Gunadhar Singh vs Dhonibala Singh & Anr
2022 Latest Caselaw 2302 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          F.A. No. 52 of 2021
        Gunadhar Singh                           --- --- Appellant
                                       Versus
        Dhonibala Singh & anr.                   --- --- Respondents

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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE DEEPAK ROSHAN

For the Appellant : Mr. Lalit Yadav, Advocate For the Respondents :

03/28.06.2022 In order to remove defect no. 6, let the impugned judgment and decree be sent to the court of learned Principal Judge, Family Court, Jamtara forthwith. Learned Family Court after carrying out such correction shall return the corrected judgment and decree within one week, thereafter.

Learned counsel for the appellant is allowed 3 weeks' time to remove the following surviving defects:

1. Provision of law may be corrected at page no. 1

2. Decree sign date may be corrected at page no., at index, para no.01, 02, aggrieved and prayer portion.

3. Word 'rule' is missing at the certificate.

4. Memo of this appeal may be affidavited

5. District name is missing at page no.1.

7. Case No. may be given at page no. 01 at index, memo at second set.

Office to place the file for inspection and removal of defects on requisition being made within this time.

(Aparesh Kumar Singh, J.)

(Deepak Roshan, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No. 53 of 2021 Sudhangshu Das @ Sudhanshu Das --- --- Appellant Versus Kabita Devi & anr. --- --- Respondents

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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE DEEPAK ROSHAN

For the Appellant :

For the Respondents :

06/28.06.2022 Learned counsel for the appellant is allowed 3 weeks' time to remove the following surviving defects, failing which, this appeal shall stand rejected without further reference to the Bench:

1. Name of district below the cause title is missing.

2. Word 'application' may be suitably amended at provision of law.

3. Word 'criminal revision' may be corrected at Index.

4. Word 'petition' & 'petitioner' may be corrected at above para 1 and at affidavit & vakalatnama.

5. Prayer for stay may be deleted from prayer portion and separate I.A. may be filed for the said purpose.

6. Certificate may be filed.

7. Annexures may be made certified to be true.

8. 2nd set of memo may be filed.

9. Limitation petition may be filed.

10. True certified legible copy of page no. 27 may be filed.

11. Signature of Ld. Counsel is missing at presentation form.

Office to place the file for inspection and removal of defects on requisition being made within this time.

(Aparesh Kumar Singh, J.)

(Deepak Roshan, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No. 62 of 2021 Nebu Lal Murmu @ Nibu Lal Murmu --- --- Appellant Versus Hiramoni Soren --- --- Respondent

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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE DEEPAK ROSHAN

For the Appellant :

        For the Respondent    :


03/28.06.2022       Learned counsel for the appellant is allowed 4 weeks' time to

remove the following surviving defects:

1. C.C. of judgment of family court may be filed with A.F of Rs. 10/- only.

2. C.C. of decree of Family Court may be filed with A.F of Rs.15/- only.

4. Word 'petition' may be amended at page no. 02.

Office to place the file for inspection and removal of defects on requisition being made within this time.

(Aparesh Kumar Singh, J.)

(Deepak Roshan, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No. 68 of 2021 Pinki Kumari --- --- Appellant Versus Ravi Kumar --- --- Respondent

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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE DEEPAK ROSHAN

For the Appellant : Mr. Binod Kumar Jha, Advocate For the Respondents :

03/28.06.2022 Defect no. 3 is ignored. Learned counsel for the appellant is allowed 2 weeks' time to remove the following surviving defect, failing which, this appeal shall stand rejected without further reference to the Bench:

6. Page no. 16 to 22 has not been described in sub para of the memo. Ld. Counsel may verify.

Office to place the file for inspection and removal of defect on requisition being made within this time.

(Aparesh Kumar Singh, J.)

(Deepak Roshan, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(T) No. 2722 of 2022 M/s Bokaro Transport Company --- --- Petitioner Versus The State of Jharkhand & anr. --- --- Respondents

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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner : Mr. N.K. Pasari, Advocate For the Respondents : Mr. P.A.S. Pati, G.A.-II

04/28.06.2022 Learned counsel for the petitioner submits that defect no.4 has already been removed by filing relevant typed copies.

Office to verify.

