'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...

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...