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Jharkhand Court April 2017 Judgments

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Apr 18 2017

Jaideb Hembram and Ors Vs. Nirmal Hembram and Ors

Court: Jharkhand

Decided on: Apr-18-2017

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 808 of 2017 --- 1. Jaideb Hembram 2. Ganesh Hembram 3. Kanhu Hembram 4. Mistry Hembram --- ---- Petitioners Versus 1. Nirmal Hembram 2. Mahim Hembram 3. Santori Murmu 4. Kalpana Hembram --- --- Respondents --- CORAM:The Honble Mr. Justice Aparesh Kumar Singh ---- For the Petitioners : Mr. Kaushik Sarkhel, Advocate For the Respondents : Mr. Sunil Kr. Dubey, Advocate Mr. Manoj Kr. Chaubey, Advocate ---- 06/18.04.2017 Heard learned counsel for the petitioners and learned counsel representing the respondent no.2/plaintiff no.3. Learned court of Civil Judge, Senior Division-II, Jamtara has by the impugned order dated 9th January 2017 passed in Title Suit No.23/2005 allowed substitution of the legal heirs of plaintiff no.1 Anil Hembram being his widow and daughter (respondent nos. 3 and 4 herein). Brief facts relevant for consideration of the issues in controversy are referred to herein after. An application was made on 6th August, 2008 f...


Apr 18 2017

Gour Dutta and Ors Vs. State of Jharkhand and Ors

Court: Jharkhand

Decided on: Apr-18-2017

IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A No. 548 of 2009 1. Gour Dutta 2. Nimai Dutta 3. Subash Dutta, All sons of Shri Sudhir Dutta, resident of village-Asanbani, P.S. +P.O.- Raneshwar, District-Dumka ----------- Appellants Vrs.1. The State of Jharkhand 2. Commissioner, Santhal Parganas Division, Dumka 3.Deputy Commissioner, Dumka 4.Sub Divisional Officer, Dumka 5. Most. Manorama, wife of late Titu Roy, resident of village- Asanbani, P.O. & P.O.- Raneshwar, District-Dumka ----------- Respondents CORAM: HON'BLE MR. JUSTICE D.N. PATEL HON'BLE MR. JUSTICE RATNAKER BHENGRA For the Appellant: None. For the Resp./State: Mr. Vineet Prakash (J.C. to S.C.(L&C) For the Resp. No. 5: Mr. Kaushlendra Prasad, Advocate. 13/Dated 18th April,2017 Oral Order Per D.N. Patel,J:1. When the matter is called out, counsel for the appellants is absent.2. We, have heard counsel for the respondent no. 5 at length, who has submitted that initially an application was preferred by the respondent No. 5 for ev...


Apr 17 2017

Sewak Mahto and Ors Vs. The State of Jharkhand

Court: Jharkhand

Decided on: Apr-17-2017

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1475 of 2017 1. Sewak Mahto 2. Sugiya Devi 3. Rajendra Mahto 4. Gyani Mahto Petitioners Versus The State of Jharkhand Opposite Party --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioners : Mr. H.K. Shikarwar, Advocate For the State : A.P.P. For the Informant : Mr. Ashish Jha, Advocate --------- 06/Dated:17. 04/2017 Petitioners are apprehending their arrest in connection with the case registered under Sections 341, 323, of the Indian Penal Code subsequently, 307, 504, 506 of the IPC. It appears that the petitioners were granted bail earlier by the court below on 02.08.2016 and subsequently final form was submitted under sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 307 is non-bailable and cognizance has been taken against the petitioners. In this anticipatory bail application, the question of law involved is that when during course of investigation, the petitioners were grante...


