Strict Proof Of Marriage Not Required U/S 125 CrPC, Parties Living Together As Husband-Wife Sufficient To Order Maintenance: Jharkhand High Court

While rejecting a revision application filed for quashing grant of maintenance to a woman, the Jharkhand High Court held that documentary evidence of marriage in a proceeding under Section 125 of the Cr.P.C, is not required, especially when the evidence is on record that the Applicant was living with the opposite party as husband and wife.Justice Gautam Kumar Choudhary observed,...

Additional Commissioner Of Commercial Taxes Acted In Undue Haste In Disposing Of Revision Applications: Jharkhand High Court

The Jharkhand High Court has held that the Additional Commissioner of Commercial Taxes has acted in undue haste in disposing of the revision applications. It is trite law that if an authority acts in undue haste, malice in law is to be presumed, and his action is deemed to be mala fide.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that the...

CGST Preventive Wing And DGGI Wing To Forward All Investigation And Inter-Related Transaction To State Authorities: Jharkhand High Court

The Jharkhand High Court has opined that the Preventive Wing of the CGST and DGGI Wing of the CGST shall forward all their investigation carried out as against the petitioner and inter-related transactions to the State Authorities, who shall continue with the proceedings from the same stage.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has stated that “we failed...

Arbitration and Conciliation Act | Mere Violation Of Substantive Law By Itself Not A Valid Reason To Set Aside Arbitral Award: Jharkhand High Court

The Jharkhand High Court while dismissing an appeal directed challenging the Commercial Court's dismissal of a Section 34 Petition against an arbitrator's award, has held that a mere contravention of substantive law by itself does not constitute a valid ground for setting aside an arbitral award subsequent to the 2015 amendment in the Arbitration and Conciliation Act, 1996 (Act). The...

Supreme Court Collegium Recommends To Make Justice Pradeep Kumar Srivastava As Permanent Judge Of Jharkhand HC

The Supreme Court Collegium has recommended the name of Justice Pradeep Kumar Srivastava, Additional Judge, for appointment as a permanent Judge of the High Court of Jharkhand.Justice Srivastava was sworn in as the Additional Judge of the Jharkhand High Court in June 2022.On 10 November 2023, the Collegium of the High Court of Jharkhand unanimously recommended the name of Justice Srivastava...

Supreme Court Collegium Recommends Elevation Of One Judicial Officer As Jharkhand High Court Judge

On Thursday, the Supreme Court collegium recommended the appointment of Arun Kumar Rai, a judicial officer, as a judge of the Jharkhand High Court. The recommendation, originally made by the Jharkhand High Court collegium in September of the previous year, underwent scrutiny by the only consulting judge in the Supreme Court familiar with Jharkhand High Court matters. The candidate's...

Railway Claims Tribunal Unjustified In Withholding Interest On Compensation From Date Of Accident Till Delay Condonation: Jharkhand High Court

The Jharkhand High Court recently observed that the Railway Claims Tribunal erred in withholding interest on compensation payable to a bereaved family, for the period between the date of accident and the date on which the application for delay in making a claim before the Tribunal was allowed.Justice Pradeep Kumar Srivastava observed, “The Tribunal has awarded maximum amount of compensation...

Jharkhand High Court Weekly Round-Up: January 08 To January 14, 2024

Nominal Index [Citations: 2024 LiveLaw (Jha) 1-8]Rahul Yadav @ Hari Kumar Yadav, vs. The State of Jharkhand & Anr 2024 LiveLaw (Jha) 1Gautam Kumar Banarjee vs. Dr. C.P. Vidyarthi & Anr 2024 LiveLaw (Jha) 2Steel Authority of India Ltd vs. The State of Jharkhand and others 2024 LiveLaw (Jha) 3CTET Utteern Abhiyarthi Sangh vs. State of Jharkhand 2024 LiveLaw (Jha) 4Branch Manager,...

Local Body Elections Can Be Held Without Completing 'Triple Test Formalities' For Identifying OBC Seats: Jharkhand High Court

The Jharkhand High Court in a significant judgement has observed that non-completion of the 'triple test formalities' for identifying seats to be reserved for OBC category is not at all a ground to defer or delay election of local self-governmentJustice Ananda Sen observed, “the Hon'ble Supreme Court directed that the Election should be notified even if the “triple test formalities” has...

S.125 CrPC | 'Pious Duty Of Son To Maintain His Old Aged Father': Jharkhand High Court Upholds Family Court's Maintenance Order

The Jharkhand High Court has recently upheld the order of a Family Court directing the younger son of a man to provide him with a monthly maintenance of Rs. 3000.Justice Subhash Chand observed, “Though from the evidence adduced by both the parties, it is found that the father is having some agricultural land yet is not able to cultivate the same. He also depends upon his elder son, with...

CGST Act | Jharkhand High Court Quashes Criminal Proceedings For Noncompliance With GST Summons Under Section 70

Underscoring the importance of due process and compliance with statutory requirements, the Jharkhand High Court, in a significant ruling, quashed criminal proceedings for non-compliance with summons issued under Section 70 of the Central Goods and Services Act, 2017 (CGST Act).Notably, Section 70 of the CGST Act empowers concerned officers to issue summons to persons to give evidence and...

Heavy Earth Moving Vehicles Under MVA Can Only Be Driven By Licensed Individuals: Jharkhand High Court

The Jharkhand High Court has ruled that registration of mining equipment, including drill masters and dumpers is mandatory under the Motor Vehicles Act. However, the Court has further said that the issue of whether a vehicle is taxable or not will depend upon the test as to whether the vehicle is proposed to be used for transporting goods from one place to another.Brief FactsThe petitioner,...