Jharkhand High Court
MSEF Council’s Dismissal Order Under Section 18 Is Not An Award For Section 34 Of The A&C Act: Jharkhand High Court
The Jharkhand High Court has held that an order passed by the MSEF Council dismissing a reference made under Section 18 of the MSMED Act as not maintainable, without conducting the conciliation or the consequent arbitral proceedings, is not an award which can be challenged under Section 34 of the A&C Act r/w Section 19 of the MSMED Act. The bench of Justices Shree Chandrashekhar...
Family's Prestige At Stake In Rape Cases, Delay In Filing FIR Not Fatal To Prosecution If Proper Explanation Given: Jharkhand High Court
The Jharkhand High Court has reiterated that delay in lodging FIR in cases of rape, where the dignity and reputation of the family are on the line, should not be considered fatal to the prosecution's case.Justice Subhash Chand observed,“Indeed, in case of a rape wherein the dignity and prestige of the family is at stake, the time is also taken in deciding whether to lodge the F.I.R. or not....
Non-Consensual Sexual Intercourse Constitutes Rape Irrespective Of Assurances Of Marriage : Jharkhand High Court
The Jharkhand High Court has refused to discharge a man who allegedly obtained consent of the victim on the pretext of marriage but forcibly committed initial sexual intercourse with her.Justice Subhash Chand observed, “As such from the very beginning he got the consent of the victim on the pretext of marriage. After assuring the victim to marry he came in courtship of the victim and for...
Jharkhand High Court Weekly Round-Up: September 18 - September 24, 2023
Nominal Index [Citations: 2023 LiveLaw (Pat) 43-48]Abhishek Kumar Paul vs. The State of Jharkhand and Another 2023 Livelaw (Jha) 43RM vs. The State of Jharkhand 2023 LiveLaw (Jha) 44Pooja Giri vs. The State of Jharkhand and Others LiveLaw (Jha) 45 Software Freedom Law Center, India vs The State of Jharkhand 2023 LiveLaw (Jha) 46 Adhunik Power and Natural Resources Limited and Other vs The...
Does Not Behove A Judicial Magistrate To Pass Reckless Orders: Jharkhand High Court Cancels JMFC's Proclamation Order, Calls For Training
In a stern rebuke, the Jharkhand High Court has cancelled an order issued by a Judicial Magistrate First Class (JMFC) of Ranchi Civil Court. The High Court expressed strong reservations, stating that the JMFC's order appeared to have circumvented the law, and further emphasized that JMFC lacked a fundamental understanding of legal principles, necessitating training.Justice Anil Kumar...
Ensure 18-Month Data Storage For CCTV Cameras In Police Stations: Jharkhand High Court Directs State
The Jharkhand High Court has issued a directive to the State government and the Director General of Police (DGP) to ensure that CCTV cameras installed in police stations retain data for a minimum of 18 months.Justice Sanjay Kumar Dwivedi directed, “the State of Jharkhand and the Director General of Police, Jharkhand are directed to ensure that CCTV cameras are installed in each and every...
Sitting Judge Of Jharkhand High Court Justice Kailash Prasad Deo Passes Away
The Jharkhand High Court, along with its offices and subordinate courts throughout the state, will remain closed on September 22nd, 2023, to pay homage and mark respect for the departed soul of Late Justice Kailash Prasad Deo, a distinguished Judge of the Jharkhand High Court.Late Justice Kailash Prasad Deo passed away peacefully at 5:20 am this morning at Medical Hospital in Ranchi after...
SC/ST Act Designed To Safeguard Marginalized Communities, Not Score-Settling Persecution: Jharkhand High Court
The Jharkhand High Court has underscored the essence and purpose of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), emphasizing its role in safeguarding the interests of marginalized sections of society and warning against its misuse as a tool for settling personal scores.Justice Gautam Kumar Choudhary, presiding over the case, pointed out...
Criminality Cannot Be Fastened In Every Case For Mere Breach Of Contract: Jharkhand High Court
While observing that not every dispute should culminate in criminal charges, especially when the underlying issue is fundamentally civil in nature, such as a breach of contract, the Jharkhand High Court quashed criminal proceedings against a petitioner in a case that involved allegations under Sections 406, 420, 379, and 120B of the Indian Penal Code (IPC)Justice Sanjay Kumar Dwivedi...
Publish All Internet Suspension Orders Within 48 Hours : Jharkhand High Court Directs State Govt
The Jharkhand High Court while issuing a verdict in response to a Public Interest Litigation (PIL) by the Software Freedom Law Center, India, has directed the State Government to upload all previous orders pertaining to the suspension of internet services within 48 hours on the official website of the State Government.Chief Justice Sanjaya Kumar Mishra and Justice Ananda Sen held, “In that...
Jharkhand High Court Orders FIR Against Police Personnel For Assault On Protesting Relatives Of Murdered Bajrang Dal Leader
Jharkhand High Court has directed the state police to file a First Information Report (FIR) against its personnel accused of assaulting the relatives of Kamaldev Giri, a prominent Bajrang Dal leader who was tragically murdered in Chakradharpur last year.Justice Sanjay Kumar Dwivedi held that, “This is not a single case. There are many cases of such nature, which have been examined by this...
Married Woman Can't Claim Consent To Establish Physical Relations Outside Marriage Obtained On False Promise To Marry: Jharkhand HC Quashes Rape FIR
The Jharkhand High Court has dismissed a rape case filed by a woman who was a married adult, noting that she was fully aware of the potential consequences of engaging in a physical relationship with another person. The court ruled that the accused could not be deemed to have obtained her consent under false pretense, thus quashing the charges based on an alleged promise of...