Allowed

Birendra Kumar Pandey v. State of Jharkhand

Jharkhand HC21 Aug 2018C.M.P./74/2018

Case brief

AI extract

What is this about?

Oral order granting restoration of a civil miscellaneous petition dismissed for default and allowing an interlocutory application for condonation of delay. Petitioner to deposit costs for Juvenile Justice and Legal Services Authority programmes.

What did the court decide?

Delay of 44 days condoned; L.P.A. No.600 of 2016 restored with two weeks to remove defects; costs of Rs.2,500 and Rs.5,000 imposed for donation.

Birendra Kumar Pandey Vs State of Jharkhand — Civil Procedure and Limitation | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P No.74 of 2018 With I.A. No.2548 of 2018

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Birendra Kumar Pandey S/o Krishna Pandey, Aged about 48 resident of village – Banahi, P.O. - Banahi, P.S. - Shahpur Patti, District – Bhojpur (Bihar) ….. Petitioner

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Versus

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1. State of Jharkhand

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2. The Director General cum Inspector General of Police, Jharkhand, Ranchi, Police Headquarter, P.O + P.S. - Dhurwa, District – Ranchi.

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3. Deputy Inspector General of Police, Jharkhand Armed Police, Ranchi, P.O + P.S – Dhurwa, District – Ranchi.

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4. Commandant, Jharkhand Armed Police – 04, Bokaro Steel City, P.O + P.S & District – Bokaro Steel City.

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..... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE D. N. PATEL HON'BLE MR. JUSTICE AMITAV K. GUPTA

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For the Petitioner : Mr. Shresth Gautam, Advocate For the O.Ps. : J.C to A.G. ---------

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05/Dated: 21st August, 2018 Oral Order Per D.N. Patel, J.

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I.A. No.2548 of 2018

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1. This interlocutory application has been preferred under Section 5 of the Limitation Act for condonation of delay of 44 days in preferring the Civil Miscellaneous Petition.

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2. Having heard counsels for both the sides, and looking to the reasons stated in this interlocutory application, especially, in paragraph nos.8, 9 and 10, there are reasonable reasons for condonation of delay. We therefore, condone the delay in preferring the Civil Miscellaneous Petition, subject to payment of cost of Rs.2,500/(Rupees two thousand and five hundred) .

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3. This amount will be deposited by this applicant before the Secretary, Department of Women and Child

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Development & Social Welfare, Government of Jharkhand, Ranchi towards the Juvenile Justice Fund. This amount will be deposited in Bank A/c No.3734498462-5, Jharkhand Juvenile Justice Fund, State Bank of India, Project Bhawan, Hatia, either by cheque or bank draft, within a period of six weeks from today towards Juvenile Justice Fund. The aforesaid amount shall be utilized for the welfare of the juveniles as per the duties assigned to the State under the Juvenile Justice (Care and Protection of Children) Act, 2015.

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4. Copy of this order will be sent by the Registrar General of this Court to :-

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(a) the Secretary, Department of Women and Child Development & Social Welfare, Government of Jharkhand, Ranchi, and

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(b) the Member Secretary, Jharkhand State Legal Services Authority, Nyaya Sadan, Doranda, Ranchi.

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5. I.A. No. 2548 of 2018 is allowed and disposed of.

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C.M.P No.74 of 2018

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6. This Civil Miscellaneous Petition has been preferred for restoration of L.P.A. No.600 of 2016.

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7. Having heard counsels for both the sides, and looking to the facts and circumstances of the case, it appears that L.P.A. No.600 of 2016 was dismissed for default for want of removal of office defects vide order dated 24.11.2017 w.e.f. 08.12.2017, because the defects were to be removed within a certain period.

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8. For the reasons assigned in this Civil Miscellaneous petition, especially, in paragraph nos.7 and 8, We,

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hereby, recall the order passed in L.P.A. No.600 of 2016 dated 24.11.2017. L.P.A. No.600 of 2016 is restored to its original file.

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9. Time to remove the office defects in L.P.A. No.600 of 2016 is granted for further period of two weeks from today. If the office defects are not removed within the said period, again L.P.A. No.600 of 2016 shall be deemed to have been dismissed automatically.

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10. The Civil Miscellaneous Petition is allowed with a cost of Rs.5,00/- (Rupees five hundred), which will be deposited by this applicant before the Member Secretary, Jharkhand State Legal Services Authority, Nyaya Sadan Doranda, Ranchi, within a period of six weeks from today.

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11. This amount shall be utilized towards the programme 'Access to Justice' .

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12. The Civil Miscellaneous Petition is allowed and disposed of.

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(D. N. Patel, J.)

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(Amitav K. Gupta, J)

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Chandan - Biswas/-

Birendra Kumar Pandey v. State of Jharkhand

Case brief

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Birendra Kumar Pandey v. State of Jharkhand

Case brief

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