'Not Bonafide Passenger': Jharkhand High Court Denies Compensation For Death Of Unlicensed Vendor Who Fell From From Moving Train

The Jharkhand High Court has refused to grant compensation to the family members of a Litti-Chatni vendor who fell from a moving train at Jasidih Station and lost his life due to overcrowding and a sudden jolt. The court stated that he was not a 'bona fide passenger' as he was boarding the train to sell Litti-Chatni without a proper license or authority issued by the Railway Administration or...

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 employee...

Placement Agency To Be Given Proper SCN On Alleged Failure To Perform Duties Coupled With Monetary Loss To JSBCL: Jharkhand High Court

The Jharkhand High Court has held that Rule 15 of the Jharkhand Excise (Operation of Retail Product Shops through Jharkhand State Beverages Corporation Limited) Rules, 2022, and the corresponding clauses of the contract have to be restricted only to those situations where the placement agency has been found, albeit after hearing the agency, to have failed to provide manpower to Jharkhand...

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)...