Apr 17 2017

Manoj Kumar Bhagat Vs. Kamal Manjari

Court: Jharkhand

Decided on: Apr-17-2017

IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. (D.B.) No. 106 of 2012 ------- Manoj Kumar Bhagat . Appellant -Versus- Kamal Manjari ..... Respondent ------- CORAM : HONBLE MR. JUSTICE H.C.MISHRA HON'BLE MR. JUSTICE Dr. S.N.PATHAK ------- For the Appellant : : M/s. Ashish Jha For the Respondent : : Ms. Renuka Trivedi ------- 14/ 17.04.2017 Heard learned counsel for the appellant and learned counsel for the respondent.2. The appellant husband is aggrieved by the Judgment and Decree dated 10.4.2012 passed by the learned Principal Judge, Family Court, Pakur, in Matrimonial (Divorce) Suit No. 04 of 2009, whereby, the suit filed by the husband under Section 13 (1) (i-a) of the Hindu Marriage Act, for dissolving the marriage between the parties by a decree of divorce on the ground of cruelty, has been dismissed by the Court below.3. It may be stated that during the pendency of this appeal in this Court, an effort of mediation between the parties was taken for amicable settlement of their matri...


Apr 17 2017

Arun Kumar Vs. The Singhbhum Central Co Operative Bank Ltd Thr Its Adm ...

Court: Jharkhand

Decided on: Apr-17-2017

IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 773 of 2015 Arun Kumar son of Shri Shashi Bhushan Prasad, Resident of House No. N-10, Shiv Ganga, Sonari, P.O. and P.S. Sonari, Jamshedpur, District Singhbhum East Petitioner/Appellant Versus 1. The Singhbhum Central Co-operative Bank Ltd. through its Administrator-cum-Deputy Development Commissioner, West Singhbhum at Chaibasa P.O. & P.S. Chaibasa, West Singhbhum 2. Managing Director, the Singhbhum Central Co-operative Bank Ltd., Chaibasa, P.O. Chaibasa, P.S. Sadar, Dist. West Singhbhum ... ... Respondents/Respondents ------ CORAM: HON'BLE MR. JUSTICE D.N. PATEL HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR ----- For the Appellant: Mrs. Gouri Devi, Advocate For the Respondents: Mr. M.K. Roy, Advocate ----- th 16/Dated 17 April, 2017 Per D.N.Patel,J.The appellant has challenged order dated 04.12.2015 passed in W.P.(S) No. 6895 of 2012.2. The delinquent-appellant, who was working as Assistant at Gamharia Branch of the Singhbhum Central Co...


Apr 13 2017

The Union of India Through the General Manager East Central Railway an ...

Court: Jharkhand

Decided on: Apr-13-2017

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2409 of 2016 1. The Union of India, through Sri D.K. Hayan, The General Manager, East Central Railway, Hazipur (Bihar).2. Sri M.K. Akhori, The Divisional Railway Manager, East Central Railway, Dhanbad.3. Sri Ujjawal Anand, The Senior Divisional Personnel Officer, East Central Railway, Dhanbad.4. Sri S.C. Choudhari, The Senior Divisional Electrical Engineer (OP), East Central Railway, Dhanbad.5. Sri B.K. Singh , The Chief Medical Superintendent, East Central Railway, Dhanbad.6. Sri Animesh Kumar, The Senior Divisional Financial Manager, East Central Railway, Dhanbad .... Petitioners Versus Smt. Anita Kumari Sinha .... Respondent -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA HONBLE MR. JUSTICE Dr. S.N. PATHAK ------- For the Petitioners : Mr. Vijay Kumar Sinha, Advocate For the Respondent : Mr. Mirnal Kanti Roy, Advocate. -------- 07/ 13.04.2017 Heard the learned Counsel for the petitioners and the learned Counsel for sole respo...


