[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...

Unregistered Instrument Of Settlement And Evidence Of Possession Can Be Considered As Sufficient Proof Of Settlement In The Matters Of The Agricultural Lease: Jharkhand High Court

The Jharkhand High Court has ruled that settlements, akin to leases, must adhere to the registration requirements outlined in Section 17 of the Registration Act. Nevertheless, in cases concerning agricultural lease or settlement, an unregistered settlement document, coupled with evidence of possession, has been deemed adequate to establish the existence of a settlement agreement.According to...

'Life-Saving Medical Device': Jharkhand HC Emphasizes Quality Over Price In Tender For Defibrillators, Says Pricing Can't Be Sole Criterion For Successful Bid

In a recent ruling, the Jharkhand High Court dismissed a writ petition filed by Hosco Pvt. Ltd. while firmly emphasizing that price alone cannot be the determining factor in awarding a contract. Furthermore, it was ruled that a tenderer lacking technical qualifications does not have standing to challenge the tender process.The Court also held that judgments made by expert committees must not...

[S.304 IPC] Nature Of Injury Shows Intention/ Knowledge Of Assailant To Cause Death, Difficult To Ascertain It Sans Postmortem Report: Jharkhand HC

The Jharkhand High Court, in partly allowing a criminal appeal related to a 27-year-old murder case, noted that the intention of an assailant can be discerned from the nature of the injury inflicted, and without sufficient evidence of such intention, it becomes challenging to establish that the assailant had the requisite intent to cause death.Justice Gautam Kumar Choudhary observed,...

Consent Not Coerced: Jharkhand High Court Overturns Rape Conviction After 12 Years

After a 12-year period, the Jharkhand High Court overturned a trial court's conviction order in a rape case, allowing an appeal filed by the accused.Court observed that in the instant case there had been an ongoing physical relationship between the appellant and the victim for approximately six months, and it was only after the victim became pregnant that the matter was brought to...

In Case Of Composite Negligence Injured Person Has Choice To Claim Whole Damage Against All Or Any Of The Wrongdoers: Jharkhand High Court

The Jharkhand High Court has ruled that in instances of composite negligence resulting in harm or death to an individual by two or more wrongdoers, whether they act jointly or independently, they bear joint and several liability. In such cases, the injured party retains the option to seek full compensation from any or all of the negligent parties involved, given the nature of...

Issuance Of Pre-SCN Consultation Is Mandatory Requirement For Issuing SCN Under Customs Act, 1962: Jharkhand High Court

The Jharkhand High Court has held that the issuance of pre-SCN consultation is mandated under proviso to Section 28(1)(a) of the Customs Act, 1962, before issuing the show cause notice.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that the mandatory pre-SCN consultation, as mandated under proviso to Section 28(1)(a) of the Customs Act, 1962, read with...

[Spanish Tourist's Rape] Jharkhand High Court Seeks State's Response On SOP For Foreign Tourists Assistance

On Thursday, the Jharkhand High Court directed the state government to clarify whether it has established standard operating procedures (SOP) to assist foreign tourists visiting the state.During a PIL hearing prompted by alleged gang rape of a Spanish tourist in Dumka, the court led by Acting Chief Justice Shree Chandrashekhar and Justice Navneet Kumar, sought clarification from...

Jharkhand High Court Grants Relief To 4 ED Officials In Hemant Soren's FIR Under SC/ST Act; State Directed To Not Take Any Coercive Measures

The Jharkhand High Court has granted significant relief to Enforcement Directorate (ED) officials by ordering on that no coercive measures be taken against them in connection with a case stemming from an FIR filed by former Jharkhand Chief Minister Hemant Soren. The FIR, under the ST/SC Act on January 31, accused the ED officials of harassing Soren on the basis of his tribal identity,...

Jharkhand HC Declines Aventis Pharma's Plea To Quash Criminal Proceedings Over Ofloxacin Tablet Samples Allegedly Not Upto Standard Quality Requirements

The Jharkhand High Court has rejected the plea of Aventis Pharma, a global healthcare company, seeking to dismiss the entire criminal proceedings related to a complaint filed under section 27(d) of the Drug and Cosmetics Act, 1940. The complaint arose from a dispute regarding samples of Ofloxacin Infusion taken from three different batches.The samples were collected following a complaint from...