‘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...

Jharkhand High Court Quashes Proceedings U/S 276B Against The Petitioner Who Failed To Deposit The TDS Amount

The Jharkhand High Court has quashed the criminal proceedings against a petitioner who had been facing charges under Sections 276B and 278B of the Income Tax Act, 1961. The petitioner's firm had allegedly failed to deposit the Tax Deducted at Source (TDS) amount with the Income Tax Department in accordance with the provisions of the Income Tax Act.The petitioner had filed a plea seeking...

Income Tax Act | Annulled Penalty Order Implies Absence Of Concealment, S.276C Proceedings Automatically Quashed: Jharkhand High Court

The Jharkhand High Court has recently held that when a penalty order is set aside, it implies the absence of concealment of income, leading to the automatic quashing of criminal proceedings under Section 276C(1) of the Income Tax Act.Justice Sanjay Kumar Dwivedi added that quashing the penalty order undermines the foundational basis for the criminal case, as criminal intent was deemed absent...

Police Cannot Seize Immovable Property U/S 102 CrPC Without Court Order: Jharkhand High Court

The Jharkhand High Court recently held that the police cannot seize immovable property under Section 102 of the Criminal Procedure Code (CrPC) without an order from a competent court of law.Relying on Nevada Properties Pvt Ltd v. State of Maharashtra & Anr, Justice Sanjay Kumar Dwivedi ordered to unseal the premises of a factory owned by the petitioner who was accused of engaging in...

Cancellation Of Entire Selection Process Unjustified If Irregularities Curable: Jharkhand High Court

The Jharkhand High Court has recently issued a comprehensive list of directions regarding a contentious recruitment process at the Rajendra Institute of Medical Sciences (RIMS).The division bench of Justices Sujit Narayan Prasad and Navneet Kumar thereby modified the Single Judge’s verdict and opined that scrapping the recruitment advertisement or the entire selection process for Grade-IV...

Jharkhand High Court Weekly Round-Up: August 21 To August 27, 2023

Nominal IndexThe State of Jharkhand and Others vs. M/s Flowmore Limited 2023 LiveLaw (Jha) 28Jiramani Devi vs. State of Jharkhand 2023 LiveLaw (Jha) 29Bijay Hansda vs. The State of Jharkhand and Others 2023 LiveLaw (Jha) 30Krishna Kabir vs. The Union of India through Central Bureau of Investigation 2023 LiveLaw (Jha) 31Judgements/Orders This WeekLabor Cess Inapplicable To Material Supply...

Jharkhand High Court Grants Anticipatory Bail To Alchemist Group Director In Financial Fraud Case

The Jharkhand High Court has granted anticipatory bail to Krishna Kabir, the Director of the Alchemist Group, in connection with a case involving financial fraud and investor deception. Justice Gautam Kumar Choudhary was hearing a case that revolves around accusations of luring investors with false promises related to land bookings. The matter has drawn significant attention due to the...

Jharkhand High Court Orders CBI To Conduct Preliminary Inquiry Into Allegations Of Illegal Mining And Political Intimidation

The Jharkhand High Court has directed the Central Bureau of Investigation (CBI) to probe the illegal mining, and intimidation in Sahibganj district. The case involves serious charges against influential individuals linked to the illegal stone mining trade.Justice Sanjay Kumar Dwivedi asked the CBI to complete the preliminary inquiry and submit the report within a month while observing,“It...