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,...

MACT Can't Disbelieve Claimant's Testimony Regarding Monthly Income In Absence Of Rebuttal Evidence By Opposing Party: Jharkhand High Court

The Jharkhand High Court has observed that a Motor Accident Claim Tribunal is not entitled to discredit the sworn testimony of a claimant regarding their income unless there is counteracting evidence presented by the opposing party.Justice Pradeep Kumar Srivastava observed, “It appears that learned tribunal while deciding the income of the claimant failed to take into notice the evidence...

Residents Who Cleared CTET & TET Exams From Neighboring States Allowed To Apply For Teacher Appointment Process In Jharkhand: High Court

In a significant ruling, the Jharkhand High Court has granted permission to residents of Jharkhand who had successfully cleared the Central Teacher Eligibility Test (CTET) and Teacher Eligibility Test (TET) from neighboring states to participate in the recruitment examination for Assistant Teacher positions in Jharkhand.The Court passed such a direction upon noting that Jharkhand had not...

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.,...