Apr 12 2017

Dilip Kumar Saha Alias Dilip Gandhi and Ors Vs. The State of Jharkhand

Court: Jharkhand

Decided on: Apr-12-2017

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3426 of 2016 1. Dilip Kumar Saha @ Dilip Gandhi 2. Hari Shankar Saha 3. Shankar Radha Krishna Gandhi 4. Shankar Abhishek 5. Sanju Saha .. Petitioners Versus The State of Jharkhand .. Opp. Party --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Mahesh Tewari, Advocate. For the State : A.P.P. --------- 05/Dated:12. 04/2017 Petitioners are apprehending their arrest in connection with Rajmahal P.S. Case No. 146 of 2013, corresponding to G.R. No. 307 of 2013, registered under Sections 323, 324, 504, 354, 379, 307/ 34 of the I.P.C., lodged on the basis of one written report given by Rita Saha. In this anticipatory bail application, question of law involved is that when during course of investigation, the petitioners were released on police bail and after completion of investigation, police has submitted final form and cognizance has been taken by the court below differing with the opinion of the polic...


Apr 12 2017

Ram Das Sao and Anr. Vs. State of Jharkhand

Court: Jharkhand

Decided on: Apr-12-2017

Cr. Revision No. 519 of 2002 ---------- Against the Judgment dated 20.08.2002 passed by the learned 4th Additional Sessions Judge, Bermo at Tenughat in Criminal Appeal No. 166 of 1987 affirming the judgment and order of conviction and sentence passed by the learned Judicial Magistrate 1st Class, Bermo at Tenughat in G.R. Case No. 201 of 1984 (T.R. No. 30 of 1987) ---------- 1. Ram Das Sao, S/o Jago Teli, R/o Village- Chandipur, P.S.- Kashmar, District- Giridih.2. Jamhira Mian, S/o Ramjan Mian, R/o Village Kurko, P.S.- Kashmar, District- Giridih. Petitioners Versus The State of Jharkhand Opposite Party ---------- For the Petitioners : None For the State : Mr. R.P. Singh, A.P.P. ---------- Present: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY ---------- By Court: No one appears on behalf of the petitioners. However, Mr. R.P. Singh, learned A.P.P. for the State is present. Since this matter is pending since 2002, the same is being disposed of based on the materials available on record. Thi...


Apr 11 2017

Loknath Prasad Alias Lokan Prasad and Ors Vs. The State of Jharkhand

Court: Jharkhand

Decided on: Apr-11-2017

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1334 of 2017 1.Loknath Prasad @ Lokan Prasad 2.Raju Prasad 3.Mosomat Bhagiya @ Bhagirathi Devi 4.Tarwa Devi 5.Enwa Devi 6.Fulwa Devi Petitioners Versus The State of Jharkhand Opposite Party --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioners : Mr. H.K. Shikarwar, Advocate For the State : A.P.P. For the Informant : Mr. Rahul Pandey, Advocate --------- 06/Dated:11. 04/2017 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are apprehending their arrest in connection with the case registered under Sections 147, 148, 341, 323, 324, 506 of the Indian Penal Code. Under order dated 04.04.2017, learned counsel for the petitioners was directed to address this Court on the maintainability of the anticipatory bail application as to when the petitioners were granted bail earlier by the court below on 30.07.2015 and subsequently final form was submitted under sections 147, 14...


Apr 11 2017

Ramesh Murmu Vs. The State of Jharkhand

Court: Jharkhand

Decided on: Apr-11-2017

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1782 of 2016 .. Ramesh Murmu, son of Roshen Murmu, resident of village- Baskendri, P.O. & P.S. Maheshpur, District-Pakur Petitioner Versus The State of Jharkhand ... ... Opposite Party .. PRESENT CORAM: HON'BLE MR. JUSTICE ANANDA SEN .. For the Petitioner : Mr. Ranjan Kr. Singh, Advocate For the State : A.P.P .. C.A.V.ON. 17.03.2017 Pronounced on 11/04/2017 The petitioner has challenged the order dated 05.05.2011 by which cognizance of offence has been taken under Sections 376 and 379 of the Indian Penal Code, arising out of Maheshpur P.S. Case No. 83 of 2007, corresponding to G.R. Case No. 350 of 2007, which is pending in the court of the learned Chief Judicial Magistrate, Pakur.2. The first information report was lodged at the instance of the informant, namely, Baso Baski, daughter of Ram Baski alleging therein that after proposal of marriage between the petitioner and the informant, the petitioner took her to his house where t...


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