Jharkhand High Court
Continuing Proceedings Against Accused Sans Established Criminality Is Abuse Of Process Of Law: Jharkhand High Court
The Jharkhand High Court in a recent ruling has ruled that if criminality is not established, allowing the continuation of criminal proceedings amounts to an abuse of the process of law.Justice Sanjay Kumar Dwivedi observed, “Looking into the pendency of two partition suits filed by one of the co-sharer of the property, in which, the petitioners and the complainant are also parties in...
'Can't Lay Conditions Of Eligibility': Jharkhand High Court Rejects Plea Seeking Inclusion Of Sports Quota For Civil Judge Recruitment
The Jharkhand High Court, while rejecting a petition seeking the inclusion of sports quota benefits for the Civil Judge recruitment, emphasized that determining essential qualifications for a job is within the purview of the employer. The court reiterated that employers have the authority to specify additional or desirable qualifications, and they may choose to grant preference...
Jharkhand High Court Inaugurates Virtual Platform For Remote Hearings
Jharkhand High Court Chief Justice Sanjaya Kumar Mishra on Wednesday virtually inaugurated a platform for remote court hearings in the presence of Judges of the High Court, the Advocate General, and other dignitaries. This initiative aims to provide access to the High Court from distant locations.The Computer and Digitization Committee of the Jharkhand High Court has taken a significant step...
Jharkhand High Court Rules In Favor of Revenue In Clean Energy Cess Case
The Jharkhand High Court has ruled in favor of the Revenue in a case involving the demand for Clean Energy Cess on coal production.The petitioner, a subsidiary of Coal India Limited and a Category-I Mini Ratna Company since 2007, had challenged the order dated 29.09.2020 passed by respondent no. 3, the Principal Commissioner, Goods & Services Tax-CX, Ranchi. In the said order, respondent...
S.205 CrPC | Provision For Exemption From Personal Appearance Meant To Avoid Undue Harassment Of Accused: Jharkhand High Court
The Jharkhand High Court has noted that the intention behind the exemption from personal appearance of accused, as outlined in Section 205 of the Criminal Procedure Code (CrPC), is to ensure that accused individuals are not subjected to unnecessary harassment and that the complainant does not suffer any undue prejudice.Justice Sanjay Kumar Dwivedi observed, “The purpose of exemption...
Jharkhand High Court Upholds JPSC's Allocation Decision For Reserved Category Candidates In Administrative Service Cadre
In a recent ruling, the Jharkhand High Court rejected multiple appeals filed by candidates seeking special consideration under the reserved category for positions in the Jharkhand Administrative Service cadre. The appeals were directed against the common order passed by a Single Judge of the High Court in analogous cases.The court upheld the decision made by the Single Judge, stating that...
Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC
While emphasizing that non-compliance with the mandatory period for granting sanction to prosecute a public servant should not automatically lead to the quashing of criminal proceedings, especially when the case involves the prosecution of a public servant for corruption, the Jharkhand High Court has dismissed the petition filed by Upendra Nath Mandal, the Former Senior Manager of MECON...
Section 498-A IPC Being Misused As A Weapon By Disgruntled Wives: Jharkhand High Court
Expressing its concern against misuse of Section 498A IPC, the Jharkhand High Court recently said that this provision of law is being misused as a weapon, rather than a shield, by 'disgruntled wives'. The bench of Justice Sanjay Kumar Dwivedi observed that such cases are being filed by the wife in the heat of the moment over trivial issues without proper deliberations. “With...
Jharkhand High Court Weekly Round-Up: October 30 To November 5, 2023
Nominal Index [Citations: 2023 LiveLaw (Jha) 70-77]M/s Amar Saw Mill v. The State of Jharkhand & Ors. 2023 LiveLaw (Jha) 70Subodh Bara Babu @ Subodh Kumar Yadav vs The State of Jharkhand and Anr 2023 LiveLaw (Jha) 71Devendra Prasad Yadav v. Jharkhand Gramin Bank and Ors. 2023 LiveLaw (Jha) 72M/s LMB Sons Versus UOI 2023 LiveLaw (Jha) 73M/s Chotanagpur Diocesson Trust Asson. Versus UOI...
Seniority Among RIMS Employees To Be Based On Order Of Merit In Selection: Jharkhand High Court
The Jharkhand High Court has held that seniority among employees at the Rajendra Institute of Medical Sciences (RIMS) should be established based on the order of merit at the time of their appointment to the relevant grade. The Division Bench of Justices Sujit Narayan Prasad and Navneet Kumar added that in this system, individuals selected earlier would be considered senior to those...
Hearing On Sentence In Death Penalty Cases Must Be Adjourned For Granting Time To Accused To Show Mitigating Factors: Jharkhand High Court
While expressing strong reservations over a POCSO court's hasty 7-days trial, the Jharkhand High Court asserted that in cases where a statute prescribes death penalty as a possible punishment, the court is obliged to postpone any further proceedings related to the sentencing, after clearly informing the accused of their right to present evidence regarding mitigating circumstances.The High...
Passenger Hit By Train While Crossing Railway Track In Absence Of Foot-Over Bridge Entitled To Compensation: Jharkhand High Court
The Jharkhand High Court has granted a compensation of Rupees Eight Lacs to the family of a woman who lost her life while attempting to cross the railway tracks in the absence of a foot overbridge and proper lighting facilities. While emphasizing on the legal liability of the Railways to provide amenities for safe travel, the High Court set aside the judgment of Railway Claims Tribunal...