Assesse Failed To Appear Before Adjudicating Authority, No Violation Of Natural Justice: Jharkhand High Court

In a recent ruling, the Jharkhand High Court dismissed a writ petition filed by a proprietorship firm engaged in civil contract work, challenging an Order-in-Original (OIO) passed by the Additional Commissioner of Central GST & CX, Ranchi.The noted that the Assessee had been given ample opportunities to appear before the adjudicating authority. The court also highlighted that letters...

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 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...

Former Ranchi Deputy Commissioner's Bail Plea Rejected By Jharkhand High Court In Army Land Sale Case

The Jharkhand High Court last week rejected a bail petition of former Ranchi Deputy Commissioner, Chhavi Ranjan in the army land sale case. The former Deputy Commissioner had moved the high court seeking his release on the grounds of non-submission of the charge sheet within the stipulated time.However, the court held that there was no irregularity on the part of the investigating agency...

‘Ingredients Of SC/ST Act Absent’: Jharkhand High Court Quashes FIR And Criminal Proceedings Against BJP Leader Pratul Shahdeo

The Jharkhand High Court has quashed the FIR and subsequent criminal proceedings against Bharatiya Janata Party (BJP) leader Pratul Shahdev for allegedly abusing his former driver.Shahdev was booked under Sections 341, 342, 323, 325, 307 of the Indian Penal code and 3/4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. It was alleged that he forcibly took...

Chairman Not Vicariously Liable U/S 22-C Minimum Wages Act Without Implicating Company: Jharkhand High Court

The Jharkhand High Court has held that as per Section 22-C of the Minimum Wages Act, 1948, when vicarious liability arises based on the averments in a complaint, the Chairman of the Company cannot be proceeded against without impleading and taking cognizance against the Company itself.Justice Gautam Kumar Choudhary observed, “In the present case, there is no direct allegation against...

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...