb-20-2014
Petitioner is represented by learned counsel, Mr. Deepak Kumar and the opposite party-State is represented by Mr. Manoj Kr. No.4, A.P.P. Heard learned counsel for the parties. The petitioner seeks anticipatory bail apprehending his arrest in connection with Telaiya P.S. Case No.276 of 2013, corresponding to G.R. No. 1373/2013 under Sections 341, 323, 504, 379, 34 of Indian Penal Code, pending in the Court of learned Civil Judge, (Junior Division) “ I, Koderma. It is the case of the prosecution that on 6.9.2013 from the college of informant, bundle of answer-paper was being sent by auto-rickshaw to J.J. College, Jhumri Telaiya and when auto-rickshaw reached near the house of the present petitioner, it is alleged that the petitioner's sons namely Pappu Kumar and Deepak Kumar forcibly stopped auto-rickshaw and assaulted college staff. It is further alleged that the sons of the petitioner tried to carry down answer-paper and on being raised hulla, college staff reached there and ther...
Dipendra Narayan Ghosh and Another Vs. the State of Jharkhand and Anot ...
Court: Jharkhand
Decided on: Feb-17-2014
1. Alleging willful disobedience of order dated 03.05.2012 passed in L.P.A. No. 166 of 2012, the applicants have filed the present contempt application. 2. By order dated 03.05.2012, the Letters Patent Court directed as under : 8. œIn view of the above reasons, the present Letters Patent Appeal is allowed. The order of the learned Single Judge is set aside and consequent thereto, the order of remand dated 24th June, 2006 is also set aside. The appellate court may now proceed to decide the matter, in accordance with law. Both the parties shall appear before the appellate court on 18th June, 2012.? 3. Heard learned counsel appearing for the parties and perused the documents on record. 4. The learned counsel appearing for the applicants has submitted that, though the Hon'ble Division Bench has observed that if all the materials were before the Appellate Authority, the Appellate Authority was bound to take decision in the mater on merits however, the Appellate Authority has again rem...
Commissioner of Income Tax, Jamshedpur Vs. M/S. Hitech Chemical (P) Lt ...
Court: Jharkhand
Decided on: Feb-14-2014
1. Challenging order dated 20.05.2005 in I.T.(SS) A No. 17/Pat/2002 passed by the Income Tax Appellate Tribunal, Circuit Bench, Ranchi whereby the CIT (Appeals) rejected the Revenues appeal, the Revenue has approached this Court by filing the present Tax Appeal No. 7 of 2005. 2. The assessee is a Private Limited Company engaged in manufacture of chemicals used mainly by steel plants. A search and seizure operation under Section 132(1) of the Income Tax Act (in short, the Act) was conducted on 29.10.1998 simultaneously in the office premises of the assessee-Company and at the residence of the Managing Director of the Company and others. During the search, certain cash and FDRs were recovered and seized. A notice under Section 158BC of the Act was issued by the Assessing Officer on 20.11.1998 requiring the assessee to file the return for the block period 01.04.1989 to 29.10.1998 within a period of 16 days. The assessee filed the return on 01.03.1999 disclosing undisclosed income of Rs. 1...
Pushpa Singh and Others Vs. State of Jharkhand Through Cbi and Another
Court: Jharkhand
Decided on: Feb-14-2014
1. Initially this application had been filed for quashing of the first information report of R.C. Case No. 6(S)/2010A. H.D.R, registered under Section 120B read with Sections 420, 467, 468, 471 of the Indian Penal Code, against the petitioners. Subsequently, on submission of the charge sheet, when cognizance of the offences, as aforesaid, was taken against the petitioners vide order dated 01/02/2011, the said order has been challenged. 2. The case of the C.B.I. is that one written complaint was filed by one Farukh Rashid Bokhari, the then Senior Manager, Allahabad Bank, Zonal Office, Ranchi, alleging therein that petitioner no. 1 Smt. Pushpa Singh, the Managing Director as well as the Directors namely, Saket Kumar Singh (Petitioner no. 2) and Abhijit Kanti Dam (Petitioner no. 3) of M/s Sai Healthways (Incorporation) Private Limited, entered into a conspiracy among themselves and with other persons and in furtherance of the said conspiracy they, on the basis of the forged and fabricated...
Gazi Safdar Hayat Khan Vs. the State of Jharkhand and Others
Court: Jharkhand
Decided on: Feb-10-2014
1. The present appeal is preferred against the order dated 11.09.2012 passed in W.P. (S) No. 4864 of 2012 whereby the writ petition filed by the appellant was dismissed mainly on the ground of latches and inordinate unexplained delay. 2. The appellant was recruited as Constable in the Department of Police in the year 1968 i.e. on 7.11.1968. After joining, the appellant passed the matriculation examination in the year 1970, wherein his date of birth was recorded as 7.06.1950. Thereafter, the appellant was selected as Writer Constable in the year 2 1974-75. The appellant was promoted as Assistant Sub-Inspector on 1.4.1981 and finally he was promoted on the post of Sub-Inspector on 20.08.1994. 3. By Memo No. 4894 dated 24.12.2009 (Annexure 11), the appellant was informed that as per his date of birth 7.6.1950, as mentioned in the service book, he is going to retire on 30.6.2010. However, an audit objection was raised regarding date of birth of the appellant and it was alleged that date of...
Jaidev Gorai @ Jaya Vs. the State of Jharkhand and Others
Court: Jharkhand
Decided on: Feb-07-2014
1. The present Public Interest Litigation has been filed by the petitioner, who is a resident of Tamulia village, seeking for a direction upon the respondent no. 2 i.e. the Principal Secretary, Revenue and Land Reforms, Government of Jharkhand to grant sanction of acquisition of 0.11 acres of land and to make allotment of Rs. 6,81,438.00 for construction of road for the access of the villagers residing at Tamulia and to connect them with NH-33. 2. The case of the petitioner, who is a resident of village Tamulia, is that he along with other villagers are facing difficulties due to non-construction of road connecting Tamulia village with N.H.-33. According to the petitioner, he made representation before the Circle Officer, Chandil dated 29.01.2010 to acquire the land and to connect the village Tamulia in public interest with N.H.-33. Further case of the petitioner is that, on the recommendation of the Circle Officer, Chandil, the Deputy Commissioner, Seraikella-Kharsawan had also made a...
State Bank of India, Chatra and Others Vs. Srinath Prasad Singh
Court: Jharkhand State Consumer Disputes Redressal Commission SCDRC Ranchi
Decided on: Feb-06-2014
Mr. Justice Ramesh Kr. Merathia, President- 1. The reasons for delay in disposal of this appeal can be seen from the order sheet. According to the complainant/Respondent/(S.P. Singh for short) on 31.3.2010 he withdrew Rs. 1200/- at 9.09 A.M and Rs. 1500/- at 10.14 A.M. through the A.T.M. machine, but he did not withdraw Rs. 10,000/- and 20,000/- as shown in the withdrawal statement, and Rs. 10/- was not chargeable. Therefore he filed the claim in question for Rs. 30,010/- with Rs. 50000/- for the injuries suffered and also the interest. 2. By the impugned judgment the Dist Consumer Forum has allowed the claim for Rs. 32,010/- with interest @ 10% P.A. from 31.3.2010 till the date of payment, and also litigation cost of Rs. 2000/-. 3. The opposite parties/appellants/State Bank of India (the Bank for short) has filed this appeal against the said judgment. 4. The Dist Forum has passed the judgment mainly on the ground that inspite of direction, the Bank did not make available the C.C.T.V f...
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