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...

Directors' Resignations Does Not Automatically Absolve Them Of Legal Responsibility For Dishonour Of Cheque Signed By Them: Jharkhand High Court

In a recent judgment, the Jharkhand High Court ruled against quashing criminal proceedings in a cheque dishonour case, emphasizing that directors' resignations from a company do not automatically absolve them of legal responsibilities particularly when the cheque was signed by them.Justice Sanjay Kumar Dwivedi observed, "Looking into sub-section 2 of Section 141 of N.I. Act prima facie it...

There Should Be Finality To Assessment, Can’t Have Repeated Reassessment Proceeding On The Dictate Of Audit Party: Jharkhand High Court

The Jharkhand High Court has held that if the assessing authority is allowed to initiate repeated re-assessment proceedings against an assessee merely on the dictate of the audit party, there would not be finality of assessment. The assessee would have a sword of Damocles hanging over it in perpetuity.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that, as far...

Section 234B Interest Has To Be Charged On The Assessed Income And Not On The Returned Income: Jharkhand High Court

The Jharkhand High Court has held that interest under Section 234B of the Income Tax Act has to be charged on the assessed income and not on the returned income.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that, as per Section 234B, interest has to be charged on an amount equal to the assessed tax or, as the case may be, on the amount by which the advance...

Jharkhand High Court Asks State Govt To Reevaluate Application For Premature Release Of Life Convict Serving Sentence Since Over 26 Yrs

The Jharkhand High Court, in a recent ruling, has directed the State Government to reevaluate the application for premature release filed by a petitioner who had been serving a life sentence under Section 302 of the Indian Penal Code and had been in custody for more than 26 years.Justice Sanjay Kumar Dwivedi observed, “In the case in hand, the case of the petitioner has been rejected only...

Jharkhand High Court Imposes Complete Ban On Loudspeakers, Sound Amplifiers From 10 PM To 6 AM; Authorities May Relax 2 Hrs During Festivities

In a significant move, the Jharkhand High Court has issued a comprehensive order to curb noise pollution in the city. The Court has directed the Deputy Commissioners of each district to implement its order of complete ban on loudspeakers, public address systems, sound amplifiers from 10 pm to 6 am in the city. The court further ordered that there will be no beating of drums, tomtoms or blowing...

Maintenance Obligations Should Not Burden A Husband To The Point Of Marriage Becoming A Punishment: Jharkhand High Court

While revising the maintenance amount awarded to a woman in a matrimonial dispute, the Jharkhand High Court has opined that while it is the husband's moral obligation to provide maintenance to his wife, ensuring she can maintain a lifestyle similar to that of their matrimonial home, this does not justify burdening the husband to the extent that the marriage becomes a punishment for...

Jharkhand HC Rejects Claim Over Protected Forest Land, Says Title Plea Insufficient For Immunity From Prosecution Sans Substantiated Document Evidence

The Jharkhand High Court has ruled that merely asserting a claim of ownership is insufficient to secure protection from prosecution for encroachment of protected forest land, unless this claim is substantiated by a title document that can reasonably support the petitioner's legal right to the property in question.Justice Gautam Kumar Choudhary observed, “The proprietary title can devolve by...

Jharkhand High Court Weekly Round-Up: October 8 To October 15, 2023

Nominal Index [Citations: 2023 LiveLaw (Jha) 55-59]Pratul Shahdeo @ Pratul Nath Shahdev vs. The State of Jharkhand and Another 2023 LiveLaw (Jha) 55Rajeev Kumar vs. The Principal Commissioner of Central Goods and Service Tax 2023 LiveLaw (Jha) 56Chhavi Ranjan vs Union of India 2023 Livelaw (Jha) 57Anil Saw vs The State of Jharkhand LL Citation: 2023 Livelaw (Jha) 58Adhunik Power &...

Can't Deny Medical Reimbursement By Discriminating Between Indoor Patient And Outdoor Patient: Jharkhand High Court

The Jharkhand High Court has held that the determination of whether a patient should be categorized as "indoor" or "outdoor" depends on the expert judgment of the attending doctors at the respective hospital. The Court has further emphasized that if the medical professionals decide to provide treatment without hospitalizing the patient as an "indoor patient," then denying reimbursement...

No Reference Of Sexual Assault In Victim's Statement U/S 164 CrPC: Jharkhand High Court Grants Bail To POCSO Accused

The Jharkhand High Court recently granted bail to an accused in a POCSO case stating that no evidence of sexual assault was found in the victim's statement recorded under Section 164 CrPC.The division bench comprising Justices Sujit Narayan Prasad and Navneet Kumar observed, "It appears from the record that the statement of the girl, immediately after recovery, was recorded before the...

Wrong Collection Of TCS On Purchase Of Coal For Generation Of Power: Jharkhand High Court Directs Refund

The Jharkhand High Court has directed the Tax Collected as Source (TCS) refund wrongfully collected despite verifying purchase of coal was used for the generation of power.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that the root cause lies in the illegality committed by the Revenue in compelling Central Coalfields Limited (CCL) in effecting TCS qua...