Court : Jharkhand
Reported in : [2005(3)JCR357(Jhr)]
1. On 21st November, 1946, the erstwhile Raja of Ramgarh executed a lease in favour of Bokaro and Ramgarh Limited in respect of 4299.84 acres of land for a period of 999 years for colliery purposes. The lease was to be effective from 1st March, 1946. Subsequently, on 23rd January, 1947, the lessee, Bokaro and Ramgarh Limited, granted a sub-lease of the demised lands to West Bokaro Limited on the same terms and conditions as contained in the head lease.2. In 1950, the Bihar Land Reforms Act was enacted and the same came into force in the State of Bihar on 25th September, 1950. The said Act provided for transfer of estates and tenures in the State and Section 10, inter alia, provided that notwithstanding anything contained in the Act, where immediately before the date of vesting of the estate or tenure there was a subsisting lease of mines or minerals comprised in the estate or tenure or any part thereof, the whole or that part of the estate or tenure comprised in such lease would, with ...
Tag this Judgment!Court : Jharkhand
Reported in : (2003)185CTR(Jharkhand)384; [2003]262ITR289(Jharkhand); [2003(3)JCR4(Jhr)]
P.K. Balasubramanyan, C.J.1. When this writ petition came up for admission on the adjourned date, it was submitted by the counsel for the parties that the pleadings are complete and the writ petition itself may be heard and finally disposed of. Accordingly, we have heard the writ petition in full and the judgment is being pronounced thereon.2. The petitioner is the Adityapur Industrial Area Development Authority, a body corporate under the Bihar Industrial Area Development Authority Act, 1974 having perpetual succession and a common seal. The petitioner challenges Annexure-P/1 issued by the Deputy Commissioner of Income Tax, T.D.S. Circle, Jamshedpur to the Central Bank of India, the Petitioner's Banker. Admittedly, interest as due to the petitioner from Central Bank of India on the fixed deposits of the petitioner in the Bank. In view of the amendment brought to Section 10(20) of the income Tax Act by the Finance Act 2002 explaining which are the local authorities whose incomes are no...
Tag this Judgment!Court : Jharkhand
Reported in : 2008(57)BLJR153
Amareshwar Sahay, J.1. The petitioner, who is the Police Officer, has filed this application for quashing of the order taking cognizance dated 24/08/2004 for the offence under Suctions 323, 355 and 504 IPC as well as the entire criminal prosecution against him.2. The facts, in short, are that a complaint petition was filed in the Court of the Chief Judicial Magistrate, Palamau by O.P No. 2 Sudhir Kumar Choubey against the petitioner alleging therein that the complainant was an Advocate of Daltonganj whereas the accused/petitioner was the Officer-in-Charge of G.R.P., Garhwa Road. The accused knowing fully well that the complainant was an Advocate, arrested him on 28/04/2004 at Rehla Bazar Chowk and brought him under handcuff to G.R.P., Garhwa, where he was assaulted, abused and insulted by the accused/petitioner. On the basis of the said allegations, it was prayed by the complainant to take cognizance against the accused for the offence under Sections 323, 355, 504, 352 and 506 IPC. The...
Tag this Judgment!Court : Jharkhand
Reported in : AIR2003Jhar64; [2003(1)JCR641(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. In both the cases, as common question of law involved, they were heard together and are being disposed of by this common order.2. Petitioner, Sanjay Lodha of WP (C) No. 514 of 2002 has challenged the seizure made on 2nd January, 2002 and Confiscation Proceeding No. 3 of 2002 Initiated against him, 362 bags of chiraunji containing 27,150 Kilograms having seized from the godown of said petitioner.The other petitioner, namely, Raj Kumar Mishra of WP (C) No. 532 of 2002 has challenged the seizure made on 31st December, 2001, as also the confiscation proceeding No. 2 of 2002 initiated against him in which notice issued on 2nd January, 2002 on the ground of seizure of 1,145 bags of chiraunji containing 80,150 Kilograms and 70 bags of gond containing 4,900 Kilograms.3. The main plea taken by the petitioners is that chiraunji or the gond are not forest produce within the meaning of Section 2(4) of the Bihar Forest Produce (Regulation of Trade) Act, 1984 (Bihar Act ...
Tag this Judgment!Court : Jharkhand
Reported in : 2002CriLJ2311
Vikramaditya Prasad, J.1. This writ application has been filed under Articles 226 & 227 of the Constitution for quashing the order of detention passed against the petitioner by the District Magistrate, West Singhbhum, Chaibasa, in exercise of the powers under Section 12(2) of the Bihar Control of Crimes Act, 1981, Annexure-1 and the order of approval of the aforesaid detention order by the Government of Jharkhand, vide Annexure-3, and the order of the State Government passed under Section 20(1) read with Section 22 of the Bihar Control of Crimes Act, 1981 (hereinafter referred to as the Act) by which the detention of the petitioner was ordered to be till 6.6.2002, vide Annexure-5.2. The petitioner used to work a a petty Contractor and Sub- Contractor and was residing at Ranchi. He was an accused in the murder case of one Bijay Singh Soi, a Former M.P. and he was convicted by the Sessions Judge and his appeal against conviction is pending in the High Court and the petitioner had remaine...
