Private Party Can't Seek Punishment For Contempt Of Court Without Prior Written Consent Of Advocate General: Jharkhand High Court Reaffirms

The Jharkhand High Court dismissed a contempt petition filed by an advocate, observing that it was not maintainable under the Contempt of Courts Act as the petitioner lacked locus and failed to fulfil mandatory requirements for initiating such proceedings.Justice Sanjay Kumar Dwivedi, in its decision, observed, “It is well settled if a private party seeks punishment for contempt of Court, he can file a petition only under Section 15 of the said Act with prior written consent of the learned...

Principle Of Res Judicata Bars Second Amendment Application Seeking Identical Reliefs: Jharkhand High Court

The Jharkhand High Court in a recent judgement has reiterated that an order passed at one stage of a proceeding bars the reconsideration of the same issue at a later stage.The Court placed reliance on the Apex Court's ruling in the case of Satyadhyan Ghosal v. Smt. Deorjin Debi (AIR 1960 SC 941), emphasising that a decision rendered earlier in a case precludes the reconsideration of the same matter in subsequent applications.Justice Subhash Chand, presiding over the case, stated, “An order at...

Can't Curtail Or Play With A Citizen's Liberty By Detaining Him On Pretext Of Holding Fair Polls: Jharkhand High Court

Last week, the Jharkhand High Court observed that a person can't be detained on the grounds that the same is necessary for the proper conduction of Assembly Elections. “If this becomes a ground, then the same will amount to giving unbridled, uncanalised sweeping power to the administration to detain any person under the Act during the time of election, it will be nothing, but playing...

Amendment To Affidavit For Incorporating Statement Of Truth Impermissible: Jharkhand High Court

The Jharkhand High Court has reiterated that an amendment to the affidavit in a commercial suit pleading, seeking to incorporate a statement of truth, is impermissible under the provisions of the Commercial Courts Act, 2015.The Court emphasised that the statement of truth must be filed in the prescribed format under Rule 15A of the Act, and cannot be amended by altering the affidavit annexed...

Jharkhand High Court Rejects Intervenor's Plea To Join Property Dispute, Reiterates Agreement To Sell Confers Only Preferential Right, Not Ownership Title

In a recent ruling, the Jharkhand High Court has reiterated that an agreement to sell does not confer any titles or ownership rights in a property, rather, it only confers preferential rights to the person in the favor of whom the agreement is executed.Justice Subhash Chand, presiding over the case, emphasized, “it is the settled law that agreement to sell does not confer any title, it...

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms

In a recent judgement, the Jharkhand High Court has reiterated that a conviction and sentence can be based on the testimony of a solitary witness if it inspires confidence and is wholly reliable.Finding weight in the argument advanced on behalf of the appellants, the division bench of Justice Ananda Sen and Justice Gautam Kumar Choudhary observed, “I find weight in the argument advanced...

Trial Courts Must Conduct Summary Inquiry Under O.22 R.5 CPC To Ascertain Legal Heirs In Disputes: Jharkhand High Court

The Jharkhand High Court in a judgment delivered recently emphasised the mandatory nature of conducting a summary inquiry under Order 22 Rule 5 of the Civil Procedure Code (CPC) when disputes arise regarding the legal heirs of a deceased plaintiff or defendant.Justice Subhash Chand, presiding over the case, held: “Where there is dispute in regards to legal heirs of deceased plaintiff...

Jharkhand HC Reduces Interest Rate, Compensation By MACT To Family Of Deceased 50-Year-Old, Cites Excessive Award Under Conventional Head

The Jharkhand High Court has slashed the interest rate on compensation awarded to the family of a 50-year-old barber who was struck by a mini-bus, ruling that the 12% annual interest granted by the Motor Accident Claims Tribunal (MACT), Dumka, was excessive.Justice Subhash Chand, presiding over the case, reduced the interest rate to 7.5%, stating, “The impugned Award passed by the...

Jharkhand HC Sentences Cops For Unlawful Arrest Of Flipkart Employees Over Alleged OTP Misuse, Says Arnesh Kumar Guidelines Were Ignored

Recently, the Jharkhand High Court has charged two police officers with criminal contempt for unlawfully arresting two Instakart employees, in agency which acts as a logistics arm within the Flipkart Group of Companies, in violation of Supreme Court guidelines set out in Arnesh Kumar v. State of Bihar.A Division Bench comprising Chief Justice M.S. Ramachandra Rao and Justice Deepak...

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court

The Jharkhand High Court has under Order 23 Rule 2 of the Civil Procedure Code (CPC), the limitation period for a fresh suit instituted with court permission applies as if the original suit had never been filed.Order 23 CPC pertains to withdrawal and adjustment of suits wherein Rule 2 states that in any fresh suit instituted on permission granted under the last preceding rule, the plaintiff...

Delayed Payment Of Gratuity, Employer Liable To Pay 10% Interest As Per Central Government Notification : Jharkhand HC

A single judge bench of the Jharkhand High Court comprising of Justice Anubha Rawat Choudhary held that employers are liable to pay interest at 10% rate if they delay in payment of gratuity, as per the notification issued by the Central Government in consonance with Section 7 (3-A) of the Payment of Gratuity Act, 1972. Background Facts The respondent employee was working for the...

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father

Highlighting that a custody order, unless challenged or modified by a higher court, must be respected, the Jharkhand High Court upheld a family court's order granting custody of a minor boy to his father. In doing so the high court further observed that there was nothing to suggest that the welfare of the minor was in any peril in the hands of the father. The Court interacted with the mother...