Jharkhand High Court
President Murmu's Concerns On Delayed Enforcement Of Decrees Relevant: Jharkhand HC Slams State For Decades-Long Failure To Mutate Revenue Records
In a recent hearing at the Jharkhand High Court, a case spanning over four decades has taken center stage, highlighting the plight of a petitioner who has been denied the fruits of a favourable court decree in relation to a land dispute.In this backdrop, Justice Ananada Sen presiding over the case recollected the recent concerns raised by President of India Droupadi Murmu on the issue...
21 Yrs Later, Jharkhand HC Stays Further Effect Of 2003 Resolution On SC/ST Reservations In Service Promotions Citing Variance With SC Order
After a lengthy legal battle spanning 21 years, the Jharkhand High Court has stayed further effect of a 2003 Resolution passed by the State government for providing reservations to Scheduled Castes and Scheduled Tribes in service promotions.The division bench of Acting Chief Justice Shree Chandrashekhar and Justice Navneet Kumar allowed 12 writ petitions on finding the Resolution to be...
[Dowry Death] Court Shall Presume Accused's Guilt If Prosecution Able To Prove Essential Elements Of S.304B IPC: Jharkhand High Court
The Jharkhand High Court has ruled that when the prosecution establishes the fundamental elements of Section 304-B of the Indian Penal Code, the court can assume the guilt of the accused, and consequently, under the provision of Section 106 of the Indian Evidence Act, the burden shifts to the accused to challenge this presumption of guilt and demonstrate their innocence.Justices Ratnaker...
Gravity Of Offence No Ground To Deny Bail To Juvenile Unless Exceptional Circumstances U/S12 JJ Act Established: Jharkhand High Court Reiterates
In a recent ruling, the Jharkhand High Court emphasized that gravity of offence cannot be the ground to deny the bail application of a juvenile, unless there are exceptional circumstances as provided in the proviso to Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.Section 12 prescribes that a child alleged to be in conflict with law shall be released on bail...
Conditions Imposed While Granting Bail Must Not Be 'Onerous, Unreasonable Or Excessive': Jharkhand High Court
The Jharkhand High Court has held that the conditions to be imposed while granting bail must not be onerous or unreasonable or excessive. The Court stressed that conditions should aim to ensure the accused's appearance before authorities, unhindered trial proceedings, and community safety.Justice Sanjay Kumar Dwivedi observed, “The conditions to be imposed must not be onerous or unreasonable...
[S.82 CrPC] Before Issuing Proclamation, Court Must Record Satisfaction That Accused Is Absconding To Evade Arrest: Jharkhand High Court Reiterates
The Jharkhand High Court has emphasized that when issuing a proclamation under Section 82 of the Criminal Procedure Code (Cr.P.C.), the court must record its satisfaction regarding whether the accused is absconding or concealing themselves to evade arrest.The Jharkhand High Court ruled that the orders issued by the Sub-Divisional Judicial Magistrate (SDJM), which included a non-bailable...
Section 376 IPC | Minor's Consent Not Ground To Absolve Accused: Jharkhand High Court Reiterates
The Jharkhand High Court while affirming a judgment of conviction passed by the trial Court and sentence under Section 376 of the Indian Penal Code, has observed that despite the victim being a consenting party and engaging in a sexual relationship leading to her pregnancy over several months, the accused cannot be absolved of guilt solely based on her consent as she was a minor.Justice...
Fair Trial Can Be Ensured By Allowing Additional Documentary Evidence Even After Conclusion Of Evidence U/S 311 R/W S.91 CrPC: Jharkhand HC
In a recent ruling, the Jharkhand High Court while granting permission for the submission of additional documentary evidence in a case pertaining to the dishonour of a cheque ruled that while Section 311 of the Code of Criminal Procedure, 1973 (Cr.P.C.) does not explicitly address the addition of documentary evidence when read in conjunction with Section 91, additional documentary evidence can...
Jharkhand High Court Weekly Round-Up: March 11 - March 17, 2024
Nominal Index [Citations: 2023 LiveLaw (Jha) 38-43] National Insurance Company Ltd. Vs Ratan Devi 2024 LiveLaw (Jha) 38Mohidul Sk vs The State of Jharkhand 2024 LiveLaw (Jha) 39Jageshwar Ravidas and Anr vs The State of Jharkhand 2024 LiveLaw (Jha) 40Hosco Pvt. Ltd. vs Jharkhand Medical & Health Infrastructure Development & Procurement Corporation Ltd and Ors 2024 LiveLaw (Jha)...
[Spanish Tourist's Rape] Steps Taken Towards Establishing Safety For Tourists & Foreign Travelers, SOP Imminent: Advocate General Tells Jharkhand High Court
In the ongoing case concerning the sexual assault of a 45-year-old Spanish tourist near Dumka, Jharkhand, the state's Advocate General has informed the Court that steps are underway to establish a Standard Operating Procedure (SOP) aimed at ensuring the safety of tourists, particularly foreign travellers.The court had previously directed the state government to clarify whether SOPs had...
Jharkhand High Court Directs State to Submit Comprehensive Affidavit on Ayushman Scheme Implementation in State Hospitals
The Jharkhand High Court has issued a directive to the state government, demanding a detailed affidavit regarding the implementation of the Ayushman Scheme across hospitals in the state.The order follows a writ petition filed by one Ashok Kumar Mishra seeking the release of pending amounts under the Ayushman Scheme for all empanelled hospitals in Jharkhand, along with an inquiry into delays...
Question Of Liquidated Damages Would Arise Only When The Contract Is Terminated On Account Of Breach Of The Terms And Conditions Of The Contract: Jharkhand High Court
The Jharkhand High Court has ruled that the matter of liquidated damages comes into play specifically when a contract is terminated due to a breach of its terms and conditions, and moreover, if the termination of the contract itself is deemed unlawful, various consequences may ensue, such as the potential imposition of liquidated damages or the initiation of a certificate proceeding to...