Jharkhand High Court
Consensual Relationship Continuing For 6 Years, Not Rape: Jharkhand High Court Quashes Case For False Promise To Marry Widowed Sister-In-Law
The Jharkhand High Court has granted relief to a man accused of raping his widowed sister-in-law under pretext of false to marry her, asserting that prosecutrix was a married woman of legal age, was well aware of the consequences of her relationship with her brother-in-law.Justice Subhash Chand observed that the evidence presented did not establish the victim's consent was obtained...
Employees Compensation Act | Insurer Of Vehicle Involved In Accident Cannot Escape Liability: Jharkhand High Court
In a case involving an appeal under Section 30 of the Employee's Compensation Act, 1923, which contested a Labor Court's award that did not include interest as mandated by Section 4(A) of the Act, the Jharkhand High Court observed that compensation should be calculated from the date of the accident, and interest calculations should commence from that very date. Additionally, the court...
Not Providing Proper Medical Aid To Wife To Enforce Dowry Demand Amounts To Cruelty U/S 498A IPC: Jharkhand High Court
The Jharkhand High recently held that not providing proper medical aid to one's wife to enforce the demand of dowry would come within the definition of cruelty as enunciated under Section 498A of the Indian Penal Code. Holding thus, a bench of Justice Ambuj Nath upheld the conviction of accused Sanjay Kumar Rai finding him guilty of committing cruelty as defined under Section 498A...
Amendment In CGST Rule 89(4) To Have Prospective Effect: Jharkhand High Court
Jharkhand High Court has ruled that the explanation inserted in Rule 89(4) of the CGST Rules, 2017, through Notification No. 14/2022-Central Tax dated 05.07.2022, is not of a clarificatory nature and thus will be applied prospectively.The above decision was reached in response to a petition where the refund claim of the petitioner was rejected due to the contention that, in processing...
Penalty Order Set Aside Leads To Automatic Quashing Of Prosecution Under Section 276C(1) Of Income Tax Act: Jharkhand High Court
In a significant ruling, the Jharkhand High Court has held that once a penalty order is set aside, it will be presumed that there is no concealment of income, automatically leading to the quashing of prosecution under Section 276C(1) of the Income Tax Act.Justice Sanjay Kumar Dwivedi, while delivering the judgment, emphasized, “In view of the above judgments, the Court comes to the...
Jharkhand High Court Orders ₹8 Lakh Compensation To Man Falsely Accused In NDPS Case, Jailed For 8 Yrs
The Jharkhand High Court has directed the Additional Director General of the Narcotics Control Bureau (NCB), Sub Zone, Ranchi to pay a compensation of Rs. 8 lakhs to a man who was falsely implicated in a NDPS (Narcotic Drugs and Psychotropic Substances) and remained in jail custody for about 8 years for a crime which he did not commit.Justice Sanjay Kumar Dwivedi observed, “In view of above...
Jharkhand High Court Implements New Timings For Remand Matters, Says Production Of Arrestee At Evening Causes Inconvenience To Everyone
The Jharkhand High Court has directed all Magistrates to ensure that remand matters are taken up by them at 2 PM to avoid production of persons arrested in the evening hours.The direction was made in a suo moto case registered concerning the safety and security of court premises, staff and judges in Jharkhand, in the wake of a recent incident where a civil court employee was attacked by...
‘Presence Of Magnesium Carbonate Itself Does Not Make A Food Article Prohibited’: Jharkhand High Court
The Jharkhand High Court has delivered a crucial judgment regarding the presence of magnesium carbonate in food products, stating that it does not inherently make a food article prohibited under the Food Safety and Standards Act, 2006 (FSS Act).The Division Bench of Chief Justice Sanjaya Kumar Mishra and Justice Ananda Sen observed, “...the respondents have taken a decision to ban certain...
"Custodian Of Art, Culture & Heritage": Jharkhand High Court Issues Directives For Protection Of Tagore Hill, 100 Yrs Old Structures
The Jharkhand High Court has issued a directive to both the State Government and the Archaeological Survey of India (ASI) to take immediate measures for the preservation, protection, and maintenance of Tagore Hill, along with its iconic structures: "Brahmo Mandir," "Kusumtal," "Shanti Dham," and the "Samadhisthal."Referring to the Ancient Monuments and Archeological Sites and Remains Act 1958,...
Provide Basic Facilities To Pilgrims At Maa Chhinnamastike Temple: Jharkhand High Court Issues Directions To District Admin
In a noteworthy decision, the Jharkhand High Court has issued a set of directives aimed at enhancing the facilities for pilgrims visiting the revered Maa Chhinnamastike Temple in Rajrappa, Jharkhand. The court's decision follows a Public Interest Litigation (PIL) filed by a devoted petitioner who sought improvements in the temple's amenities. The division bench of Chief Justice Sanjaya...
Jharkhand High Court Weekly Round-Up: August 28 To September 3, 2023
Nominal Index [Citations: 2023 LiveLaw (Pat) 32-36]Rajendra Institute of Medical Science (RIMS) vs Ranjan Kumar Singh and Others 2023 LiveLaw (Jha) 32M/s A.M. Enterprises and Anr. vs. State of Jharkhand and Anr. 2023 LiveLaw (Jha) 33Pralay Pal vs. State of Jharkhand and Anr. 2023 LiveLaw (Jha) 34Abhay Kumar Singh vs. State of Jharkhand and Ors 2023 LiveLaw (Jha) 35Pradeep Yadav vs. The State...
'Sufficient Grounds To Proceed Trial': Jharkhand High Court Refuses To Discharge Congress MLA Pradeep Yadav In Sexual Harassment Case
The Jharkhand High Court on Friday dismissed the criminal revision petition moved by Congress MLA Pradeep Yadav, who had sought the dismissal of a sexual harassment case brought against him by a woman. Yadav had challenged an order passed by Additional Sessions Judge-III-cum-Special Judge, Dumka refusing to discharge him.The bench of Justice Subhash Chand opined that the victim's reasons for...