Jharkhand HC Seeks ED's Reply By June 10 On Ex-CM Hemant Soren's Bail Plea In Money Laundering Case

The Jharkhand High Court today sought the response of the Enforcement Directorate (ED) in a petition filed by former state Chief Minister Hemant Soren seeking regular bail in connection to a money laundering case related to a land scam.Soren, in his petition, urged for an immediate hearing on the matter, which was scheduled before the bench of Justice Rongon Mukhopadhyay today. He pleaded...

Ex-CM Hemant Soren Moves Jharkhand High Court Seeking Regular Bail In Money Laundering Case, Hearing Tomorrow

Hemant Soren, the former Chief Minister of Jharkhand, has filed a fresh application in the Jharkhand High Court seeking regular bail in connection to a money laundering case related to a land scam. He has urged for an immediate hearing on the matter, which is scheduled before the bench of Justice Rongon Mukhopadhyay on Tuesday.Soren has been in judicial custody since his arrest by the...

Summons In Criminal Cases Can't Be Issued Against Person's Position, 'A Post Is Not A Juridical Person': Jharkhand High Court Reiterates

The Jharkhand High Court has reiterated that summons in a criminal case to face trial cannot be issued against positions or posts, as a post is not a juridical person. Therefore, the Court stated that taking cognizance without naming any individual responsible for the alleged criminal act is not sustainable in law.Justice Anil Kumar Choudhary, presiding over the case observed, "summons in...

Courts Can't Grant Refund Of Earnest Money If Not Specifically Prayed For In Specific Performance Suit: Jharkhand High Court

The Jharkhand High Court has observed that, in a specific performance suit, the Courts cannot grant relief of refund of earnest money if it is not specifically prayed for. “Since the plaintiffs in the plaint in itself has not sought the alternate relief for refund of the earnest money or the further amount so paid, the Court cannot give direction for refund of the said amount to...

Relief To Flat-Owners: Jharkhand High Court Rejects Appeal By Builder, Landowners Attempting To "Grab" Area Earmarked For Common Facilities

Holding that flat-owners are "entitled" to enjoy common facilities, the Jharkhand High Court has dismissed an appeal preferred by builder VKS Realty against quashing of new building plan which permitted construction over 46 kathas common area of Ratan Heights, a residential complex in Morabadi.The division bench of Acting Chief Justice S Chandrashekhar and Justice Arun Kumar Rai said the...

Existence Of Arbitration Clause Doesn't Automatically Bar Criminal Proceedings: Jharkhand High Court

The Jharkhand High Court bench of Justice Sanjay Kumar Dwivedi held that held that the existence of an arbitration clause does not automatically bar criminal proceedings. It held that quashing of cognizance or proceedings, as well as the initiation of arbitral proceedings related to commercial transactions, are not determinative factors. The bench held that merely because there...

Jharkhand HC Imposes ₹1K Fine On Rahul Gandhi For Delayed Response In Plea Challenging Non-Bailable Warrant Issued Against Him For Allegedly Defaming Amit Shah

The Jharkhand High Court has imposed a fine of Rs 1,000 on Congress leader Rahul Gandhi for failing to file his response within the stipulated time in a case challenging a non-bailable warrant issued against him for allegedly defaming Amit Shah. The warrant stems from alleged objectionable remarks Gandhi made against Union Home Minister Amit Shah.Justice Anil Kumar Choudhary, presiding over...

[MMDR Act] Deputy Commissioner-Cum-District Magistrate Not Competent Authority To Order Confiscation Of Commercial Vehicle: Jharkhand High Court

The Jharkhand High Court has ruled that the Deputy Commissioner-cum-District Magistrate is not a competent authority to order the confiscation of a commercial vehicle. Justice Rajesh Kumar presiding over the case observed, “Considering the fact that the Deputy Commissioner -cum- District Magistrate is not a competent authority to pass the order of confiscation. Accordingly, the order...

Jharkhand High Court Advocates' Association Ends Strike As Division Bench Stays Order Debarring Lawyer

Jharkhand High Court Advocates' Association (JHCAA) today concluded its strike following a Division Bench order staying the debarment of a lawyer. Exercising its authority under Article 215 and 226 of the Constitution coupled with Section 14 of the Contempt of Court Act, bench of Justice Rajesh Kumar on May 15 suspended the license of a lawyer and barred him from entering the High...

Presumption Of Guilt U/S 113B Evidence Act Inapplicable When All Ingredients Of Dowry Death U/S 304B IPC Not Proved By Prosecution: Jharkhand HC

The Jharkhand High Court has emphasized that for the statutory presumption under Section 113B of the Indian Evidence Act to apply, the prosecution must establish through evidence that the deceased faced cruelty or harassment related to dowry shortly before her unnatural death in her marital home. This presumption, the Court stated, is only triggered when all the elements of the offense...

Jharkhand High Court Conducts Orientation-Cum-Workshop On Gender Sensitization

The Jharkhand High Court successfully concluded an Orientation-cum-Workshop on Gender Sensitization with a focus on the Procedure of Redressal of Sexual Harassment of Women at Workplace on May 10.The workshop was conducted by the High Court of Jharkhand Gender Sensitization and Internal Complaints Committee under the aegis of the High Court of Jharkhand. Distinguished guests and...

S. 106 Evidence Act | Unless Prosecution Proves Case Beyond Reasonable Doubt, Burden Of Proof Can't Be Shifted To Accused: Jharkhand High Court

In a recent ruling, the Jharkhand High Court overturned the judgement of a trial court in a murder case, emphasizing the necessity for the prosecution to establish its case beyond reasonable doubt. The Court observed that unless the prosecution proves its case beyond reasonable doubt, the burden of proof cannot be shifted onto the accused, as stipulated under section 106 of the Evidence Act....