Jharkhand High Court
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...
Jharkhand High Court: Important Judgments Of 2022
Citations: 2022 LiveLaw (Jha) 1 to 97NOMINAL INDEXRinki Kumari @ Anita Kumari v. Kundan Kumar @ Kundan Kumar Singh, 2022 LiveLaw (Jha) 1Arun Kumar Prajapati v. State of Jharkhand, 2022 LiveLaw (Jha) 2Kayum Ansari v. Central Coal Feild Limited, 2022 LiveLaw (Jha) 3Ashok Kumar Singh & Ors v. the State of Jharkhand and Other Connected Matters, 2022 LiveLaw (Jha) 4National Insurance...
DNA Tests Can Encroach On Privacy & Physical Autonomy, Can't Be Directed As A Matter Of Course: Jharkhand High Court
The Jharkhand High Court has observed that the order to conduct DNA Tests cannot be passed as a matter of course as such a direction may encroach privacy and physical autonomy of a person. With this, the bench of Justice Sanjay Kumar Dwivedi upheld an order of the Special Judge, POCSO, Ranchi rejecting the plea of the man, facing rape charges under the POCSO Act, seeking a direction to...
Centre Notifies Appointment Of Justice Aparesh Kumar Singh As Acting Chief Justice Of Jharkhand High Court
The Central government has notified the appointment of Justice Aparesh Kumar Singh as the Acting Chief Justice of Jharkhand High Court. The appointment will take effect from December 20, subsequent to retirement of Dr. Justice Ravi Ranjan.The notification reads thus:"In exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased to appoint, Shri...
Married Woman Can't Be Lured To Give Consent For Sex On False Promise Of Marriage: Jharkhand High Court
The Jharkhand High Court has held that a married woman, who enters into a consensual sexual relationship with a man other than her husband, cannot later on prosecute him for rape on the false pretext of marriage. In other words, the Court was of the view that a married woman cannot be lured to give consent for sex on the false promise of marriage, as such promise is illegal. While...
Jharkhand High Court Grants Interim Protection To Chhattisgarh BJP Candidate Brahmanand Netam In POCSO Case
The Jharkhand High Court on Monday directed the State to desist from taking any 'coercive steps' against Brahmanand Netam, BJP candidate in the Bhanupratappur assembly by-election in Chhattisgarh, booked in a case involving serious sexual offences under Sections 376B, 376(2)(a)(i), 376D, 366A & 370 of the IPC along with Sections 4 and 6 of the POCSO Act.The case reportedly involves...
Fresh Notice Under Section 21 Not Required To Be Issued For Appointment Of Substitute Arbitrator: Jharkhand High Court
The Jharkhand High Court has ruled that a party is not required to make a fresh request for appointment of substitute arbitrator by issuing a notice under Section 21 of the Arbitration and Conciliation Act, 1996 (A&C Act), if notice under Section 21 was issued for appointment of the arbitrator sought to be substituted. The bench of Justice Sujit Narayan Prasad held that once...
Muslim Woman Can Marry Person Of Her Choice After Attaining 15 Yrs Of Age: Jharkhand High Court Reiterates
The Jharkhand High Court has held that there is a presumption under Muslim law that people attain puberty at the age of '15 years' and upon attaining the same, they are at liberty to marry persons of their choice without any interference of their guardians. While quashing a pending criminal proceeding against a man for marrying 15 years-old-girl, a Single Bench of Justice Sanjay...
Dispute Arising Out Of Erstwhile Central Excise Act Has To Be Dealt With Under Its Provisions And Not Under GST: Jharkhand High Court
The Jharkhand High Court has held that the initiation of proceedings by the department under section 73 (1) of the CGST Act, 2017 for alleged contravention of the Central Excise Act (C.E.A.) and Finance Act against the petitioner in terms of Section 140 of the CGST Act for the transition of CENVAT Credit as being inadmissible under GST was beyond his jurisdiction.The division bench of...
In-house Software Launched By Jharkhand High Court
In-house Software launched by the Chief Justice which have been developed by Office of CPC. File Tracking System. This application can track the movement of physical files/documents of receiving/dispatch Section. This application has been inaugurated by the Chief Justice, High Court of Jharkhand in presence of Judges of High Court on 17.11.2022. Software launched by the...
Deposit in Electronic Cash Ledger prior to due date of filing of GSTR-3B return does not discharge tax liability: Jharkhand High Court
The Jharkhand High Court has ruled that any deposit in the electronic cash ledger prior to the due date for filing the GSTR 3B return does not amount to a discharge of the registered person's tax liability.The division bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan observed that an electronic cash ledger is just an e-wallet where cash can be deposited at any time by creating...
Jharkhand High Court Launches E-Filing 3.0 Version Software
e-filing 3.0 version software has been launched by the Chief Justice of Jharkhand High Court in presence of Judges of the High Court on 17.11.2022. The software will enable filing of pleadings, plaints, written statements, reply and various applications before the High Courts and District Courts online. It has provision for online payment which enables user to pay Court...