S.26 Specific Relief Act | Without Any Rectification In Registered Instruments, Revenue Records Can't Be Corrected: Jharkhand High Court

The Jharkhand High Court while expounding on Section 26 of the Specific Relief Act, 1963, has emphasized that rectification of an instrument is imperative if the true intention of the parties is not reflected due to mutual mistake.Justice Ananda Sen, observed, “Since their records were based on the registered sale deed and the settlement deed, those instrument first needs to be corrected,...

Jharkhand High Court Dismisses Contempt Proceedings Against State's Advocate General And AAG

The Jharkhand High Court has granted substantial relief to the state's Advocate General Rajeev Ranjan and Additional Advocate General Sachin Kumar, in a petition seeking initiation of criminal contempt proceedings against them. The petition stemmed from alleged remarks and conduct while seeking the recusal of Justice Sanjay Kumar Dwivedi from a matter.For context, a single bench of the High...

'Day Not Far When Lawyers Won't Need To Carry Files': Jharkhand High Court Launches Android App, QR Directory For Enhanced Judicial Accessibility

In a bid to embrace technological advancements and foster efficiency within the judicial system, the Jharkhand High Court organized a momentous program on May 8, marking the launch of an Android Mobile Application and the release of a QR Directory of e-Services.The event, graced by the presence of esteemed dignitaries including all Judges of the High Court of Jharkhand, the Advocate...

Permanent Lok Adalat Can Decide Public Utility Service Disputes Like Insurance Which Do Not Relate To Any Offence: Jharkhand HC

The Jharkhand High Court has reiterated that Permanent Lok Adalats have the jurisdiction to adjudicate disputes pertaining to insurance claims.Presiding over the case, Justice Navneet Kumar emphasized,“Permanent Lok Adalat...has right to decide the dispute which could not be settled by a settlement agreement between the parties and the dispute does not relate to any offence. Such right...

Jharkhand High Court Weekly Roundup: April 29 - May 5, 2024

Nominal Index [Citations: 2023 LiveLaw (Jha) 64-71]Anvil Cables Pvt. Ltd. v. State of Jharkhand and Ors. 2024 LiveLaw (Jha) 64Bapi Namta @ Baapi Namta v. The State of Jharkhand 2024 LiveLaw (Jha) 65Munna Sao v. State of Jharkhand 2024 LiveLaw (Jha) 66Hemant Soren v. Directorate of Enforcement 2024 LiveLaw (Jha) 67Hemant Soren v. Directorate of Enforcement & Anr. 2024 LiveLaw (Jha) 68K....

Refusal By JBVNL To Reimburse Contractor GST Impact On Indirect Transactions Violative Of Article 14: Jharkhand High Court

The Jharkhand High Court has held that the action of Jharkhand Bijli Vitran Nigam (JBVNL) offends Article 14 of the Constitution of India by refusing to reimburse contractor GST impact on indirect transactions.“This is a settled law that the state and its instrumentalities are required to demonstrate fair play in action. In “ABL International Ltd. and Another,"17 the Hon'ble Supreme...

Pensionary Benefit Earned On Account Of Meritorious Past Services, Is A Constitutional Right Of An Employee Under Article 300-A Of The Constitution: Jharkhand High Court

A division bench of the Jharkhand High Court comprising of Shree Chandrashekhar, A.C.J. and Navneet Kumar, J., while deciding Letters Patent Appeals in the case of Birsa Agricultural University vs State of Jharkhand, has held that denying pensionary benefits to an employee is to rob them of a constitutional right under Article 300A of the Constitution, as pension is earned by the...

Management Not Responsible For Accident If Workman Does Not Utilize Provided Safety Equipment: Jharkhand High Court

The Jharkhand High Court single bench of Justice Sanjay Kumar Dwivedi held that the Management could not be held responsible for the accident of a Workman in the factory premises if despite providing the safety equipment, the Workman fails to utilize it. Brief Facts: The Workman employed with BMC Metal Cast Pvt. Ltd. (“Management”) suffered an injury while working. Following...

Limitation To File Complaints Under Factories Act Is Strictly 3 Months, There Is No Provision For Condonation: Jharkhand High Court

The Jharkhand High Court single bench of Justice Sanjay Kumar Dwivedi held that the period of limitation under the Factories Act is strictly 3 months from either the date of the offence or the date on which the occurrence came to the Inspector's knowledge. Further, there exists no provision for the condonation of delay for the filing of such complaints. It was also observed that...

'Can't Wriggle Out Of Mess By Citing Political Vendetta': Jharkhand HC Dismisses Hemant Soren's Plea Against ED Arrest

The Jharkhand High Court, in its dismissal of the writ petition filed by former Jharkhand Chief Minister Hemant Soren challenging his arrest by the Enforcement Directorate (ED) in the Land 'Scam' case, asserted that he “cannot wriggle out of the mess he created for himself” by raising “bogey of political vendetta.”The division bench comprising Acting Chief Justice Chandrashekhar...

Jharkhand HC Allows Ex-CM Hemant Soren To Attend Uncle's Last Rites In Police Custody, Rejects Interim Bail Plea

Today, the Jharkhand High Court rejected the interim bail plea of former Chief Minister Hemant Soren, who is currently in jail. However, the High Court has granted him permission to participate in the last rites ceremonies of his late uncle, Raja Ram Soren.In his application, Soren prayed for grant of provisional bail in connection with an ECIR Case registered under Section 3 of the Prevention...

Taking Or Enticing Minor Out Of Guardian's Keeping Without Their Consent Amounts To Kidnapping; Minor's Consent Immaterial: Jharkhand HC

The Jharkhand High Court has ruled that escorting a minor girl to different places constitutes enticing, thus resulting in a conviction for kidnapping under Section 363 of the Indian Penal Code. It held that regardless of the minor's consent, taking or enticing the minor without their guardians consent would tantamount to kidnapping.Justice Gautam Kumar Choudhary, presiding over the bench,...