Jharkhand High Court
Proclamation | Before Exercising Powers U/S 82, 83 CrPC Court Should Be Satisfied That Accused Is Absconding: Jharkhand High Court Reiterates
The Jharkhand High Court has made it clear that before issuing a proclamation under Section 82 of the Cr.P.C, Court must adequately record satisfaction regarding the accused's absconding status or that accused is concealing themselves to evade arrest. It thus quashed an order passed by a Special POCSO Court.Justice Anil Kumar Choudhary observed, “the learned Special Judge, POCSO Act...
Jharkhand HC Imposes Rs 1.25 Lakh Fine On Union Minister Arjun Munda For Failure To Rectify Errors In Quashing Plea But Stays Coercive Action
The Jharkhand High Court has imposed a fine of Rs 1.25 lakh on Union Minister Arjun Munda for his failure to rectify errors in a quashing petition filed by him. During the hearing of Munda's petition, the court observed that the errors remained uncorrected despite being pointed out. Consequently, the court levied a fine of Rs 1,25,000 on Munda and directed him to deposit the amount with...
Decision On A Question Of Law That Is Later Overturned Or Modified By The Superior Court In Another Case Does Not Form A Ground For Review: Jharkhand High Court
The Jharkhand High Court has recently clarified the criteria for reviewing judgments in tax appeal cases, particularly regarding decisions based on legal questions. According to the explanation to Rule 1 of Order 47 of the Code of Civil Procedure, the court stated that if a decision on a legal question forming the basis of a court judgment is later reversed or modified by a higher court in...
Jharkhand High Court Quarterly Digest [Jan – Mar 2024]
Nominal Index [Citations: 2024 LiveLaw (Jha) 1-54]Rahul Yadav @ Hari Kumar Yadav, vs. The State of Jharkhand & Anr 2024 LiveLaw (Jha) 1Gautam Kumar Banarjee vs. Dr. C.P. Vidyarthi & Anr 2024 LiveLaw (Jha) 2Steel Authority of India Ltd vs. The State of Jharkhand and others 2024 LiveLaw (Jha) 3CTET Utteern Abhiyarthi Sangh vs. State of Jharkhand 2024 LiveLaw (Jha) 4Branch Manager,...
Jharkhand High Court Allows Application for Revocation of Cancelled GST Registration Despite Expiry of Limitation Period
In a recent ruling, the Jharkhand High Court has permitted the filing of an application for revocation of cancelled GST registration, despite the expiration of the limitation period. The decision stemmed from a petition filed by a proprietor aggrieved by the dismissal of their petition under section 107 of the Central Goods and Services Tax Act, 2017 (GST Act). The petitioner sought to...
Jharkhand High Court Issues Directions To Police Authorities To Furnish Reports On Action Taken Against Unauthorized Meat Shops
The Jharkhand High Court has issued directives to all district superintendents of police to furnish reports on their actions against unauthorized meat shops operating within their jurisdictions.This development stems from a public interest litigation initiated by Shyamanand Pandey, who brought attention to the sale of meat in open areas. The petitioner argued that such practices of...
Jharkhand High Court Orders CBI Probe Into Allegedly False Rape Accusation By Female Police Constable Against Male Colleague
The Jharkhand High Court has issued an order for a CBI investigation into a case where a female constable allegedly filed a false rape accusation against her male colleague. The directive was issued on Wednesday following a petition filed by the accused, Anil Kumar, who sought a high-level inquiry and compensation for the 13 months he spent in jail.Kumar, a serviceman, was acquitted of the...
Conviction Solely Based On Uncorroborated 'Last Seen Evidence' Not Sustainable: Jharkhand High Court Sets Aside Murder Conviction After 7 Yrs
The Jharkhand High Court recently set aside the conviction and sentence of a murder convict while observing that the conviction cannot be said to be just and proper solely on the basis of last-seen evidence which is not corroborated with any evidence.The division bench comprising Justice Subhash Chand and Ananda Sen observed, “The prosecution case, which is based on circumstantial evidence,...
Jharkhand High Court Weekly Roundup: March 18 - March 24, 2024
Nominal Index [Citations: 2023 LiveLaw (Jha) 44-53]Binod Kumar Mishra vs The State of Jharkhand 2024 LiveLaw (Jha) 44 Sachindra Singh @ Sacha @ Sachchi Singh Versus The State of Jharkhand 2024 LiveLaw (Jha) 45 Julekha Khatoon v. The State Of Jharkhand 2024 LiveLaw (Jha) 46Sudhir Narayan vs. the State of Jharkhand 2024 LiveLaw (Jha) 47 Md. Ramjani Vs The State of Jharkhand 2024 LiveLaw (Jha)...
Jharkhand High Court Directs State To Release 19 Yrs Of Pending Salary To Employee Who Was Reinstated After Illegal Termination
The Jharkhand High Court has directed the State government to release 19 years of pending salary to an illegally terminated employee of its Department of Industries (Handloom, Resham and Sericulture).The court reiterated that in cases where an employee is found to be entirely blameless, yet subjected to illegal termination motivated by malice, it would be unjust to deny them the benefits...
Examination Of Investigating Officer Crucial In Circumstantial Evidence Cases: Jharkhand High Court Sets Aside Murder Conviction
In a recent ruling, the Jharkhand High Court has underscored the pivotal role of Investigating Officer in cases reliant on circumstantial evidence. The Court highlighted that failure to establish the evidence collected by the former Investigating Officer by the second Investigating Officer could prove fatal to the prosecution's case.Justice Subhash Chand observed, “In this case, the...
Jharkhand High Court Stays Arrest Warrant Against Congress Leader Rahul Gandhi Over Remark On Amit Shah
In relief to Congress leader Rahul Gandhi, Jharkhand High Court has stayed the non-bailable warrant issued against him by Chaibasa civil court on February 27 this year in a 2018 defamation case concerning his remarks on Union Home Minister Amit Shah.Justice Rajesh Kumar presiding over the case, postponed the warrant for one month with a condition, directing Gandhi to take necessary legal...