S.47 CPC | Co-owner Cannot Object To Execution Merely Because He Wasn't Made Party To Eviction Suit By Landlord: Jharkhand HC

The Jharkhand High Court has ruled that a co-owner of a property cannot object to the execution of a decree simply because they were not included as a party in the eviction suit initiated by one of the co-owners. This decision underscores the limitations of a co-owner's rights in such proceedings.The Court clarified that such an objection under Section 47 of the Civil Procedure Code (CPC) is...

Defendant Can Seek Rejection Of Plaint Under Order 7 Rule 11-D CPC Without Filing Written Statement: Jharkhand High Court

While hearing a title dispute over a property, the Jharkhand High Court said that once a suit is instituted and notice is issued, the defendant has the right to file an application under Order 7 Rule 11-D of the CPC seeking rejection of the plaint, even if a written statement has not been filed.In doing so, the high court found that the trial court's order rejecting the petitioner's plea...

UAPA | Mere Allegations Of Terrorist Gang Association Without 'Specific Evidence' Insufficient To Deny Bail: Jharkhand High Court

The Jharkhand High Court has held that merely alleging membership in a terrorist gang and association with its leadership, without providing specific instances of involvement in criminal activities, would not be enough to substantiate such claims. Thus granting bail to the appellant charged under the Unlawful Activities (Prevention) Act, 1967 (UAPA), the court ruled that vague and...

Motor Accident: Jharkhand High Court Upholds ₹50.90 Lakh Compensation To Kin Of Deceased Lawyer

The Jharkhand High Court recently dismissed an appeal filed by Bajaj Allianz General Insurance, challenging an award of ₹50,90,176 in compensation to the family of a deceased lawyer who was killed in a road accident, while reaffirming that non-compliance with permit regulations does not constitute a fundamental breach of an insurance policy.Justice Subhash Chand presiding over the...

Who Qualifies As 'Proper Officer' To Issue Show Cause Notices U/S 74 Of CGST Act? Jharkhand High Court Clarifies

The Jharkhand High Court has provided a significant clarification regarding who qualifies as the “proper officer” empowered to issue a show cause notice under Section 74 of the Central Goods and Services Tax (CGST) Act, 2017. The Division Bench of Justices Sujit Narayan Prasad and Arun Kumar Rai observed that “If the definition of the Poper Officer will be taken into...

Jharkhand High Court Weekly Round-Up: 30 September – 6 October, 2024

Nominal Index [Citations: 2023 LiveLaw (Jha) 152-157]Anand Kumar Dangi v. State of Jharkhand 2024 LiveLaw (Jha) 152Kavita Devi @ Kabbo Devi and Ors vs Union of India 2024 LiveLaw (Jha) 153The State of Jharkhand vs Pawan Kumar Singh 2024 LiveLaw (Jha) 154Budhu Nag Chatar V. The State of Jharkhand 2024 LiveLaw (Jha) 155M/s Pama Pharmaceuticals V. The Ranchi Municipal Corporation 2024 LiveLaw...

Jharkhand High Court Directs CBI To Investigate Allegations Of Police-Crime Nexus In Dhanbad Coal Mafia Case

The Jharkhand High Court has recently directed the Central Bureau of Investigation (CBI) to investigate allegations relating to a nexus between the coal mafia and police officials in the city of Dhanbad.The court, finding sufficient grounds, transferred the case to the CBI because of the local police's reluctance to register a First Information Report (FIR) despite the opportunities to do...

7 Yrs After Husband's Accidental Death By Falling From Running Train, Jharkhand High Court Grants ₹8 Lakh Compensation To Widow

The Jharkhand High Court has granted Rs 8 Lakh along with interest as compensation to the widow of a man who died in 2017 after accidentally falling from a running train, setting aside a decision by the Railway Claims Tribunal which had rejected her claim. In doing so the high court ruled that the deceased was a bona fide passenger, despite the absence of a ticket during the inquest...

Principles Of Natural Justice Not Mere Formality: Jharkhand High Court Quashes Blacklisting Order For Non-Compliance With Procedure

The Jharkhand High Court has ruled that the principles of natural justice cannot be treated as mere formalities. The Court emphasised that when an adverse decision is being made, the concerned authority must inform the affected party about the proposed action to be taken against them. Failure to follow this procedure would amount to non-compliance with the principles of natural...

O. 23 R.1A CPC | Defendants Cannot Be Transposed As Plaintiffs Without Substantial Question Of Law Or Abandonment Of Suit: Jharkhand High Court

The Jharkhand High Court has clarified the application of Order XXIII Rule 1A of the Code of Civil Procedure (CPC), reaffirming that defendants can only be transposed as plaintiffs in two specific situations: first, when the plaintiff has either withdrawn or abandoned the suit and second, when the defendant has a substantial question of law to be decided against another defendant.Justice...

Jharkhand HC Commutes Death Sentence Of Constable Who Opened Fire On Milk Supplier For Demanding Dues, Says S.27 Arms Act Not Attracted

The Jharkhand High Court has commuted the death sentence imposed on a Railway police constable who opened fire on the family of his neighbour-milk supplier, for demanding dues.While doing so, the Court held that since the Constable had used his service pistol, conviction under Section 27 of the Arms Act 1959 cannot stand.The Court clarified that Section 27 of the Act does not apply in all...

Confession Made By An Accused Before Panchayat Qualifies As Extra-Judicial Confession: Jharkhand High Court

The Jharkhand High Court has held that a confession made by an accused person before the Panchayat qualifies as an extra-judicial confession. The Court emphasised that an extra-judicial confession can serve as the basis for conviction if the person before whom the confession is made is impartial and not hostile toward the accused.A division bench comprising Justices Ananda Sen and Gautam...