Jharkhand High Court Adjourns Hearing Of Hemant Soren's Petition Against ED Arrest Till Tomorrow

The Jharkhand High Court on Thursday (February 1) posted to tomorrow the petition filed by former Jharkhand Chief Minister, Hemant Soren, challenging his arrest by the Directorate of Enforcement (ED) yesterday.Soren's petition was heard today by a division bench consisting of Acting Chief Justice Shree Chandrashekhar and Justice Anubha Rawat Choudhary, commencing at 10:30 am.During the...

President Appoints Arun Kumar Rai As Judge Of Jharkhand High Court

The President has appointed Arun Kumar Rai as the Judge of the Jharkhand High Court.The Notification issued by the Ministry of Law & Justice states, “In exercise of the power conferred by clause (1) of Article 217 of the Constitution of India, the President is pleased to appoint Shri Arun Kumar Rai, to be a Judge of the Jharkhand High Court with effect from the date he assumes charge of...

S.100(5) CrPC | Witnesses Of Search And Seizure Not Required To Attend Court Unless Specially Summoned: Jharkhand High Court

The Jharkhand High Court, in a recent decision partially allowing a revision application in a case spanning 28 years, emphasized that establishing the fact of recovery merely requires the prosecution to present the seizure list as evidence.Justice Ambuj Nath observed, “In order to prove the factum of recovery, it is sufficient for the prosecution to adduce the seizure list in evidence....

Jharkhand High Court Quashes Disciplinary Proceedings Initiated Against Lawyer On 'Malafide Complaint' By Opposite Party In Litigation

Last week, the Jharkhand High Court annulled disciplinary proceedings initiated by the State Bar Council against a lawyer accused of engaging in an "illicit" physical relationship with his client. The complaint was lodged by the client's husband while being involved in a matrimonial dispute with her.The lawyer challenged the commencement and continuation of the disciplinary inquiry initiated...

Jharkhand High Court Weekly Round Up: January 15 - January 21, 2024

Nominal Index [Citations: 2023 LiveLaw (Jha) 9-19]Pratima Devi v Union of India 2024 LiveLaw (Jha) 9M/s Bharat Petroleum Corporation Limited v Anant Kumar Singh 2024 LiveLaw (Jha) 10Vinod Shankar Jha vs State of Jharkhand & Ors. 2024 LiveLaw (Jha) 11Kunwar Ganjhu v Union of India 2024 LiveLaw (Jha) 12Mithilesh Kumar Saw @ Mithlesh Saw & ors. vs The State of Jharkhand 2024 LiveLaw...

'Obligatory For Woman To Serve Elderly Mother-In-Law, It Is A Part Of Indian Culture; Demand To Live Separately Is Unreasonable': Jharkhand HC

The Jharkhand High Court has observed that serving elderly mothers-in-law or grandmothers-in-law is both a cultural practice and an obligation for women in India. The Court also underscored that the wife's insistence to live separately from such in-laws is unreasonable."It is the culture in India to serve the old aged mother-in-law or grandmother-in-law as the case may by the wife in order...

Determination Of Value Of Excisable Goods For Assessment Falls Within Exclusive Jurisdiction Of Supreme Court: Jharkhand High Court

The Jharkhand High Court has held that the determination of the value of the excisable goods for the purpose of assessment falls within the exclusive jurisdiction of the Supreme Court of India under Section 35L of the Central Excise Act, 1944.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that the appeals are not maintainable, and the same would lie before...

"Knowingly Associated With & Voluntarily Aided Banned Terrorist Organisation": Jharkhand High Court Rejects Bail Plea Of UAPA Accused

The Jharkhand High Court recently dismissed an appeal filed against the rejection of bail by the Special Court to a UAPA accused allegedly connected to the banned terrorist organization CPI(Maoist).A division bench of Justices Sujit Narayan Prasad and Pradeep Kumar Srivastava observed, “The facts disclosed by the appellant were duly corroborated during course of investigation by way...

Clothes Torn During Free Fight Not Necessarily Offence Of 'Outraging Modesty' U/S 354 IPC: Jharkhand High Court

The Jharkhand High Court, in acquitting an accused under Section 354 IPC, has noted that the mere tearing of clothing during a spontaneous altercation does not necessarily constitute an offence of outraging a woman's modesty.Justice Gautam Kumar Choudhary observed, “For offence under Section 354 IPC, intention to outrage modesty of a woman, is the fundamental ingredient. Touch caused...

Father Can't Escape Liability To Maintain Children Citing His Wife's Employment: Jharkhand High Court

The Jharkhand High Court has made it clear that a father is liable to support and maintain his children, irrespective of their mother's employment.Justice Subhash Chand observed,“So far as the income of the petitioner—wife in the maintenance application is concerned, admittedly she is getting Rs.12 to 14 thousand per month and she is maintaining herself and both the minor children. Even...

S.125 CrPC | 'Once Marital Relationship Is Disproved, There Cannot Be Any Order Of Maintenance': Jharkhand High Court

The Jharkhand High Court has held that once the marital relationship is disproved, there cannot be any order of maintenance under section 125 of the CrPC.Justice Gautam Kumar Choudhary observed that the respondent-woman had filed a criminal case against the revision petitioner in 2008 alleging that he made a false promise of marriage to her. This, the Court held, "demolishes the case of...

State Can't Empower Registrar To Cancel Registered Sale Deed Sans Declaration By Court That It Is Vitiated By Fraud: Jharkhand High Court

The Jharkhand High Court has held that unless there is a declaration by a civil Court that a deed is vitiated by fraud, a registered deed cannot be cancelled by the Registrar. Justice Gautam Kumar Choudhary set aside a Circular conferring such power on the Registrar and observed that, "The executive power of the State Government under Article 162 is coextensive with the legislative power of...