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...

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...