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...

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)...