Tag this Judgment!Court : Jharkhand
Reported in : [2006(3)JCR45(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. In this writ petition, the petitioner has prayed for quashing of the order dated 21.7.2001 of the Authorised Officer-cum-DFO., Dhanbad directing to confiscate the truck bearing Registration No. BR20B-4829 belonging to the petitioner, the order dated 27.8.2004 passed by the Collector, Dhanbad, dismissing the confiscating appeal filed by the petitioner and also the order dated 16.2.2005, i.e. the order of Revisional Authority who rejected the revision petition filed by the petitioner.3. It appears that on 24.7.1998, in front of a line hotel at Kandra within Gobindpur P.S. Dhanbad a Truck bearing registration No. BR20B-4829 loaded with Kendu leaves was seized by the Police on the ground that in the seized Truck, without any valid license kendu leaves were being transported in violation of Section 5 of Bihar Kendu Leaves (Control of Trade) Act, 1973 punishable under Section 16 of the said Act. Thereafter, a confiscation proceeding was initia...
Tag this Judgment!Court : Jharkhand
Reported in : [2003(3)JCR602(Jhr)]
Lakshman Uraon, J.1. Both these Crl. Misc. Petitions arise out of the single order passed by learned S.D.J.M., Jamshedpur in Complaint Case No. 720 of 2000 whereby and whereunder learned S.D.J.M. took cognizance of the offence under Section 406, IPC and Sections 3 and 4 of the Dowry Prohibition Act. In view of this fact, both these criminal misc. petitions are being disposed by a single order.2. O.P. No. 2 Kamala Pd. Oza of both the criminal misc. petitions filed complaint case against the petitioners of both the criminal misc. petitions alleging therein that he (complainant) met Praful Joshi and his wife Smt. Anusuiya Joshi @ Annu, both petitioners in Crl. M.P. No. 322 of the 2003, at Jamshedpur in a social function and desired to search a bridegroom for his unmarried daughter Nailini Oza, aged about 20 years. The petitioners expressed their desire that they are also in search of a suitable bride for their son. Accordingly they agreed for marriage negotiation of the son of petitioners...
Tag this Judgment!Court : Jharkhand
Reported in : [2001]250ITR508(Jharkhand)
V.K. Gupta, C.J.1. A very short point is involved for consideration in this case. The petitioner challenges the initiation of proceedings under Section 147 of the Income-tax Act and with regard to the issuance of the notices in terms of Section 148 of the Income-tax Act, 1961, on the ground that the Assessing Officer has wrongly obtained the approval of the Joint Commissioner before issuing the impugned notices whereas he should have obtained the approval of the Board because that was the requirement of law as it stood in the year 1988 relating to the assessment year 1988-89.2. Admittedly, the petitioner received a notice in terms of Section 148 of the Income-tax Act, 1961 (the notice is dated December 8, 1998), whereby the petitioner was informed by the Assessing Officer that he had reasons to believe that his income chargeable to tax for the assessment year 1988-89 had escaped assessment within the meaning of Section 147 of the Act and that, therefore, the Assessing Officer proposed ...
Tag this Judgment!Court : Jharkhand
Reported in : [2006(4)JCR644(Jhr)]
D.K. Sinha, J.1. This Cr. Revision application has been preferred by the petitioners herein for setting aside the order impugned dated 23.9.2005 passed by Sri. Gopal Pandey Judicial Magistrate, Ist Class Godda in G.R. No. 109 of 1997 corresponding to T.R. No. 1074 of 2005 whereby and whereunder Section 307/149 of the Indian Penal Code was added on the petition of the informant under Section 323 of the Code of Criminal Procedure for commitment to the court of Sessions.2. The brief fact of the case as it stands narrated in the statement of the informant, Jai Kant Shukla before the police at Referal Hospital, Thakur Gangro is that when his son Pappu Shukla was sleeping on the Verandah in the night intervening 20/21-2-1997, at about 10 p.m. as many as 17 named accused persons, alleged to be the members of the extremists organization, self styled as the 'group of Shanti Pal' kidnapped Pappu Shukla. At that time the informant was sleeping at some distance on a different Chowki who out of fea...
Tag this Judgment!Court : Jharkhand
Reported in : [2006(1)JCR206(Jhr)]
M.Y. Eqbal, J.1. The petitioner has filed the instant writ petition challenging the show cause notice dated 22.11.2003 issued under the signature of Registrar (Vigilance), Jharkhand High Court, Ranchi whereby petitioner was directed to show cause as to why recommendation should not be made for removing him from the post of Public Prosecutor.2. During pendency of the writ petition, the petitioner has been served with an order as contained in letter dated 9th February, 2004 issued by the Secrctary-cum-Law Advisor to the Government of Jharkhand whereby his appointment as Public Prosecutor, Chatra has been cancelled. The said order has also been challenged by filing amendment petition.3. Petitioner's case is that he was appointed as Public Prosecutor in the District of Chatra by the Government of Jharkhand vide letter dated 28th September, 2002 and since then he was discharging his duties as Public Prosecutor. It is stated by the petitioner that he was shocked and surprised to receive a sh...
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