Jharkhand High Court
POCSO Act | Repeatedly Following, Watching Or Contacting Child With Sexual Intent Amounts To Sexual Harassment : Jharkhand High Court
The Jharkhand High Court has ruled that engaging in persistent acts of following, watching, or contacting a child with sexual intent constitutes sexual harassment under Section 11(4) of the Protection of Children from Sexual Offences Act, 2012.Justice Subhash Chand observed, “In the FIR itself, it has been stated that the minor victim girl of the informant was sexually harassed by the...
[MV Act] Insurer Charging Additional Premium For Employee Can't Deny Liability To Compensate For Hired Driver's Death Citing Negligence: Jharkhand HC
In an important order, the Jharkhand High Court has held that an insurance agency is liable to pay compensation for a motor vehicle accident claim for a hired driver in the event of his death, even if the accident is caused due to the driver's negligence. This liability arises once the insurer has accepted additional premium to cover indemnity of vehicle owner.Justice Pradeep Kumar...
Jharkhand High Court Annual Roundup 2023 [Citations 1 - 88]
NOMINAL INDEX [Citations 2023 LiveLaw (Jha) 1 to 88]The State of Jharkhand & Ors. v. Tata Steel Limited & Anr. 2023 LiveLaw (Jha) 1M/s Om Prakash Kashyap Versus UOI 2023 LiveLaw (Jha) 2Prem Prakash vs. Union of India 2023 LiveLaw (Jha) 3Pushpa Dave @ Devi and Ors. v. Sri Udai Kumar Rajgarhia & Ors. 2023 LiveLaw (Jha) 4M/s Subhash Singh Choudhary Versus The State of Jharkhand...
Justice Shree Chandrashekhar Appointed As Acting Chief Justice of Jharkhand High Court
The Union Government has formally announced the appointment of Justice Shree Chandrashekhar as the Acting Chief Justice of the Jharkhand High Court. The notification was issued by the Ministry of Law and Justice on Wednesday."In exercise of the powers conferred by Article 223 of the Constitution of India the President is pleased to appoint Shri Justice Shree Chandrashekhar, Judge of the...
'State Information Commissioner Benefits Not Automatically Pensionable, SIC's Post Distingusiahable From Chief Secy's Role': Jharkhand HC
The Jharkhand High Court has ruled that the entitlement of the State Information Commissioner to certain benefits, based on the terms and conditions granted by the Chief Secretary, does not automatically confer pensionable service status. The court emphasized that the mere pensionable nature of the Chief Secretary's post does not imply similar entitlement for the incumbent of the...
'A Person Who Has Migrated To Another State Shall Get Benefit Of Reservation Only In State Of Origin': Jharkhand High Court
The Jharkhand High Court has recently opined that a person, who has migrated to another State, shall get the benefit of reservation only in the State of originJustice Rajesh Shankar held, “This Court is of the view that on mere ground that caste certificate of the petitioner for S.T category has been issued by the Sub-Divisional Officer, Godda, she cannot claim benefit of reservation in...
Jharkhand High Court Weekly Round-Up: December 04 To December 10, 2023
Nominal Index [Citations: 2023 LiveLaw (Jha) 142-146]Navin Kumar Sinha & Anr vs. State of Jharkhand & Anr 2023 LiveLaw (Jha) 142Mahesh Minz & Ors vs The State of Jharkhand & Anr 2023 LiveLaw (Jha) 143Sita Kumari vs. Bharat Coking Coal Ltd. and Ors 2023 LiveLaw (Jha) 144Somen Chatterjee vs State of Jharkhand and Anr 2023 LiveLaw (Jha) 145Munga Devi and ors. vs Kamla Devi...
No Illegality In Initiation Of Reassessment Proceedings After 10 Years Post-Search Under New Regime: Jharkhand High Court
The Jharkhand High Court had held that A.O. was justified in reopening the assessment for A.Y. 13–14 for 10 years as they had rightly taken previous sanction from the competent authority.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that w.e.f. April 1, 2022, the legislature expanded the scope for revenue in search proceedings via amendment in Section...
'Putting Criminal Law In Motion Against Accused By Examining Only One Or Two Enquiry Witnesses Is Deprecated': Jharkhand HC
In a recent ruling, the Jharkhand High Court quashed criminal proceedings against a petitioner after police exoneration, emphasizing the importance of thorough investigation before initiating legal action against an accused.The petitioner had sought the quashing of criminal proceedings, including the order taking cognizance, related to a case pending in the Court of the learned S.D.J.M.,...
Order Passed On Application U/O XXII Rule 3 CPC Not Appealable U/O XLIII Rule 1 CPC Rather It Is A Revisable Order: Jharkhand HC
The Jharkhand High Court has ruled that an order passed on an application under Order XXII Rule 3 CPC is not appealable under Order XLIII Rule 1 CPC; instead, it is considered a revisable order.For context, Order XXII Rule 3 CPC deals with the Procedure in case of the death of one of several plaintiffs or of the sole plaintiff. Order XLIII Rule 1 CPC deals with the right to appeal against...
Need To Assess Financial Condition Of Family Of Deceased, His Dependents Before Offering Compassionate Appointment: Jharkhand HC
In a recent judgment, the High Court of Jharkhand ruled in favor of the married daughter of a deceased employee, allowing her to file an application for compassionate appointment. The court emphasized the primary objective of compassionate appointments, which is to provide support to bereaved families, preventing them from facing destitution.Justice Gautam Kumar Choudhary observed,...
Locker Renting Agreement Can't Be Equated With 'Bailment' Between Hirer and Bank: Jharkhand High Court
The Jharkhand High Court has ruled that renting a locker at a bank does not establish a bailment relationship between the locker hirer and the bank.The Bench of Justice Sanjay Kumar Dwivedi observed, “In view of the above, it appears that the locker is the nature of agreement, in view of that the hiring agreement cannot be equated with the bailment. Furthermore the said operation of the...