Cognizance Of Cheque Dishonour U/S 138 NI Act Can Be Taken Only Upon A Written Complaint: Jharkhand High Court Reiterates

While hearing a cheque bouncing case, the Jharkhand High Court has reaffirmed that cognizance of offences under Section 142 of the Negotiable Instruments (NI) Act does not require a report to the police nor empowers the court to direct the police to investigate the complaint. The court further clarified that under Section 142(1)(a) of the NI Act the cognizance of an offence punishable under Section 138 for cheque dishonour can only be taken upon a written complaint.Justice Anil Kumar Choudhary,...

Jharkhand High Court Awards Compensation Under 'Future Prospects' Head For Death Of 33-Year-Old Homemaker In Motor Accident

While enhancing the compensation awarded to the family of a 33-year-old woman who died on the spot in a road accident, the Jharkhand High Court observed that future prospects must be factored into the assessment of her contribution to the household.Modifying the compensation awarded by the Motor Vehicles Accident Claims Tribunal from Rs. 3,84,000 to Rs. 5,69,600, the court observed that it would be appropriate to add 40% of income as future prospect while assessing the compensation...

MACT Erred In Categorizing Skilled Mason As Semi-Skilled Worker Under Jharkhand Minimum Wage Notification: High Court Enhances Award

The Jharkhand High Court has rectified an error in the computation of compensation awarded by the Motor Accident Claims Tribunal (MACT), Bokaro by assessing the income of the deceased, a mason, as that of a semi-skilled worker, contrary to the classification in the Jharkhand Minimum Wage Notification.Justice Subhash Chand, presiding over the case, observed, “the learned Tribunal has held...

[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation

The Jharkhand High Court has upheld the award of ₹11,45,932 granted by the Motor Accident Claims Tribunal (MACT), Dhanbad, to the widow of a carpenter who succumbed to injuries sustained in a fatal motorcycle accident.The court emphasised that failure of the insurance company to summon key witnesses or rebut the evidence presented by the claimants resulted in an adverse inference being...

[S.138 NI Act] Not Making Company Separate Accused In Cheque Bouncing Complaint Isn't Fatal To Prosecution Case: Jharkhand HC

The Jharkhand High Court dismissed a petition filed by the Director of a company seeking to quash criminal proceedings for cheque bouncing under Section 138 of the Negotiable Instruments Act and said that not making the company a separate accused in the complaint would not be fatal for the prosecution. The Court noted that while the company that issued the cheque was not named as an accused,...

S.60 Indian Evidence Act | Person Who Has Seen Or Heard A Fact Can Be Said To Provide Direct Evidence: Jharkhand High Court

The Jharkhand High Court has upheld the murder conviction of a constable, emphasising the reliability of direct evidence under Section 60 of the Evidence Act. The Court clarified that testimony from an eyewitness who directly observed or heard a fact constitutes direct evidence.The division bench of Justice Ananda Sen and Justice Gautam Kumar Choudhary noted, “Informant is a direct eye...

Departmental Proceedings Must Adhere To Governing Rules, Some Evidence Must Be Proved Against The Delinquent: Jharkhand High Court

While hearing a service law matter, the Jharkhand High Court has reiterated that departmental proceedings must adhere to established rules and some sort of evidence is required to be proved against the delinquent.In doing so, the court further noted that the departmental enquiry report concerning the petitioner–who was accused of mismanagement of funds and dismissed from service, did not...

Jharkhand HC Fines Man Rs. 1 Lakh For Filing 'Misconceived' Application In Pending Plea Of BJP MP Nishikant Dubey In Alleged Fraud Case

Dismissing an application moved by a man alleging that the counsel appearing for BJP MP Nishikant Dubey in an ongoing criminal writ petition, had appeared for the former and their professional relationship had continued, the Jharkhand High Court imposed a cost of Rs 1 Lakh finding the plea to be "misconceived" and filed with an "ill motive" to obstruct judicial proceedings.A single judge bench...

Quality Of Evidence And Not Number Of Witnesses Determine Credibility: Jharkhand High Court Upholds Conviction In Witchcraft-Related Murder

The Jharkhand High Court has ruled that the credibility of a witness's testimony depends not on the number of witnesses but on the quality of evidence presented.The division bench comprising Justices Ananda Sen and Gautam Kumar Choudhary highlighted, “To rely or not to rely on the evidence of a witness, is the question which every Court is confronted with while appreciating evidence....

Court Has More Responsibility To Read Between Lines To Prevent Harassment Of Innocent: Jharkhand HC While Quashing Rape & SC/ST Charges

The Jharkhand High Court has dismissed the criminal proceedings, including a rape charge, against Sunil Tiwari, political adviser to Jharkhand BJP chief Babulal Marandi, citing "abuse of process of law."Justice Sanjay Kumar Dwivedi, presiding over the case, noted that while the High Court is generally cautious in deciding whether a case has merit, it also has a duty to prevent...

Compassionate Appointment On Father's Death In Motor Accident Doesn't Affect Right To Compensation Under MV Act: Jharkhand High Court

The Jharkhand High Court, in a recent appeal filed by the New India Assurance Company, upheld the entitlement of the deceased's legal heirs to compensation under the Motor Vehicles Act, notwithstanding the compassionate appointment of the deceased's son following his death in a motor accident.A single bench of Justice Subhash Chand observed, “The provision of the compassionate appointment...

Consumer Commission Must Decide Issue Of Pecuniary Jurisdiction Before Proceeding On Merits: Jharkhand High Court

In a plea concerning a matter entertained by the district consumer disputes redressal commission without first deciding issue of pecuniary jurisdiction, the Jharkhand High Court reiterated that this issue must be decided first by a court or a tribunal before proceeding further. The court also emphasized the supervisory role of High Courts under Article 227 of the Constitution to intervene...