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...

Jharkhand High Court Monthly Digest - October 2023

Nominal Index [Citations: 2023 LiveLaw (Jha) 53-74]Kuldeep Kumar Mahto vs. The State of Jharkhand and Anr 2023 LiveLaw (Jha) 53 Janeya Sinke @ Jane vs The State of Jharkhand 2023 LiveLaw (Jha) 54 The State Project Director v. National Printers, LPA No. 505 of 2019 2023 LiveLaw (Jha) 55 Pinaki Das vs The State of Jharkhand 2023 Livelaw (Jha) 56 Pratul Shahdeo @ Pratul Nath Shahdev vs. The State...

Income Tax Dept. Is Duty Bound To Provide All Material Information On Which Reliance Was Placed To The Assessee: Jharkhand High Court

The Jharkhand High Court has held that the Department is duty-bound and is mandatorily required to provide all material information or inquiry conducted on which reliance is being placed, along with supporting documents, to the petitioner as per the provisions of Section 148A of the Income Tax Act, 1961.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed...

CBIC Circulars Are Binding On Service Tax Dept, Violations Will Make Actions Illegal: Jharkhand High Court

The Jharkhand High Court has held that the circulars or instructions issued by the Central Board of Indirect Taxes and Customs (CBIC) are legally binding on the department, and their violation will make the actions of the respondent illegal and ex-facie bad in law.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that the Department has violated Clauses 14.10...

Jharkhand High Court Sets Aside Termination Of Bank Employee For Mistakenly Crediting Money In Another Account, Says Punishment Too Harsh

The Jharkhand High Court recently invalidated a 2015 termination order against a bank employee, criticizing the bank's inquiry report as "perverse" due to failure to provide pertinent documents to the petitioner-employee, who was accused of engaging in irregularities at the bank. The court also deemed the punishment of dismissal from service as excessively severe.Justice Dr. S.N. Pathak...

Indian Forest Act | Pending Criminal Case Does Not Halt Forest Authority's Right To Confiscate Wood Logs, Revoke Licenses: Jharkhand High Court

In a recent case where a Writ Petition was filed to challenge the revocation of a sawmill license, the Jharkhand High Court said the competent authority under the Bihar Saw Mills Act, 1990 is empowered to revoke a license and confiscate timber when a licensee is unable to provide a valid explanation for unaccounted wood, even if the licensee is simultaneously facing a criminal case related to...

Police Must Enquire Into Matter Before Registering FIR Against Public Servant Accused Of Offence Committed In Discharge Of Official Duty: Jharkhand HC

In a recent ruling, the Jharkhand High Court emphasized the duty of police officers to conduct thorough inquiries before registering First Information Reports (FIR) against public servants accused of offenses committed during the discharge of their official duties.Justice Subhash Chand held, “Herein it would be pertinent to mention that the accused is a public servant and while lodging...

Establishments Under Fold Of ESI Act Obliged To Make Contributions Even If Number Of Employees Fall Below Specified Limit: Jharkhand High Court

The Jharkhand High Court has reiterated that if an organization is covered under the Employees’ State Insurance Corporation Act, 1948, the number of employees working there is irrelevant, and such establishments are obligated to deposit employee subscriptions to contribute to the ESI fund. This would ensure the fulfillment of the Act's purpose, which is to provide beneficial measures in...

Jharkhand High Court Weekly Round-Up: October 16 To October 22, 2023

Nominal Index [Citations: 2023 LiveLaw (Jha) 62-68]The State of Jharkhand and Others vs. Binod Kumar Lal and Others 2023 Livelaw (Jha) 62P.N. Pathak @ Pradip Narayan Pathak and Another vs. The State of Jharkhand and Another 2023 LiveLaw (Jha) 63Niraj Kathuria vs The State of Jharkhand and Anr 2023 LiveLaw (Jha) 64Umesh Singh vs. The State of Jharkhand and Others 2023 LiveLaw (Jha) 65PCIT...