Jharkhand High Court
Show Cause Notice Specifying Grounds For Proposed Action Is Mandatory Before Passing Blacklisting Order: Jharkhand High Court
The Jharkhand High Court has quashed the state prison department's decision to blacklist a trader from supplying any food material to the Divisional Jail, Lohardaga, for five years for being violative of natural justice. Sai Traders had allegedly failed to comply with an official order to supply food in the jail during the lockdown period in 2020.Justice Rajesh Shankar said the...
Can't Allow Protest Petition When Finding Of Expert Committee In Medical Negligence Case Is In Favour Of Doctor: Jharkhand High Court
The Jharkhand High Court has held that proceeding further on a protest petition when the finding of the expert committee constituted in a medical negligence case is in favour of the doctor, amounts to abuse of process of law.The court passed the above order in a criminal miscellaneous petition that was filed to quash the entire criminal proceeding, including the order taking cognizance passed...
Using Criminal Prosecution To Extract Dues For Which A Civil Remedy Is Available Is Unacceptable: Jharkhand High Court
A bench comprising Justice Gautam Kumar Choudhary of the Jharkhand High Court, while allowing a criminal miscellaneous petition, has recently ruled that criminal prosecution, in any case, cannot be permitted as an arm twisting measure to settle and extract dues for which efficacious civil remedy is available.In this case, the Criminal miscellaneous petition was preferred for quashing of...
Jharkhand High Court Organises Programme On Gender Sensitization, Workplace Sexual Harassment
A Programme on Gender Sensitization with focus on Prevention, Prohibition and Redressal of Sexual Harassment of Women at the Workplace was organized at the Jharkhand High Court on Friday.The programme was organised by the High Court of Jharkhand Gender Sensitization and Internal Complaints Committee.The programme was presided by the Chief Justice of Jharkhand High Court Justice Sanjaya...
'FIR Lodged Malafidely': Jharkhand High Court Quashes Case Against MPs Nishikant Dubey, Manoj Tiwari In Deoghar Airport Case
The Jharkhand High Court on Monday quashed the FIR lodged last year against MPs Nishikant Dubey, and Manoj Tiwari on the allegations of forcibly entering the Air Traffic Control (ATC) office in Deoghar and pressurizing the personnel to grant clearance to their chartered flight to take off from the airport. Terming the FIR to be ‘Malafide’ and observing that allowing the case...
Jharkhand High Court Stays Show-Cause Notices Issued By Two Different Authorities In Respect Of The Same Subject Matter
The Jharkhand High Court has stayed the show-cause notices issued by two different authorities in respect of the same subject matter as being outside its jurisdiction.The division bench of Acting Chief Justice Aparesh Kumar Singh and Justice Deepak Roshan has listed the matter on 29.03.2023 for the next date of hearing.The petitioner has challenged the show-cause notice issued by the...
[S.123 Railways Act] Death After Assault By Railway Police For Protesting Wife's Molestation In Train Is 'Untoward Incident': Jharkhand High Court
The Jharkhand High Court on Thursday ordered Rs. 4 lakh compensation under Railways Act in favour of a widow, who lost her husband in an assault by the Railway Police personnel during train journey after he protested her molestation by the said personnel.While setting aside the judgment of the Railway Claims Tribunal which dismissed the claim of the petitioner, the single judge bench of...
Jharkhand High Court Allows Migration Of The TDS Amount Under GST
The Jharkhand High Court has held that the unadjusted TDS amount has to be treated as an input tax credit amount and is required to be carried forward in the next succeeding months.The division bench of Acting Chief Justice Aparesh Kumar Singh and Justice Deepak Roshan has observed that the unadjusted TDS amount would have been otherwise refundable to the petitioners if it were not allowed to...
Can't Condone Delay If Applicant Fails To Show ‘Sufficient Cause’ For The Delay: Jharkhand High Court Reiterates
The Jharkhand High Court has reiterated that the court should not allow an application for condonation of delay until and unless the applicant satisfies the court that he was prevented by any ‘sufficient cause’ from prosecuting the case. While dismissing the second appeal, Justice Sanjay Kumar Dwivedi observed: “The applicant must satisfy the Court that he was prevented by...
'Prosecution Story Reminds One Of A Crime Thriller': Jharkhand High Court Denies Bail To CM's Alleged Aide In Illegal Mining Case
Denying bail to an alleged aide of Jharkhand's sitting Chief Minister Hemant Soren in connection with an illegal mining case, the High Court recently said that the story of the prosecution (ED) "reminds one of a crime thriller, where the state withers and the crime cartels with political connection, clash for natural resources of the state".The bench of Justice Gautam Kumar Choudhary...
Benefit Under SVLDRS Scheme Cant Be Denied Based On Dept. Decision To File Appeal: Jharkhand High Court
The Jharkhand High Court has held that the benefit under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS scheme), cannot be denied by the designated committee for the reason that the department has decided to file an appeal against the order.The division bench of Acting Chief Justice Aparesh Kumar Singh and Justice Deepak Roshan has observed that the Designated...
Mining Lease Of 999 Years Violates ‘Rule Against Perpetuity’ And Shall Be Void Being Against Public Policy: Jharkhand High Court
The Jharkhand High Court has observed that a mining lease of 999 years amounts to a leave for perpetuity, which is opposed to public policy and is void.A division bench of Justice Shree Chandrashekhar and Justice Ratnaker Bhengra observed,“A period of Nine Hundred and Ninety-Nine years may be construed a period in perpetuity. It may also be considered an indefinite period and a mining lease...