Jharkhand High Court
Jharkhand High Court Directs State To Pay Rs 5 Lakh Compensation To Man Who Spent 4 Months In Jail On False Murder And Rape Charges
The Jharkhand High Court has directed the State government to pay a compensation of Rs 5 lakh to a man who spent four months in jail in 2014 in a false case of murder and rape. The victim was later found to be alive.The petitioner, Ajit Kumar was detained for four months from February to July in 2021 in a false case of murder and rape under Sections 376(D), 302, 201 and 34 of the Indian...
Rajya Sabha Polls 2016: Jharkhand High Court Dismisses Plea Seeking CBI Probe In Case Against IPS Officer Anurag Gupta
The Jharkhand High Court has dismissed a petition seeking CBI probe in a 2016 case alleging that IPS officer Anurag Gupta and others interfered with the 2016 Rajya Sabha elections in the state. The case under section 171(b), (c), (e) and (f) of the IPC was registered on the complaint of Election Commission of India.Justice Sanjay Kumar Dwivedi said transfer of a case to CBI can happen only...
Remark On Amit Shah| 'He Is Not Ready For Hearing': Jharkhand High Court Vacates Its Order Granting Relief To Rahul Gandhi
The Jharkhand High Court last week vacated its order of May 2022 wherein it granted relief to Rahul Gandhi in connection with a criminal defamation complaint pending before the Chaibasa Court over his alleged remark made in March 2018 against the then BJP President Amit Shah.The bench of Justice Anil Kumar Choudhary passed this order as it observed that Gandhi is not ready for hearing in...
'Murder Accused-Amit Shah' Remark| Jharkhand HC Reserves Verdict On Rahul Gandhi's Plea To Quash Defamation Case
The Jharkhand High Court today reserved its verdict on the plea moved by Disqualified MP Rahul Gandhi to quash the defamation filed against him by the magisterial court in Ranchi for allegedly maligning BJP and its then-president leader Amit Shah by calling him a Murder Accused in March 2018.The bench of Justice Ambuj Nath reserved its orders today after both sides concluded their arguments...
Defamation Case| 'Amit Shah No More An Accused, Rahul Gandhi's Statement Against Him Was False': Complainant Submits In Jharkhand HC
In a defamation case filed against Congress leader and disqualified MP Rahul Gandhi for allegedly maligning BJP and its then-president leader Amit Shah by calling him a Murder Accused, the Complainant last week filed a counter affidavit in the matter before the Jharkhand High Court.In his counter-affidavit, Complainant-Navin Jha has stated that Shah had already been discharged by the...
There Is No Exception To Section 202 CrPC; Mandatory Even When Govt Is Complainant: Jharkhand High Court
The Jharkhand High Court has held that a Magistrate is mandatorily required to postpone the issue of process before taking cognisance of a matter when the accused persons are situated in an area beyond its territorial jurisdiction, even when the government is the complainant.“It is worth considering that there is no exception to the section 202 Cr.P.C, and in that view of the matter, even...
'Murder Accused-BJP President' Remark| Jharkhand HC Grants Last Chance To Complainant To File Counter In Defamation Case Against Rahul Gandhi
In a defamation case filed against Congress leader and disqualified MP Rahul Gandhi for allegedly maligning BJP and its then-president leader Amit Shah, the Jharkhand High Court granted a last chance to the complainant to file his counter affidavit in the matter. The case against Gandhi filed by BJP Leader Navin Jha pertains to a statement made by Gandhi in 2018 wherein he allegedly said...
Jharkhand High Court Issues Notice On PIL Seeking Insurance Coverage For Advocates
The Jharkhand High Court has issued notice in a PIL seeking directions for life and medical insurance coverage to advocates practicing in Jharkhand. The petition by Bidesh Kumar Dan, an advocate practicing in Civil Court, Dhanbad also, seeks a direction for expansion of the coverage of Ayushman Bharat Health Insurance Scheme to include Advocates and their dependent family members. “Let...
S.427 CrPC | Sentences Imposed On Habitual Offender In Separate Trials Can't Run Concurrently Without Considering Gravity: Jharkhand High Court
While disposing of a revision petition, a division bench of the Jharkhand High Court has recently held that sentences in separate trials involving different offences and victims cannot run concurrently without considering the gravity of those offences and their impact on the society.The division bench comprising Justices Ajay Kumar Gupta and Joymalya Bagchi observed,“Sentences awarded in...
No Vicarious Liability Of Company Managers When Their Role Not Disclosed In Complaint Petition: Jharkhand High Court
The Jharkhand High Court has recently held that vicarious liability cannot be imposed against an accused-Manager of the company when his role has not been mentioned in the complaint petition, and it has not been disclosed during the solemn affirmation or by the enquiry witnesses.A bench comprising Justice Sanjay Kumar Dwivedi made the observation while allowing a criminal writ petition...
Deliberate Departure From Terms Of Contract May Tantamount To A Malafide Action By Arbitrator: Jharkhand High Court
The Jharkhand High Court has reiterated that the arbitrator derives authority from the contract and thus, the award passed by him in manifest disregard to the terms of the contract would be arbitrary in nature. The bench of Justice Anubha Rawat Choudhary remarked that deliberate departure from the contract amounts not only to manifest disregard of its authority or misconduct on the part...
Resolution Professional Under IBC Will Come Within Meaning Of 'Public Servant' Under Prevention Of Corruption Act: Jharkhand High Court
A recent ruling of the Jharkhand High Court has made it clear that a Resolution Professional will be considered a public servant under both sections 2(c)(v) and (viii) of the Prevention of Corruption Act, 1988 (PC Act), because his office entails the performance of functions that are in the nature of public duty. A bench comprising Justice Gautam Kumar Choudhary passed the above...