Learned counsel for the respondent State submits on instructions that GST DRC 07 has not been issued, though appeal could be maintainable against the adjudication order contained in the Form GST MOV-09. He has referred to the Circular no. 41/15/2018-GST dated 13.04.2018 issued by the Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs, GST Policy Wing and Circular No. 41/2018 dated 20.04.2018 issued by the Commercial Taxes Department, Govt. of Jharkhand. Perusal of Circular No. 41/2018 at para 2(v) shows that a summary of every order in FORM GST MOV-09 and FORM GST MOV-11 shall be uploaded electronically in FORM GST- DRC-07 on the common portal.

Learned counsel for the petitioner submits that without issuance of GSTIN, petitioner being the owner or even the driver are not in a position to file their appeal electronically. Petitioner's vehicle is still lying in detention. Besides that he has taken the plea of maintainability of the writ petition on account of violation of principles of natural justice and the procedure requiring minimum 7 days' time to respond to the show cause notice in GST MOV-07.

Learned counsel for the respondent State prays for and is allowed time to file counter affidavit latest by 05.07.2022. List this case on 06.07.2022.

(Aparesh Kumar Singh, J.)

(Deepak Roshan, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No. 277 of 2018 Kadmi Devi (Deaf and Dumb) --- --- Appellant Versus Smt. Jhilia Devi & others --- --- Respondents

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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE DEEPAK ROSHAN

For the Appellant : Mr. Manoj Kr. No.4, Advocate For the Respondent No.1 to 3 : Mr. Lalit Yadav, Advocate

15/28.06.2022 Service report of notice on the proposed legal heirs of the deceased respondent no. 5 indicates that notices have been served upon proposed respondent no. 5(i) and 5(ii) through their daughter-in-law and wife respectively. Signed A/D has also been returned. As such, service is treated as valid.

Learned counsel for the appellant however undertakes to supply the second copy of I.A. No. 1977 of 2022 seeking substitution by tomorrow. Let the matter appear on next Tuesday i.e., 05.07.2022.

(Aparesh Kumar Singh, J.)

(Deepak Roshan, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Tax Appeal No. 32 of 2020 With Tax Appeal No. 33 of 2020 With Tax Appeal No. 34 of 2020 The Principal Commissioner of Income Tax, Ranchi --- --- Appellant (in all cases) Versus M/s Urmila RCP Projects Pvt. Ltd. --- --- Respondents (in all cases)

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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE DEEPAK ROSHAN For the Appellant : Ms. Amrita Sinha, Advocate For the Respondent :

06/28.06.2022 Even after sufficient indulgence granted by order dated 27.04.2022 and 06.06.2022, learned counsel for the appellant Ms. Amrita Sinha submits that relevant records have not been traced in order to file the desired affidavit. The assessment proceedings relate to Circle-I, Ranchi. This does not reflect the ideal state of affairs. Learned counsel prays for one more indulgence.

By way of last indulgence, matter is adjourned to be listed on 13.07.2022. If the desired affidavit is not filed by the next date, concerned Assessing Officer shall be called to appear in person.

(Aparesh Kumar Singh, J.)

(Deepak Roshan, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI First Appeal No. 65 of 2020 Krishna Chandra Kumar --- --- Appellant Versus Laxmi Kumari --- --- Respondent

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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE DEEPAK ROSHAN

For the Appellant : Mr. Abhishek Kumar Dubey, Advocate For the Respondent :

06/28.06.2022 Notice upon the sole respondent has been served personally as per the service report. However, the respondent has not yet entered appearance.

Since the respondent is a female, she is covered under the definition of 'person' under Section 12(c) of the Legal Services Authority Act, 1987. As such, the Secretary, District Legal Services Authority (DLSA), Seraikella- Kharsawan shall make necessary inquiry from the respondent as to whether she is in need of legal aid. In case, she makes such an application, the same be processed in accordance with law and a report to that effect be also furnished within a period of two weeks. Let the details of the respondent, Original Suit number and designation of the Court as also the present appeal number be incorporated in the communication to the Secretary, DLSA, Seraikella- Kharsawan by the Registry for undertaking the inquiry.

Let the matter be listed after 3 weeks on 21.07.2022.

(Aparesh Kumar Singh, J.)

(Deepak Roshan, J.) A.Mohanty