Jharkhand High Court
Jharkhand High Court Advocates' Association Ends Strike As Division Bench Stays Order Debarring Lawyer
Jharkhand High Court Advocates' Association (JHCAA) today concluded its strike following a Division Bench order staying the debarment of a lawyer. Exercising its authority under Article 215 and 226 of the Constitution coupled with Section 14 of the Contempt of Court Act, bench of Justice Rajesh Kumar on May 15 suspended the license of a lawyer and barred him from entering the High...
Presumption Of Guilt U/S 113B Evidence Act Inapplicable When All Ingredients Of Dowry Death U/S 304B IPC Not Proved By Prosecution: Jharkhand HC
The Jharkhand High Court has emphasized that for the statutory presumption under Section 113B of the Indian Evidence Act to apply, the prosecution must establish through evidence that the deceased faced cruelty or harassment related to dowry shortly before her unnatural death in her marital home. This presumption, the Court stated, is only triggered when all the elements of the offense...
Jharkhand High Court Conducts Orientation-Cum-Workshop On Gender Sensitization
The Jharkhand High Court successfully concluded an Orientation-cum-Workshop on Gender Sensitization with a focus on the Procedure of Redressal of Sexual Harassment of Women at Workplace on May 10.The workshop was conducted by the High Court of Jharkhand Gender Sensitization and Internal Complaints Committee under the aegis of the High Court of Jharkhand. Distinguished guests and...
S. 106 Evidence Act | Unless Prosecution Proves Case Beyond Reasonable Doubt, Burden Of Proof Can't Be Shifted To Accused: Jharkhand High Court
In a recent ruling, the Jharkhand High Court overturned the judgement of a trial court in a murder case, emphasizing the necessity for the prosecution to establish its case beyond reasonable doubt. The Court observed that unless the prosecution proves its case beyond reasonable doubt, the burden of proof cannot be shifted onto the accused, as stipulated under section 106 of the Evidence Act....
S.26 Specific Relief Act | Without Any Rectification In Registered Instruments, Revenue Records Can't Be Corrected: Jharkhand High Court
The Jharkhand High Court while expounding on Section 26 of the Specific Relief Act, 1963, has emphasized that rectification of an instrument is imperative if the true intention of the parties is not reflected due to mutual mistake.Justice Ananda Sen, observed, “Since their records were based on the registered sale deed and the settlement deed, those instrument first needs to be corrected,...
Jharkhand High Court Dismisses Contempt Proceedings Against State's Advocate General And AAG
The Jharkhand High Court has granted substantial relief to the state's Advocate General Rajeev Ranjan and Additional Advocate General Sachin Kumar, in a petition seeking initiation of criminal contempt proceedings against them. The petition stemmed from alleged remarks and conduct while seeking the recusal of Justice Sanjay Kumar Dwivedi from a matter.For context, a single bench of the High...
'Day Not Far When Lawyers Won't Need To Carry Files': Jharkhand High Court Launches Android App, QR Directory For Enhanced Judicial Accessibility
In a bid to embrace technological advancements and foster efficiency within the judicial system, the Jharkhand High Court organized a momentous program on May 8, marking the launch of an Android Mobile Application and the release of a QR Directory of e-Services.The event, graced by the presence of esteemed dignitaries including all Judges of the High Court of Jharkhand, the Advocate...
Permanent Lok Adalat Can Decide Public Utility Service Disputes Like Insurance Which Do Not Relate To Any Offence: Jharkhand HC
The Jharkhand High Court has reiterated that Permanent Lok Adalats have the jurisdiction to adjudicate disputes pertaining to insurance claims.Presiding over the case, Justice Navneet Kumar emphasized,“Permanent Lok Adalat...has right to decide the dispute which could not be settled by a settlement agreement between the parties and the dispute does not relate to any offence. Such right...
Jharkhand High Court Weekly Roundup: April 29 - May 5, 2024
Nominal Index [Citations: 2023 LiveLaw (Jha) 64-71]Anvil Cables Pvt. Ltd. v. State of Jharkhand and Ors. 2024 LiveLaw (Jha) 64Bapi Namta @ Baapi Namta v. The State of Jharkhand 2024 LiveLaw (Jha) 65Munna Sao v. State of Jharkhand 2024 LiveLaw (Jha) 66Hemant Soren v. Directorate of Enforcement 2024 LiveLaw (Jha) 67Hemant Soren v. Directorate of Enforcement & Anr. 2024 LiveLaw (Jha) 68K....
Refusal By JBVNL To Reimburse Contractor GST Impact On Indirect Transactions Violative Of Article 14: Jharkhand High Court
The Jharkhand High Court has held that the action of Jharkhand Bijli Vitran Nigam (JBVNL) offends Article 14 of the Constitution of India by refusing to reimburse contractor GST impact on indirect transactions.“This is a settled law that the state and its instrumentalities are required to demonstrate fair play in action. In “ABL International Ltd. and Another,"17 the Hon'ble Supreme...
Pensionary Benefit Earned On Account Of Meritorious Past Services, Is A Constitutional Right Of An Employee Under Article 300-A Of The Constitution: Jharkhand High Court
A division bench of the Jharkhand High Court comprising of Shree Chandrashekhar, A.C.J. and Navneet Kumar, J., while deciding Letters Patent Appeals in the case of Birsa Agricultural University vs State of Jharkhand, has held that denying pensionary benefits to an employee is to rob them of a constitutional right under Article 300A of the Constitution, as pension is earned by the...
Management Not Responsible For Accident If Workman Does Not Utilize Provided Safety Equipment: Jharkhand High Court
The Jharkhand High Court single bench of Justice Sanjay Kumar Dwivedi held that the Management could not be held responsible for the accident of a Workman in the factory premises if despite providing the safety equipment, the Workman fails to utilize it. Brief Facts: The Workman employed with BMC Metal Cast Pvt. Ltd. (“Management”) suffered an injury while working. Following...